FAR 6.301—Policy.
Plain-English Summary
FAR 6.301 states the core policy for using other than full and open competition and explains when a contracting officer may lawfully award a contract without full and open competition or full and open competition after exclusion of sources. It ties the policy to the statutory authorities in 41 U.S.C. 3304 for civilian agencies and 10 U.S.C. 3204 for DoD, the Coast Guard, and NASA, and makes clear that noncompetitive contracting is only allowed when one of the exceptions in FAR 6.302 applies. The section also requires the contract file and award document to cite the specific legal authority used, so the basis for the exception is transparent and reviewable. In addition, it prohibits using poor planning or expiring funds as a justification for avoiding competition, which is a key safeguard against abuse. Finally, it requires the contracting officer to seek offers from as many potential sources as practicable and to use the procedures in FAR 6.102(a) or (b), or other authorized procedures, when proceeding under this subpart. In practice, this section is the policy backbone for justifying and documenting limited competition or sole-source awards.
Key Rules
Statutory authority required
Contracting without full and open competition is only allowed when authorized by statute. Civilian agencies rely on 41 U.S.C. 3304, while DoD, the Coast Guard, and NASA rely on 10 U.S.C. 3204.
Exceptions must fit FAR 6.302
A noncompetitive award is a violation of statute unless it falls within one of the exceptions listed in FAR 6.302. The contracting officer must identify and rely on the correct exception before proceeding.
Award document must cite authority
Every contract awarded without full and open competition must include a reference to the specific authority used. The citation must be the U.S. Code provision applicable to the agency, not just a general statement that competition was limited.
No justification for poor planning
Lack of advance planning by the requiring activity cannot be used to justify avoiding competition. The same is true for concerns about expiring funds or other funding pressure.
Maximize sources practicable
Even when full and open competition is not provided, the contracting officer must solicit offers from as many potential sources as is practicable under the circumstances. The requirement is to broaden competition as much as reasonably possible within the exception.
Use proper procedures
For acquisitions under this subpart, the contracting officer must use the procedures in FAR 6.102(a) or (b), if appropriate, or any other procedures authorized by the FAR. The choice of procedure must match the acquisition approach and the authority being used.
Responsibilities
Contracting Officer
Determine whether a valid statutory exception applies, select the correct FAR 6.302 authority, document the legal basis in the contract, avoid relying on poor planning or funding pressure as justification, solicit as many sources as practicable, and use the proper procedures under FAR 6.102 or other authorized FAR procedures.
Requiring Activity
Provide timely and accurate acquisition planning and requirements support so the contracting officer is not forced to rely on lack of planning as a reason to limit competition. The requiring activity should also support market research and source identification.
Agency
Ensure its contracting personnel follow the correct statutory framework for their department or agency, maintain compliance controls, and support documentation and review of noncompetitive awards.
Potential Offerors
Respond to solicitations issued under limited-competition procedures when invited, understanding that the contracting officer may solicit only as many sources as practicable rather than the full market.
Practical Implications
This section is a gatekeeper: if the exception does not fit FAR 6.302, the award is not legally supportable as a noncompetitive procurement.
The contract file must clearly show the statutory authority used; weak or missing citations are a common protest and audit vulnerability.
Poor planning and expiring funds are not valid excuses, so agencies need to plan early or risk delays rather than bypass competition.
Even under a sole-source or limited-competition rationale, contracting officers should still look for additional sources and document why only a limited set was practicable.
Using the wrong U.S. Code citation for the agency is a compliance error that can undermine the award record and review process.
Official Regulatory Text
(a) 41 U.S.C.3304 and 10 U.S.C. 3204 each authorize, under certain conditions, contracting without providing for full and open competition. The Department of Defense, Coast Guard, and National Aeronautics and Space Administration are subject to “ 10 U.S.C. 3204 . Other executive agencies are subject to 41 U.S.C. 3304 . Contracting without providing for full and open competition or full and open competition after exclusion of sources is a violation of statute, unless permitted by one of the exceptions in 6.302 . (b) Each contract awarded without providing for full and open competition shall contain a reference to the specific authority under which it was so awarded. Contracting officers shall use the U.S. Code citation applicable to their agency. (See 6.302 .) (c) Contracting without providing for full and open competition shall not be justified on the basis of- (1) A lack of advance planning by the requiring activity; or (2) Concerns related to the amount of funds available ( e.g., funds will expire) to the agency or activity for the acquisition of supplies or services. (d) When not providing for full and open competition, the contracting officer shall solicit offers from as many potential sources as is practicable under the circumstances. (e) For contracts under this subpart, the contracting officer shall use the contracting procedures prescribed in 6.102 (a) or (b), if appropriate, or any other procedures authorized by this regulation.