Requirements
Non-competitive contract actions require written justification, certification, and approval before proceeding, with stricter requirements for high-value sole-source 8(a) contracts.
Overview
FAR 6.303-1 outlines the requirements for justifying and approving contract actions that do not provide for full and open competition, such as sole source contracts or contracts resulting from unsolicited proposals. The regulation mandates that contracting officers must prepare a written justification, certify its accuracy, and obtain the necessary approvals before proceeding, except in specific urgent circumstances. For sole-source 8(a) contracts exceeding $30 million, additional justification, higher-level approval, and public disclosure are required. Technical and requirements personnel must provide accurate supporting data for these justifications. Justifications can be made on an individual or class basis, but class justifications require careful documentation to ensure each contract action falls within their scope. In urgent situations under 6.302-2, justifications may be completed after award if pre-award preparation would cause unreasonable delay.
Key Rules
- Written Justification and Approval
- Contracting officers must justify, certify, and obtain approval for non-competitive actions before negotiations or award, except in urgent cases.
- Sole-Source 8(a) Contracts > $30 Million
- Require written justification, higher-level approval, and post-award public disclosure.
- Supporting Data
- Technical and requirements personnel must provide and certify accurate data for justifications.
- Individual vs. Class Justifications
- Justifications may be individual or class-based, but class justifications require each contract action to be documented as within scope.
- Urgent and Compelling Circumstances
- Justifications for urgent acquisitions may be prepared after award if pre-award preparation would cause unreasonable delay.
Responsibilities
- Contracting Officers: Prepare, certify, and obtain approval for justifications; ensure compliance with class justification scope; document contract files.
- Contractors: Ensure proposals and supporting data are accurate and complete when supporting non-competitive actions.
- Agencies: Designate approval officials; ensure public disclosure for certain 8(a) contracts; oversee compliance with justification requirements.
Practical Implications
This section ensures transparency and accountability in non-competitive contracting by requiring thorough justification and approval processes. It impacts daily contracting by imposing strict documentation and approval steps, especially for high-value or sole-source contracts. Common pitfalls include inadequate justification, missing approvals, or failure to document class justification scope, which can delay or invalidate contract awards.