2 AAC 12.410 - Conditions for use of single source procurement
(a) A request by a
purchasing agency that a procurement be restricted to one potential contractor
shall be accompanied by a written explanation that meets the requirements of
2 AAC 12.415 as to why it is not practicable to award a
contract by competitive sealed bidding, competitive sealed proposals, or small
procurement procedures, and why award to a single source is the state's best
interests. An agency may advertise its intent to make a single source award to
determine if such an award is appropriate. The agency shall include with the
written explanation the evidence necessary for the independent examination and
determination of the material facts of the procurement, subject to
AS
36.30.315. Except for a procurement that does
not exceed the amount for small procurements under
AS
36.30.320, the award of a single source
procurement may not be made without the prior written approval of the chief
procurement officer or the commissioner of transportation and public
facilities, as appropriate under
AS
36.30.300(a).
(b) A determination under
AS
36.30.300(a) must specify
the duration of the determination's effectiveness.
(c) A procurement officer shall conduct
negotiations, as appropriate, as to the price, delivery, and terms of a single
source procurement.
(d) The
following are examples of circumstances in which sole source procurement might
be appropriate:
(1) if the compatibility of
equipment, accessories, or replacement parts is the main
consideration;
(2) if a specific
item is needed for trial use or testing, including testing of a
prototype;
(3) if an item is to be
procured for resale;
(4) repealed
6/29/95;
(5) if there exists a sole
source of expertise required to perform a specific professional
service;
(6) if the procurement is
for operation of a concession contract on state property by a nonprofit
organization whose sole purpose is to operate the concession and provide other
public services on the property;
(7) if the procurement is with a government
police agency to provide investigative, enforcement, or support services in
support of state law enforcement objectives;
(8) if the procurement is for the services of
legal counsel for the purpose of advising or representing the state in specific
civil or criminal proceedings or on a specific matter before a federal or state
regulatory agency, board, or commission;
(9) if the procurement is by the Office of
the Governor for lobbying, labor negotiation, or consulting by a foreign
national.
Notes
Authority:AS 36.30.040
AS 36.30.300
AS 36.30.315
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