ยง 713 Sole Source
A. Sole source procurement is authorized in the following situations:
1. The goods and/or services are available only from one responsible source or firm and no other type of property or service will satisfy the needs of the Tribe.
2. The public urgency or emergency for the goods and/or services will not permit a delay resulting from competitive solicitation.
3. After solicitation from a number of sources, competition is determined to be inadequate.
4. It is necessary to award the contract to a particular source:
a. To maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of an emergency or to achieve industrial mobilization.
b. To procure the services of an attorney or expert for use, in any litigation or dispute involving the Tribe, in any trial, hearing, or proceedings before a court, administrative tribunal, or agency. 5.The awarding agency, where grant funds are used, has authorized a non-competitive proposal.
B. The President shall have the authority to approve sole source awards not exceeding $5,000 when the circumstances dictate and it is in the best economic interest of the Tribe to do so, except when applicable laws or regulations dictate a lower level. The Tribal Council shall otherwise have the authority to approve sole source awards. C.Where procurement is from a sole source, a written justification shall be included in the purchase documentation justifying the reason and/or necessity for procuring the goods and/or services from a sole source. A lack of advanced planning resulting in an urgent need for the goods or services is not adequate justification for procuring from a sole source.
[Legislative History: Enacted by Resolution No. 2018-76, 10/19/2018]
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