U.S. Department of Justice

Office of Community Oriented Policing Services

www.cops.usdoj.gov

March 2019 

 Fact Sheet

Sole Source Justification 

What is “sole source” justification? 

Sole source procurement 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 $250,000 

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 

An award recipient must request written 


approval from the COPS Office for sole source 


procurements in excess of $250,000 prior 


to purchasing equipment, technology, or 


services; obligating funding for a contract; or 


entering into a contract with award funds.
 

standards set forth in 2 C.F.R. § 200.318. A sole source 

justification should be submitted to the COPS Office 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 or service is available from only one source. 

The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation. 

The COPS Office authorizes noncompetitive proposals 

in response to a written request from the recipient. 

Competition is determined inadequate after solicitation 

of a number of sources. 

Sole source procurement should be used only when competitive solicitation procedures like sealed bids or competitive proposals are not applicable to the requirements or 

are impractical. 

What documentation must be submitted 

to the COPS Office for approval of a sole 

source procurement? 

Requests for sole source procurements of equipment, technology, or services in excess of $250,000 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 that follows may be helpful in preparing your 

agency’s sole source procurement request (which should 

include your sole source justification) and ensuring that all 

of the necessary information is included. 

The sole source procurement 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 approval is being sought. 
Sole Source Justification

March 2019

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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 here applies 

to the procurement transaction (include supporting information as identified under the applicable section(s)). 

1. The item or service is available from only 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 available from only one source (market survey 

results, independent agency research, patented or 

proprietary system, etc.) 

− Explanation of need for contractor’s expertise linked 

to the current project (knowledge of project management, responsiveness, experience of contractor 

personnel, prior work on earlier phases of project, etc.) 

− Any additional information that would support 

the case 

2.	 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 deadlines or 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.	 Competition is determined to be 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 budget breakdown for the subcontract 

(see the Award Owner’s Manual for budget requirements) 

Section IV. A declaration that this action or 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 here, the request will be denied. 

Please be advised that conflicts of interest are prohibited 

under the federal 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 website at www.cops.usdoj.gov.