US Laws, Codes, Statutes & Cases

 
    §  321.  Sole  source.  a.  In  accordance  with section three hundred
  seventeen, a contract may be awarded for a good, service or construction
  without  competition  when  an  agency  determines,  pursuant  to  rules
  promulgated  by  the  procurement  policy  board, that there is only one
  source for the  required  good,  service  or  construction.  The  agency
  contract  file  shall  contain  the  agency's  determination that only a
  single  source  is  available  for  the  required   good,   service   or
  construction,  including  the  process  by  which  the  agency made such
  determination.  Copies  of  such  notice  shall  be   filed   with   the
  comptroller.
    b.  Whenever  an  agency determines that there is only a single source
  for a good, service or construction,  an  agency  shall  give  immediate
  notice in the City Record of such determination and shall in such notice
  solicit  the  application  of  vendors  qualified  to provide such good,
  service or construction, or interested in providing such good service or
  construction in the future. The procurement policy board shall  by  rule
  define  the  timing  and  duration  of  such notification to ensure that
  vendors qualified to provide such good,  service  or  construction  have
  sufficient  opportunity to express their interest to the agency prior to
  the initiation of any sole source negotiation; provided,  however,  that
  if  the  agency  has  determined that it should not reveal to the vendor
  with whom it is negotiating that it is doing so on a sole  source  basis
  under circumstances defined by rule of the procurement policy board, the
  notice required by this subdivision shall be made upon the completion of
  such  negotiations  or  the award of the contract. Vendors interested in
  providing such good, service or construction  in  the  future  shall  be
  prequalified  in  accordance  with section three hundred twenty-four, or
  shall be included for receipt of notice in accordance with subdivision a
  of section three hundred twenty-five.