16.1 Sole source procurement justifications

As fair and open competition is the preeminent consideration in Commonwealth procurement, any agency making a sole source procurement must clearly and convincingly demonstrate the need for doing so. Examples of circumstances which could necessitate sole source procurement for technology goods or services include:

  • Products that are unique and possess specific characteristics or have a unique capability to provide a particular function and is available from only one supplier.
  • A law or grant requires a single source.
  • Recovery from a disaster or emergency.

Examples of circumstances which do not justify a sole source procurement for technology goods or services include:

  • Single supplier's capability to deliver in the least amount of time.
  • Small purchase procurements under $10,000.

Proprietary solutions. Proprietary procurements are defined as those in which there is only one solution available to meet an agency's needs; however, multiple suppliers may provide the technology goods and/or services required for the solution. Proprietary solutions exist when the compatibility of equipment, replacement parts or service is the paramount consideration, but they should be procured using competition.