[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR406.302-70]



[Page 105]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 4--DEPARTMENT OF AGRICULTURE

 

PART 406_COMPETITION REQUIREMENTS--Table of Contents

 

           Subpart 406.3_Other Than Full and Open Competition

 

Sec. 406.302-70  Otherwise authorized by law.



    (a) Authority. Section 1472 of the National Agricultural Research, 

Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318) (the Act) 

authorizes the Secretary of Agriculture to award contracts, without 

competition, to further research, extension, or teaching programs in the 

food and agricultural sciences.

    (b) Limitations. The use of this authority is limited to those 

instances where it can be determined that contracting without full and 

open competition is in the best interest of the Government and necessary 

to the accomplishment of the research, extension, or teaching program. 

Therefore:

    (1) Contracts under the authority of the Act shall be awarded on a 

competitive basis to the maximum practicable extent.

    (2) When full and open competition is not deemed appropriate, the 

contracting officer shall make a written justification on a case-by-case 

basis in accordance with procedures in FAR 6.303 and 6.304.