STATE OF UTAH

Division of Purchasing

Utah Administrative Code R33-3-401: Conditions For Use of Sole Source Procurement

Sole source procurement shall be used only if a requirement is reasonably available (only) from a single supplier. A requirement for a particular proprietary item does not justify sole source procurement if there is more than one potential bidder or offeror for that item.

Examples of circumstances which could necessitate sole source procurement are:

1. where the compatibility of equipment, accessories, replacement parts, or service is the paramount consideration;
2. where a sole supplier’s item is needed for trial use or testing;
3. procurement of items for resale;
4. procurement of public utility services.

The determination as to whether a procurement shall be made as a sole source shall be made by the procurement officer. The officer may specify the application of the determination and its duration. In cases of reasonable doubt, competition should be solicited. Any request by a using agency (department) that a procurement be restricted to one potential contractor shall be accompanied by an explanation as to why no other will be suitable or acceptable to meet the need.