Section 27-4618. SOLE SOURCE CONTRACTS

 

4618.1Procurement contracts may be awarded through noncompetitive negotiations when the CCO or the CCO designee determines in writing that one (1) of the following conditions exists:

 

(a) There is only one (1) source for the required commodity, service, or construction item;

 

(b)The scope of work is necessary to meet an essential requirement of the Hospital and the vendor is the only source that is readily available to perform in the time necessary to meet the essential requirement of the Hospital;

 

(c) The contract is with a vendor who maintains a price agreement or schedule with any federal agency, so long as no contract executed under this provision authorizes a price higher than is contained in the contract between the federal agency and the vendor;

 

(d)The contract is with a vendor who agrees to adopt the same pricing schedule for the same services or goods as that of a vendor who maintains a price agreement or schedule with any federal agency, if no contract executed under this paragraph authorizes a price higher than is contained in the contract between the federal agency and the vendor; or
 

(e)When an emergency has been declared by the Board.

 

4618.2If the Contracting Officer makes a determination pursuant to subsection 4618.1 that a sole source procurement is necessary to meet an essential requirement of the Hospital, the Contracting Officer shall document such determination in writing and may procure goods, services, or construction without regard to the procedures set forth elsewhere in this chapter.
 

4618.3 A written determination by the Contracting Officer supporting a single available source procurement pursuant to subsection 4618.1(a) shall include:

 

(a)A description of the nature of the goods or services; and

 

(b)An explanation of why the goods or services are only available from a single source.

 

4618.4A written determination by the Contracting Officer supporting an emergency procurement pursuant to subsection 4618.1(e) shall include:

 

(a)A finding that circumstances which were not reasonably foreseeable by the Hospital have created a need for goods, services, or construction which, if not immediately filled, will endanger the continuation of an essential function of the Hospital;

 

(b)A description of steps taken, if any, to solicit bids or proposals under the emergency condition; and

 

(c)A finding that anticipated costs to the Hospital will be fair and reasonable.

 

4618.5The Contracting Officer shall not make a procurement under this section to meet a continuing need of the Hospital beyond what is necessary to meet the emergency condition.
 

authority

The Board of Directors of the Not-for-Profit Hospital Corporation (Board), pursuant to authority granted by sections 105(a), 106(6), and 111 of the Not-for-Profit Hospital Corporation Establishment Emergency Amendment Act of 2010 (Act), effective July 7, 2010 (D.C. Act 18-476; 57 DCR 6937 (August 6, 2010), and applicable sections of any subsequent substantially identical emergency, temporary, or permanent legislation.

source

Notice of Emergency and Proposed Rulemaking published at 57 DCR 8507 (October 8, 2010)[EXPIRED]; as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 3086 (April 18, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 4565, 4584 (May 27, 2011).