FAR 6.302-1—Only one responsible source and no other supplies or services will satisfy agency requirements.
Plain-English Summary
FAR 6.302-1 covers the “only one responsible source” exception to full and open competition. It explains when an agency may limit competition because the required supplies or services are available from only one source, and, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources. The section also addresses when an unsolicited research proposal can support a sole-source determination, when follow-on contracts for major systems, highly specialized equipment, or highly specialized services may justify using this authority, and when limited rights in data, patents, copyrights, secret processes, raw materials, or utility-service circumstances may make one source effectively necessary. It further explains the special treatment of brand-name descriptions, including when a brand-name requirement must be justified and approved, how partial brand-name acquisitions are handled, and when brand-name-or-equal descriptions do not require a J&A. Finally, it states the procedural limits: written justifications and approvals are required, and the agency must still publish the required notices and consider any bids, proposals, quotations, or capability statements received. In practice, this section is the core FAR authority for true sole-source awards, but it is narrow and must be supported by a defensible market and requirement analysis.
Key Rules
Only one source exception
An agency may use this authority when the needed 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 agency’s needs. This is an exception to full and open competition, not a general preference for convenience.
Unsolicited research proposals
A source may be treated as the only source if it submitted an unsolicited research proposal that demonstrates a unique and innovative concept or unique capability, offers something not otherwise available to the Government, and does not resemble a pending competitive acquisition. All three conditions must be met.
Follow-on major systems and equipment
For continued development or production of a major system or highly specialized equipment, the original source may be the only source if competing the requirement would cause substantial duplication of cost not likely to be recovered through competition or unacceptable delays. This rule is aimed at preserving continuity where switching sources would be inefficient or disruptive.
Highly specialized services for certain agencies
For DoD, NASA, and the Coast Guard, follow-on contracts for continued provision of highly specialized services may also be treated as available only from the original source when competition would cause substantial duplication of cost or unacceptable delays. This service-specific authority is limited to those agencies.
Limited rights and unique circumstances
Limited rights in data, patent rights, copyrights, secret processes, control of raw materials, or similar circumstances may make only one source available, but those facts alone do not automatically justify sole source use. The agency must still show that the circumstances actually prevent other sources from meeting the requirement.
Utility services and utility work
When acquiring utility services, circumstances may leave only one supplier able to provide the service, and a utility company may be the only source for construction work on part of its own system. These are recognized examples, not automatic approvals.
Standardization-based brand specificity
If an agency head has determined under the agency’s standardization program that only specified makes and models will satisfy the need for additional units or replacement items, and only one source is available, this authority may apply. The standardization decision must drive the requirement, not merely vendor preference.
Brand-name descriptions require J&A
Using a brand-name description or other purchase description that specifies a particular brand, product, or feature peculiar to one manufacturer is not full and open competition, even if multiple sources are solicited. The acquisition, or the brand-name portion of it, must be justified and approved under FAR 6.303 and 6.304, and the justification must be posted with the solicitation.
Brand-name-or-equal is different
Brand-name-or-equal descriptions, and other descriptions that allow offerors to propose equivalent products, are considered full and open competition and do not require a justification and approval solely because they reference a brand.
Written support and notice still required
Any award under this authority must be supported by the required written justification and approval, and the agency must have published the notices required by FAR 5.201 and considered any bids, proposals, quotations, or capability statements received. The authority does not waive basic notice and consideration requirements.
Responsibilities
Contracting Officer
Determine whether the requirement truly fits the only-one-source standard, document the rationale in a written justification, obtain the required approval, ensure the correct notice is published, and consider any responses received before award. The contracting officer must also distinguish between true sole-source situations and brand-name or brand-name-or-equal descriptions.
Agency Head or Approving Official
Approve the justification at the level required by FAR 6.304 and the agency’s procedures, especially where the acquisition is brand-name or otherwise limited competition. The approver must ensure the record supports the legal basis and that the restriction is no broader than necessary.
Program/Technical Personnel
Define the minimum needs, explain why only one source or a limited number of sources can satisfy them, and provide technical support for any uniqueness, standardization, compatibility, or follow-on continuity claims. They must avoid overstating preferences as requirements.
Contractor or Potential Source
If submitting an unsolicited research proposal, demonstrate a unique and innovative concept or unique capability, show that the concept or service is not otherwise available to the Government, and ensure it does not mirror a pending competitive acquisition. Potential sources may also submit capability statements or responses to notices when appropriate.
Agency Acquisition Community
Coordinate market research, synopsis/notice publication, and file documentation so the sole-source decision is supportable and compliant. The acquisition team must ensure the justification matches the actual scope of the limited competition and that any brand-name portion is separately identified if only part of the acquisition is restricted.
Practical Implications
This is one of the most scrutinized FAR exceptions, so the file must show more than a preferred vendor or a convenient incumbent; it must show why no other source or type of supply/service will satisfy the need.
A common mistake is relying on patents, proprietary data, or standardization language without proving that those facts actually prevent competition or make another source unable to meet the requirement.
Brand-name language is a frequent trap: if the description is brand-name only, the acquisition is not full and open and needs a J&A; if it is brand-name-or-equal, it generally does not.
For follow-on work, agencies should be ready to explain the cost of switching sources, the risk of delay, and why those impacts are substantial enough to justify limiting competition.
Even when sole source is justified, the agency still has to publish the required notice and review any responses, so contractors should watch for synopses and capability opportunities that may challenge or inform the acquisition strategy.
Official Regulatory Text
(a) Authority. (1) Citations: 10 U.S.C. 3204(a)(1) or 41 U.S.C. 3304(a)(1) . (2) When the supplies or services required by the agency 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 agency requirements, full and open competition need not be provided for. (i) Supplies or services may be considered to be available from only one source if the source has submitted an unsolicited research proposal that- (A) Demonstrates a unique and innovative concept (see definition at 2.101 ), or, demonstrates a unique capability of the source to provide the particular research services proposed; (B) Offers a concept or services not otherwise available to the Government; and (C) Does not resemble the substance of a pending competitive acquisition. (See 10 U.S.C. 3204(b)(A) and 41 U.S.C. 3304(b)(1).) (ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in- (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or (B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C. 3204(b)(B) or 41 U.S.C. 3304(b)(2).) (iii) For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in- (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or (B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C. 3204(b)(B) ). (b) Application . This authority shall be used, if appropriate, in preference to the authority in 6.302-7 ; it shall not be used when any of the other circumstances is applicable. Use of this authority may be appropriate in situations such as the following (these examples are not intended to be all inclusive and do not constitute authority in and of themselves): (1) When there is a reasonable basis to conclude that the agency’s minimum needs can only be satisfied by- (i) Unique supplies or services available from only one source or only one supplier with unique capabilities; or (ii) For DoD, NASA, and the Coast Guard, unique supplies or services available from only one or a limited number of sources or from only one or a limited number of suppliers with unique capabilities. (2) The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source (however, the mere existence of such rights or circumstances does not in and of itself justify the use of these authorities) (see part 27 ). (3) When acquiring utility services (see 41.101 ), circumstances may dictate that only one supplier can furnish the service (see 41.202 ); or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system. (4) When the agency head has determined in accordance with the agency’s standardization program that only specified makes and models of technical equipment and parts will satisfy the agency’s needs for additional units or replacement items, and only one source is available. (c) Application for brand-name descriptions. (1) An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer- (i) Does not provide for full and open competition, regardless of the number of sources solicited; and (ii) Shall be justified and approved in accordance with 6.303 and 6.304 . (A) If only a portion of the acquisition is for a brand-name product or item peculiar to one manufacturer, the justification and approval is to cover only the portion of the acquisition which is brand-name or peculiar to one manufacturer. The justification should state it is covering only the portion of the acquisition which is brand-name or peculiar to one manufacturer, and the approval level requirements will then only apply to that portion; (B) The justification should indicate that the use of such descriptions in the acquisition or portion of an acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company; and (C) The justification shall be posted with the solicitation (see 5.102 (a)(6)). (2) Brand-name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand-name, provide for full and open competition and do not require justifications and approvals to support their use. (d) Limitations. (1) Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304 . (2) For contracts awarded using this authority, the notices required by 5.201 shall have been published and any bids, proposals, quotations, or capability statements must have been considered.