6.305 Availability of the justification
Source: FAR 6.305 on acquisition.gov
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.
(a) The agency shall make publicly available the justification required by 6.303-1 as required by https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim" target="_blank">10 U.S.C. 3204(f) and https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim" target="_blank">41 U.S.C. 3304(f). Except for the circumstances in paragraphs (b) and (c) of this section, the justification shall be made publicly available within 14 days after contract award.
(b) In the case of a contract award permitted under 6.302-2, the justification shall be posted within 30 days after contract award.
(c) In the case of a brand name justification under 6.302-1(c), the justification shall be posted with the solicitation (see 5.102(a)(6)).
(d) The justifications shall be made publicly available-
(1) At the Government Point of Entry (GPE) https://www.sam.gov" target="_blank">https://www.sam.gov.
(2) On the website of the agency, which may provide access to the justifications by linking to the GPE; and
(3) Must remain posted for a minimum of 30 days.
(e) Contracting officers shall carefully screen all justifications for contractor proprietary data and remove all such data, and such references and citations as are necessary to protect the proprietary data, before making the justifications available for public inspection. Contracting officers shall also be guided by the exemptions to disclosure of information contained in the Freedom of Information Act (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim" target="_blank">5 U.S.C. 552) and the prohibitions against disclosure in 24.202 in determining whether the justification, or portions of it, are exempt from posting. Although the submitter notice process set out in EO 12600, entitled "Predisclosure Notification Procedures for Confidential Commercial Information," does not apply, if the justification appears to contain proprietary data, the contracting officer should provide the contractor that submitted the information an opportunity to review the justification for proprietary data, before making the justification available for public inspection, redacted as necessary. This process must not prevent or delay the posting of the justification in accordance with the timeframes required in paragraphs (a) through (c).
(f) The requirements of paragraphs (a) through (d) do not apply if posting the justification would disclose the executive agency’s needs and disclosure of such needs would compromise national security or create other security risks.