6.303-2 Content
Source: FAR 6.303-2 on acquisition.gov
Every justification for other than full and open competition must include specific, certified information to ensure transparency and compliance, with additional requirements for sole-source 8(a) contracts over $30 million.
Overview
FAR 6.303-2 details the required content for justifications supporting the use of other than full and open competition in federal contracting. The regulation specifies the minimum information that must be included in every justification, ensuring transparency and accountability when agencies limit competition. It also outlines additional requirements for sole-source 8(a) contracts exceeding $30 million. The section emphasizes the need for factual support, rationale, and certifications from both contracting and technical personnel to validate the justification.
Key Rules
- Minimum Content for Justifications
- Every justification must include agency identification, a description of the acquisition, statutory authority, rationale for limiting competition, market research, cost reasonableness, and efforts to solicit offers from multiple sources.
- Additional Requirements for Sole-Source 8(a) Contracts Over $30 Million
- Justifications for these contracts must address agency needs, statutory authority, best interest determination, cost reasonableness, and any other agency-specified matters.
- Certification Requirements
- Contracting officers and technical/requirements personnel must certify the accuracy and completeness of the justification and supporting data.
Responsibilities
- Contracting Officers: Prepare, certify, and ensure all required elements are included in the justification; determine cost reasonableness; coordinate with technical personnel for supporting data.
- Contractors: Provide information as requested to support the justification process.
- Agencies: Oversee compliance, specify additional requirements for large sole-source 8(a) contracts, and ensure proper documentation and certification.
Practical Implications
This section ensures that any deviation from full and open competition is well-documented and justified, reducing the risk of improper sole-source or limited-competition awards. Failure to include all required elements or obtain proper certifications can delay or invalidate contract actions. Common pitfalls include incomplete market research documentation, missing certifications, or insufficient rationale for limiting competition.
(a) Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited.
(b) As a minimum, each justification, except those for sole-source 8(a) contracts over $30 million (see paragraph (d) of this section), shall include the following information:
(1) Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition."
(2) Nature and/or description of the action being approved.
(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value).
(4) An identification of the statutory authority permitting other than full and open competition.
(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.
(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.
(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.
(8) A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.
(9) Any other facts supporting the use of other than full and open competition, such as:
(i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.
(ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.
(iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.
(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.
(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.
(12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.
(c) Each justification shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.
(d) As a minimum, each justification for a sole-source 8(a) contract over $30 million shall include the following information:
(1) A description of the needs of the agency concerned for the matters covered by the contract.
(2) A specification of the statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract (see 19.805-1).
(3) A determination that the use of a sole-source contract is in the best interest of the agency concerned.
(4) A determination that the anticipated cost of the contract will be fair and reasonable.
(5) Such other matters as the head of the agency concerned shall specify for purposes of this section.