Overview
FAR 5.406 mandates the public disclosure of justification and approval (J&A) documents for contract actions that bypass full and open competition or fair opportunity requirements. It serves as a central reference point linking specific procurement methods to their respective transparency and posting obligations.
Key Rules
- Non-Competitive Awards: Justifications for other than full and open competition must be publicly posted following the procedures in FAR 6.305.
- Federal Supply Schedules (FSS): Limited-source justifications for FSS orders or Blanket Purchase Agreements (BPAs) valued above the simplified acquisition threshold (SAT) must be posted per FAR 8.405-6(a)(2), though brand-name justifications are handled separately.
- Task and Delivery Orders: Justifications for orders exceeding the SAT that are awarded without providing for fair opportunity must be disclosed in accordance with FAR 16.505(b)(2)(ii)(D).
- Threshold Trigger: For FSS and task/delivery orders, the public disclosure requirement is specifically triggered when the estimated value exceeds the Simplified Acquisition Threshold.
Practical Implications
- Transparency: These rules ensure that the government's rationale for restricting competition is subject to public scrutiny, reducing the risk of favoritism or waste.
- Compliance Burden: Contracting officers must strictly adhere to the posting timelines and locations (typically the Government-wide Point of Entry) specified in the referenced FAR parts to avoid procurement protests or audits.