Sole Source

This method of procurement is used when there is only one source.

Determination For UseThere is only one source for the good, service or construction; and either:
  • Approved for Sole Source by Procurement Policy Board (HAR Section 3-122-81(j)); or
  • Approved in writing by the chief procurement officer.
Basis for AwardApproved single source at agreed upon price.
Brief Description of ProcedureProcurement officer determines a procurement may qualify as sole source. Procurement officer checks the current list of procurements approved by the Procurement Policy Board as Sole Source per Chapter 3-122 Procurements Approved for Sole Source.If not on the list, a form SPO-001 Notice and Request for Sole Source Procurement is completed including justification, signed and submitted by the head of the purchasing agency to the chief procurement officer.The chief procurement officer posts the notice, reviews the request and posts the approval/disapproval on the SPO website. The CPO will not issue any action to approve until 7 days after posting of the notice, to allow time for objections.
Awards are posted on the Awards reporting site by the department within 7 days of award.
Monetary CapIn accordance with the approved sole source and contract. Awards over $100,000 require cost or pricing data (HAR Section 3-122-123)
Term Limit of Contract1 year
Public Notice of SolicitationChief procurement officer posts the notice of sole source for a minimum of 7 days before approval action by chief procurement officer.
Public Notice of AwardRequired. Awards of $2,500 and greater must be posted to Awards Reporting Website (Executive Branch) within 7 days of award.
ProtestsInquiries or objections shall be submitted in writing as stated in the Notice of Sole Source.
  • Protest of an award: shall be submitted in writing within 5 working days of posting of award. (HAR Section 3-126-4)
  • Stay of Procurement: Once filed, no further action shall be taken on the procurement until the protest has been settled. (HAR Section 3-126-5)

(Reference: HRS Section 103D-701)
PreferencesPreferences do not apply.
Electronic Procurement SystemNot used for this method of procurement at this time.

Statutes & Rules

Hawaii Revised Statutes (HRS) Chapter 103D (Table of contents) (Links to sections)

Hawaii Administrative Rules (HAR) Chapter 3-122, Subchapter 9 Sole Source Procurement

  • All Chapters
    • 3-120  General Provisions
    • 3-121  Procurement Organization
    • 3-122  Source Selection and Contract Formation
    • 3-123  Cost Principles
    • 3-125  Modifications and Terminations of Contracts
    • 3-126  Legal and Contractual Remedies
    • 3-128  Governmental Relations and Cooperative Purchasing
    • 3-131  Compliance
    • 3-132  Value Engineering Incentives in Construction Contracts

Reference