Skip to main content

Do additional rules apply when sole-sourcing during emergency and exigent circumstances?

Yes.  Sole-sourcing may be allowed for non-state entities during emergency or exigent circumstances, but they must still follow federal procurement regulations:

  1. Contracts must include the required contract clauses.
  2. Contract must include the federal bonding requirements if the contract is for construction or facility improvement.
  3. Contract must be awarded to a responsible contractor.
  4. Non-state applicant must complete a cost or price analysis to determine that the cost or price of the contract is fair and reasonable.
  5. Contract must not be a cost-plus-percentage-of-cost contract type.
  6. When using a time-and-materials contract, non-state applicants must comply with the applicable rules.
  7. Document any known conflicts of interest and any efforts that were made to identify possible conflicts of interest before the sole-sourced contract was awarded.

(Source: FEMA: An Exception to the Rules During Emergency or Exigent Circumstances)