§ 71731

(a) The district shall not use sole source contracts unless one of the following conditions is met:

(1) The contract is limited to an emergency circumstance.

(2) The circumstances are that only one vendor can meet the district’s needs.

(b) Before executing a sole source contract, the district shall provide written justification demonstrating the reasons for not competitively bidding the services. The justification shall include all of the following information:

(1) The background of the purchase.

(2) A description of the vendor’s uniqueness.

(3) An explanation of the consequences of not purchasing from the vendor.

(4) Market research to substantiate a lack of competition.

(5) An analysis of pricing and alternatives.

(Added by Stats. 2016, Ch. 426, Sec. 1. (SB 953) Effective January 1, 2017.)