6.303
Justifications
FAR 6.303 requires agencies to prepare detailed written justifications for contracts awarded without full and open competition, ensuring transparency and proper approval.
Overview
FAR 6.303 outlines the requirements and content for justifications when an agency awards a contract without full and open competition. This section ensures that agencies document the rationale for using other than full and open competition, providing transparency and accountability in the procurement process. It specifies when justifications are required and what information must be included to support the decision.
Key Rules
- Justification Requirement
- Agencies must prepare a written justification for contracts awarded without full and open competition, except in limited circumstances (e.g., urgent situations or statutory exceptions).
- Content of Justification
- The justification must include specific information such as the facts and rationale for the action, a description of the supplies or services, the authority cited, and a determination that the action is in the government's best interest.
Responsibilities
- Contracting Officers: Must ensure justifications are prepared, reviewed, and approved at the appropriate level before contract award.
- Contractors: Should be aware that their selection under these circumstances will be documented and justified.
- Agencies: Must maintain records of justifications and make them available for public inspection as required.
Practical Implications
- This section exists to prevent misuse of noncompetitive awards and to promote transparency.
- It impacts daily contracting by requiring thorough documentation and approvals before proceeding with noncompetitive actions.
- Common pitfalls include incomplete justifications, missing required content, or failing to obtain proper approvals, which can delay or invalidate contract awards.