Circumstances permitting other than full and open competition
FAR 6.302 strictly limits noncompetitive contracting to seven statutory exceptions, each requiring thorough written justification and compliance with specific procedures.
Overview
FAR 6.302 outlines the specific statutory circumstances under which federal agencies may conduct procurements without full and open competition. This section identifies seven permissible exceptions, such as when only one responsible source exists, there is unusual and compelling urgency, industrial mobilization is required, international agreements apply, a statute authorizes it, national security is at stake, or the public interest demands it. Each exception has its own application and limitations, and agencies must provide proper justification for using these authorities as detailed in FAR 6.303. This regulation ensures that noncompetitive contracting is only used when absolutely necessary and with appropriate documentation and oversight.
Key Rules
- Permissible Exceptions to Competition
- Agencies may limit competition only under the seven statutory authorities listed in 6.302-1 through 6.302-7.
- Justification Requirement
- Every use of these exceptions must be supported by a written justification as required by FAR 6.303.
Responsibilities
- Contracting Officers: Must determine if one of the seven exceptions applies, prepare and obtain approval for the required justification, and ensure compliance with all limitations.
- Contractors: Should be aware that awards under these circumstances are rare and require special justification; may be asked to provide supporting information.
- Agencies: Must oversee the use of these authorities and ensure proper documentation and legal compliance.
Practical Implications
- This section exists to prevent abuse of noncompetitive contracting and to ensure transparency and accountability.
- It impacts daily contracting by requiring rigorous documentation and approval for any deviation from full and open competition.
- Common pitfalls include inadequate justification, misuse of exceptions, or failure to follow required procedures, which can result in protests or contract invalidation.