6.302-6 National security
Source: FAR 6.302-6 on acquisition.gov
FAR 6.302-6 permits limiting competition only when disclosure of requirements would compromise national security, but requires written justification and seeking as much competition as practicable.
Overview
FAR 6.302-6 allows agencies to limit competition in contracting when disclosing their needs would compromise national security. This exception to full and open competition is strictly limited to situations where revealing requirements would violate security protocols or otherwise endanger national interests. The regulation clarifies that this authority cannot be used solely because a contract is classified or involves access to classified information. Agencies must still seek competition to the maximum extent practicable and must document their justification and approval for using this exception, as outlined in FAR 6.303 and 6.304. Additionally, agencies must comply with synopsis requirements in FAR 5.202(a)(1).
(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)(6) or http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304(a)(6)&num=0&edition=prelim" target="_blank">41 U.S.C. 3304(a)(6).
(2) Full and open competition need not be provided for when the disclosure of the agency’s needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.
(b) Application. This authority may be used for any acquisition when disclosure of the Government’s needs would compromise the national security (e.g., would violate security requirements); it shall not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.
(c) Limitations.
(1) Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304.
(2) See 5.202(a)(1) for synopsis requirements.
(3) This statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances.