SECTION 340:2-13-95. Sole source or sole brand acquisitions exceeding $5,000 and not exceeding $50,000

(a)   The Oklahoma Department of Human Services (OKDHS) is not required to seek competitive solicitations for goods or services, if the customer affirms that the goods or services may only be obtained from a single or sole source.

(b)   OKDHS must seek competitive solicitations for sole brand acquisitions. Criteria which may be sufficient to justify a sole source or sole brand contract are:

(1)   only a specified make, model, or brand will meet OKDHS needs, even though the makes, models, or brands are available from multiple vendors. A brand name description or other purchase description to specify a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of vendors solicited. This restricts competition in that only suppliers able to supply a specified make, model, or brand are permitted to compete;

(2)   market research clearly shows that there is only one responsible vendor and it can be demonstrated that no other supplies or services satisfies OKDHS requirements;

(3)   requirement is for additional units or replacement parts of specified makes and models of technical equipment and only one vendor is available;

(4)   OKDHS needs to purchase supplies or services from the original vendor in the case of a follow-on contract because award to any other supplier would result in substantial duplication of costs that would not be recovered through competition or in unacceptable delays in fulfilling agency requirements;

(5)   purchase of a brand name commercial item that is used for authorized resale;

(6)   OKDHS has an unusual and compelling urgency for supplies or services and would be seriously injured unless permitted to limit the number of suppliers from which it solicits bid/proposals; or

(7)   OKDHS needs to acquire services of an expert, such as expert services to support a current or anticipated litigation or dispute, involving OKDHS in any trial, hearing, or proceeding whether or not the expert is expected to testify.

[Source: Added at 27 Ok Reg 1835, eff 7-1-10]