| (a) Prior to conducting a proprietary purchase greater
than $10,000, a written justification for the use of proprietary specifications
or conditions must be completed. The justification must include the
following information to document best value to the state.
(1) A description of the goods or services to be purchased
and a statement regarding the business need and planned use.
(2) An explanation of why the specifications for the
goods or services are written as they are, and why those specifications
are necessary to accomplish the goal for the procurement.
(3) An explanation of the reason that no other competing
goods or services will satisfy the need and provide examples of the
technical, practical, or operational risks that would occur if competing
goods or services are selected.
(4) A statement specifying whether the purchase is:
(A) sole source; or
(B) competitive, meaning the specified goods or services
are available for purchase through more than one vendor.
(b) A solicitation for a proprietary purchase greater
than $25,000 must be posted to the Electronic State Business Daily
for a minimum of 14 calendar days.
(c) No competitive bidding is required if the total
value of the proprietary sole source contract is $25,000 or less.
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