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No Above €50K over the full term of the contract

If the value of your requirement is above €50,000 (ex VAT) then your requirement must be tendered for (except on very rare occasions when there is only one supplier that can meet your requirement).

If you have only one supplier available you must enter into a Sole Supplier process.

Sole Supplier Status

On certain exceptional occassions there may only be a single (sole) supplier of a particular product or service with no alternative supplier available on the market. Sometimes these products or services are required from a specific supplier to ensure compatibility with existing goods or servicing arrangements. In such rare and exceptional circumstances, the Sole Supplier process should be followed.

In such exceptional cases the responsibility lies with the budget holder to justify why normal procurement rules are not being followed by completing a Sole Supplier Justification form and submitting to the Procurement Office for review and approval.

Where it is necessary to deal with a sole supplier, arrangements which provide best value for money should always be negotiated. It should be noted that open-ended arrangements with exclusive distributors should be avoided where possible.

Proprietary brand preferences do not represent justification for sole supplier where more than one potential supplier for the required item or service exists.

In certain cases, a market research exercise may be carried out to substantiate the sole supplier justification before approval is granted.

It should be noted that open-ended arrangements with exclusive distributors should be avoided where possible.

Sole Supplier Process

In advance of the purchase for requirements of ≥€5,000 (ex VAT) you must follow the below process.

  1. The requestor must complete a Sole Supplier Justification Form providing full details of what he/she is proposing to purchase and indicating the reasons to justify why a competitive procurement process is not being followed.
  2. The requestor must support their claim by providing proof of market research and when possible obtaining independent documentary evidence to confirm sole source e.g. statement from the manufacturer confirming that the item is sole source and not manufactured by any other supplier worldwide.
  3. If the requirement is recurring, approval may be sought for up to a max of 3 years.   Budget holders must ensure approval is renewed as required.
  4. Systems maintenance and support (software or hardware) may fall under this category where it is required to be purchased from the original vendor for technical reasons. These should initially be considered as a multi-year application up to a max of 3 years.  After this time an Expression of Interest (EOI) process should be undertaken on the eTenders platform to establish that there is still only one supplier in the market.
  5. The requestor must seek appropriate approval depending on the value of spend. In all cases, a relevant Budget Holder must sign the Sole Supplier Form. The completed form, together with supporting documentation, should be submitted to the Procurement Office.
  6. The application is reviewed by the Procurement Office.
  7. If deemed necessary, the Procurement Office may publish an Expression of Interest for approximately 2 weeks on www.etenders.gov.ie to ascertain the extent of the market for the required goods/service.
  8. If the application/Expression of Interest is deemed to have sufficiently demonstrated that sole source is applicable, the Procurement office approves the application.   A signed copy of the approved form is returned by email to the requestor to be uploaded on Agresso with the relevant requisition.
  9. The Budget Holder must ensure that he/she complies with TUS Procurement & Tendering Guidelines in completing the purchase from the single supplier.
  10. If the application/Expression of Interest has determined that there is more than one provider of the goods/service, then the application for Sole Source is rejected, the reasons of the rejection will be included on the form together with other actions required (if relevant) and returned to the requestor.

 

 

You should complete a Procurement Approval Form and submit it to the Procurement Office to review the form and arrange for relevant signatures.