Sole Source Purchases
What is a Sole Source Purchase?
A sole source procurement for an estimated purchase equal to or greater than the Small Purchase Limits is permissible when a requirement is available from only a single supplier/contractor or when only one supplier/contractor is deemed economically feasible. A requirement for a particular proprietary item does not justify a sole source procurement if there is more than one potential bidder or offer or authorized to provide that item.
Advertisement of Sole Source Procurements
Public Hearing
Sole source procurements for which the total cost equals or exceeds the dollar level for requiring a state mandated competitive selection process, (see Small Purchase Limits / Competitive Solicitation Thresholds for more details) must be advertised on the Illinois Higher Education Procurement Bulletin for a minimum of 14 days, after which a public hearing must be held before the award can be processed, or before proceeding with a competitive process.
The public hearing is for the purpose of receiving relevant information from interested person(s) and/or entity(s). At the conclusion of the hearing, the Hearing Officer shall review the university's determination, any information obtained from the public (written or verbally), the applicable sections of the Illinois Procurement Code and Rules and any other information deemed relevant. The Hearing Officer shall make a written finding and recommendation to the Chief Procurement Officer – Higher Education. The Chief Procurement Officer shall, after considering the Hearing Officer's recommendation, will make a decision in writing to uphold or overturn, in whole or in part, the university's decision. The public hearing results will be posted to the Bulletin.
If no other supplier challenges this sole source determination within the 14-day posting period and it is determined that the purchase is a sole source, a contract may be executed with the sole source supplier. The sole source will then be posted as an award to the Bulletin.
If a challenge is received and the public hearing results in the determination that the purchase is not a sole source, the sole source intent will be canceled on the Bulletin and Purchasing will commence with a competitive solicitation process.
Due diligence and careful review of the sole source is necessary prior to posting to the Bulletin. The Purchasing Department will complete such processes expeditiously.
Refer to the Sole Source Hearings Schedule on the Chief Procurement Office for Public Institutions of Higher Education (CPO-HE) website to view dates for upcoming hearings. The requirement for a public hearing will add a minimum of three weeks to the sole source approval process.
The requirement for a public hearing will add a minimum of three weeks to the sole source approval process.
Oversight and Review
Sole Source awards are subject to review by the Procurement Policy Board (PPB) and the Commission on Equity & Inclusion (CEI).
Source purchases in excess of the Board of Trustees (BOT) authorization level require additional time for processing. At these dollar levels, departments should allow an additional eight to twelve weeks for completion of the BOT approval process. See the Board of Trustees Schedule and Approval Thresholds for meeting dates, Board approval thresholds, and deadlines for submission of documents to Purchasing.