Sole Brand Restrictive Specifications
A sole brand solicitation is a competitive solicitation, which includes specifications
restricting offered goods to a specific manufacturer or owner’s brand. Before making
a determination that only one specific brand of goods will meet the University’s critical
business requirements, research must be conducted by the end-user to determine if
other brands exist which can also satisfy procurement requirements in a timely manner.
Sound procurement practice requires that a sole brand solicitation be used only when
it is the last justifiable option, and not as an attempt to contract for a favored
brand of goods. A valid sole brand justification allows the procurement specialist
to process a competitive bid with the insertion of “No Substitute” after the good
is specified by brand name, model number or some other designation identifying a specific
good of a manufacturer.
Reason for policy
To establish the requirements necessary to restrict a purchase to a particular, or
sole, brand and to ensure compliance with governing regulations.
There will be situations where only one brand/model will meet the needs of the end
user. If the purchase equals or exceeds $25,000, and the items are not available under
statewide or agency contract, and the need exists to limit the procurement to one
brand/model, the sole brand/sole source form must be completed and submitted with
the requisition. This form is available on the Administrative Forms
Web Site. Preference for a particular brand is insufficient reason for restricting
the purchase to one brand, unless the preference can be supported by objective written
justification. Acceptable reasons for sole brand are: components of a major assembly;
compatible items to be added to an existing system; compatibility with substantial
parts inventory and or service capabilities; physical design characteristics to satisfy
aesthetic requirements; matching and inter-membering with preponderance of existing
equipment, e.g. office or school furniture; one-of-a-kind equipment, especially high-technology
or scientific; many utilities, services, postage, cable television, fees, membership
fees, etc.; pre-prepared a/v materials such as video's, CD's, etc.; books, publications,
subscriptions, etc. on paper, CD-ROM, microfilm, etc. An approved Sole Brand request
allows for the insertion of "No Substitute" after the item identification. A matrix
will be required if the unit price of the item(s) is $10,000 or greater and the total
requisition price is $25,000 or greater
Procurement Office Staff 706-542-2361
Sole brand – a competitive solicitation, which includes specifications restricting
offered goods to a specific manufacturer or owner’s brand.
Responsible University Senior Administrator: Vice President for Finance & Administration
Responsible University Administrator: Procurement Officer
Policy Owner: Procurement
Policy Contact: Annette Evans
Phone Number: 706-542-2361
Responsibilities: The end-user is responsible for creating the initial set of sole brand specifications
to ensure their needs are met. However, the procurement specialist will review the
specifications and determine if the specifications are too restrictive. In this situation,
the end-user will be expected to assist the procurement specialist in modifying the
specifications so their need is able to still be met but without being too restrictive.
Specifications are maintained with the purchase orders and their record retention
may vary by the method of purchase (construction, public works, product, services,
Retention: 7 years, BOR 072-03-009; 11 years or 7 years after expiration, BOR 0472-14-002
Question 1: If I am purchasing in a sole brand environment which may be competitive or sole source,
do I still need to provide a matrix showing a comparison of products to support the
sole brand need?
Answer 1: Yes, however, this is only required if the unit price of the item(s) is $10,000 or
greater and the total requisition price is $25,000 or greater.