FAR 6.303-1—Requirements.
Plain-English Summary
FAR 6.303-1 sets the basic procedural requirements for using contract actions that are not based on full and open competition. It covers when a contracting officer may begin negotiations for a sole-source contract, a contract resulting from an unsolicited proposal, or any other noncompetitive award; when a written justification is required; when the justification must be certified as accurate and complete; and when higher-level approval must be obtained under FAR 6.304. It also adds special rules for sole-source awards under the 8(a) program above $30 million, including written justification, approval, and public posting after award. The section assigns a supporting role to technical and requirements personnel, who must provide and certify the data used to support the noncompetitive recommendation. It further explains that justifications may be prepared on an individual or class basis, with a special limitation that 6.302-7 justifications must be individual, and it requires the contracting officer to ensure each action under a class justification stays within scope and is documented in the file. Finally, it allows post-award preparation and approval of 6.302-2 justifications when doing so before award would unreasonably delay the acquisition, which is a narrow exception to the normal pre-award rule. In practice, this section is the procedural gatekeeper for other-than-full-and-open competition and is meant to ensure the government has a documented, reviewed, and supportable basis before—or in limited cases shortly after—taking a noncompetitive procurement action.
Key Rules
No noncompetitive action without process
Before starting negotiations for a sole-source contract, an unsolicited proposal contract, or any other award without full and open competition, the contracting officer must satisfy the justification, certification, and approval requirements that apply under FAR 6.302 and 6.304. This makes the written record and approval chain a prerequisite to proceeding, not an afterthought.
Written justification is required
If the cited exception under FAR 6.302 requires a justification, the contracting officer must prepare it in writing. The justification must explain why the noncompetitive action is appropriate and must be complete enough to support the exception being used.
Accuracy certification is mandatory
The contracting officer must certify that the justification is accurate and complete. This certification is a formal accountability step and means the CO is relying on the underlying facts, not merely forwarding a draft prepared by others.
Approval must be obtained first
The contracting officer must obtain the approval required by FAR 6.304 before proceeding, unless a specific exception allows later approval. The approval level depends on the type and dollar value of the action.
Special rule for large 8(a) sole-source awards
A sole-source 8(a) award exceeding $30 million requires a written justification under FAR 6.303-2, approval by the designated official under FAR 6.304, and public release of the justification and related information after award under FAR 6.305. This adds transparency and oversight for high-dollar 8(a) sole-source actions.
Technical staff must support the record
Technical and requirements personnel must provide the data needed to support the recommendation for other than full and open competition and must certify that the data are accurate and complete. Their role is essential because the justification depends on the quality of the underlying requirement and market/technical facts.
Individual or class justifications
Justifications may be prepared and approved for a single action or for a class of actions. However, justifications under FAR 6.302-7 must be individual only, and when a class justification is used, each follow-on action must be within the scope of that class approval and documented in the contract file.
Limited post-award approval for 6.302-2
For actions under FAR 6.302-2, the justification may be prepared and approved within a reasonable time after award if doing it before award would unreasonably delay the acquisition. This is a narrow timing exception, not a waiver of the justification requirement.
Responsibilities
Contracting Officer
Determine whether the planned action is other than full and open competition; prepare the required written justification when applicable; certify the justification’s accuracy and completeness; obtain the required approval before award or negotiation unless a specific exception applies; ensure 8(a) sole-source awards over $30 million meet the added justification, approval, and public posting requirements; verify that each action under a class justification stays within scope; and document the contract file accordingly.
Technical and Requirements Personnel
Provide the factual, technical, and requirements data needed to support the recommendation for other than full and open competition; ensure the supporting information is accurate and complete; and help substantiate the rationale used in the justification.
Approving Official
Review the justification and approve it at the level required by FAR 6.304 before the noncompetitive action proceeds, except where post-award approval is permitted for a limited category of actions.
Agency/Contracting Activity
Maintain procedures for preparing, certifying, approving, and filing justifications; ensure public release requirements are met for covered 8(a) sole-source awards; and support compliance oversight for individual and class justifications.
Practical Implications
This section is a compliance checkpoint: if the justification, certification, or approval is missing, the noncompetitive action is vulnerable to protest, audit findings, or internal review issues.
The contracting officer cannot treat the justification as a paperwork formality; the CO is certifying the facts and must be comfortable that the record supports the exception being used.
For class justifications, the biggest pitfall is assuming one approval covers everything indefinitely; each action still has to fit within the approved scope and be documented in the file.
Large 8(a) sole-source awards have extra transparency obligations, so teams should plan early for the justification, approval chain, and post-award public release.
The limited post-award timing rule for 6.302-2 should be used cautiously; it applies only when pre-award preparation and approval would unreasonably delay the acquisition, so agencies should be ready to explain why the exception was necessary.
Official Regulatory Text
(a) A contracting officer shall not commence negotiations for a sole source contract, commence negotiations for a contract resulting from an unsolicited proposal, or award any other contract without providing for full and open competition unless the contracting officer- (1) Justifies, if required in 6.302 , the use of such actions in writing; (2) Certifies the accuracy and completeness of the justification; and (3) Obtains the approval required by 6.304 . (b) The contracting officer shall not award a sole-source contract under the 8(a) authority ( 15 U.S.C. 637 (a)) for an amount exceeding $30 million unless - (1) The contracting officer justifies the use of a sole-source contract in writing in accordance with 6.303-2 ; (2) The justification is approved by the appropriate official designated at 6.304 ; and (3) The justification and related information are made public after award in accordance with 6.305 . (c) Technical and requirements personnel are responsible for providing and certifying as accurate and complete necessary data to support their recommendation for other than full and open competition. (d) Justifications required by paragraph (a) of this section may be made on an individual or class basis. Any justification for contracts awarded under the authority of 6.302-7 shall only be made on an individual basis. Whenever a justification is made and approved on a class basis, the contracting officer must ensure that each contract action taken pursuant to the authority of the class justification and approval is within the scope of the class justification and approval and shall document the contract file for each contract action accordingly. (e) The justifications for contracts awarded under the authority cited in 6.302-2 may be prepared and approved within a reasonable time after contract award when preparation and approval prior to award would unreasonably delay the acquisitions.