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Can you give more direction on the non-competitive procurement?

EPA approves noncompetitive or sole-source procurement only under very specific circumstances according to 2 CFR 320(c):

  1. The aggregate amount of the procurement transaction does not exceed the micro-purchase threshold (see paragraph (a)(1) of 2 CRF 200.320(c));  
  2. The procurement transaction can only be fulfilled by a single source; 
  3. The public exigency or emergency for the requirement will not permit a delay resulting from providing public notice of a competitive solicitation;  
  4. the recipient or subrecipient requests in writing to use a noncompetitive procurement method, and the Federal agency or pass-through entity provides written approval; or 
  5. After soliciting several sources, competition is determined inadequate. 

Sole source may also be authorized pursuant to State and Tribal procurement policies, as provided in 2 CFR 200.317. If this is the case (aka, this is specifically allowed or preferred under state or Tribal law), please be sure to explain this in detail within your submitted application and provide documentation if possible.

Please note that an existing relationship or a history of prior work completed by a contractor or vendor does not justify the use of non-competitive procurement unless defined in the Tribe’s own procurement policies (See 2 CFR 200.317). Similarly, proximity of a contracting firm to an applicant’s organization is not sufficient reasoning. 

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Last updated on February 3, 2025
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