Single Source/Exceptional Purchases

provides that single source purchases are purchases of commodities or contractual services available only from a single source. Pursuant to Section 287.057(5)(c), F.S., such purchases are excepted from the competitive solicitation process.

a. Single Source Procurement Procedures

1. Program Area Responsibilities

a. Identify need for single source procurement, and notify the Purchasing Office of same via e-mail.

b. Forward the justification for the single source to the Purchasing Office via e-mail. At a minimum the justification must answer the following questions:

1. How was the determination made that the selected vendor is the only vendor that can provide the commodities or services being sought?

2. What would the Agency do if this vendor was not in business?

3. Why is the identified commodity or service the only commodity or service that will meet the Agency’s need?

c. Sign the Conflict of Interest Questionnaire and Certification forms and return the forms to the Purchasing Office for filing.

2. Purchasing Responsibilities

Upon receipt of the single source justification from the Program Area, the Purchasing Office will facilitate the actions described below:

a. If the total cost is anticipated to be in excess of the threshold for Category Two ($25,000), the Purchasing Office shall electronically post Form PUR 7776,

“Description of Intended Single Source Purchase”. This notice shall be posted for at least seven (7) business days.

b. After posting the “Description of Intended Single Source Purchase” form for the seven (7) business day period, the Agency must determine in writing that the commodity or service is only available from a single source. If any information is received from prospective vendors as a result of the posted “Description of Intended Single Source Purchase”, the Agency’s written determination must address each prospective vendor’s submission and explain why such submission does not meet the Agency’s requirements.

c. If the total cost does not exceed the threshold amount for Category IV ($150,000), after making the written determination required above, the Agency shall provide

notice of its decision to enter into a single source purchase by utilizing Form PUR 7778, “Notice of Intended Decision to Enter into a Single Source Contract”. This notice must be electronically posted in accordance with Section 120.57(3), F.S. for three (3) additional business days.

d. If the total cost of the single source purchase will exceed Category IV ($150,000), the Purchasing Office must file a certification with the Department of Management Services (DMS) for the single source purchase and receive approval of such certification before posting the notice of intended decision under Section 120.57(3), F.S. Purchases shall not be divided to circumvent these requirements. The Purchasing Office will submit the certification to DMS utilizing Form PUR 7777 (“Single Source Certification and Request for Approval”) electronically via e-mail to [email protected].

DMS has 21 days to approve or disapprove the Certification request. Failure by DMS to respond to a request within 21 days of receiving a request or receiving additional requested information shall constitute approval of the request.

Upon receipt of DMS’ approval of the Certification request, the Agency shall provide notice of its decision to enter into a single source purchase by utilizing Form PUR 7778. This notice must be electronically posted in accordance with Section 120.57(3), F.S.

If the single source purchase will be less than Category 2 ($25,000), the Program Area Contract Manager must contact the Purchasing Office to facilitate an in-house single source approval request that does not require posting.

e. Modifications to a Single Source Contract: If the Agency identifies the need to increase the originally advertised award amount in excess of Category II ($25,000), the Agency must process the modification in accordance with Section 60A-1.045 (1-4), F.A.C.

The Program Area must provide written documentation to the Purchasing Office documenting how the total award amount, including modifications was determined. The circumstances surrounding the purchase and the Agency’s final determination shall be maintained in the Agency’s official contract file.

If the increase will result in the original procurement meeting or exceeding $50,000 in contractual services, then a two-party contract must be developed. See Contract Development Process.

Contracts procured via the single source procurement method shall not be renewed, as that term is defined in Section 287.012(20), F.S. If the agency believes that the commodity or service continues to be available only from a single source, the Agency must re-initiate the single source exemption process.

f. If the total cost of the single source procurement will be

$24,999 or less, the Purchasing Office will review the justification request/memorandum received from the Program Area for approval. The Program Area must attach the approved justification to the MFMP requisition prior to electronically routing the requisition for Agency review and approval.

The Purchasing Office will prepare and route for signature the conflict of interest questionnaires and certification forms to all parties involved in the single source procurement, and upon obtaining all required signatures, the Purchasing Office will file the signed conflict of interest questionnaires and certification forms in the appropriate procurement file in the Purchasing Office.

The Purchasing Office will notify the Program Area upon completion of the posting processes, and will provide further direction to the Program Area, as applicable.

Note: Conflict of Interest without Competition. Section 287.057(20), F.S. and Rule 60A-1.002(6) provide that in any procurement that costs more than the threshold amount provided for in Category Two ($25,000) and is accomplished without competition, the individuals taking part in the development or selection of criteria for evaluation, the evaluation process, or the award process shall attest in writing that they are independent of, and have no conflict of interest in, the entities evaluated and selected.

The attestations shall be placed in the Agency file. The Conflict of Interest Certification and the Conflict of Interest Questionnaire are available for download from Purchasing’s Intranet web page at the link provided below:

http://intra.awi.state.fl.us/gs/purchasing.htm

3. Emergency Purchases. Emergency purchases may be made