[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: 48CFR6.302-1]



[Page 99-101]

 

            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. 6.302-1  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:



[[Page 100]]



    (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 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.



[[Page 101]]



    (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]