[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: 48CFR6.303-1]

[Page 100-101]
 
            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.  6.303-1  Requirements.

    (a) A contracting officer shall not commence negotiations for a sole 
source contract, commence negotiations for a contract resulting from an

[[Page 101]]

unsolicited proposal, or award any other contract without providing for 
full and open competition unless the contracting officer--
    (1) Justifies, if required in 6.302, the use of such actions in 
writing;
    (2) Certifies the accuracy and completeness of the justification; 
and
    (3) Obtains the approval required by 6.304.
    (b) Technical and requirements personnel are responsible for 
providing and certifying as accurate and complete necessary data to 
support their recommendation for other than full and open competition.
    (c) Justifications required by paragraph (a) above may be made on an 
individual or class basis. Any justification for contracts awarded under 
the authority of 6.302-7 shall only be made on an individual basis. 
Whenever a justification is made and approved on a class basis, the 
contracting officer must ensure that each contract action taken pursuant 
to the authority of the class justification and approval is within the 
scope of the class justification and approval and shall document the 
contract file for each contract action accordingly.
    (d) If the authority of 6.302-3(a)(2)(i) or 6.302-7 is being cited 
as a basis for not providing for full and open competition in an 
acquisition that would otherwise be subject to the Trade Agreements Act 
(see Subpart 25.4), the contracting officer must forward a copy of the 
justification, in accordance with agency procedures, to the agencys 
point of contact with the Office of the United States Trade 
Representative.
    (e) The justifications for contracts awarded under the authority 
cited in 6.302-2 may be prepared and approved within a reasonable time 
after contract award when preparation and approval prior to award would 
unreasonably delay the acquisitions.

[50 FR 1729, Jan. 11, 1985, as amended at 50 FR 52433, Dec. 23, 1985; 55 
FR 25526, June 21, 1990; 64 FR 72418, Dec. 27, 1999]