6.303-2
Content
Every justification for other than full and open competition must include detailed, certified information to support the exception and ensure transparency and fairness in the contracting process.
Overview
FAR 6.303-2 outlines the required content for justifications supporting the use of other than full and open competition in federal contracting. This section specifies the minimum information that must be included in every justification, ensuring transparency, accountability, and compliance with statutory requirements. It also provides additional requirements for sole-source 8(a) contracts exceeding $25 million.
Key Rules
- General Justification Content
- Every justification must contain sufficient facts and rationale to support the cited authority for not using full and open competition.
- Minimum Information Required
- Justifications must include agency identification, description of the action, required supplies/services, statutory authority, contractor qualifications, efforts to solicit competition, cost reasonableness, market research, supporting facts, interested sources, actions to promote future competition, and contracting officer certification.
- Technical/Requirements Personnel Certification
- Supporting data from technical or requirements personnel must be certified as complete and accurate.
- Sole-Source 8(a) Contracts Over $25 Million
- Additional requirements include a description of agency needs, statutory exception, best interest determination, cost reasonableness, and any other matters specified by the agency head.
Responsibilities
- Contracting Officers: Ensure all required elements are included, certify justification accuracy, and obtain necessary certifications from technical/requirements personnel.
- Contractors: Provide information as requested to support justification, especially regarding unique qualifications or market research.
- Agencies: Oversee compliance, specify additional requirements for large sole-source 8(a) contracts, and ensure proper documentation.
Practical Implications
- This section ensures that exceptions to competition are well-documented and justified, reducing the risk of improper sole-source awards. Missing or incomplete justifications can delay or invalidate contract awards. Contractors should be prepared to provide detailed information to support justifications, especially for high-value or sole-source contracts.