[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: 48CFR6.301]



[Page 99]

 

            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. 6.301  Policy.



    (a) 41 U.S.C. 253(c) and 10 U.S.C. 2304(c) each authorize, under 

certain conditions, contracting without providing for full and open 

competition. The Department of Defense, Coast Guard, and National 

Aeronautics and Space Administration are subject to 10 U.S.C. 2304(c). 

Other executive agencies are subject to 41 U.S.C. 253(c). Contracting 

without providing for full and open competition or full and open 

competition after exclusion of sources is a violation of statute, unless 

permitted by one of the exceptions in 6.302.

    (b) Each contract awarded without providing for full and open 

competition shall contain a reference to the specific authority under 

which it was so awarded. Contracting officers shall use the U.S. Code 

citation applicable to their agency. (See 6.302.)

    (c) Contracting without providing for full and open competition 

shall not be justified on the basis of (1) a lack of advance planning by 

the requiring activity or (2) concerns related to the amount of funds 

available (e.g., funds will expire) to the agency or activity for the 

acquisition of supplies or services.

    (d) When not providing for full and open competition, the 

contracting officer shall solicit offers from as many potential sources 

as is practicable under the circumstances.

    (e) For contracts under this subpart, the contracting officer shall 

use the contracting procedures prescribed in 6.102 (a) or (b), if 

appropriate, or any other procedures authorized by this regulation.