Content
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.