[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: 48CFR6.302-7]



[Page 103-104]

 

            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. 6.302-7  Public interest.



    (a) Authority. (1) Citations: 10 U.S.C. 2304(c)(7) or 41 U.S.C. 

253(c)(7).

    (2) Full and open competition need not be provided for when the 

agency head determines that it is not in the public interest in the 

particular acquisition concerned.

    (b) Application. This authority may be used when none of the other 

authorities in 6.302 apply.



[[Page 104]]



    (c) Limitations. (1) A written determination to use this authority 

shall be made in accordance with subpart 1.7, by (i) the Secretary of 

Defense, the Secretary of the Army, the Secretary of the Navy, the 

Secretary of the Air Force, the Secretary of Homeland Security for the 

Coast Guard, or the Administrator of the National Aeronautics and Space 

Administration; or (ii) the head of any other executive agency. This 

authority may not be delegated.

    (2) The Congress shall be notified in writing of such determination 

not less than 30 days before award of the contract.

    (3) If required by the head of the agency, the contracting officer 

shall prepare a justification to support the determination under 

paragraph (c)(1) above.

    (4) This Determination and Finding (D & F) shall not be made on a 

class basis.



[50 FR 52432, Dec. 23, 1985, as amended at 68 FR 69258, Dec. 11, 2003]