SOLE SOURCE PURCHASES (13-1-126 NMSA, 1978)
Sole source purchases are defined as purchases for which there is only one known source for the required service, construction or item of tangible personal property regardless of the estimated cost. A land grant-merced can utilize a sole source purchase if the requirements are met:
1. The land grant-merced conducts a good-faith review of available sources, which finds that there is only one source for the required items of tangible personal property, construction or services. The land grant-merced should be completely sure that that there are no competitive sources available to be solicited. A written determination that there is only one source to procure from should be completed and filed with other procurement documents.
2. The land grant-merced must conduct negotiations, as appropriate, regarding the price, delivery and quantity for any and all sole source purchases so as to obtain the most advantageous price for the land grant-merced.
The land grant-merced must record the contractor’s name and address; amount and term of the contract; listing of the services, construction, or items of tangible personal property procured under the sole source contract. As well the land grant-merced must document the justification for the sole source purchase with any written approval and/or determination. A sample sole source determination form can be found by clicking here. This documentation should be kept for a minimum of three (3) years in accordance w13-1-128 NMSA 1978.
