Overview
FAR Subpart 6.1 establishes the foundational mandate that government agencies must provide for "full and open competition" in solicitations and contract awards. It outlines the statutory requirements for competition and defines the specific competitive procedures—such as sealed bidding and competitive proposals—that satisfy legal obligations.
Key Rules
- Statutory Mandate: Under 10 U.S.C. 3201 and 41 U.S.C. 3301, Contracting Officers (COs) are legally required to promote and provide for full and open competition unless a specific exception applies (as detailed in FAR 6.2 or 6.3).
- Hierarchy of Procedures:
- Sealed Bidding: The preferred method when conditions permit.
- Competitive Proposals: To be used if sealed bidding is deemed inappropriate.
- Combinations: COs may use combinations, such as two-step sealed bidding.
- Permissible "Other" Procedures: Full and open competition is also satisfied through:
- Architect-Engineer Selection: Procedures following the Brooks Act (FAR 36.6).
- Basic/Applied Research: Using Broad Agency Announcements (BAAs) coupled with peer or scientific review.
- GSA Schedules: Use of Multiple Award Schedules (MAS) as established by the GSA.
Responsibilities
- Contracting Officers:
- Must actively promote competition in all procurement actions.
- Responsible for selecting the competitive procedure best suited to the specific contract's circumstances.
- Must ensure the procurement process is efficient and fulfills the government's requirements effectively.
- Program/Technical Personnel:
- Responsible for defining requirements in a way that does not unnecessarily restrict competition.
- In Research & Development (R&D) contexts, responsible for conducting the peer or scientific reviews required for BAAs.
- GSA Administrator: Responsible for establishing the competitive procedures for the Multiple Award Schedule program.
Practical Implications
In real-world federal contracting, Subpart 6.1 acts as the "default setting" for all procurements. This means that:
- Market Research is Critical: Before a CO can justify a specific competitive method, they must understand the marketplace to ensure the chosen procedure allows for maximum participation.
- Justification for Restriction: If an agency wants to limit competition, they face a high burden of proof because this subpart sets the legal baseline that any capable offeror should be allowed to compete.
- Streamlined Options: For agencies needing speed, using "Other competitive procedures" like the GSA Schedules (6.102(d)(3)) allows them to satisfy the legal requirement for competition while utilizing pre-negotiated contracts, significantly shortening the acquisition lifecycle compared to a full stand-alone sealed bid or competitive proposal process.