6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements
Source: FAR 6.302-1 on acquisition.gov
FAR 6.302-1 allows agencies to use noncompetitive awards only when a single responsible source can meet requirements, but demands strict justification, approval, and public notice to ensure transparency and prevent misuse.
Overview
FAR 6.302-1 authorizes agencies to limit competition and award contracts without full and open competition when only one responsible source can meet the agency’s requirements. This exception applies when unique supplies, services, or capabilities are available from a single source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of sources. The regulation outlines specific scenarios, such as follow-on contracts, proprietary data, or brand-name justifications, where this authority may be used. It also details the documentation, justification, and approval requirements necessary to support such awards, emphasizing that this authority should not be used if other exceptions apply.
Key Rules
- Single Source Justification
- Agencies may bypass full and open competition if only one responsible source can fulfill the requirement, including unique unsolicited research proposals or follow-on contracts where switching vendors would cause substantial cost duplication or unacceptable delays.
- Brand-Name Acquisitions
- Use of brand-name or manufacturer-specific descriptions must be justified and approved, with the justification posted with the solicitation. Only the portion of the acquisition requiring the brand-name must be justified.
- Written Justification and Approval
- All contracts awarded under this authority require written justification and approval per FAR 6.303 and 6.304, and must be supported by public notice and consideration of any responses.
Responsibilities
- Contracting Officers: Must ensure proper justification, approval, and public notice for single-source awards; must document the rationale and comply with posting requirements for brand-name justifications.
- Contractors: Should be prepared to demonstrate unique capabilities or proprietary rights if seeking sole-source awards; must respond to notices if interested.
- Agencies: Must oversee compliance with justification, approval, and public notice requirements, and ensure that this authority is not misused.
Practical Implications
- This section exists to allow agencies to meet mission needs when only one source can provide required supplies or services, but it imposes strict documentation and transparency requirements to prevent abuse. Contractors seeking sole-source awards must clearly demonstrate their unique qualifications. Common pitfalls include inadequate justification, failure to post required notices, or misapplying the authority when other exceptions are more appropriate.
(a) Authority.
(1) Citations: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim" target="_blank">10 U.S.C. 3204(a)(1) or http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304(a)(1)&num=0&edition=prelim" target="_blank">41 U.S.C. 3304(a)(1).
(2) When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.
(i) Supplies or services may be considered to be available from only one source if the source has submitted an unsolicited research proposal that-
(A) Demonstrates a unique and innovative concept (see definition at 2.101), or, demonstrates a unique capability of the source to provide the particular research services proposed;
(B) Offers a concept or services not otherwise available to the Government; and
(C) Does not resemble the substance of a pending competitive acquisition. (See https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim" target="_blank">10 U.S.C. 3204(b)(A) and 41 U.S.C. 3304(b)(1).)
(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in-
(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or
(B) Unacceptable delays in fulfilling the agency’s requirements. (See https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim" target="_blank">10 U.S.C. 3204(b)(B) or 41 U.S.C. 3304(b)(2).)
(iii) For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in-
(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or
(B) Unacceptable delays in fulfilling the agency’s requirements. (See https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim" target="_blank">10 U.S.C. 3204(b)(B)).
(b) Application. This authority shall be used, if appropriate, in preference to the authority in 6.302-7; it shall not be used when any of the other circumstances is applicable. Use of this authority may be appropriate in situations such as the following (these examples are not intended to be all inclusive and do not constitute authority in and of themselves):
(1) When there is a reasonable basis to conclude that the agency’s minimum needs can only be satisfied by-
(i) Unique supplies or services available from only one source or only one supplier with unique capabilities; or
(ii) For DoD, NASA, and the Coast Guard, unique supplies or services available from only one or a limited number of sources or from only one or a limited number of suppliers with unique capabilities.
(2) The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source (however, the mere existence of such rights or circumstances does not in and of itself justify the use of these authorities) (see part 27).
(3) When acquiring utility services (see 41.101), circumstances may dictate that only one supplier can furnish the service (see 41.202); or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system.
(4) When the agency head has determined in accordance with the agency’s standardization program that only specified makes and models of technical equipment and parts will satisfy the agency’s needs for additional units or replacement items, and only one source is available.
(c) Application for brand-name descriptions.
(1) An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer-
(i) Does not provide for full and open competition, regardless of the number of sources solicited; and
(ii) Shall be justified and approved in accordance with 6.303 and 6.304.
(A) If only a portion of the acquisition is for a brand-name product or item peculiar to one manufacturer, the justification and approval is to cover only the portion of the acquisition which is brand-name or peculiar to one manufacturer. The justification should state it is covering only the portion of the acquisition which is brand-name or peculiar to one manufacturer, and the approval level requirements will then only apply to that portion;
(B) The justification should indicate that the use of such descriptions in the acquisition or portion of an acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company; and
(C) The justification shall be posted with the solicitation (see 5.102(a)(6)).
(2) Brand-name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand-name, provide for full and open competition and do not require justifications and approvals to support their use.
(d) Limitations.
(1) Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304.
(2) For contracts awarded using this authority, the notices required by 5.201 shall have been published and any bids, proposals, quotations, or capability statements must have been considered.