1. COMPETITION REQUIREMENTS
FAR Part 6
COMPETITION REQUIREMENTS

2. Scope
FAR Part 6 establishes policies and procedures to promote Full and Open Competition
Also addresses
Full and open competition after exclusion of sources
Other than full and open competition
Competition advocates
FAR Part 6 - Page 2

3. Applicability Subpart 6.001
Applies to ALL acquisitions EXCEPT
Contracts awarded using Simplified Acquisition
Contracts awarded by “other procedures” allowed by statute
Orders under requirements contracts or definite quantity contracts
Orders placed under indefinite-quantity (IQ) if
The IQ was awarded under F&OC and all sources allowed to compete
The IQ was awarded as Other than F&OC and the justification covers the order
Orders placed against Task Order or Delivery Order contracts
FAR Part 6 - Page 3

4. Full and Open Competition (F&OC) Subpart 6.1
COs shall promote F&OC in soliciting offers and awarding Gov’t contracts
COs shall provide for F&OC through the use of Competitive procedures … best suited to the circumstances … and consistent with the need to fulfill Government’s requirements efficiently
FAR Part 6 - Page 4

5. Competitive Procedures Subpart 6.102
Competitive Procedures available include:
Sealed Bids
Competitive Proposals
Combination of competitive procedures e.g., two step sealed bids
Other competitive procedures
Using the FAR Part 36 procedures for Construction & Architect-Engineer contracts
Using the FAR Part 35 (R&D) procedures for BAAs
Use of Multiple Award Schedules from the GSA
FAR Part 6 - Page 5

6. Full and Open Competition After Exclusion of Sources Subpart 6.2
Still required to use “Competitive Procedures”
May exclude a source to establish or maintain an alternative source (Requires a D&F)
Must result in increasing or maintaining competition
Be in interest of National Defense
Ensure continuous availability of a reliable source of supply
Satisfy projected needs or critical need for supplies
Small Business Set-aside – FAR 19.5
Section 8a Competition – FAR 19.8
Hub Zone Set-aside – FAR
Service Disabled Veterans Set aside – FAR
EDWOSB or WOSB – FAR
Local firms following major disaster or emergency – FAR 26.2
FAR Part 6 - Page 6

7. Other than Full and Open Competition Subpart 6.3
Is a violation of statute unless permitted by an exception
Each contract so awarded must reference the specific authority under which it was awarded
May NOT be justified based on urgency due to lack of planning or expiration of funds.
FAR Part 6 - Page 7

8. Circumstances Permitting Other than Full and Open Competition Subpart 6.302
Only one responsible source and no other supplies or services will satisfy agency requirements (long list of attributes) - FAR (discussed in detail on next few slides)
Unusual and Compelling Urgency –
Industry Mobilization; engineering developmental or research capabilities; or expert services –
Required by International Agreement –
Authorized or required by statute
National Security –
Public Interest
FAR Part 6 - Page 8

9. Only One Responsible Source
Unsolicited research proposal demonstrating
unique and innovative technique
not otherwise available to the Government
Does not resemble the substance of a pending solicitation
Follow-on contract for continued development of system or specialized equipment if
Would result in substantial duplication of cost or unacceptable delays
Follow-on Services
if would result in substantial duplication of costs or unacceptable delays
FAR Part 6 - Page 9

10. Only One Responsible Source Justification Required When
Reasonable basis to conclude agency’s minimum needs can only be met by
Unique supplies or services available from only one source with unique capabilities (Civilian)
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
The existence of intellectual property rights or secret processes make supplies and services available from only one source
Utility services
When agency head has determined the agency standardize on one specified makes/models of equipment
FAR Part 6 - Page 10

11. Only One Responsible Source Brand Names
Use of brand name does not promote full and open competition regardless of number of sources solicited
Any brand name procurement must be approved by a justification for other than full and open competition (aka “Sole Source”)
“Brand name or equal” is acceptable if it permits suppliers to provide other brands of supplies or equipment that meet the essential requirements
FAR Part 6 - Page 11

12. Only One Responsible Source Justification Process
CO must
justify decision in writing (See required content in )
certify the accuracy and completeness of the justification
obtain required approval
Certification shall contain sufficient facts and rationale to justify the use of the authority cited
Justification shall be approved in writing by:
CO if < $650k and agency does not establish higher limit
Competition Advocate if > $650K and < $12.5M
The head of the procuring activity if > $12.5M and < $62.5M (< $85.5M if DoD, NASA, and Coast Guard) who is:
A general or flag officer
If a civilian, above GS-15
The Senior Procurement Executive of the procuring activity who is designated by agency procedures if >$62.5M (>$85.5M if DoD, NASA, and the Coast Guard)
Justification shall be made a public record within 14 days following contract award.
FAR Part 6 - Page 12

13. Sealed Bidding and Competitive Proposals Subpart 6.4
Both are acceptable procedures when appropriate
Sealed Bids
Time must permit the solicitation, submission and evaluation of bids
The award will be based on the basis of price and other price related factors
Discussions not required
Reasonable expectation of receiving more than one bid.
Competitive proposals
May be requested if sealed bids not appropriate
If discussions are required prior to award.
Typically applies to contracts awarded outside U.S. territory
FAR Part 6 - Page 13

14. Competition Advocates
One designated for each executive agency and one for each procuring activity
Responsible for
promoting acquisition of commercial items
promoting full and open competition
challenging requirements written so as to limit competition
Report on actions taken to advance the above actions as well as ensuring task order awards over $1M are properly planned and comply with other FAR requirements
Recommend goals and plans for increasing competition.
FAR Part 6 - Page 14