[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR6.302-1]

[Page 96-97]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 6_COMPETITION REQUIREMENTS--Table of Contents
 
            Subpart 6.3_Other Than Full and Open Competition
 
Sec.  6.302-1  Only one responsible source and no other supplies or services 
will satisfy agency requirements.

    (a) Authority. (1) Citations: 10 U.S.C. 2304(c)(1) or 41 U.S.C. 
253(c)(1).
    (2) When the supplies or services required by the agency are 
available from only one responsible source, or, for DoD, NASA, and the 
Coast Guard, from only one or a limited number of responsible sources, 
and no other type of supplies or services will satisfy agency 
requirements, full and open competiton need not be provided for.
    (i) Supplies or services may be considered to be available from only 
one source if the source has submitted an unsolicited research proposal 
that:
    (A) Demonstrates a unique and innovative concept (see definition at 
2.101), or, demonstrates a unique capability of the source to provide 
the particular research services proposed;
    (B) Offers a concept or services not otherwise available to the 
Government; and
    (C) Does not resemble the substance of a pending competitive 
acquisition. (See 10 U.S.C. 2304(d)(1)(A) and 41 U.S.C. 253(d)(1)(A).)
    (ii) Supplies may be deemed to be available only from the original 
source in the case of a follow-on contract for the continued development 
or production of a major system or highly specialized equipment, 
including major components thereof, when it is likely that award to any 
other source would result in (A) substantial duplication of cost to the 
Government that is not expected to be recovered through competition, or 
(B) unacceptable delays in fulfilling the agency's requirements. (See 10 
U.S.C. 2304(d)(1)(B) or 41 U.S.C. 253(d)(1)(B).)
    (iii) For DoD, NASA, and the Coast Guard, services may be deemed to 
be available only from the original source

[[Page 97]]

in the case of follow-on contracts for the continued provision of highly 
specialized services when it is likely that award to any other source 
would result in (A) substantial duplication of cost to the Government 
that is not expected to be recovered through competition, or (B) 
unacceptable delays in fulfilling the agency's requirements. (See 10 
U.S.C. 2304(d)(1)(B)).
    (b) Application. This authority shall be used, if appropriate, in 
preference to the authority in 6.302-7; it shall not be used when any of 
the other circumstances is applicable. Use of this authority may be 
appropriate in situations such as the following (these examples are not 
intended to be all-inclusive and do not consitute authority in and of 
themselves):
    (1) When there is a reasonable basis to conclude that the agency's 
minimum needs can only be satisfied by (i) unique supplies or services 
available from only one source or only one supplier with unique 
capabilities; or, (ii) for DoD, NASA, and the Coast Guard, unique 
supplies or services available from only one or a limited number of 
sources or from only one or a limited number of suppliers with unique 
capabilities.
    (2) The existence of limited rights in data, patent rights, 
copyrights, or secret processes; the control of basic raw material; or 
similar circumstances, make the supplies and services available from 
only one source (however, the mere existence of such rights or 
circumstances does not in and of itself justify the use of these 
authorities) (see part 27).
    (3) When acquiring utility services (see 41.101), circumstances may 
dictate that only one supplier can furnish the service (see 41.202); or 
when the contemplated contract is for construction of a part of a 
utility system and the utility company itself is the only source 
available to work on the system.
    (4) When the agency head has determined in accordance with the 
agency's standardization program that only specified makes and models of 
technical equipment and parts will satisfy the agency's needs for 
additional units or replacement items, and only one source is available.
    (c) Application for brand name descriptions. An acquisition that 
uses a brand name description or other purchase description to specify a 
particular brand name, product, or feature of a product, peculiar to one 
manufacturer does not provide for full and open competition regardless 
of the number of sources solicited. It shall be justified and approved 
in accordance with FAR 6.303 and 6.304. The justification should 
indicate that the use of such descriptions in the acquisition is 
essential to the Government's requirements, thereby precluding 
consideration of a product manufactured by another company. (Brand-name 
or equal descriptions, and other purchase descriptions that permit 
prospective contractors to offer products other than those specifically 
referenced by brand name, provide for full and open competition and do 
not require justifications and approvals to support their use.)
    (d) Limitations. (1) Contracts awarded using this authority shall be 
supported by the written justifications and approvals described in 6.303 
and 6.304.
    (2) For contracts awarded using this authority, the notices required 
by 5.201 shall have been published and any bids and proposals must have 
been considered. (See 15.402(g).)

[50 FR 52431, Dec. 23, 1985, as amended at 52 FR 21886, June 9, 1987; 53 
FR 27463, July 20, 1988; 56 FR 29127, June 25, 1991; 59 FR 67018, Dec. 
28, 1994; 66 FR 2128, Jan. 10, 2001]