A notarized sole source affidavit signed by the president or authorized company official must be on file from the manufacturer, developer or publisher of the product requested. Letters from distributors or sales representatives will not be accepted. Once an approved affidavit is on file, it will then be the determination by the Purchasing Department to waive the quotation or bid requirement.
The written statement justification is not a justification to purchase; it is a justification of the need for something that is unique about the product or service that precludes competition. It is important to note the price of a product is not acceptable justification for a soul source purchase. Because purchasing files are subject to the Open Records Act the use of soul source purchase is an overt act that must withstand critical scrutiny. The justification cannot be that competing products are not satisfactory. The fact that a particular item is covered by a patent or copyright is but one factor in determining if the purchase falls under the sole source exemption to the purchase requirements. TEC 44.031 (j)(1).