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 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 necessary information is included: 

Letterhead – The sole source request must be signed and submitted on 

grantee department letterhead, and 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 – A brief description of the project, the amount to be designated for 

the sole source procurement, and the purpose of the contract. 

Sole Source Justification

www.cops.usdoj.gov Fact Sheet

U.S. Department of Justice

Office of Community Oriented Policing Services

"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." 
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 three circumstances identified below applies to the procurement 

transaction. Include supporting information as identified below under the applicable section(s).

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.)

» 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. 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 

28 CFR Part 66 and 28 CFR Part 70. 

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

please contact your Grant Program Specialist or program point of contact at 800.421.6770.

Contact COPS

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.

May 2009

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