Subpart 6.3
Other Than Full and Open Competition
FAR Subpart 6.3 strictly limits and regulates the use of non-competitive contracting, requiring detailed justifications and approvals to ensure transparency and accountability.
Overview
FAR Subpart 6.3, "Other Than Full and Open Competition," outlines the policies, procedures, and requirements for federal agencies to award contracts without full and open competition. This subpart details the limited circumstances under which such exceptions are permitted, the necessary justifications, approval processes, and the public availability of those justifications. It ensures that any deviation from competitive procedures is properly documented, justified, and approved at the appropriate levels, maintaining transparency and accountability in government contracting.
Key Rules
- Scope (6.300)
- Defines the applicability of the subpart to all acquisitions using other than full and open competition.
- Policy (6.301)
- Establishes that full and open competition is the default, and exceptions are only allowed as specified.
- Permitted Circumstances (6.302)
- Lists specific situations (e.g., only one source, urgency, national security) where competition can be limited.
- Justifications (6.303)
- Requires written justifications for using other than full and open competition, detailing the rationale and facts.
- Approval of Justification (6.304)
- Specifies approval authority levels based on contract value and agency.
- Availability of Justification (6.305)
- Mandates public availability of justifications, with certain exceptions for classified or sensitive information.
Responsibilities
- Contracting Officers: Must ensure proper justification, obtain required approvals, and make documents available as required.
- Contractors: Should be aware of the justification process and may be required to provide supporting information.
- Agencies: Must oversee compliance, maintain records, and ensure transparency in the use of non-competitive procedures.
Practical Implications
- This subpart exists to prevent abuse of non-competitive contracting and to ensure exceptions are used only when justified.
- It impacts daily contracting by requiring thorough documentation and multi-level approvals for non-competitive awards.
- Common pitfalls include inadequate justifications, missing approvals, or failure to make documents publicly available as required.