Overview
This section prescribes the mandatory requirements, certifications, and specific content necessary for a "Justification for Other Than Full and Open Competition" (J&A). It ensures that any departure from the standard requirement of full and open competition is documented, rationalized, and approved by authorized officials.
Key Rules
- Mandatory Documentation: A Contracting Officer (CO) cannot begin sole-source negotiations or award a contract without a written justification that is certified for accuracy and approved by the required authority.
- 8(a) Threshold: Sole-source awards under the 8(a) program exceeding $30 million require a formal written justification, specific approvals, and must be made public after award.
- Shared Responsibility: Technical and requirements personnel are legally responsible for providing and certifying the accuracy and completeness of the data that supports the recommendation for a sole-source action.
- Individual vs. Class Justifications: Justifications may cover a single contract or a class of contracts, though justifications based on "Public Interest" (6.302-7) must always be on an individual basis.
- Timing for Urgency: For acquisitions under "Unusual and Compelling Urgency" (6.302-2), justifications may be prepared and approved after the contract award if prior preparation would cause unreasonable delay.
- Content Requirements: A standard justification must include 12 specific elements, including market research results, a determination of fair and reasonable cost, and a description of actions taken to remove barriers to competition for future requirements.
Practical Implications
- Audit Trail: The J&A serves as the primary legal record to defend the agency's decision against bid protests; if the "sufficient facts and rationale" required by 6.303-2 are weak, the procurement is highly vulnerable.
- Technical Accountability: Since technical personnel must certify their data, they can be held accountable for "Gold Plating" specifications or providing biased data that restricts competition.
- Market Research Mandate: The requirement to describe market research (or explain its absence) forces agencies to actively engage with the industry before claiming that only one source exists.