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As required by the Federal Acquisition Regulations, a sole source justification is required for each procurement where supplies or services are procured without competition (i.e. an identified source is requested).
Contract requests which specify a product or service specific to one provider must be accompanied by a written sole source justification. This justification must show that no other company has a product or person that can satisfy the minimum needs of the requestor.
A market survey accompanies the sole source justification. The market survey determines price reasonableness. Two other vendors must be contracted to determine price for the requested service. The vendors should be in the same line of business as the suggested source for the contract. Prime vendors previously used by NPS are also a good source for the market survey as they often have labor rates available for a variety of services.
It is the responsibility of the requestor to provide the sole source justification and it is the contracting officer's responsibility to determine whether or not the justification is adequate.
A sole source justification includes:
- A brief description of the intended use or application
- The critical or unique features that are mandatory in the intended use or application that limit their availability to a single source.
- A statement that no other known product possesses one or a combination of all the required critical features.
- The existence of patent, copyright or limiting features.
- Discussion of why the government does not have specifications for this procurement, and whether the agency could remove or overcome any barriers to competition before subsequent acquisitions (may not be applicable).
- A market survey of at least two other vendors who provide the same or similar goods or services.
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