309.02: Single Source and Sole Source Vendors

Single (or Sole) Source Purchase: A unique item or product that can only be purchased from a single supplier. Few purchases fit this definition. “Proprietary item” is a related term for an item or product produced exclusively by one firm. When making Single or Sole Source Purchase, Enterprise State Community College shall refer to the ACCS Purchasing Manual (below). The ACCS Purchasing Manual is located on the ACCS website within the Fiscal Services section of the Staff Resource Library.

Sole Source Procurement

The Procurement Officer can determine, in writing, that there is only one source for the required supply or service. 

Per Code of Alabama 41-4-135, the contract cannot exceed one year unless the Procurement Officer determines, in writing, that there continues to only be one source for the required supply or service.

Conditions for Use of Sole Source Procurement

•  Sole source procurement is not permissible unless a required supply or service is available from only a single supplier. A requirement for a particular proprietary item does not justify a sole source procurement if there is more than one potential bidder or offeror for that item. The following are examples of circumstances that could necessitate sole-source procurement:
  • where the compatibility of equipment, accessories, or replacement parts is the paramount consideration;
  • where a sole supplier’s item is needed for trial use or testing; and
  • where a sole supplier's item is to be procured for resale. The determination as to whether a procurement shall be made as a sole source shall be made, in writing, by the head of the purchasing agency. The CFO or head of procurement may specify the application of such determination and the duration of its effectiveness. In cases of reasonable doubt, competition should be solicited. Any request by a purchasing agency that a procurement be restricted to one potential contractor shall be accompanied by an explanation as to why no other will be suitable or acceptable to meet the need.
• Negotiation in Sole Source Procurement: The Procurement Officer shall conduct negotiations, as appropriate, as to price, delivery, and terms.
• Record of Sole Source Procurement: A record of sole source procurements shall be maintained that lists:
  • each contractor's name;
  • the amount and type of each contract;
  • a listing of the supplies procured under each contract; and
  • the identification number of each contract file. The records for each fiscal year shall be available for public inspection, except where disclosure would be detrimental to the safety or security of persons or property or to the public interest as determined by the Procurement Officer.