[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: 48CFR6.304]



[Page 105]

 

            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. 6.304  Approval of the justification.



    (a) Except for paragraph (b) of this section, the justification for 

other than full and open competition shall be approved in writing--

    (1) For a proposed contract not exceeding $500,000, the contracting 

officer's certification required by 6.303-2(a)(12) will serve as 

approval unless a higher approving level is established in agency 

procedures.

    (2) For a proposed contract over $500,000 but not exceeding 

$10,000,000, by the competition advocate for the procuring activity 

designated pursuant to 6.501 or an official described in paragraph 

(a)(3) or (a)(4) of this section. This authority is not delegable.

    (3) For a proposed contract over $10,000,000, but not exceeding 

$50,000,000, or, for DoD, NASA, and the Coast Guard, not exceeding 

$75,000,000, by the head of the procuring activity, or a designee who--

    (i) If a member of the armed forces, is a general or flag officer; 

or

    (ii) If a civilian, is serving in a position in a grade above GS-15 

under the General Schedule (or in a comparable or higher position under 

another schedule).

    (4) For a proposed contract over $50,000,000 or, for DoD, NASA, and 

the Coast Guard, over $75,000,000, by the senior procurement executive 

of the agency designated pursuant to the OFPP Act (41 U.S.C. 414(3)) in 

accordance with agency procedures. This authority is not delegable 

except in the case of the Under Secretary of Defense for Acquisition, 

Technology, and Logistics, acting as the senior procurement executive 

for the Department of Defense.

    (b) Any justification for a contract awarded under the authority of 

6.302-7, regardless of dollar amount, shall be considered approved when 

the determination required by 6.302-7(c)(1) is made.

    (c) A class justification for other than full and open competition 

shall be approved in writing in accordance with agency procedures. The 

approval level shall be determined by the estimated total value of the 

class.

    (d) The estimated dollar value of all options shall be included in 

determining the approval level of a justification.



[50 FR 1729, Jan. 11, 1985, as amended at 50 FR 52433, Dec. 23, 1985; 54 

FR 13023, Mar. 29, 1989; 55 FR 3881, Feb. 5, 1990; 55 FR 52790, Dec. 21, 

1990; 60 FR 42654, 42665, Aug. 16, 1995; 61 FR 31618, June 20, 1996; 65 

FR 24325, Apr. 25, 2000; 70 FR 11739, Mar. 9, 2005]