6.302-3
Industrial mobilization; engineering, developmental, or research capability; or expert services
FAR 6.302-3 permits limiting competition for contracts when necessary for industrial mobilization, essential research capabilities, or expert services, but requires thorough written justification and approval.
Overview
FAR 6.302-3 allows agencies to limit competition and award contracts to specific sources when necessary for industrial mobilization, maintaining essential engineering or research capabilities, or acquiring expert services for litigation or dispute resolution. This exception to full and open competition is tightly controlled and must be justified in writing, ensuring that such awards are only made when critical national interests or essential capabilities are at stake.
Key Rules
- Industrial Mobilization
- Contracts may be awarded to specific sources to maintain or create industrial capacity, keep vital suppliers in business, or ensure readiness for national emergencies.
- Engineering, Developmental, or Research Capability
- Agencies may contract with educational, nonprofit, or federally funded research centers to establish or maintain essential scientific or technical capabilities.
- Expert or Neutral Services
- Contracts may be awarded to experts or neutrals for litigation or dispute resolution, including alternative dispute resolution processes.
- Written Justification Required
- All contracts awarded under this authority must be supported by written justifications and approvals as specified in FAR 6.303 and 6.304.
Responsibilities
- Contracting Officers: Must determine necessity, document justification, and obtain required approvals before limiting competition under this authority.
- Contractors: Should be prepared to demonstrate unique capabilities or expertise relevant to industrial mobilization, research, or expert services.
- Agencies: Must ensure compliance with justification and approval requirements and maintain records for audit and oversight.
Practical Implications
- This section exists to protect national security, maintain critical capabilities, and ensure expert support in legal matters.
- It impacts contracting by allowing exceptions to competition, but only with strong justification and oversight.
- Common pitfalls include inadequate documentation, misuse of the authority, or failure to obtain proper approvals, which can lead to protests or contract challenges.