Policy
Contracts without full and open competition are only allowed under specific statutory exceptions, must be properly justified, and cannot be based on poor planning or funding concerns.
Overview
FAR 6.301 establishes the policy framework for awarding government contracts without full and open competition. It clarifies that such actions are only permissible under specific statutory authorities—10 U.S.C. 3204 for the Department of Defense, Coast Guard, and NASA, and 41 U.S.C. 3304 for other executive agencies. The section mandates that any contract awarded without full and open competition must cite the specific statutory authority justifying the exception. It also prohibits justifying limited competition due to lack of advance planning or concerns about expiring funds. Contracting officers are required to solicit offers from as many sources as practicable and to use appropriate contracting procedures as outlined in FAR 6.102 or other authorized methods.
Key Rules
- Statutory Authority Required
- Contracts without full and open competition must be justified under 10 U.S.C. 3204 or 41 U.S.C. 3304, depending on the agency.
- Citation of Authority
- Each contract must reference the specific statutory authority used for the exception.
- Prohibited Justifications
- Lack of advance planning or concerns about expiring funds cannot justify limiting competition.
- Solicitation Requirement
- Contracting officers must solicit offers from as many potential sources as practicable.
- Use of Prescribed Procedures
- Appropriate contracting procedures must be used as per FAR 6.102 or other authorized regulations.
Responsibilities
- Contracting Officers: Ensure statutory authority is cited, avoid prohibited justifications, solicit broadly, and use proper procedures.
- Contractors: Be aware that exceptions to competition must be properly justified and documented.
- Agencies: Oversee compliance with statutory and regulatory requirements for non-competitive awards.
Practical Implications
- This section ensures that non-competitive contracting is tightly controlled and only used when legally justified. Failure to comply can result in contract protests, legal challenges, or disciplinary action. Common pitfalls include inadequate documentation of authority or improper justification for limiting competition.