[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR6.202]



[Page 98]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 6_COMPETITION REQUIREMENTS--Table of Contents

 

    Subpart 6.2_Full and Open Competition After Exclusion of Sources

 

Sec. 6.202  Establishing or maintaining alternative sources.



    (a) Agencies may exclude a particular source from a contract action 

in order to establish or maintain an alternative source or sources for 

the supplies or services being acquired if the agency head determines 

that to do so would--

    (1) Increase or maintain competition and likely result in reduced 

overall costs for the acquisition, or for any anticipated acquisition;

    (2) Be in the interest of national defense in having a facility (or 

a producer, manufacturer, or other supplier) available for furnishing 

the supplies or services in case of a national emergency or industrial 

mobilization;

    (3) Be in the interest of national defense in establishing or 

maintaining an essential engineering, research, or development 

capability to be provided by an educational or other nonprofit 

institution or a federally funded research and development center;

    (4) Ensure the continuous availability of a reliable source of 

supplies or services;

    (5) Satisfy projected needs based on a history of high demand; or

    (6) Satisfy a critical need for medical, safety, or emergency 

supplies.

    (b)(1) Every proposed contract action under the authority of 

paragraph (a) above shall be supported by a determination and findings 

(D&F) (see subpart 1.7) signed by the head of the agency or designee. 

This D&F shall not be made on a class basis.

    (2) Technical and requirements personnel are responsible for 

providing all necessary data to support their recommendation to exclude 

a particular source.

    (3) When the authority in (a)(1) above is cited, the findings shall 

include a description of the estimated reduction in overall costs and 

how the estimate was derived.



[50 FR 1729, Jan. 11, 1985, as amended at 60 FR 42653, Aug. 16, 1995]