Sole Source procurements are accomplished through solicitation or acceptance of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. A contract amendment or change order that is not within the scope of the original contract is considered a sole source procurement that must comply with this subparagraph.

  1. Procurement by noncompetitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and at least one of the following circumstances applies:

    1. The item is available only from a single source;
    2. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
    3. FTA authorizes noncompetitive negotiations;
    4. After solicitation of a number of sources, competition determined inadequate; or
    5. The item is an associated capital maintenance item as defined in 49 U.S.C. §5307(a)(1) that is procured directly from the original manufacturer or supplier of the item to be replaced. The grantee must first certify in writing to FTA: (i) that such manufacturer or
      supplier is the only source for such item; and (ii) that the price of such item is no higher than the price paid for such item by like customers.
  2. A cost analysis, i.e., verifying the proposed cost data, the projections of the data, and the evaluation of the specific elements of costs and profit, is required.