Part 6
Competition Requirements
FAR Part 6 mandates full and open competition in federal contracting, with specific procedures and justifications required for any exceptions.
Overview
FAR Part 6 establishes the fundamental requirements and procedures for ensuring competition in federal contracting. It outlines the policies and rules governing when and how agencies must provide for full and open competition, as well as the specific circumstances under which competition may be limited or excluded. The part is organized into subparts that address full and open competition, competition after exclusion of sources, exceptions to competition, sealed bidding and competitive proposals, and the roles of competition advocates. The purpose is to maximize competition, ensure transparency, and promote fair access to government contracts, while allowing for justified exceptions when necessary.
Key Rules
- Full and Open Competition (Subpart 6.1)
- Agencies must use competitive procedures to the maximum extent practicable, ensuring all responsible sources have a fair opportunity to compete.
- Exclusion of Sources (Subpart 6.2)
- Allows for set-asides and other exclusions to promote small business participation and meet specific statutory or programmatic goals.
- Other Than Full and Open Competition (Subpart 6.3)
- Details the limited circumstances where competition can be restricted, such as urgency, only one source, or national security, and requires written justifications and approvals.
- Sealed Bidding and Competitive Proposals (Subpart 6.4)
- Describes the two primary competitive procurement methods and when each is appropriate.
- Advocates for Competition (Subpart 6.5)
- Establishes roles responsible for promoting competition and challenging unnecessary restrictions.
Responsibilities
- Contracting Officers: Must ensure compliance with competition requirements, document justifications for exceptions, and promote fair access.
- Contractors: Should be aware of competition policies, eligibility for set-asides, and requirements for participating in competitive procurements.
- Agencies: Must oversee adherence to competition policies, appoint competition advocates, and maintain transparency in procurement decisions.
Practical Implications
- FAR Part 6 is central to ensuring fairness and value in federal procurement.
- It impacts how solicitations are structured, who can compete, and under what circumstances exceptions are allowed.
- Common pitfalls include inadequate justification for sole source awards and failure to properly document set-aside decisions.