Full and Open Competition After Exclusion of Sources
FAR Subpart 6.2 enables agencies to promote small business and other policy objectives by allowing full and open competition after intentionally excluding certain sources through set-asides and alternative sourcing.
Overview
FAR Subpart 6.2, "Full and Open Competition After Exclusion of Sources," outlines the regulatory framework for conducting competitive procurements while intentionally excluding certain sources to achieve specific policy objectives. This subpart provides the basis for set-aside programs and other exclusions that promote small business participation, support alternative sources, and address special circumstances such as disasters. It details the policies and procedures for establishing set-asides for small businesses, 8(a) firms, HUBZone businesses, service-disabled veteran-owned small businesses (SDVOSB), economically disadvantaged women-owned small businesses (EDWOSB), women-owned small businesses (WOSB), and local firms during emergencies. The subpart ensures that, even when certain sources are excluded, the remaining competition is still considered "full and open" within the defined parameters, supporting both competition and public policy goals.
Key Rules
- Scope and Policy
- Defines when and how full and open competition can be achieved after excluding certain sources, in accordance with federal policy.
- Alternative Sources
- Allows for the establishment or maintenance of alternative sources to ensure supply chain resilience or meet other strategic needs.
- Set-Asides for Small Business Programs
- Details requirements and procedures for setting aside procurements for small businesses, 8(a) participants, HUBZone, SDVOSB, EDWOSB, WOSB, and local firms during disasters.
Responsibilities
- Contracting Officers: Must determine when exclusions are appropriate, document the rationale, and ensure compliance with set-aside and competition requirements.
- Contractors: Must qualify for and comply with the requirements of the applicable set-aside or program.
- Agencies: Oversee implementation, ensure proper documentation, and monitor compliance with competition and set-aside policies.
Practical Implications
- This subpart enables agencies to meet socioeconomic goals while maintaining competitive procurement processes.
- Contractors must understand eligibility and documentation requirements for various set-aside programs.
- Common pitfalls include inadequate justification for exclusions, improper documentation, or failure to follow set-aside procedures.