Availability of the justification
Agencies must publicly post justifications for non-competitive awards on SAM.gov and their websites within specified timeframes, ensuring proprietary and sensitive information is protected.
Overview
FAR 6.305 outlines the requirements for making justifications for other than full and open competition publicly available. Agencies must post justifications required by FAR 6.303-1 on the Government Point of Entry (GPE) and their own websites, generally within 14 days after contract award, unless specific exceptions apply. The regulation also details procedures for protecting proprietary information and addresses national security exceptions.
Key Rules
- Posting Timeline
- Justifications must be posted within 14 days after contract award, except for urgent awards (30 days) or brand name justifications (with the solicitation).
- Posting Locations
- Justifications must be posted on SAM.gov (GPE) and the agency’s website for at least 30 days.
- Protection of Proprietary Data
- Contracting officers must remove proprietary data and sensitive information before posting.
- National Security Exception
- Posting is not required if it would compromise national security or create other security risks.
Responsibilities
- Contracting Officers: Ensure timely posting, screen for proprietary data, and consult FOIA and FAR 24.202 for exemptions. Provide contractors an opportunity to review redactions if proprietary data is involved, without delaying posting.
- Contractors: Review justifications for proprietary data when requested.
- Agencies: Maintain public access to justifications and ensure compliance with posting requirements.
Practical Implications
This section ensures transparency in non-competitive contracting by requiring public disclosure of justifications, while balancing the need to protect sensitive and proprietary information. Failure to comply can result in protests or legal challenges. Timely and accurate redaction is critical to avoid inadvertent disclosure of protected information.