Overview
This section details the seven statutory exceptions to the requirement for full and open competition in government contracting. It provides the specific legal authorities, application criteria, and mandatory limitations that agencies must follow when restricting competition for supplies or services.
Key Rules
- Only One Responsible Source (6.302-1): Permits non-competitive awards when unique capabilities, proprietary data (patents/copyrights), or specific follow-on requirements for major systems make only one contractor viable.
- Unusual and Compelling Urgency (6.302-2): Allows for limited competition when a delay would cause "serious injury" to the government; notably, the period of performance is generally limited to one year.
- Industrial Mobilization & Expert Services (6.302-3): Used to maintain the defense industrial base, support essential R&D capabilities (like FFRDCs), or acquire expert witnesses and neutral mediators for litigation.
- International Agreements (6.302-4): Applies when the terms of a treaty or a foreign government's written directions (e.g., Letter of Offer and Acceptance) specify a particular source.
- Authorized by Statute (6.302-5): Covers specific programs mandated by law, such as Federal Prison Industries (UNICOR), AbilityOne, and sole-source awards for 8(a), HUBZone, Service-Disabled Veteran-Owned, or Women-Owned Small Businesses.
- National Security (6.302-6): Applicable if the mere disclosure of the agency's needs would compromise national security; it cannot be used solely because a requirement is classified.
- Public Interest (6.302-7): A "catch-all" authority requiring a non-delegable determination by the Agency Head and a 30-day prior notification to Congress.
- Justification and Approval (J&A): Most authorities require a written J&A under FAR 6.303, and even under restricted competition, agencies must still solicit as many sources as is practicable.
Practical Implications
- Contracting Officers must ensure that "brand-name" requirements are specifically justified and posted with the solicitation, as they are considered a restriction on competition.
- The use of these authorities often requires significant lead time for approvals and a robust administrative record to withstand potential bid protests from excluded sources.