A sole-source award is allowed only under a stated FAR exception, with the specific authority cited in the contract and sources solicited when practicable.
Summary
When can a sole-source contract be awarded under FAR 6.3? A sole-source award is allowed only under a stated FAR exception, with the specific authority cited in the contract and sources solicited when practicable.
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.
Review FAR 6.301 and determine whether the acquisition fits one of the exceptions in FAR 6.302.
Use FAR 6.302-1 only when the requirement is available from only one responsible source, or for DoD, NASA, and the Coast Guard only one or a limited number of responsible sources, and no other type will satisfy the need.
Put the specific U.S. Code authority in the contract and solicit as many potential sources as practicable.
FAR 6.301 says a noncompetitive award cannot be justified by lack of advance planning or by concerns about expiring funds.