A procurement action that does not meet the requirement for full and open competition, such as a sole source contracts, constitutes a violation of regulation and is unauthorized unless the award of a contract is infeasible under small purchase procedures, sealed bids or competitive proposals AND one of the following circumstances applies:

• The item is available only from a single source;

• The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

• FEMA authorizes noncompetitive proposals; or

• After solicitation of a number of sources, competition is determined inadequate.

If an applicant takes a noncompetitive procurement action, the applicant must complete a cost analysis and may be required to submit the proposed procurement to FEMA for pre-a ward review. 10

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