6.302-7 Public interest
Source: FAR 6.302-7 on acquisition.gov
The public interest exception to full and open competition is a rarely used, tightly controlled authority requiring agency head approval and Congressional notification.
Overview
FAR 6.302-7 outlines the circumstances under which an agency may forego full and open competition in contracting when it is determined to be in the public interest. This authority is highly restricted and may only be used when none of the other exceptions in FAR 6.302 apply. The decision must be made by the head of the agency (such as the Secretary of Defense or the Administrator of NASA) and cannot be delegated. A written determination and finding (D&F) is required, and Congress must be notified in writing at least 30 days before the contract award. The determination cannot be made on a class basis and may require a supporting justification from the contracting officer if requested by the agency head.
Key Rules
- Public Interest Exception
- Full and open competition may be bypassed only if the agency head determines it is not in the public interest for a specific acquisition.
- Non-Delegable Authority
- Only the agency head can make this determination; it cannot be delegated to others.
- Written Determination and Congressional Notification
- A written D&F is required, and Congress must be notified at least 30 days before contract award.
- No Class Determinations
- The exception cannot be applied to a class of acquisitions; each must be considered individually.
Responsibilities
- Contracting Officers: May need to prepare a justification if required by the agency head.
- Contractors: Must be aware that contracts awarded under this authority are rare and subject to heightened scrutiny.
- Agencies: Must ensure proper authority, documentation, and Congressional notification.
Practical Implications
- This exception is rarely used and subject to strict oversight to prevent abuse.
- Contractors should expect significant justification and transparency requirements.
- Failure to comply with notification or documentation requirements can result in delays or legal challenges.
(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)(7) or http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304(a)(7)&num=0&edition=prelim" target="_blank">41 U.S.C. 3304(a)(7).
(2) Full and open competition need not be provided for when the agency head determines that it is not in the public interest in the particular acquisition concerned.
(b) Application. This authority may be used when none of the other authorities in 6.302 apply.
(c) Limitations.
(1) A written determination to use this authority shall be made in accordance with subpart 1.7, by-
(i) The Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of Homeland Security for the Coast Guard, or the Administrator of the National Aeronautics and Space Administration; or
(ii) The head of any other executive agency. This authority may not be delegated.
(2) The Congress shall be notified in writing of such determination not less than 30 days before award of the contract.
(3) If required by the head of the agency, the contracting officer shall prepare a justification to support the determination under paragraph (c)(1) of this subsection.
(4) This Determination and Finding (D&F) shall not be made on a class basis.