Sole-source notices and how to challenge one

Federal buyers must compete most contracts. In some cases they may award to one company without competition. FAR Part 6 lists the reasons, such as only one company being able to meet the need, an unusual and urgent need, or certain small business programs.

Before such an award, buyers often post a notice of intent to sole source. Many people skip these notices because a company is already named. Do not skip one if the work is yours.

Why a sole-source notice is an opening

When a buyer says only one source can meet its need, the current FAR requires the notice to say that responsible sources may submit a capability statement, proposal or quotation, and that the agency will consider it. Agencies that use the newer FAR overhaul text word this differently, but the buyer still considers what responsible companies send.

If you show you can meet the need, the buyer may decide to compete the work. It may even set it aside for small businesses.

Check fit first

Respond only when:

• The work is your core work, not a stretch.
• You can meet each need the notice lists, or show a clear way to.
• You can answer before the deadline. These windows are often short.

Some sole-source awards follow a program's own rules, such as an 8(a) sole-source award to one 8(a) firm. A capability response may not change those, so read the notice closely.

How to respond

1. Read the whole notice. Note what the buyer says it needs, in order, and what it asks you to send.
2. Mirror their needs, in their order. For each need, say how you would meet it and give proof: a similar job, a credential, a tool, or the people who would do it.
3. Keep it short. Two pages is usually enough. Follow any format the notice gives.
4. Make a clear request. Ask the buyer to compete the requirement. If you are a small business under the notice's NAICS code, ask it to consider a small business set-aside.
5. Send it to the named contact before the deadline, in the buyer's time zone, and ask them to confirm receipt.

Stay factual and polite. Do not call the buy unfair. The buyer knows its needs, and your job is to show it another real option.

What happens next

The buyer reviews the responses. It may compete the work, which means a solicitation will post, or it may go ahead with the named company. Either way, the buyer now knows who you are and what you do.

If you believe a rule was broken, that is a legal question. Protest deadlines are short, and a protest costs money and affects relationships. Talk to an attorney first. Victavio never files or recommends protests.

Justifications after the fact

Some notices, called justifications, explain a sole-source decision after the award. It is usually too late to respond to them, but they show who buys what from whom. Use them for research.

In Victavio

Victavio never hides sole-source notices. Notices that show an intent to sole source appear in the "Challenge it" lane with the response deadline in the buyer's time zone and yours, and a capability response template you can copy and edit.