Requirements
Contracting officers must justify, certify, and obtain approval for any non-competitive contract action, with stricter requirements for large 8(a) sole-source awards.
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 8(a) sole-source contracts exceeding $25 million, additional steps include public disclosure of the justification. Technical and requirements personnel must provide accurate supporting data, and justifications can be made on an individual or class basis, with specific documentation requirements for each contract action. 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 Certification
- Contracting officers must justify and certify the need for non-competitive actions in writing and obtain required approvals before proceeding.
- 8(a) Sole-Source Contracts > $25 Million
- Additional justification, higher-level approval, and public disclosure are required for large 8(a) sole-source awards.
- Supporting Data from Technical Personnel
- Technical staff must provide and certify accurate data to support non-competitive recommendations.
- Individual or Class Justifications
- Justifications can be for individual contracts or a class of actions, but each contract must be documented as within scope.
- Post-Award Justification for Urgent Needs
- For urgent acquisitions under 6.302-2, justifications may be completed after award if necessary.
Responsibilities
- Contracting Officers: Prepare, certify, and obtain approval for justifications; ensure compliance with class justification scope; document contract files.
- Contractors: Provide accurate supporting data when recommending non-competitive actions.
- Agencies: Approve justifications at the appropriate level; ensure public disclosure for certain 8(a) contracts.
Practical Implications
This section ensures transparency and accountability in non-competitive contracting actions, requiring thorough documentation and oversight. Failure to comply can result in delays, protests, or contract invalidation. Contractors and technical staff must be diligent in providing accurate data and following required procedures to avoid compliance issues.