• Sole Source FAQ

     

    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.

    See NASPO Non-Competitive / Sole Source Procurement: Seven Questions for more information.


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

    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 his/her designee, shall District staff engage a vendor for goods, or a provider of services unless authorized by the Director of Purchase or his/her designee, irrespective of perceived or real sole source status.

     

    INSTRUCTIONS: Download the Sole Source Designation Process with Affidavit document here.

    1. Review the guidance section concerning sole source status
    2. Complete the questionnaire titled “Sole Source Rationale”
    3. Obtain and submit to Director of Purchase the notarized affidavit AND the most recent sole source letter from manufacturer/vendor on that company’s stationary. Submit to rjfanton@buffaloschools.org along with completed rationale.

     

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