Overview
This section mandates the public disclosure of justifications for other than full and open competition (J&As) to ensure transparency in federal procurement. It establishes specific deadlines for posting justifications based on the authority used and provides guidelines for redacting sensitive information.
Key Rules
- Standard Posting Deadline: Justifications must generally be made available to the public via the Government Point of Entry (SAM.gov) within 14 days after contract award.
- Urgency Exception: For contracts awarded under "Unusual and Compelling Urgency" (FAR 6.302-2), the posting deadline is extended to 30 days after award.
- Brand Name Requirements: Justifications for brand-name specifications must be posted at the time the solicitation is issued.
- Duration and Location: Justifications must remain posted on SAM.gov (and optionally the agency website) for a minimum of 30 days.
- Redaction of Sensitive Data: Contracting officers must screen and remove proprietary information and items exempt under the Freedom of Information Act (FOIA) before publication. While they should allow contractors to review for proprietary data, this process cannot delay the mandatory posting timeline.
- National Security Exemption: Posting is not required if disclosure would compromise national security or create significant security risks.
Practical Implications
- Administrative Speed: Contracting Officers must move quickly post-award to coordinate with contractors and legal counsel to redact proprietary data, as the statutory deadlines (14 or 30 days) are strict and do not stop for the review process.
- Public Scrutiny: Because these documents are public, they are frequently used by competitors to monitor agency spending habits and to identify potential grounds for bid protests or future marketing opportunities.