FAR 6.303—Justifications.

Requirements.

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.

Content.

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.