Sole Source Justification

Operational Standard/Purpose

This procedure addresses requirements when purchasing goods or services using a sole source justification.

Purchasing guidelines have been established to address purchasing items using the “Sole Source Justification”. In accordance with the Illinois Procurement Code, sole source procurement is permissible when a requirement is available from only a single supplier/contractor. A requirement for a particular proprietary item does not justify a sole source procurement if there is more than one potential bidder or offer or (usually the manufacturer) authorized to provide that item.

Scope/Applicability

This standard covers all areas of the College with a direct purchase only available from one vendor that fulfills a requirement.

Procedures

1. When attempting to purchase items using the Sole Source Justification the purchaser should take the following into consideration:
   1. All purchases of items ranging in cost from $5,000 to $24,999 require three competitive quotes OR a sole source justification statement to support price and chosen vendor prior to purchase.
   2. All purchases of any item, group of items or services over $25,000 requires an Invitation to Bid Form OR a Sole Source Justification Statement Form to support price and chosen vendor prior to purchase.
2. A proprietary product is one that is manufactured and marketed by a person or persons having the exclusive right to manufacture and sell the product. Marketing is generally controlled by franchises that may include competitive sales at wholesale or retail levels. When it is found that bids may be obtained from different franchises, a competitive selection must be issued. Additional exceptions that make an item economically only available from a single source include:
   1. Compatibility of equipment, accessories, replacement parts, or service.
   2. Items or services copyrighted or patented that are not available except from the holder of the copyright or patent.
   3. Goods or services are obtainable only through exclusive supplier; no comparable item available.
   4. Other justifications will be considered based on the merits of the request.
3. When an item is determined to meet the requirements established above:
   1. A Sole Source Justification Statement Form needs to be completed and submitted to the Purchasing department. This form can be found on ICCNET under the PURCHASING section.
   2. Sole source direct purchases over $25,000 must be presented to the Board of Trustees for approval. Please provide an explanation and recommendation to be included in the monthly purchase report.
   3. Purchasing will communicate back to the requester upon approval by the Board of Trustees to proceed with the purchase.
4. Information will be reviewed each calendar year as to assure compliance with any changes to the Illinois Procurement Code.