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Except where a contract is necessary for the immediate
preservation of the public health, welfare, or safety, or the
protection of CSU property and programs, a sole source
procurement is permissible only when a determination has been
made and approved in writing, that only one source exists for
the required product or service.
A
requirement for a proprietary (or sole brand) item does not
necessarily justify sole source procurement, as more than one
potential bidder or supplier may exist who can supply that item.
The
sole source request must clearly demonstrate:
a. That there is only one source or only one supplier that can
provide the goods or
services in accordance with the requirements of the CSU, or
b. The existence of limited rights in data patent rights,
copyrights or secret processes
makes the supplies or services available from only one source
(however the mere
existence of such rights or circumstances does not in and of
itself justify a sole
source procurement).
Addition of new work that was not within the scope of or
incidental to, the original contract scope of work, either as
part of the base contract or as an option, is subject to sole
source requirements.
The
determination as to whether a procurement has been adequately
justified in writing for a sole source award shall be made by
the designated authority. Campus sole source requests for
acquisitions $100,000 or more must be approved by a campus
authority no lower than Vice President for
Administration/Finance. For sole sources of $250,000 or
greater, a copy of the requisition, the justification, and other
pertinent documentation must be forwarded to the Chancellor’s
Office CS&P for review and final approval.
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