Sole Source Protest Letter
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FREE Sole Source Protest Letter Template
Use the templates and samples provided in your FREE RFP Letters Toolkit to create your own sole source protest letter, and any other letter or document related to a solicitation and selection process based on a:
Request for Proposals (RFP),
Invitation for Bids (IFB),
Invitation to Bid (ITB), or
Invitation to Tender (ITT).
What is a Sole Source Protest Letter?
Sole Source Protest Letter Definition
In the sole source solicitation and selection context, a sole source protest letter is sent by a prospective provider who is aggrieved in connection with the sole source solicitation process and resulting award of the contract to another provider, and would like to file a protest.
As defined by the Federal Acquisition Regulation (FAR) in § 33.101 called Protests, Disputes, and Appeals:
"Protest" means a written objection by an interested party to any of the following:
A solicitation or other request by an agency for offers for a contract for the procurement of property or services.
The cancellation of the solicitation or other request.
An award or proposed award of the contract.
A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.
Sole Source Protest Letter Grounds & Guidelines
The sole source protest letter must be specific, factual, substantiated, and timely. To be deemed so, the protest has to follow strict rules. Faulting to comply with such rules, the sole source protest letter will be dismissed for lack of specificity should it fail to articulate any ground to show that the awarded organization is not eligible for award. Indeed, a protest merely asserting that the protested concern is not valid, without setting forth specific facts or allegations, is insufficient, and protest will automatically be dismissed.
As defined by the Federal Acquisition Regulation (FAR) in § 33.103(d) called Protests to the Agency, procedures are established to resolve a sole source protest effectively, to build confidence in the Government’s acquisition system, and to reduce protests outside of the agency.
To identify what kind of facts are deemed valid, thus acceptable grounds for your sole source protest letter, you might read "How to protest against Sole Source Solicitation"
How to write the sole source protest letter
Use the templates and samples provided in your FREE RFP Letters Toolkit to create your own sole source protest letter, and any other letter or document related to a solicitation and selection process.
Writing your Sole Source Protest Letter
So, to properly and successfully file a protest against a solicitation process or procurement method based only on sole source, you should write a sole source solicitation protest letter articulating your claim as follows.
It is highly recommended to read the recommendations below in order to properly and successfully use the Sole Source protest letter template.
Use a formal letterhead; do not handwrite the sole source protest letter. Use templates and samples provided in your FREE RFP Letters Toolkit to create your own sole source protest letter.
First, specify the action or decision being protested, namely, the sole source contract. Describe how you, as a prospective provider, are affected by this action or decision.
Next, prove that the solicitation and selection process is clearly erroneous, arbitrary, or contrary to (a) the process defined in the solicitation document; (b) basic, generally accepted procurement policies, defined (for instance) in the Federal Acquisition Regulation (FAR) document setting forth basic policies and procedures for proper acquisition by all federal agencies; or even (c) law.
Above all, the first valid (and thus acceptable) reason of your protest should be that your organization is also a capable, eligible, well-known, official, or competitive provider of the sole-sourced goods or services, challenging the justification that the awarded provider is the sole provider of considered goods or services.
Unless you give substance to your protest by a preponderance of evidence, your claim will be considered as a mere groundless allegation, and will thus be dismissed.
Finally, close the letter formally (with "sincerely" or a similar polite expression). Sign your name and title. Be sure to provide complete contact and reference information for future correspondence.
Send the sole source protest letter via certified or registered mail.
Use templates and samples provided in your FREE RFP Letters Toolkit to create your own sole source protest letter.
Since sometimes things are more complicated than usual, remember to consult a lawyer before doing anything.
Tips, templates, and samples of a professional sole source protest letter
WANT TEMPLATES AND SAMPLES
OF A SOLE SOURCE PROTEST LETTER?
Learn tips on how to write a professional, very impressive, and bullet-proof sole source protest letters in our FREE Request for Proposal Letters Toolkit.
You will find in it, amongst others, templates and samples of a Request for Proposal sole source protest letter.
"Tips for writing the sole source protest letter are invaluable"