(a) General. Sole source procurements of commodities and technical services are those procurements which, by virtue of the performance specification, are available from a single source. Brand name preferences or merely aesthetic design specifications are not sufficient justification for sole source awards. Such procurements may include but are not limited to:

(b) Approval. Request for approval shall be made in writing and shall include in the justification:

(c) Procurements under this section must be approved in advance by the head of a state agency having an agency procurement official or the State Procurement Director for all other state agencies, or a designee of either officer above the level of agency procurement official.

(d) Sole Source Procurements of Professional and Consultant Services. The procurement from a single source, as it relates to professional and consultant service contracts, should only be used when all other methods of contracting are clearly not applicable. The agency chief fiscal officer or equivalent or director, division director or deputy director of an agency, college or university may authorize the use of sole source purchases.

(e) Sole Source Justification. Sole source professional and consultant service contracts, except for those exempt by law, must be accompanied by written justification and be approved by the Director of the Office of State Procurement. The justification must clearly demonstrate that to contract otherwise would not be in the best interests of the state. The justification must fully address:

(f) Sole Source By Law. The procurement of professional and consultant services from a specific provider that results from a mandate issued by the court systems or state or federal law.