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Sole Source Acquisition: A Comprehensive Guide to Its Legal Definition
Definition & Meaning
Sole source acquisition refers to a procurement process where a government agency enters into a contract with only one supplier for goods or services. This typically occurs when the agency determines that there is only one qualified source available to meet its needs, making it unnecessary to solicit bids from multiple vendors.
Table of content
Legal Use & context
This term is primarily used in the context of government contracting and procurement law. Sole source acquisitions are common in various areas, including defense contracting, healthcare services, and specialized equipment procurement. Agencies may utilize legal templates from US Legal Forms to navigate the sole source acquisition process effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A government agency needs a specific type of medical equipment that is only manufactured by one company. The agency conducts a sole source acquisition to procure this equipment.
Example 2: A federal department requires specialized software that only one vendor can provide due to proprietary technology. The agency enters into a sole source contract with that vendor. (hypothetical example)
Relevant laws & statutes
Key regulations governing sole source acquisitions include:
48 CFR Part 6 - Competition Requirements
48 CFR 2.101 - Definitions related to federal acquisitions
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Requires additional justification and public notice for sole source contracts over a certain amount.
Texas
Allows for sole source acquisitions under specific conditions, often requiring a competitive analysis.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Sole Source Acquisition
A contract awarded to one supplier without competitive bidding.
Used when only one source is available.
Competitive Bidding
A procurement process where multiple suppliers submit proposals.
Involves competition among multiple suppliers.
Emergency Procurement
A process used to quickly acquire goods or services in urgent situations.
Focuses on urgency rather than supplier exclusivity.
Common misunderstandings
What to do if this term applies to you
If you are involved in a sole source acquisition, ensure you clearly document the reasons for this approach. Consider using US Legal Forms to access templates that can help you draft necessary documents. If the situation is complex, consulting with a legal professional may be advisable.
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Jurisdiction: Federal and state government agencies.
Possible penalties: Contract disputes or legal challenges if not properly justified.
Key takeaways
Frequently asked questions
A sole source acquisition is a contract awarded to one supplier without competitive bidding, based on the determination that only one source can meet the agency's needs.
Agencies must provide justification, document their decision, and comply with federal regulations.
Yes, if stakeholders believe the process was not justified, they can challenge the acquisition.