24.10.2 Proprietary/Sole Source Purchases

A proprietary or sole source purchase occurs when only one brand name (manufacturer), or only one provider, can meet the agency’s specifications for the product or service because of distinctive features or characteristics that are not shared or provided by competing companies, similar products, or comparable services. When the specification limits consideration to one product or supplier, the case file must contain a written and approved DARS1322, Proprietary Purchase Justification.

A proprietary or sole source purchase justification is required, if the above and one or more of the following, applies:

  • the planned purchase exceeds $5,000;
  • the planned purchase does not involve Maximum Affordable Payment Schedule;
  • the planned purchase not is for tuition; and
  • no contract is applicable.

In this case, use DARS1322, Proprietary Purchase Justification, for consumer or consumer-related purchases.

A Proprietary Purchase or Sole Source Transaction may not exceed $25,000 and this is not subject to area manager exception.