6.101 Policy
Source: FAR 6.101 on acquisition.gov
Full and open competition is the default requirement for federal contracts, and exceptions are only allowed under specific, limited circumstances.
Overview
FAR 6.101 establishes the fundamental policy that federal contracting officers must promote and ensure full and open competition when soliciting offers and awarding government contracts, as mandated by 10 U.S.C. 3201 and 41 U.S.C. 3301. The section emphasizes that, except for certain limited exceptions (detailed in FAR Subparts 6.2 and 6.3), competition is the default requirement for federal procurement. Contracting officers are directed to use the competitive procedures outlined in this subpart that are most appropriate for the specific contract action, balancing the need for competition with the efficient fulfillment of government requirements.
Key Rules
- Full and Open Competition Required
- Contracting officers must promote and provide for full and open competition in all government contract solicitations and awards, unless a specific exception applies.
- Use of Appropriate Competitive Procedures
- Officers must select the competitive procedures best suited to the contract's circumstances, ensuring efficiency and compliance with statutory requirements.
Responsibilities
- Contracting Officers: Must ensure solicitations and awards are conducted with full and open competition, using the most suitable competitive procedures, unless a valid exception applies.
- Contractors: Should expect most federal opportunities to be competed openly and prepare to participate in competitive processes.
- Agencies: Must oversee and support contracting officers in adhering to competition requirements and document any exceptions.
Practical Implications
- This policy underpins the federal procurement process, ensuring fairness, transparency, and value for taxpayers.
- Contractors benefit from increased opportunities, but must be prepared for competitive environments.
- Common pitfalls include misapplying exceptions or failing to justify limited competition, which can lead to protests or contract challenges.
(a) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3201&num=0&edition=prelim" target="_blank">10 U.S.C. 3201 and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3301&num=0&edition=prelim" target="_blank">41 U.S.C.3301 require, with certain limited exceptions (see subpart 6.2 and 6.3), that contracting officers shall promote and provide for full and open competition in soliciting offers and awarding Government contracts.
(b) Contracting officers shall provide for full and open competition through use of the competitive procedure(s) contained in this subpart that are best suited to the circumstances of the contract action and consistent with the need to fulfill the Government’s requirements efficiently ( https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3201&num=0&edition=prelim" target="_blank">10 U.S.C. 3201 and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3301&num=0&edition=prelim" target="_blank">41 U.S.C. 3301).