U.S. Department of Justice 

Office of Community Oriented Policing Services 

 Fact Sheet www.cops.usdoj.gov

Sole Source Justification 

What is “sole source” procurement? 

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 $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 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/service is available only from 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 impracticable. 

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 $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. 

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. 

The outline that follows may be helpful in preparing your 

agency’s sole source procurement request 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. 
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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 (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.	 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 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 above, 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 online
 

at www.cops.usdoj.gov.
 

November 2017