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Procurement Management

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Sole Source – Prove to be one

Manufacturers and their representatives from one side and state authorities from the other are always looking for a possibility not to have to enter the complicated process of open tender, but instead, to sign direct agreements on products or services delivery. Direct procurement of the product or service from one (sole) manufacturer or its representative is called Sole Source procurement. Wishing to apply Sole Source type of procurement, both manufacturers (representatives) and state authorities face one obstacle: proof that the particular product or service being provided is only one possible to secure operational tasks of the authority. The ability to prove this is critical on the way to direct agreement. 

Sole Source – Procurement Management

Directive 2014/24/EU of the European parliament and of the Council of 26 February 2014 on Public procurement and repealing Directive 2004/18/EC Art. 32 part 2b (ii and iii) and 3b allows state agencies to buy directly products and services without applying for the open tender procedure.
Art. 32 part 2b, II - competition is absent for technical reasons;
Art. 32 part 2b, III - the protection of exclusive rights, including intellectual property rights;
Art. 32 part 3b - for additional deliveries by the original supplier which are intended either as a partial replacement of supplies or installations or as the extension of existing supplies or installations where a change of supplier would oblige the contracting authority to acquire supplies having different technical characteristics which would result in incompatibility or disproportionate technical difficulties in operation and maintenance.

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