Guide

Sole source and emergency procurement

Public agencies can buy without competition in narrow, documented circumstances: a sole source purchase, where only one supplier can meet a legitimate need, and an emergency procurement, where a threat to health, safety, or essential operations makes normal timelines impossible. Both require written justification, and both are audited. You cannot ask an agency to declare a sole source, but you can be the supplier whose capability the justification honestly describes.

What qualifies as sole source

The test is whether a genuine need can be met by only one supplier — not whether staff prefer one. Typical qualifying grounds are proprietary technology with no functional equivalent, compatibility with an installed system where mixing suppliers would void a warranty or break integration, a required original equipment manufacturer part or service, or a unique qualification that no other firm holds.

The justification is a written document naming the need, why alternatives were considered and rejected, how the price was determined to be fair, and who approved it. In most jurisdictions it becomes public record, and it is one of the first things a protesting competitor requests.

Emergency procurement is narrower than it sounds

An emergency means an immediate threat to public health, safety, welfare, or the continuity of essential services — a water main failure, storm damage, a building system down, a security incident. Poor planning does not qualify, and auditors say so regularly.

Emergency awards are usually limited in scope and duration to what the emergency requires, followed by a competitive procurement for the ongoing work. Being the firm that performs the emergency response well puts you in a strong position for that follow-on bid, but it does not award it to you.

How to be positioned legitimately

Position comes from being known and pre-qualified before anything happens. Agencies call the firms already on their vendor list, already holding a term or on-call contract, and already understood by the department manager.

On-call and indefinite-delivery contracts are the honest version of this. Agencies competitively award a pool of firms for a term, then issue task orders as needs arise, including urgent ones. Getting into that pool is a normal competitive process you can plan for.

  • Get on the vendor and bidders lists in your geography before you need them.
  • Pursue on-call, term, and job order contracts — they convert future urgency into your work.
  • Document your unique capabilities factually so any justification an agency writes is defensible.
  • Keep insurance, bonding, and licensing current; emergency awards move too fast to fix paperwork.

The follow-on contract is the real prize

Sole source and emergency awards are frequently short. What matters more is the competitive contract that follows: the permanent repair, the system-wide rollout, the multi-year service agreement.

That follow-on shows up in the public record first, in a budget amendment or a board item authorizing the larger project. Watching for it is how a one-time response becomes a recurring account.

Last reviewed August 2026

How Hank automates this

Hank reads board minutes, budget amendments, and contract registers across the agencies you serve, which is where emergency authorizations and their follow-on projects surface first. It flags the ones that fit your service lines and names the staff contacts to reach.

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What is Hank?

Hank helps companies find, pursue, and win construction and services work — public and private. On the public side, Hank reads more than 50,000 sources nationwide: active solicitations plus the budgets, board records, capital plans, grants, awards, forecasts, and expiring contracts that reveal work earlier. On the private side, Hank adds more than 2,500 new commercial projects every month, researched and confirmed by people and updated daily as each job moves from pre-design through planning, design, permitting, bidding, and construction. Hank matches both records to your services, territory, and project size; reads a published bid in 1–3 minutes; names the agency, owner, developer, general contractor, and architect contacts to call; answers pursuit questions; and, where enabled, assembles an editable proposal draft from your approved company knowledge. Your team gets 6–7 hours back each week and keeps every signal, source, contact, document, conversation, and pursuit in one connected record.