FAR 6.303-2—Content.
Plain-English Summary
FAR 6.303-2 explains what must be included in a justification for using other than full and open competition, and it also sets a separate minimum content standard for sole-source 8(a) contracts over $30 million. In practice, this section is the checklist for documenting why a noncompetitive award is legally supportable and why the Government should proceed without full and open competition. It covers the need for sufficient facts and rationale, identification of the agency and action, description of the requirement and estimated value, the statutory authority relied on, the contractor’s unique qualifications or other basis for using the authority, efforts to solicit as many sources as practicable, public notice considerations under FAR Part 5, the contracting officer’s fair-and-reasonable price determination, market research, additional supporting facts tied to specific authorities, sources that expressed interest, planned actions to improve future competition, and required certifications. It also requires technical or requirements personnel to certify the accuracy and completeness of supporting data, and it adds special content requirements for sole-source 8(a) awards above the $30 million threshold. The practical significance is that a justification is not just a narrative explanation; it is a formal record that must be complete, supportable, and signed off by the right people before the agency can lawfully proceed.
Key Rules
Facts and rationale required
Every justification must contain enough facts and reasoning to support the specific statutory authority cited. A conclusory statement is not enough; the record must show why the exception applies in the particular acquisition.
Minimum content for most justifications
Except for sole-source 8(a) contracts over $30 million, the justification must include the agency and contracting activity, the action being approved, the supplies or services and estimated value, the authority cited, the basis for using that authority, competition efforts, fair and reasonable price determination, market research, other supporting facts, interested sources, future competition actions, and the contracting officer’s certification.
Competition and notice efforts
The justification must describe efforts to solicit as many potential sources as practicable, including whether a synopsis or notice was or will be posted under FAR Subpart 5.2. If no notice is planned, the justification must identify the applicable exception under FAR 5.202.
Market research must be addressed
The justification must describe the market research conducted under FAR Part 10 and its results, or explain why market research was not conducted. This ties the noncompetitive decision to a documented understanding of the market.
Authority-specific supporting facts
The justification must include additional facts that support the cited authority, such as why competition-ready technical data or specifications are unavailable, the estimated duplicated cost for certain follow-on acquisitions under 6.302-1, or the extent and nature of harm to the Government under 6.302-2.
Technical data certification required
Any supporting data prepared by technical or requirements personnel that forms the basis of the justification must be certified as complete and accurate by those personnel. This ensures the factual foundation is validated by the people responsible for the requirement.
Special rule for sole-source 8(a) over $30 million
For sole-source 8(a) contracts above $30 million, the justification must include the agency’s needs, the statutory exception under 19.805-1, a best-interest determination, a fair and reasonable price determination, and any additional matters required by the agency head.
Responsibilities
Contracting Officer
Prepare or ensure preparation of a complete justification; identify the correct authority; document the requirement, market research, competition efforts, and price reasonableness; certify that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief; and ensure the record supports the award decision.
Technical or Requirements Personnel
Provide and certify as complete and accurate any supporting data within their responsibility, such as minimum needs, schedule requirements, technical rationale, or other facts used to justify other than full and open competition.
Agency / Contracting Activity
Ensure the justification identifies the agency and contracting activity, includes any agency-specific matters required for sole-source 8(a) awards over $30 million, and supports the overall approval process for the noncompetitive action.
Head of the Agency Concerned
For sole-source 8(a) contracts over $30 million, specify any additional matters that must be included in the justification beyond the minimum required content.
Requirements or Program Office
Support the justification with accurate descriptions of the need, schedule, technical constraints, and any facts showing why competition is limited or why the cited authority applies.
Practical Implications
This section functions as the documentation backbone for a noncompetitive award; if any required element is missing, the justification may be vulnerable to protest, audit findings, or internal approval delays.
Contracting officers should treat the justification as a fact-based record, not a template exercise. Boilerplate language without market research, authority-specific facts, or a clear rationale is a common weakness.
The requirement to describe solicitation efforts and public notice status means agencies must think about competition outreach even when they are not conducting full and open competition.
Technical and requirements personnel cannot leave the factual support entirely to contracting staff; their certifications matter because many justifications depend on their data about minimum needs, schedule, or technical constraints.
For sole-source 8(a) awards over $30 million, the justification standard is more demanding and agency-specific, so teams should plan early for the additional determinations and any head-of-agency requirements.
Official Regulatory Text
(a) Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited. (b) As a minimum, each justification, except those for sole-source 8(a) contracts over $30 million (see paragraph (d) of this section), shall include the following information: (1) Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition." (2) Nature and/or description of the action being approved. (3) A description of the supplies or services required to meet the agency’s needs (including the estimated value). (4) An identification of the statutory authority permitting other than full and open competition. (5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. (6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies. (7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. (8) A description of the market research conducted (see part 10 ) and the results or a statement of the reason market research was not conducted. (9) Any other facts supporting the use of other than full and open competition, such as: (i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available. (ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1 (a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. (iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government. (10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. (11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. (12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief. (c) Each justification shall include evidence that any supporting data that is the responsibility of technical or requirements personnel ( e.g., verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel. (d) As a minimum, each justification for a sole-source 8(a) contract over $30 million shall include the following information: (1) A description of the needs of the agency concerned for the matters covered by the contract. (2) A specification of the statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract (see 19.805-1 ). (3) A determination that the use of a sole-source contract is in the best interest of the agency concerned. (4) A determination that the anticipated cost of the contract will be fair and reasonable. (5) Such other matters as the head of the agency concerned shall specify for purposes of this section.