Chapter 6 › X.C Noncompetitive Procurement

Can we hire a contractor without competitive bidding in an emergency?

FEMA term

Noncompetitive procurement; exigency or emergency

Short answer

Yes, but only under one of four circumstances, only for work tied to that circumstance, and only while it lasts. Start a competitive procurement right away and move to a competed contract as soon as the emergency or exigency ends.

What FEMA requires

A sole-source contract is allowed only when:

The item is available from only one source;
A public exigency or emergency won’t permit the delay of competition;
FEMA or the recipient authorizes it in writing at your request; or
Competition proved inadequate after soliciting several sources.

For large projects, document which circumstance applied, a description and expected amount, why competition wasn’t possible, how long the contract will be used, the steps you took to try to compete, and any conflicts of interest. Failing to plan the transition is not a reason to keep using a sole-source contract.

Documentation

A written justification covering each of the points above, prepared when the decision was made.

Watch out · Govstar practitioner advice

Emergency (immediate threats, such as clearing roads for rescue) and exigency (urgent but not life-threatening, such as reopening a school by September) are different. Name the one that applies and set an end date.

Govstar summarizes FEMA’s Public Assistance Program and Policy Guide in plain language and links to the official text. Govstar is independent and not affiliated with FEMA. This is general guidance, not legal advice.