GUIDANCE FOR SOLE SOURCE JUSTIFICATION

The applicable IA contracting authority retains approval authority for any sole source request submittal. BPC case Requesting Authorities are encouraged to include the following elements in their Justification and Approval (J&A) if requesting the only one available source:

1. Description of the required defense articles or services, to include brand name.

2. A brief description of intended use or application. What is the requirement? (See FAR 6.303-2).

3. A brief description of how the BPC Program would be impacted if the defense articles or services are not furnished.

4. The critical or unique features that are mandatory and limit the availability of the article or service to a single source. The necessity for these features should be clearly indicated. Minimum essential requirements must be stated (See FAR 6.303-2). The following examples may apply:

   1. The material or service must be compatible in all aspects (form, fit, and function) with existing systems presently installed. Describe the equipment presently in use within the Benefitting Country, and how the new item/service must coordinate, connect, or interface with the existing system.

   2. A patent, copyright, or proprietary data limits competition. Describe the proprietary data.

   These are “direct replacement” parts/components for existing equipment. For such follow-on procurements, provide estimate of Government cost to duplicate the capability. (See FAR 6.303-2(a)(9)(ii))

5. A statement that no other known product possesses one or a combination of all the required critical features. This statement should elaborate on the steps taken which led to the conclusion that only a particular source or product can meet the requirement. (i.e., market survey, investigation of sources) (See FAR 6.303-2).

6. Determination that anticipated cost will be fair and reasonable.

7. Provide any other information that would justify an exception to full and open competition.