Section 5-D118. SOLE SOURCE CONTRACTS

 

118.1The Contracting Officer may award contracts on a sole-source basis only if: 

 

(a)The goods or services sought by the Office are available from only one (1) responsible source; or

 

(b)Emergency circumstances beyond the Office’s control require an immediate award.

 

118.2Prior to entering into a sole-source contract, the CCO shall first certify that the requirement of Section 118.1 has been satisfied.

 

118.3If the requirement of Section 118.1 has not been met, the Office shall adopt a competitive procurement strategy in which it evaluates bids or proposals from any source that wishes to compete or from a reasonable number of qualified sources.

 

118.4If the Contracting Officer makes a determination pursuant to Section 118.1 that a sole source procurement is necessary to meet an essential requirement of the Office, the Contracting Officer shall document such determination in writing and may procure goods, services, or construction without regard to the procedures set forth in Sections 119, 120, 121 and 122.  In all other cases, the Contracting Officer shall use the procedures specified in Sections 119, 120, 121 or 122.

 

118.5A written determination by the Contracting Officer supporting a single available source procurement pursuant to Section 118.1(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 available from a single source.

 

118.6A written determination by the Contracting Officer supporting an emergency procurement pursuant to Section 118.1(b) shall include:

 

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

 

(b)A description of steps taken to solicit bids or proposals from as many potential competitors as possible under the emergency condition; and

 

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

 

118.7The Contracting Officer shall not make a procurement under this section to meet a continuing need of the Office beyond what is necessary to meet the emergency condition. 
 

authority

The Director of the Office of Public Education Facilities Modernization, pursuant to section 702(b) of the District of Columbia Public Education Reform Amendment Act of 2007 (Act), effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-451(b)) (2007 Supp.).

source

Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11205 (November 26, 2010).