§103D-306  Sole source procurement.  (a) 
A contract may be awarded for goods, services, or construction without
competition when the head of a purchasing agency determines in writing that
there is only one source for the required good, service, or construction, the
determination is reviewed and approved by the chief procurement officer, the
written determination is posted in the manner described in rules adopted by the
policy board, and no objection is outstanding.  The written determination, any
objection, and a written summary of the disposition of any objection shall be
included in the contract file.



(b)  The written determination shall contain
such information as the rules of the policy board require.  Persons may file
written objections to the issuance of a contract pursuant to this section. 
Rules of the policy board shall provide for the disposition of objections,
including a written summary of the disposition.



(c)  The rules of the policy board shall
include a non-exhaustive list of procurements which constitute sole source
procurements and criteria for determining when a particular procurement may be
determined to be a sole source.  The rules shall also prescribe when cost or
pricing data must be considered and how they are to be used in establishing the
price, terms, and conditions, if any, for a contract awarded pursuant to this
section. [L Sp 1993, c 8, pt of §2; am L 1995, c 178, §12; am L 1997, c 352,
§23]