The Government may issue a Sole Source Award when there is only one company or organization that can satisfy the agency’s needs. DoD, NASA, and the Coast Guard have more leeway and may issue a Sole Source Award if there are a limited number of potential sources. However, in order to issue these Sole Source Awards, these are the requirements in summary that must be met:
- It may not resemble either a pending nor upcoming solicitation
- It is anticipated that additional competition would not save the Government money.
- If the bid was not a Sole Source, there would be unacceptable delays.
One of the following must be met:
- There is only one responsible source to obtain the services/supplies.
- Unusual or compelling urgency; This cannot be due to the Government’s lack of planning.
- Industrial Mobilization; engineering, developmental, or research capability, or expert services;
- International Agreement;
- Required by statute (e.g. utilities);
- National Security; or
- Public Interest
There must be an explanation as to which of the above reasons is pertinent.
There must be a description of efforts that the Government has made to solicit as many sources as possible.
Depending on the value of the award, different approvals are required.
With a few exceptions, the justification should be made publicly available 14 days after contract award and must remain available for a minimum of 30 days on www.fedbizopps.com.