Overview
FAR 6.301 establishes the statutory authority and strict limitations for awarding contracts without full and open competition, ensuring such actions are legally justified and not used to compensate for administrative failures.
Key Rules
- Statutory Authority: Non-competitive actions are governed by 10 U.S.C. 3204 (for DoD, NASA, and the Coast Guard) and 41 U.S.C. 3304 (for all other executive agencies).
- Mandatory Citations: Every contract awarded without full and open competition must explicitly reference the specific U.S. Code authority applicable to the agency.
- Prohibited Justifications: Agencies are strictly forbidden from justifying a lack of competition based on a lack of advance planning or concerns regarding the expiration of funds (e.g., "use it or lose it" year-end spending).
- Limited Competition Requirement: Even when full and open competition is waived, the contracting officer is required to solicit offers from as many potential sources as is practicable under the specific circumstances.
- Procedural Compliance: Contracting officers must still follow prescribed procedures in FAR 6.102 or other authorized regulations when executing these awards.
Practical Implications
- Contracting officers must proactively manage acquisition timelines, as "urgent" requirements caused by agency procrastination are legally indefensible if challenged.
- In a protest scenario, the government must demonstrate that it attempted to reach multiple vendors even if a formal competitive process was not utilized.