Overview
FAR 6.101 establishes the foundational mandate that government agencies must achieve "full and open competition" for contract awards unless specific statutory exceptions apply. It cites 10 U.S.C. 3201 and 41 U.S.C. 3301 as the legal basis for ensuring that all responsible sources are permitted to compete.
Key Rules
- Mandatory Competition: Contracting officers (COs) are legally required to promote and provide for full and open competition in both the solicitation and award phases.
- Limited Exceptions: Departures from full and open competition are only permitted under the specific conditions outlined in FAR subparts 6.2 (full and open competition after exclusion of sources) and 6.3 (other than full and open competition).
- Procedural Discretion: COs must select the competitive procedures from FAR Part 6 that best fit the specific contract action.
- Efficiency Requirement: The chosen competitive process must balance the goal of competition with the need to fulfill government requirements efficiently.
Practical Implications
- Default Requirement: Full and open competition is the "Gold Standard"; any other method requires significant justification and documentation to prove that an exception is legally valid.
- Market Research: To fulfill the efficiency mandate, COs must conduct thorough market research to determine which competitive procedure will attract enough qualified bidders without creating unnecessary administrative burdens.