Page 10 - The EDGE Fall 2022

PROCUREMENT

BY BILL MUNCH, CPPO, CPPB
Software Purchases: Are They Truly Sole Source?

Bill Munch

The weather has finally broken in Arizona and can maintain what is most often a copyrighted
Summer Heat has turned into Fall Heaven. This program. You would need to document that “no
is why we all live in Arizona and especially the reasonable alternative exists.”
Valley of the Sun. Well, for me, I live in Phoenix
because I am from Chicago! Original software purchases need to follow the
requirements based on the procurement thresholds
Once again, since some of this article will include unless the software falls under the statutory
my professional procurement philosophies, I definition of "Textbook." Then the Textbook
am going to take the liberty of paraphrasing the adoption process in the statute would apply.
Barkman Doctrine: “The following does NOT
constitute legal advice but merely best practice ARS 15-721 and 15-722 says:
recommendations from an old but certified public "H. For the purposes of this section, "textbook"
procurement official.” means printed instructional materials or digital
content, or both, and related printed or nonprinted
“The short answer is – original instructional materials, that are written and

software purchases are not sole published primarily for use in school instruction
and that are required by a state educational agency
source.” or a local educational agency for use by pupils

in the classroom, including materials that require
When it comes to software purchases, many of the availability of electronic equipment in order
them are covered by cooperative contracts. Most to be used as a learning resource."
notably, the Value Added Reseller on the Arizona
State Contract. But, what about those purchases Keep in mind that if the software IS a "textbook,"
that are NOT covered under a cooperative then a textbook adoption would be the procurement
contract? Do we have to bid them or are they sole process. If using federal funds, textbook adoption
source? Oh, my gosh, I get these questions about is NOT allowed – so this advice does NOT apply
once a week during the year so let’s briefly try to to procurement using federal dollars.
tackle it here.
I hope this brief glimpse into software purchases
The short answer is – original software purchases will shed some light on the never-ending fun that
are not sole source. A valid procurement other is school district procurement. Keep the questions
than sole source would be needed for the initial coming. I relish the challenge and – trust me –
purchase of the software. However, continuing a it is getting more and more challenging all the
license based on a previous procurement would time. I encourage you to email night or day
most likely be sole source as no other company
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10 THE EDGE FALL 2022