Overview
Sole-source justification is a rarely employed alternative to the typical procurement sourcing process. Here are details on when and how to document this exception.
Defining Sole-Source Justification
The University is required to publicly bid any purchase order (or contract) greater than $100,000. If Federal funds are involved, competition is required for $50,000 and above. Sometimes, however, it doesn’t make sense for the University to bid because we don’t really have an option in who we buy from. When this occurs, it is called a sole-source and we must document our sole-source justification.
Writing a good sole-source justification documents how UCSF is making our procurement decisions and allows us to effectively respond to those who scrutinize what we buy; such as our Federal funding agencies and/or State auditors.
How to Document a Sole-Source Purchase
Start here, your sole-source justification should answer these three basic questions:
- What are the unique specifications/circumstances/requirements that are needed?
- Why is this the only (sole) supplier/solution/product that meets the user's requirements?
- Describe the due diligence that was performed in determining that this is the only solution to the user's need. In other words, how do you know there are no other solutions to your need?
An acceptable sole-source declaration will detail the exceptions for all of these considerations.
Federally Funded Procurements
For federally funded procurements, a sole source justification must fit into one of the categories below:
- the item is available only from a single source
- the public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation
- the federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-federal entity
- after solicitation of a number of sources, competition is determined inadequate
Non-Federally Funded Procurements
A good source justification for non-federally funded procurement will generally fall into one of the categories below:
#1 Research Continuity
Definition
Making sure that the research being performed is not interrupted, affected or changed by the introduction of another good and/or service that will disrupt the continuity of the research.
Good Sole-Source Example
- This instrument is essential to research continuity based on the improved capabilities over an existing, now obsolete, instrument with a similar functional role. Our research increasingly requires adherence to federal and FDA guidelines for pharmaceutical bioanalysis, which cannot be performed on our existing (obsolete) mass spectrometer system.
- In our outpatient service areas, having proper radiology equipment is a key element in our ability to deliver the high quality services expected of us. This particular piece of equipment has the appropriate level of sophistication and caliber required to meet and provide the demand in service often experienced by our team of experts (Radiology Licensed Personnel).
Helpful Hint
Ask yourself: Why is this good and/or service essential to preserving or working with your current data and producing future data that is considered valid in your research?
#2 Unique Design
Definition
The item possesses specific features essential for completion of task on project; available from only one source in the world. Looking at the form (the shape, size, dimensions and mass), fit (the physical interface or interconnect with another items or assembly), and function (the action(s) that an item is designed to perform) of an item in comparison to other items.
Good Sole-Source Example
- It can provide impact load by using a hammer up to 15 kg, and the impact rate can be higher than 20 m/s. The linear accuracy is 0.5%. There will be sample-holding system to prevent bouncing.
- Nikon Inverted Microscope: The inverted research microscope from Nikon has been developed for maximum flexibility in the live cell techniques and realized as a fully integrated research platform for cell observation and analysis, particularly for fluorescence imaging, which is the need of our research. It has the features for all the needs in our project, particularly the perfect focus system which can maintain the focus plane with high precision and hence provide a robust FRET measurement, a highly sensitive camera for the purpose of imaging, a motorized stage with high precision for the efficient and automated identification of cells, three filter wheels for excitation, emission, and neutral density filters, a filter wheel controller and other optical elements.
Helpful Hint
Use form and function as a guide:
- Form: the shape, size, dimensions and mass of the equipment
Function: does it meet the required specifications and performance
#3 Compatibility of Match Existing
Definition
The goods being purchased are capable of performing with another good without issue; it is designed to work or operate with another good or system without modification. Proprietary item for compatibility with existing equipment or systems, and available only from one source.
Good Sole-Source Example
- We contacted a couple of competitors of Instron for the purchase of the impact tester. MTS's product may be of a higher quality, but it seems more fragile, not suitable to the lab environment where the machine will be mainly used by unexperienced students; moreover, the price of MTS is much higher by at least 30 percent (according to phone conversation with MTS's sales engineer), and the software is not compatible with the existing Instron tester in our lab. Other potential suppliers are in China; their products quality does not meet our requirements and there might be cumbersome import issues. Instron's product has a nice performance-cost balance. Its software matches with the existing testers in our lab, creating a continuous testing line.
- This piece of equipment is a motion sensor to interface to the multibeam swath sonar installed on the USCG icebreaker HEALY, a Kongsberg EM122. The SeaPath 330+ is the most current model of motion sensor on the market and being from the same manufacturer works well with the EM122 multibeam we already use in our lab, e.g. data formats are compatible.
Helpful Hint
Use fit as a guide:
- Fit: how well does the good interface or interconnect with other goods, a system, or assembly
#4 One of a Kind
Definition
There is only one person or company that can provide the goods and/or services needed, so any attempt to obtain bids would result in only one person or company qualifying to bid on it; this is also known as a sole source. Possesses specific features essential for completion of task or project; available from only one source in the world.
Good Sole-Source Example
The Nikon Ti-E microscope is the only model which can provide a perfect focusing system which will allow a focus plane maintained during our live cell imaging. The detailed information are attached as follows:
- Nikon Ti – E with Perfect Focus System
The Nikon Ti-E is the first fully automated instrument by a major microscope manufacturer capable of fast, robust (million-cycle MTBF actuators) multimode scanning of whole microtiter plates and slides. Combined with NIS-Elements image acquisition software, the Ti-E supports diverse imaging methods such as multi-dimensional time-lapse imaging to acquire temporal, spatial, and spectral information of fast, dynamic live cell processes. Intelligently designed automation (high-speed motorized nosepiece, fluorescence filters, shutters, condenser turret, and X-YZ stage) and further expansion of Nikon’s powerful modular approach make the Ti-E ideal for applications such as interaction of fluorescence protein molecules in living cells and tissues.
Bad Sole-Source Examples
- This is the preferred supplier per the UCSF webpage.
- There are three suppliers who sell this product. We are choosing the least expensive option.
- This supplier is the only one who can meet our unique needs (Note: This may be ok, if it is documented more fully and if the unique needs are elaborated).
Helpful Hint
Just because something is sole source, doesn’t mean we shouldn’t negotiate the price and/or terms and conditions. Often, we still need to negotiate, even after the supplier has been selected.
#5 Replacement Part
Definition
An item that is part of an overall piece of equipment or system needs replacement and only the original equipment manufacturer makes and distributes the item.
Good Sole-Source Example
This requisition is for a replacement part on our specialty microscope. The Laser malfunctioned the replacement is only manufactured and distributed exclusively by one supplier.
Bad Sole-Source Example
This requisition is for a replacement rotor in our Ultracentrifuge. Although others could be used, the original manufacturer provided us the best quote for a replacement.
Helpful Hint
The key to making this an acceptable writeup is that UCSF has no choice in the purchasing decision. We need the equipment to function and only one supplier has the good(s) we need to make that happen. If we have choices, we need to follow our quoting or bidding processes.