6.201
Policy
Even when certain sources are excluded, acquisitions under Subpart 6.2 must use competitive procedures as prescribed in FAR 6.102.
Overview
FAR 6.201 establishes the policy that all acquisitions conducted under Subpart 6.2 (Full and Open Competition After Exclusion of Sources) must utilize the competitive procedures outlined in FAR 6.102. This means that even when certain sources are excluded from competition (such as for set-asides or other statutory reasons), the remaining eligible sources must still be selected through a competitive process. The intent is to ensure that, to the maximum extent possible, government acquisitions promote competition and fairness, even when some sources are excluded for legitimate reasons.
Key Rules
- Mandatory Use of Competitive Procedures
- All acquisitions under Subpart 6.2 must follow the competitive procedures described in FAR 6.102.
- Applicability to Exclusion of Sources
- The policy applies even when certain sources are excluded from competition, ensuring remaining sources compete fairly.
Responsibilities
- Contracting Officers: Must ensure that competitive procedures are used for all acquisitions under Subpart 6.2, referencing FAR 6.102 for the appropriate methods.
- Contractors: Should be aware that opportunities under this subpart will be competed among eligible sources, not awarded noncompetitively.
- Agencies: Must oversee and enforce the use of competitive procedures, even when exclusions apply.
Practical Implications
- This policy ensures that competition is maintained to the greatest extent possible, even when some sources are excluded (e.g., set-asides for small businesses).
- Contracting professionals must not default to sole-source or noncompetitive awards under this subpart; they must use competitive methods among the eligible pool.
- Common pitfalls include misunderstanding when exclusions allow for noncompetitive awards—this section clarifies that competition is still required among eligible sources.