Q STATE AGENCIES ONLY: If a state agency has complied with Section 25-9-120(3)(j)(ii) and obtained a “binding, valid court order” finding a particular entity to be the sole source provider for a contract, must the agency also comply with Section 25-9-120(3)(j)(iii) through (iv)?

A No. Sections 25-9-120(3)(j)(iii) through (iv) provide for an agency “alleging to have a sole source” for a personal service to provide notice and an opportunity for challenges, to be resolved by the Personal Service Contract Review Board (PSCRB). If the agency has obtained the appropriate court order in compliance with subsection (j)(ii), there is no need to comply with (iii) and (iv). (Attorney General’s Opinion to Wright, October 23, 2015)