Oct 22, 2015

Are Sole Source Specifications Enforceable?

Authored by: Darren Rowles and Scott Cahalan A sole source specification restricts a bidder to providing materials, equipment, or labor, from one source.  For example, a specification that requires the contractor to furnish a 1200 ton Trane CenTraVac® chiller would preclude furnishing any other make or model of chiller. Sole source requirements are enforceable on private projects where the parties are free to contract with whomever and for whatever they want, so long as their contract is lawful and does not violate public policy.  But sole source requirements can conflict with the policy behind public procurement laws that require competitive… Read more