Southern Africa Development Community Secretariat – Procurement and Grants Policy
Article 25. Single Source procedure
(1)
This is an exceptional non-competitive procurement method that can only be used under the
following conditions, irrespective of the estimated value of the contract:
a)
where, for reasons of exceptional circumstances that the Procuring Entity could not have
foreseen and that can in no way be attributed to them, the time limits for the competitive
procedures cannot be met. The circumstances invoked to justify extreme urgency shall in
no way be attributable to the any department or staff of The Procuring Entity. For purposes
of this clause, exceptional circumstances situations shall be one of the following
situations:i) Where there is likely to be injury or loss of life;
ii) Where there is likely to be damage to property; or
iii) Where there is a situation arising from “Force Majeure”.
b)
where, for technical reasons, or reasons involving the protection of exclusive
rights/proprietary goods, services, the contract can be awarded only to a particular
economic operator;
c)
where, pursuant to Article 46, existing contracts are amended for:
(i) complementary services not included in the main contract but which, due to
unforeseen circumstances, have become necessary to perform the contract, provided
that the complementary services are technically and economically inseparable from
the main contract, without bringing serious inconveniences for the Procuring Entity
additional services consisting of the repetition of similar services entrusted to the
contractor furnishing the services under the initial contract, provided that a
procurement notice has been published for the initial contract and that the possibility
of using the negotiated procedure for further services for the project as well as the
estimated cost, were clearly indicated in the Bidding Documents or the Terms of
Reference for the initial contract.
(ii) additional deliveries by the original contractor intended either as a partial replacement
of normal goods or installations or as the extension of existing contracts for goods or
works, where a change of contractor would oblige the Procuring Entity to acquire
equipment having different technical characteristics which would result in either
incompatibility or disproportionate technical difficulties in operation and
maintenance.
(iii) additional works not included in the initial contract which due to unforeseen
circumstances, became necessary for carrying out the works described therein and
have been awarded to the contractor already carrying out the work: a) where such
works cannot be technically or economically separated from the main contract
without serious inconvenience to the beneficiary; and b) where such works, although
separable from the performance of the original contract, are strictly necessary to its
completion.
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