[§103F-403]  Restrictive purchase ofservices.  (a)  A contract for the purchase of health and human servicesmay be awarded without competition when the head of a purchasing agencydetermines in writing that there is a basis for restricting the purchase to apurchase from one provider, and the chief procurement officer approves therestrictive purchase determination in writing.  Bases for restrictive purchaseof services shall include, but are not limited to:

(1)  Need for a service in a geographic area availablefrom only one provider;

(2)  Need for a service with a unique culturalapproach designed for a limited target group available from only one provider;and

(3)  When only one provider satisfies limitationsimposed by the source of funds for the procurement.

(b)  A purchasing agency shall submit thewritten determination with evidence supporting the request for a restrictivepurchase of services to the chief procurement officer.  The determination shallbe reviewed by the chief procurement officer and, if approved, a notice ofintent to issue a restrictive purchase of services contract shall be posted ina manner that makes it accessible to the public.

(c)  The policy board shall adopt rules toallow a reasonable opportunity for objections to be filed, including:

(1)  The manner in which notice is to be posted;

(2)  The duration of notice posting; and

(3)  The contents of the notice including, but notlimited to, the name of the provider to be issued the contract, the date onwhich the contract is to be awarded, a statement indicating that any person mayfile written objections to the issuance of the contract, the address of theperson or agency with whom the objections are to be filed, and the date bywhich the objections are to be filed.

(d)  The written determination, any objections,and a written summary of the disposition of any objection shall be included inthe contract database. [L 1997, c 190, pt of §2]