KSU SOLE SOURCE JUSTIFICATION

WHAT IS A SOLE SOURCE?

A Sole Source (SS) exists when only one vendor can provide a good or a service. A vendor may be the only source for a good or service when:

  • The vendor is the only manufacturer-authorized supplier of a service, AND using a different supplier would have adverse consequences. For example, service by a non-authorized supplier would void a warranty.
  • The vendor has exclusive rights to sell a good or service; for example, the vendor is the only manufacturer-authorized distributer for an approved Sole Brand.
  • Excessive cost: The vendor is not the only source for the good or service, but using any other vendor would result in excessive cost to KSU. Per the Georgia Procurement Manual, excessive cost must be quantified.
  • Adverse impact: Due to extenuating circumstances, using a different vendor would have significant adverse effects on KSU.
  • The vendor has previous experience with Kennesaw State University (KSU) that is critical to the vendor’s ability to provide the service.
  • The vendor has unique capabilities or technical expertise that no other vendor has. For example, the vendor is the only vendor that can provide uniforms that match the department’s existing uniforms.

A vendor is NOT the only source for a good or service simply because:

  • KSU already has purchased the good or service.
  • KSU needs the good or service before the end of the competitive solicitation process.
  • KSU has used the vendor in the past.
  • The vendor has always provided the good or service to KSU.

INSTRUCTIONS FOR OBTAINING SOLE SOURCE APPROVAL

If you need to purchase a good or service from a SS vendor, please:

1)Create a Special Request Requisition for the good or service;

2)Complete the attached form and attach with any related back up documentation to the requisition

3)Review the approval path to ensure the division or department head are included and ad hoc approvers if necessary

4) The Purchasing Officer responsible for the commodity will process the Sole Source. INCOMPLETE FORMS WILL BE RETURNED TO THE REQUESTOR.

If approved, the Purchasing Officer will post the SS to the Georgia Procurement Registry for five business days as required by state law. If other vendors are capable of providing the same good or service, they may protest the SS to the Department of Administrative Services (DOAS). If DOAS supports the protest, the good or service may have to be competitively bid. The Purchasing Officer will notify you when the posting has closed and tell you if any protests have been received. If your SS request is for a service, the Purchasing Officer also will ask you for a contract and proof of insurance coverage.

KSU SOLE SOURCE JUSTIFICATION

Requestor Information

Name: / Phone:
Department: / Email:

Procurement Information

Brand/Item: / Commodity: / Choose an item. /
Estimated Cost: / Purchasing Officer:
REQ Number:

Sole Source (SS) Vendor Information

Name: / Contact Person:
Address: / Phone:
Email:

1) Describe the good or service that the SS Vendor will provide. Include any applicable details such as model number or software version, where and how the good will be used, and/or where the service will be performed. Space will expand as needed.

2) Why is this vendor the only source of the good or service described in #1? Check all that apply and follow the instructions for each reason. See page 1, What is a Sole Source?, for a definition of each item.

Only manufacturer-authorized supplier
Attach a letter/email from the manufacturer stating that the vendor is the only authorized supplier. In the space below, explain why using a different vendor would have adverse consequences. Space will expand as needed.
Exclusive rights to sell good or service
Attach a letter/email from the manufacturer stating that the vendor has exclusive rights to sell the good or service; proof of copyright or patent; or other evidence of exclusive rights.
Excessive cost
In the space below, explain why using another vendor would result in excessive cost to KSU. Specify all actual costs that would be incurred. Space will expand as needed.
Adverse impact
In the space below, explain why using another vendor would have a significant adverse impact on KSU. Space will expand as needed.
Previous experience with KSU
Describe prior experience and explain why no other vendor can supply the work in terms of time frame, match existing equipment or software etc.
Unique capabilities or technical expertise.
If you select this justification, please research other vendors in the field and document below why their good or service is not comparable. Space will expand as needed.
A) / Vendor Name and Phone Number:
Explain why this vendor cannot provide the good or service.
B) / Vendor Name and Phone Number:
Explain why this vendor cannot provide the good or service.
C) / Vendor Name and Phone Number:
Explain why this vendor cannot provide the good or service.

3) Conflict of Interest (COI): Explain any relationship that the SSVendor has to any KSU employee. For information about COI, please see the Official Code of Georgia Annotated 45-10-22 et. seq. and Board of Regents 802.16 and 802.1602. If the vendor has no relationship to any KSU employee, write Not Applicable. Space will expand as needed.

Purchasing Officer Notes

Date Received Completed Form:

Date Market Research Completed:

Result: