U.S.
Department
of
Justice
Office of Justice Programs
Fact Sheet
Sole Source Justification
What is “sole source” procurement?
Procurement by noncompetitive proposals, referred
to as sole source procurement, 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(c) 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. To help determine
when a sole source procurement may be used, see
OJP’s
Sole Source Review Checklist.
When is the sole source approval required by OJP
All sole source procurements require adequate
written justification that meets the criteria listed
below and documentary support in the
procurement file to be allowable.
A recipient must also request and receive written
approval from OJP
prior to
purchasing equipment,
technology, or services; obligating funding for a
contract; or entering into a contract with award
funds related to sole source procurements in excess
of the simplified acquisition threshold, as
determined by 2 C.F.R. Part 200 (currently
$250,000). For the purchase of equipment,
technology, or services under an OJP award – to
include but not limited to noncompetitive (‘sole
source’) procurements, recipients must use their
own documented procurement procedures that
reflect applicable state and/or 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 only be submitted if a recipient determines
that the award of a contract through a competitive
process is infeasible.
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.
Recipients may conduct noncompetitive
(
“
sole
sour
ce
”
)
procurement through solicitation of proposals 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.
• Competition is determined inadequate after
solicitation of a number of sources.
What documentation must be submitted to OJP for
sole source approval?
An award recipient must initiate a
Sole Source
Approval
Grant Award Modification (GAM) in the
Department of Justice (DOJ) Justice Grants System
(JustGrants) to request approval to enter into a
noncompetitive contractual relationship with a
contractor under a Federal award, where the
contracted cost exceeds the Simplified Acquisition
Threshold (currently $250,000).
To assist in OJP’s review, include a copy of the
completed Sole Source Review Checklist with the
GAM submission along with the written justification.
The outline below may be helpful in preparing your
agency
’
s
sole source request and ensuring that all
the
necessary information is included. The request
should include the following information:
Section I. A brief description of the project, the
amount to be designated for the sole source
procurement, the purpose of the contract and
an itemized budget for the contract amount.
www.ojp.gov
