Section 46, The Public Procurement Act, 2004

(1) Public procurement by means of the sole-sourceprocurement method is permitted only in the following circumstances:– (a) when only one supplier has the exclusive right to realise manufacture of the goods, carry out the works, or perform the services to be procured and no suitable alternative is available; (b) for additional deliveries of goods by the original supplier which are intended either as parts replacement for existing goods, services or installations, or as the extension of existing goods, services or installations where a change of supplier would compel the procuring entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or services; Restricted Procedures for restricted Request for proposals. Request for quotations. Basic procedures for request for quotation. Sole-source. 40 41 (c) when additional works, which were not included in the initial contract have, through unforeseeable circumstances, become necessary and the separation of the additional works or services from the initial contract would be difficult for technical or economic reasons; (d) in cases of extreme urgency, provided the circumstances which gave rise to the urgency were neither foreseeable by the procuring entity nor the result of dilatory conduct on its part; (e) when the services require that a particular consultant be selected due to his unique qualifications, or when it is indispensable to continue with the same consultant. (2) Use of sole-source procurement on the grounds referred to in paragraphs (b), (c), (d), and (e) of section (1) is subject to prior approval by the procurement committee.