6.102 Use of competitive procedures
Source: FAR 6.102 on acquisition.gov
FAR 6.102 defines the acceptable competitive procedures to ensure full and open competition in federal contracting, guiding contracting officers in selecting the appropriate method for each procurement.
Overview
FAR 6.102 outlines the acceptable competitive procedures that agencies must use to fulfill the requirement for full and open competition in federal contracting. The section specifies that sealed bidding, competitive proposals, combinations of competitive procedures, and certain other methods (such as architect-engineer selection, broad agency announcements for research, and use of GSA multiple award schedules) all qualify as competitive procedures. The regulation directs contracting officers to select the most appropriate method based on the nature of the procurement and provides references to other FAR sections for detailed procedures.
Key Rules
- Sealed Bids
- Use when appropriate as the primary competitive procedure (see FAR 6.401(a)).
- Competitive Proposals
- Use when sealed bidding is not suitable; may include other competitive methods (see FAR 6.401(b)).
- Combination of Competitive Procedures
- Permits use of hybrid approaches, such as two-step sealed bidding, when sealed bids alone are not appropriate.
- Other Competitive Procedures
- Includes architect-engineer selection (per 40 U.S.C. 1102 and FAR 36.6), broad agency announcements for research, and GSA multiple award schedules.
Responsibilities
- Contracting Officers: Must select and document the appropriate competitive procedure, ensuring compliance with referenced FAR sections and statutes.
- Contractors: Must respond according to the solicitation method used (sealed bid, proposal, etc.) and understand the implications of each procedure.
- Agencies: Must ensure full and open competition is achieved using one of the approved procedures and maintain records of the process.
Practical Implications
- This section ensures transparency and fairness in federal procurement by mandating competitive procedures.
- Contractors should be familiar with each method to tailor their responses and maximize competitiveness.
- Misapplication of procedures can lead to protests or procurement delays.
The competitive procedures available for use in fulfilling the requirement for full and open competition are as follows:
(a) Sealed bids. (See 6.401(a).)
(b) Competitive proposals. (See 6.401(b).) If sealed bids are not appropriate under paragraph (a) of this section, contracting officers shall request competitive proposals or use the other competitive procedures under paragraph (c) or (d) of this section.
(c) Combination of competitive procedures. If sealed bids are not appropriate, contracting officers may use any combination of competitive procedures (e.g., two-step sealed bidding).
(d) Other competitive procedures.
(1) Selection of sources for architect-engineer contracts in accordance with the provisions of http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1102&num=0&edition=prelim" target="_blank">40 U.S.C. 1102 et seq. is a competitive procedure (see subpart 36.6 for procedures).
(2) Competitive selection of basic and applied research and that part of development not related to the development of a specific system or hardware procurement is a competitive procedure if award results from-
(i) A broad agency announcement that is general in nature identifying areas of research interest, including criteria for selecting proposals, and soliciting the participation of all offerors capable of satisfying the Government’s needs; and
(ii) A peer or scientific review.
(3) Use of multiple award schedules issued under the procedures established by the Administrator of General Services consistent with the requirement of http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section152(3)(A)&num=0&edition=prelim" target="_blank">41 U.S.C. 152(3)(A) for the multiple award schedule program of the General Services Administration is a competitive procedure.