6.301 Policy
Source: FAR 6.301 on acquisition.gov
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.
(a) http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim" target="_blank">41 U.S.C.3304 and https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim" target="_blank">10 U.S.C. 3204 each authorize, under certain conditions, contracting without providing for full and open competition. The Department of Defense, Coast Guard, and National Aeronautics and Space Administration are subject to “ https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim" target="_blank">10 U.S.C. 3204. Other executive agencies are subject to http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim" target="_blank">41 U.S.C. 3304. Contracting without providing for full and open competition or full and open competition after exclusion of sources is a violation of statute, unless permitted by one of the exceptions in 6.302.
(b) Each contract awarded without providing for full and open competition shall contain a reference to the specific authority under which it was so awarded. Contracting officers shall use the U.S. Code citation applicable to their agency. (See 6.302.)
(c) Contracting without providing for full and open competition shall not be justified on the basis of-
(1) A lack of advance planning by the requiring activity; or
(2) Concerns related to the amount of funds available (e.g., funds will expire) to the agency or activity for the acquisition of supplies or services.
(d) When not providing for full and open competition, the contracting officer shall solicit offers from as many potential sources as is practicable under the circumstances.
(e) For contracts under this subpart, the contracting officer shall use the contracting procedures prescribed in 6.102(a) or (b), if appropriate, or any other procedures authorized by this regulation.