U.S. Department of Justice Office of Community Oriented Policing Services
www.cops.usdoj.gov Fact Sheet
Sole Source Justification
What is “sole source” procurement?
Sole source or procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source. Sole source procurements must adhere to the standards set forth in 2 C.F.R. § 200.320(f ) in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101.
When is sole source approval required by the COPS Office?
A recipient must request written approval from the COPS Office for sole source procurements in excess of $150,000 prior to purchasing equipment, technology, or services; obligating funding for a contract; or entering into a contract with award funds. For the purchase of equipment, technology, or services under a COPS Office award, recipients must use their own documented procurement procedures that reflect applicable state and local laws and regulations, as long as those requirements conform to the federal procurement standards set forth in 2 C.F.R. § 200.318. A sole source justification request should be submitted if a recipient determines that the award of a contract through a competitive process is infeasible. Recipients may conduct noncompetitive proposals (or “sole source” procurement) by procurement through solicitation from only one source when one or more of the following circumstances apply:
• The item/service is available only from one source.
• The public exigency or emergency for the require- ment will not permit a delay resulting from competi- tive solicitation.
• The COPS Office authorizes noncompetitive proposals in response to a written request from the recipient.
• Competition is determined inadequate after solici- tation of a number of sources.
Sole source procurement should be used only when use of competitive solicitation procedures like sealed bids or competitive proposals are not applicable to the requirements or is impracticable.
What documentation must be submitted to the COPS Office for sole source approval?
Requests for sole source procurements of equipment, technology, or services in excess of $150,000 must be submitted to the COPS Office in writing certifying that the award of the contract through full and open competition is infeasible.
The outline below may be helpful in preparing your agency’s sole source request and ensuring that all of the
An award recipient must request written approval from the COPS Office for sole source procurements
in excess of $150,000 prior to purchasing equipment, technology, or services; obligating
funding for a contract; or entering into a contract with award funds.
necessary information is included.
The sole source request must be signed and submitted on the recipient’s department letterhead and must include the agency’s ORI number and the award number for which the approval is being sought.
2 Sole Source Justification
The request should also include the following information:
• Section I. A brief description of the project, the amount to be designated for the sole source procurement, and the purpose of the contract
• Section II. (a) An explanation as to why it is necessary to contract in a noncompetitive manner and (b) Which one (or more) of the four circumstances identified below applies to the procurement transaction (include supporting information as identified below under the applicable section(s)):
1. If the item or service is available only from one source, please include the following:
— Uniqueness of items or services to be procured from the proposed contractor or vendor (compatibility, patent issues, etc.)
— How the agency determined that the item or service is only available from one source (e.g., market survey results, independent agency research, patented or proprietary system, etc.)
— Explanation of need for contractor’s expertise linked to the current project (e.g., knowledge of project management, responsiveness, experience of contractor personnel, prior work on earlier phases of project)
— Any additional information that would support the case
2. If the public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation, please include the following:
— When the contractual coverage is required by your department and why
— Impact on project if deadline/dates are not met
— How long it would take an alternate contractor to reach the same required level of competence (equate to dollar amounts, if desired)
— Any additional information that would support the case
3. The COPS Office authorizes noncompetitive proposals in response to a written request from the recipient.
4. If competition is determined inadequate after solicitation of a number of sources, please include the following:
— Results of a market survey to determine competition availability; if no survey is conducted, please explain why not
— Any additional information that would support the case
• Section III. A declaration that this action/choice is in the best interest of the agency
Failure to provide all of the necessary information will delay the processing of your request. Your agency will be contacted if any of the identified information is missing or if additional supporting information is required. If the COPS Office determines that the request does not meet the standards set forth above, the request will be denied.
Please be advised that conflicts of interest are prohibited under the procurement standards set forth in 2 C.F.R. § 200.318(c). In addition, program funds should not be awarded to any party that is debarred or suspended from participation in federal assistance programs.
If you have any questions regarding the federal requirements that guide procurement procedures, please contact your Grant Program Specialist or Program Manager at 800-421-6770.
Contact the COPS Office
For more information about COPS Office programs and resources, please call the COPS Office Response Center at 800-421-6770 or visit the COPS Office online at www.cops.usdoj.gov.
September 2016
