5.406
Public disclosure of justification documents for certain contract actions
FAR 5.406 requires public posting of justification documents for certain non-competitive contract actions to ensure transparency and compliance with federal procurement regulations.
Overview
FAR 5.406 outlines the requirements for public disclosure of justification documents when certain contract actions are taken without full and open competition. The section mandates that justifications and approvals (J&As) for exceptions to competition must be posted publicly, referencing specific FAR sections for different contract types and thresholds. This ensures transparency and accountability in government contracting, particularly for actions exceeding the simplified acquisition threshold or those involving limited-source justifications and task/delivery orders without fair opportunity.
Key Rules
- Justifications for Other Than Full and Open Competition
- Must be posted publicly as specified in FAR 6.305.
- Limited-Source Justifications for FSS Orders/BPAs
- For orders or BPAs over the simplified acquisition threshold (excluding brand name justifications), posting must follow FAR 8.405-6(a)(2).
- Justifications for Task/Delivery Orders Without Fair Opportunity
- For orders over the simplified acquisition threshold, posting must comply with FAR 16.505(b)(2)(ii)(D).
Responsibilities
- Contracting Officers: Ensure timely and proper public posting of required justification documents per the referenced FAR sections.
- Contractors: Be aware that justifications for certain contract awards will be made public, impacting transparency and potential protests.
- Agencies: Oversee compliance with posting requirements and maintain records of public disclosures.
Practical Implications
- This section promotes transparency in government procurement by requiring public access to justification documents for non-competitive actions.
- Failure to comply can result in protests, delays, or findings of improper contracting practices.
- Contractors should understand when their contract actions may be subject to public disclosure and prepare accordingly.