Sole Source Procurement

Numerous posters have claimed that EDE has only been chosen after winning tenders. In fact DOTs may use FWHA funding for trials of a proprietary product such as Edencrete by using a Sole Source Supplier exemption. In other words CDOT and GDOT officials can choose to use Edencrete without any form of tender process.

Colorado

ProcurementRules:

R-24-103-205-01 SoleSource Procurements.

(a) Conditionsfor Use. A sole source procurement is justified when there is only one good or service that can reasonably meet the need and there is only one vendor who can provide the good or service. A requirement for a particular proprietary item (i.e., a brand name specification) does not justify a sole source procurement if there ismore than one potential bidder or offeror for that item. Thef ollowing are examples of circumstances that could justify a sole source procurement:

1. where the compatibility of equipment, accessories, or replacement parts is the paramount consideration;

(ii) wherea sole supplier’s item is needed for trial use or testing;

(iii) where public utility services are to be procured.

The Director, the head of a purchasing agency, or the designee of suchp erson, shall make a written determination that a procurement is solesource, setting forth the reasons. In cases of reasonable doubt,competition should be solicited. Any request by a using agency that a procurement be restricted to one potential contractor shall bea ccompanied by an explanation as to why no other will be suitable or acceptable to meet the need.

(b) Exemptions. Sole source determinations are not required under circumstances outlined in 24-101-105, C.R.S., as amended, and related rules.

R-24-103-205-02 Negotiation.

Whena sole source procurement is authorized, the Procurement Officer shall conduct negotiations, as appropriate, as to price, delivery,and terms.


Georgia:




https://www.codot.gov/business/bidding/documents/sole-source-justificationhttp://pur.doas.ga.gov/gpm/MyWebHelp/content/georgia_procurement_manual/chapter_2/23/232/2322.htm