When can a sole-source contract be awarded under FAR 6.3?

When does a sole-source award fit the FAR?

Under FAR 6.301, contracting without full and open competition is allowed only when a specific exception in FAR 6.302 applies. For the typical sole-source case, FAR 6.302-1 covers situations where the supplies or services 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 the requirement. The section also recognizes limited rights in data, patent rights, copyrights, secret processes, utility-service circumstances, and certain standardization situations, but those facts alone do not automatically justify the award. FAR 6.301 also says the decision cannot be justified by lack of advance planning or by concerns that funds will expire. When the award is made without competition, the contracting officer must cite the specific U.S. Code authority in the contract and solicit as many potential sources as practicable under the circumstances. Brand-name descriptions are separately controlled and require justification and approval under FAR 6.303 and 6.304.