§103D-306  Sole source procurement.  (a) A contract may be awarded for goods, services, or construction withoutcompetition when the head of a purchasing agency determines in writing thatthere is only one source for the required good, service, or construction, thedetermination is reviewed and approved by the chief procurement officer, thewritten determination is posted in the manner described in rules adopted by thepolicy board, and no objection is outstanding.  The written determination, anyobjection, and a written summary of the disposition of any objection shall beincluded in the contract file.

(b)  The written determination shall containsuch information as the rules of the policy board require.  Persons may filewritten 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 shallinclude a non-exhaustive list of procurements which constitute sole sourceprocurements and criteria for determining when a particular procurement may bedetermined to be a sole source.  The rules shall also prescribe when cost orpricing data must be considered and how they are to be used in establishing theprice, terms, and conditions, if any, for a contract awarded pursuant to thissection. [L Sp 1993, c 8, pt of §2; am L 1995, c 178, §12; am L 1997, c 352,§23]