6.302-1
Only one responsible source and no other supplies or services will satisfy agency requirements
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.