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, or after solicitation 

of a number of sources, competition is determined inadequate. Sole 

source procurements must adhere to the standards set forth in the Uniform 

Administrative Requirements, 28 CFR § 66.36 or 28 CFR § 70 (as applicable).

When is sole source approval required by the COPS Office?

A grant recipient must request written approval from the COPS Office for sole 

source procurements in excess of $100,000 prior to purchasing equipment, 

technology or services, obligating funding for a contract, or entering into 

a contract with grant funds. For the purchase of equipment, technology or 

services under a COPS grant award, grant recipients must follow their own 

policies and procedures on procurement as long as those requirements conform 

to the federal procurement requirements set forth in 28 CFR § 66.36 and 

28 CFR § 70 (as applicable). A sole source justification request should be 

submitted if a grant recipient determines that the award of a contract through 

a competitive process is infeasible, and if one or more of the following 

circumstances apply: 

1. The item/service is available only from one source; 

2. The public exigency or emergency for the requirement will not permit 

a delay resulting from competitive solicitation; or 

3. Competition is determined inadequate after solicitation of a number 

of sources.

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 $100,000 must be submitted to the COPS Office in writing, 

confirming that the award of the contract through full and open competition is 

infeasible. Please note that a justification must be submitted for each vendor 

providing goods or services in excess of $100,000.

To ensure that all of the necessary information is included and submitted to 

the COPS Office, the following checklist can be used when preparing your 

agency’s sole source request: 

 Letterhead – The sole source request must be signed by an authorized 

representative and submitted on grantee department letterhead, and must 

include the agency ORI and the grant number for which the approval is 

being sought. The request should also include the following information:

 Section I. Description of Project – A brief description of the project, 

the amount to be designated for the sole source procurement, and the 

purpose of the contract. 

www.cops.usdoj.gov Fact Sheet

“A grant recipient must request 

written approval from the COPS 

Office for sole source procurements 

in excess of $100,000 prior to 

purchasing equipment, technology 

or services, obligating funding for a 

contract, or entering into a contract 

with grant funds.”

U.S. Department of Justice

Office of Community Oriented Policing Services
 Section II. Reason for Request

1. An explanation as to why full and open competition is infeasible (e.g., why it is necessary to 

contract in a noncompetitive manner) and 

2. Which one (or more) of the three required categories identified below applies to the requested 

sole source procurement transaction(s). 

[ ] The item/service is available only from one source;

[ ] The public exigency or emergency for the requirement will not permit a delay resulting 

from competitive solicitation; and/or

[ ] Competition is determined inadequate after solicitation of a number of sources.

 Section III. Supporting Documentation – The information below should support the 

applicable category(ies) identified in Section II. 

1. If the item/service is available only from one source, please include the following:

» Uniqueness of items/services to be procured from the proposed contractor or vendor 

(compatibility, patent issues, etc.); 

» How the agency determined that the item/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, etc.); and/or

» 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:

» Explanation of the specific public emergency;

» Impact on project if deadline/dates are not met;

» When the contractual coverage is required by your department and why; and/or 

» Any additional information that would support the case. 

3. 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; and/or

» Any additional information that would support the case.

 Section IV. Best Interest Statement – A statement declaring 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 documentation 

is required. The COPS Office will notify your agency in writing after completion of the review. 

Please be advised that conflicts of interest are prohibited under the procurement standards set forth in 

28 CFR § 66 and 28 CFR § 70. 

Contact COPS

If you have any questions regarding the federal requirements that guide procurement procedures, 

please contact your COPS Grant Program Specialist or program point of contact.

For more information about COPS Office programs and resources, please call the COPS Office 

Response Center at 800.421.6770, or visit COPS Online at www.cops.usdoj.gov.

June 2010

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