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 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 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 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