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Sole Source Justification

In some rare instances your requirement can only be procured from one source. If this is the case, the customer must submit a justification letter requesting the sole source procurement. It must meet one of the following criteria:

An unsolicited research proposal that --
  • Demonstrates a unique and innovative concept, or demonstrates a unique capability of the source to provide the particular research services proposed;
  • Offers a concept or services not otherwise available to the Government; and,
  • Does not resemble the substance of a pending competitive acquisition.
  • Substantial duplication of cost to the Government that is not expected to be recovered through competition, or
  • Unacceptable delays in fulfilling the agency’s requirements.
When there is a reasonable basis to conclude that the agency’s minimum needs can only be satisfied by unique supplies or services available from only one source or only one supplier with unique capabilities.
The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source (however, the mere existence of such rights or circumstances does not in and of itself justify the use of these authorities)
When acquiring utility services, circumstances may dictate that only one supplier can furnish the service; or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system.
When the agency head has determined in accordance with the agency’s standardization program that only specified makes and models of technical equipment and parts will satisfy the agency’s needs for additional units or replacement items, and only one source is available.
 
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