• FAQ: Sole Source

    IMPORTANT: The Director of Purchase must approve all sole source designations prior to:

    • submitting a Board Recommendation for approval
    • submitting a Professional Services Contract for approval

    At no time, unless under an emergency designation by the Superintendent or their designee, shall District staff engage a vendor for goods, or a provider of services unless authorized by the Director of Purchase or their designee, irrespective of perceived or real sole source status. 

    What is a sole source procurement?

    A sole source procurement can be defined as any contract entered into without a competitive process, based on a justification that only one known source exists or that only one single supplier can fulfill the requirements. Examples of acceptable exceptions from the competitive procurement process may include:

    • only one known source exists for supplies or services as determined by documented research;
    • no other reasonable alternative source exists that meets the agency requirements;
    • only one source meets the business needs of the agency/state (e.g., compatibility, unique feature to meet state’s business need, etc.); and procurement of public utility services. 

    What is NOT a sole source procurement?

    • An agency requirement for a particular proprietary product or service does not automatically justify a sole source procurement if there is more than one potential bidder for that item.
    • An agency preference for a brand name product does not justify a sole source procurement.
    • A good's or service's "uniqueness" alone may not qualify the producer or supplier of the good or service as a sole provider of a good or service. There may be other goods or services that may provide the desired result or benefit, in a different context.

    How do I designate a sole source vendor with the BPS?

    1. Complete the Sole Source Designation Request form;
    2. Submit to bpscontracts@buffaloschools.org:
      1. Sole Source Designation Request form (completed by you);
      2. Notarized affidavit (completed by vendor);
      3. A recent sole source letter from the vendor on that company’s stationary.

    NOTE: DESIGNATION OF SOLE SOURCE IS ON A "SINGLE ORDER BASIS" AND CANNOT BE USED FOR SUBSEQUENT ORDERS; A NEW REQUEST MUST BE SUBMITTED.