Guide to FAR Statutory Citations for Sole Source J&A

The Federal Acquisition Regulation (FAR) specifies conditions under which a contracting agency may award contracts without full and open competition. Each condition is associated with a specific citation and statutory authority under 10 U.S.C. 2304(c).

Statutory Citations and Descriptions

FAR Citation Description 10 U.S.C. 2304
6.302-1 Only one responsible source (C)(1)
6.302-2 Unusual and compelling urgency (C)(2)
6.302-3 Industrial mobilization (C)(3)
6.302-4 International agreement (C)(4)
6.302-5 Authorized or required by statute (C)(5)
6.302-6 National security (C)(6)
6.302-7 Public interest (C)(7)

Detailed Descriptions

 

  • FAR 6.302-1: Only One Responsible Source

    ★  Use this citation when only one supplier or contractor is capable of fulfilling the agency’s needs due to unique qualifications, patents, copyrights, or proprietary systems.

     

  • FAR 6.302-2: Unusual and Compelling Urgency

    ★  Applicable for contracts where delay would result in serious injury to the Government’s interest, such as during emergencies or critical mission needs.

     

  • FAR 6.302-3: Industrial Mobilization

    ★  Reserved for contracts necessary for establishing or maintaining critical industrial capabilities, typically in preparation for defense or national security purposes.

     

  • FAR 6.302-4: International Agreement

    ★  Used for contracts specifically required under international treaties, agreements, or foreign policy arrangements.

     

  • FAR 6.302-5: Authorized or Required by Statute

    ★  Applies when laws or regulations mandate specific contracting actions, including preferences for certain socioeconomic programs.

     

  • FAR 6.302-6: National Security

    ★  Invoked when the disclosure of the Government’s needs or competition could compromise national security.

     

  • FAR 6.302-7: Public Interest

    ★  A catch-all justification where the head of the agency determines that competition is not in the public’s best interest. This requires high-level approvals.

     

Example

A contract awarded under FAR 6.302-1 (Only One Responsible Source) would cite 10 U.S.C. 2304(c)(1) as its statutory authority.

 

Usage in Sole Source J&A

These citations provide the legal framework for justifying sole source contracts. Contracting officers must align their justification with the most applicable FAR clause and obtain required approvals. Each justification must demonstrate compliance with the conditions under 10 U.S.C. 2304(c).