Sole Source Purchasing

Definition

A sole source exists when goods or services, because of unique characteristics or other reasons, are only available from a single source. Sole source justifications are reviewed and approved by Procurement Services prior to an order being placed. When an alternate supplier for a product or service cannot be identified, to the best of the requester's knowledge, based upon thorough research, a sole source justification must be provided. The sole source justification should document the good faith effort made in searching for other suppliers, include a list of the unique technical specifications required of the product, and the companies that were contacted in the search for alternate sources.

Guidelines:

• A sole source justification is required for every purchase over the Direct Buy Limit ($10,000 including shipping and handling, but excluding tax) unless the purchase is being made from an existing contract, the supplier is specifically named in the funding source award, or the purchase is being competitively solicited.
• Sole source cannot be based on quality or preference
• Sole Source Statement cannot be provided/written by the Supplier
• Sole source cannot be based on price comparisons as it indicates the existence of a competitive marketplace, please reach out to Procurement and they will work with you on issuing a competitive solicitation.

Sole Source in Workday

Workday does not currently prompt the user to provide a sole source justification when a requisition or supplier invoice is over the direct buy limit ($10,000). Campus is requested to provide a sole source justification in the internal comments box or attach a sole source document. If using a contract, a sole source is not required, but please indicate the contract in the supplier contract box or in the internal comments box. 

Whenever possible, do not use an Ariba purchase order number as a sole source justification since access to Ariba is only available for a limited time.

Sole Source Justification Criteria

A Sole Source justification describes the steps taken to determine that the chosen supplier is the only source available for your product/service. The following list of criteria may be used in determining if a sole source situation exists:

1. Only one manufacturer makes the item meeting required specifications; that manufacturer only sells direct or exclusively through one regional/national distributor; Describe the steps taken to determine only one source exists.
2. Item must be identical to equipment already in use to ensure compatibility with existing equipment or systems, and that item is only available from one source. Provide a previous po number or equipment inventory tag number in your sole source justification.
3. Named in award: Supplier is specifically named by the funding source award documents, inter-agency agreement, or clinical trials agreement. Proposal documents are not considered an "award document".
4. Maintenance or repair by the original equipment manufacturer (OEM) and the manufacturer does not have multiple agents to perform these services.
5. Replacement or spare parts are required from the OEM, and the OEM does not have distributors for those parts.
6. Patented items or copyrighted materials, which are only available from the patent or copyright holder.
7. A medical/surgical decision by a medical/dental professional, where a specific brand is required for patient care, and the manufacturer has no distributors for the product.
8. Consultants only: The chosen Consultant has unique expertise, background in recognized field of endeavor, the result of which may depend primarily on the individual's invention, imagination, or talent. Consultant has advanced or specialized knowledge, or expertise gained over an extensive period of time in a specialized field of experience.
9. A Market Survey has been conducted to determine whether other suppliers capable of satisfying the requirements exist.   A list of all the suppliers contacted, along with the reason why each supplier could not meet the requirements should be provided with the sole source justification.

Federally funded sole source purchases are limited to the following categories:

• the item is available only from a single source - describe the steps taken to determine there are no other suppliers
• the public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation
• after solicitation of a number of sources, competition is deemed inadequate

Note: An item being a “sole brand” or "sole manufacturer" does not automatically qualify as a “sole source”. Many manufacturers sell their products through distributors. Therefore, even if a purchase is identified as a valid “sole brand” or “sole manufacturer”, the department should verify whether the manufacturer has multiple distributors. If the manufacturer does have multiple distributors, competition should be sought, Procurement Services can work with you on a competitive solicitation.

State-Funded Sole Source Purchases

Sole source purchases over the direct buy limit and made with state-appropriated funds require advance approval by the State of Washington Department of Enterprise Services (DES). This approval process is in addition to the UW's approval process. DES requires a minimum of 10 days to review and approve a sole source purchase. Procurement Services staff cannot expedite the DES review process. Be prepared to allow a minimum two additional weeks for the process if state funds are used. State funded sole sources must also be publicly advertised on the UW website for 10 days, and on the State's WEBS website for five days, before the purchase may be made.

The following are examples of exemptions from the State's sole source rules. They are NOT exemptions from UW sole source rules:

• OEM maintenance service contracts purchased from the OEM (original equipment manufacturer)
• Professional development conferences, seminars, professional licenses
• If more than 50% of the funding for a purchase is from non-state appropriated funds

Intent to Sole Source State-Funded Purchase: 

State funded sole sources must  be publicly advertised on the UW website for 10 days, and on the State's WEBS website for five days, before the purchase may be made.

March 27, 2024:

The University of Washington Procurement Services department contemplates awarding a sole source contract to Abcam, Inc to provide proteins, antibodies, kits, reagents, and related products and services to the University of Washington system.
Many University of Washington researchers have developed protocols around Abcam products. Continued purchase of Abcam’s proprietary products and services is necessary to maintain scientific and research integrity and ensure validity of results.
Any change in vendor would necessitate re-corroboration, reevaluation, and revalidation of all research data previously collected by University of Washington investigators using Abcam products. The contract will be issued on or about May 1, 2024 for 60 months with an option to extend for up to an additional 60 months. The dollar value is estimated at $460K annually.

Offerors contemplating the above requirements are required to submit capability statements within five (5) working days of this announcement. In the absence of other qualified sources, it is the University’s intent to make a sole source award of the contract.To submit capability statements or for questions contact: Kassy Ellefson, Sr. Contract Manager, UW Procurement Services, ellefson@uw.edu 

March 19, 2023 - Intent to Sole Source - Charter Controls

The University of Washington intends to contract with Charter Controls to replace the obsolete components of the custom-built hoist & motor control system in the Kathryn Alvord Gerlich Theater.

Background: This contract would replace the obsolete components of the custom-built hoist & motor control system in the Kathryn Alvord Gerlich Theater. The motor control system operates (24) individual hoists and chain motors on the stage from 1 control panel. The stage can typically be in operation 6 days/week from mid-September through mid-December, 1st of January through mid-June. The stage does not operate without motor control. The current system has crashed twice since 2021 and repairs are only temporarily solved purchasing used components (power supply, control modules) from Ebay. If the emergency repairs can’t continue to be made with used components, stage activity would have to be suspended.  A very limited time window of July and August 2024 are being held on the calendar to complete this needed system upgrade.

Unique Qualifications: The original manufacturer and installer of the custom-built Meany hoist & motor system, Stagecraft Industries, Inc., has now outsourced motor control systems to Charter Controls, Inc.

• Charter Controls’ engineers correctly identified the failed control modules and located replacement parts on Ebay getting the Meany system back online in a timely manner to be able to continue stage performances and rehearsals.
• Through onsite visits over the past two years, Charter Controls investigated and inventoried the entire Meany system in order to provide the detailed parts list for repairs and quote for replacement of obsolete parts.
• Charter Controls can provide the new components and is the only vendor that can make replacement in the limited July-August 2024 window on the Meany calendar.
• Meany did not have accurate and detailed enough information on the motor control installation to share with any vendor to facilitate the repair. Only Charter Controls’ documenting the Meany system over the past couple of years while onsite for repairs is moving us towards fully upgrading the system’s components, since the original manufacturer no longer supports motor control repairs and upgrades. This unique relationship between Stagecraft Industries and Charter Controls has already assisted with troubleshooting needed for repairs of the motor system and has enabled Charter Controls to gather the relevant design schematics from Stagecraft to determine the parts required to offer an itemized quote for updating the motor control system in Meany.

•             Along with replacing the obsolete components, Charter Controls will provide Meany with accurate schematics for all wiring in all control boxes, and the archived and documented program files. Documenting the current system and identifying obsolete parts has been the result of multiple site visits from a contractor with unique expertise and a relationship with the original manufacturer. Charter Controls is now familiar with the current Meany motor control system and have proven troubleshooting abilities that allowed successful support and repairs.

             Charter Controls work will allow Meany the ability to plan updates to the system.

•             Charter Controls’ will offer better support and follow-up, as the system upgrade will allow for remote support. The current hardware and software do not allow a way to retrieve detailed reports on information from the program running the controller. Charter Controls’ update will allow the running of trouble reports and also remote diagnostic analysis to facilitate repairs.

•             The current Meany motor control system designed by Stagecraft uses outdated software and Charter Controls has engineers familiar with this software and able to migrate the programming to a current software.

•             The current motor control system was updated in 2007 by Stagecraft Industries and functioned without fail until Summer 2021. The first failure was diagnosed by the retired engineer from Stagecraft. In May of 2022, the second failure occurred and we were informed by Stagecraft that all future control questions should go to Charter Controls.

•             Meany’s stage schedule is planned 1-2 years in advance and can fill 6 days/week from mid-September to mid-December and early January through mid-June.

•             Charter Controls requires 8-12 weeks lead time for the 10 days of installation and testing.  A new vendor would not be able to meet the timeline to be able to map out Meany’s current control system, identify obsolete parts and required upgrades, and install during the required July – August 2024 time period.

Summary: The Charter Controls’ plan maintains Meany’s busy schedule and utilizes the limited time available on the calendar to install replacement parts. Otherwise the University of Washington and specifically the College of Arts & Sciences would lose a vital campus resource since Meany will have to cancel rehearsals and performances for its Visiting Artist Series and academic departments again if the control system fails.

The contract will be issued ten (10) calendar days from March 29th, 2024.

Inquiries should be sent to to: Benjamin Cory, Senior Contracts Manager, bcory@uw.edu no later than 11:59pm PST on March 29th, 2024 along with a capability statement if a vendor/supplier believes that they can provide the goods and services under this sole source contract.

Contract:

                                                                                                      Feb 12, 2024

Quotation No. 2022245_V2

Meany Hall Stage System Replacement

Charter Controls is pleased to provide you with the following quotation. This quotation is based on our discussions. Please review the information below, and call me with any questions or comments.

System replacement price: $164,310.00

Estimated lead time: 8-12 weeks

Items

Included startup: 4 people, 10 days, lodging, travel, and expenses

Additional on-site startup if required, is billed at $1200/day plus expenses.

Additional remote startup or assistance if required (over phone or VPN) is billed at $150/hr.

NOTES

• Customer is responsible for conducting and documenting any safety risk assessment as may be required by applicable code or local ordnance and providing any such documents to CCI prior to purchase. Any change the proposed scope of work to be done by CCI to comply with any safety and/or risk issues not disclosed prior to time of purchase will be made at the customers expense.
• Electrical schematics and panel layout drawings by Charter Controls per customer design and approval
• UL 508A is not provided.
• PLC and operator interface program is included in quote per customer written description of operation. If none is provided, Charter Controls will interview customer, and write a description at an additional charge.
• Additional startup is not included in this quotation.
• FOB Vancouver, WA, quoted price does not include shipping and/or handling cost.
• Estimated lead-time above
• Payment terms 30% ARO, remaining balance net 30 days
• Quoted price is good for 30 days
• Quoted prices are in USD
• Panel price includes terminals, plotted terminal markers, heat shink wire markers, din rail, wireway
• See attached Warranty Statement and Terms and conditions