FAR 6.302-7—Public interest.
Plain-English Summary
FAR 6.302-7 covers the “public interest” exception to full and open competition. It explains when an agency may bypass competition because the agency head determines that competition is not in the public interest for a particular acquisition, and it makes clear that this authority is a last-resort exception used only when none of the other FAR 6.302 authorities apply. The section also sets strict limits on use of the authority: the required written determination must be made by a very senior official, the authority may not be delegated, Congress must receive advance written notice at least 30 days before award, the contracting officer may have to prepare supporting justification if directed, and the determination and findings may not be made on a class basis. In practice, this is one of the most sensitive sole-source authorities because it requires high-level approval, strong documentation, and advance congressional notification, all of which can affect acquisition timing and strategy.
Key Rules
Public interest exception
Full and open competition may be waived when the agency head determines that competition is not in the public interest for the specific acquisition. This is a narrow exception tied to the particular procurement, not a general preference or convenience-based rationale.
Use only as last resort
This authority may be used only when none of the other FAR 6.302 authorities apply. The agency must first consider whether another statutory or regulatory exception better fits the acquisition.
High-level written determination
A written determination must be made under FAR subpart 1.7 by the designated agency head officials listed in the rule. The authority may not be delegated, so the decision must come from the specified senior official.
Advance congressional notice
Congress must be notified in writing at least 30 days before contract award. This notice requirement can delay award and must be built into the acquisition schedule.
Contracting officer support if required
If the agency head requires it, the contracting officer must prepare a justification supporting the determination. The CO’s role is to assemble the facts and rationale, even though the final determination rests with the authorized senior official.
No class determinations
The determination and findings may not be made on a class basis. Each use must be tied to a specific acquisition, which prevents blanket approval for categories of procurements.
Responsibilities
Agency Head / Designated Senior Official
Make the written determination that use of full and open competition is not in the public interest for the particular acquisition. Ensure the determination complies with FAR subpart 1.7, is not delegated, and is supported by the required findings.
Contracting Officer
When directed by the agency head, prepare the justification supporting the public interest determination. Manage the acquisition timeline to account for the 30-day congressional notification period and ensure the file supports the decision.
Agency
Provide written notice to Congress at least 30 days before award and ensure internal approval procedures are followed. Confirm that the public interest authority is used only when no other FAR 6.302 authority applies.
Congress
Receive advance written notification of the determination before award. While Congress does not approve the determination under this section, the notice requirement gives it visibility into the planned noncompetitive action.
Practical Implications
This authority is rarely used and should be treated as exceptional, not routine. If another FAR 6.302 exception fits, that authority should be used instead.
The 30-day congressional notice can materially affect procurement schedules, so teams must plan early and avoid promising award dates that do not account for the waiting period.
Documentation quality matters because the decision is highly scrutinized. A weak or generic rationale can create protest, oversight, or audit risk.
Because the determination cannot be delegated and cannot be made on a class basis, agencies must secure the correct senior-level approval for each individual acquisition.
Contracting officers should coordinate closely with legal, policy, and program officials to ensure the record clearly explains why competition is not in the public interest and why no other exception applies.
Official Regulatory Text
(a) Authority. (1) Citations: 10 U.S.C. 3204(a)(7) or 41 U.S.C. 3304(a)(7) . (2) Full and open competition need not be provided for when the agency head determines that it is not in the public interest in the particular acquisition concerned. (b) Application . This authority may be used when none of the other authorities in 6.302 apply. (c) Limitations. (1) A written determination to use this authority shall be made in accordance with subpart 1.7 , by- (i) The Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of Homeland Security for the Coast Guard, or the Administrator of the National Aeronautics and Space Administration; or (ii) The head of any other executive agency. This authority may not be delegated. (2) The Congress shall be notified in writing of such determination not less than 30 days before award of the contract. (3) If required by the head of the agency, the contracting officer shall prepare a justification to support the determination under paragraph (c)(1) of this subsection. (4) This Determination and Finding (D&F) shall not be made on a class basis.