A sole source purchase must be justified. Before making a determination that a purchase is truly a sole source, research must be conducted by the end-user to determine if other brands and vendors exist which can also satisfy the need. When purchasing a good, the sole source justification will include a sole brand justification (see section 188.8.131.52) that addresses why the specifications restrict the goods to the sole source’s specific brand. Sole source may not be used as an attempt to contract with a favored provider.
For purchases $25,000 and over:
Departments desiring to purchase an item or service under a sole source justification, must:
1) Ascertain that the item or service is not available on a mandatory statewide or UGA contract. If the item or service is available on a mandatory statewide contract, contact Procurement to discuss preparation and submittal of a waiver request to State Purchasing. If the item is not on a mandatory contract, proceed to #2 below.
2) Justify the existence of a sole source requirement by completing the sole source/sole brand form (see link in “Related Information” below). Note the form requires both the originator’s and department head’s signature. Attach the completed signed form to your UGAmart requisition.
Justifications must address the following:
3) If purchasing an item, obtain an original equipment manufacturer letter (OEM letter). The OEM letter should state that the vendor is the sole manufacturer and seller of the product. In cases where the vendor is a reseller or distributor, the letter must still come from the OEM and it should state that the reseller/distributor is the only authorized source to the State of Georgia.
4) If purchasing an item, and the unit price is $10,000 or greater and the total purchase price is $25,000 or greater, submit a matrix with your UGAmart requisition.
For purchases $10,000 - $24,999.99:
1) If the purchase is not federally funded, the end user needs to provide an explanation for the sole source purchase and a quote. Please refer to # 2 below if federally funded.
2) If the purchase is federally funded, the sole source/brand form with two signatures, a quote, and the original equipment manufacturer (OEM) letter are required. Procurement will obtain any additional forms needed to meet federal requirements.
Responsible University Senior Administrator: Vice President for Finance & Administration
Responsible University Administrator: Procurement Officer
Policy Contact: Annette Evans
Phone Number: 706-542-2361
The end-user is responsible for completing research to determine if other brands exist that could meet their needs and obtaining/submitting the sole source/sole brand form, OEM letter, and matrix with the purchase request if there are no other brands and only one supplier that could provide the needed items.
For sole source purchase order files:
Record Copy: Procurement
Retention: 7 years, BOR 072-03-009
Question 1? How is a sole source purchase different from a sole brand purchase?
Answer 1: Sole source purchases are distinguished from sole brand purchases as more than one supplier is capable of providing the specific good or service in a sole brand purchase.
Question 2? If only one brand meets my needs, but there are multiple vendors that provide the needed item, is this considered a sole source purchase?
Answer 2: No, this would be considered sole brand procurement. Please see section 184.108.40.206.