Part 206 - COMPETITION REQUIREMENTS

206.000 Scope of part.

206.001 Applicability.

206.001-70 Exception for prototype projects for follow-on production contracts.

Subpart 206.1 - FULL AND OPEN COMPETITION

206.102 Use of competitive procedures.

206.102-70 Other competitive procedures.

Subpart 206.2 - FULL AND OPEN COMPETITION AFTER EXCLUSION OF SOURCES

206.202 Establishing or maintaining alternative sources.

Subpart 206.3 - OTHER THAN FULL AND OPEN COMPETITION

206.302 Circumstances permitting other than full and open competition.

206.302-1 Only one responsible source and no other supplies or services will satisfy agency

requirements.

206.302-2 Unusual and compelling urgency.

206.302-3 Industrial mobilization, engineering, developmental, or research capability, or expert

services.

206.302-3-70 Solicitation provision.

206.302-4 International agreement.

206.302-5 Authorized or required by statute.

206.302-7 Public interest.

206.303 Justifications.

206.303-1 Requirements.

206.303-2 Content.

206.303-70 Acquisitions in support of operations in Afghanistan.

206.304 Approval of the justification.

206.305 Availability of the justification.

Parent topic: Defense Federal Acquisition Regulation
206.000 Scope of part.

For information on the various approaches that may be used to competitively fulfill DoD

requirements, see PGI 206.000 .

206.001 Applicability.

(b) As authorized by 10 U.S.C. 1091, contracts awarded to individuals using the procedures at

237.104 (b)(ii) are exempt from the competition requirements of FAR Part 6.

206.001-70 Exception for prototype projects for follow-on production

contracts.

(a) Also excepted from this part are follow-on production contracts for products developed pursuant

to the “other transactions” authority of 10 U.S.C. 4022 for prototype projects, when the contracting

officer receives sufficient documentation from the agreements officer issuing the other transaction

agreement for the prototype project that—

(1) The other transaction solicitation and agreement included provisions for a follow-on production

contract (10 U.S.C. 4022(f)(1)); and

(2) Where applicable, the threshold at 10 U.S.C. 4022(a)(2)(C) and the requirements at 10 U.S.C.

4022(f)(2)(A) and (B) have been met.

(b) See PGI 206.001-70 for additional guidance.

Subpart 206.1 - FULL AND OPEN COMPETITION

206.102 Use of competitive procedures.

(d) Other competitive procedures.

(2) In lieu of FAR 6.102(d)(2), competitive selection of science and technology proposals resulting

from a broad agency announcement with peer or scientific review, as described in 235.016 (a) (10

U.S.C. 3012(2)).

206.102-70 Other competitive procedures.

Competitive selection of proposals based on a review by scientific, technological, or other subjectmatter expert peers resulting from a commercial solutions opening as described in subpart 212.70

(10 U.S.C. 3458) is a competitive procedure.
Subpart 206.2 - FULL AND OPEN COMPETITION AFTER

EXCLUSION OF SOURCES

206.202 Establishing or maintaining alternative sources.

(a) Agencies may use this authority to totally or partially exclude a particular source from a contract

action.

(b) The determination and findings (D&F) and the documentation supporting the D&F shall identify

the source to be excluded from the contract action. Include the information at PGI 206.202 (b), as

applicable, and any other information that may be pertinent, in the supporting documentation.

Subpart 206.3 - OTHER THAN FULL AND OPEN

COMPETITION

206.302 Circumstances permitting other than full and open competition.

206.302-1 Only one responsible source and no other supplies or services will satisfy agency

requirements.

(a) Authority.

(2)(i) Section 8059 of Pub. L. 101-511 and similar sections in subsequent defense appropriations

acts, prohibit departments and agencies from entering into contracts for studies, analyses, or

consulting services (see FAR Subpart 37.2) on the basis of an unsolicited proposal without providing

for full and open competition, unless—

(1)The head of the contracting activity, or a designee no lower than chief of the contracting office,

determines that—

(i) Following thorough technical evaluation, only one source is fully qualified to perform the

proposed work;

(ii) The unsolicited proposal offers significant scientific or technological promise, represents the

product of original thinking, and was submitted in confidence; or

(iii) The contract benefits the national defense by taking advantage of a unique and significant

industrial accomplishment or by ensuring financial support to a new product or idea;

(2) A civilian official of the DoD, whose appointment has been confirmed by the Senate, determines

the award to be in the interest of national defense; or

(3)The contract is related to improvement of equipment that is in development or production.

(b) Application. This authority may be used for acquisitions of test articles and associated support

services from a designated foreign source under the DoD Foreign Comparative Testing Program.
(c) Application for brand-name descriptions.

(2) Notwithstanding FAR 6.302-1(c)(2), in accordance with section 888(a) of the National Defense

Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in

FAR 6.303 is required in order to use brand name or equal descriptions.

(d) Limitations. Follow the procedures at PGI 206.302-1 (d) prior to soliciting a proposal without

providing for full and open competition under this authority.

(S-70) Application for proprietary specifications or standards. In accordance with section 888(a) of

the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and

approval addressed in FAR 6.303 is required in order to use proprietary specifications and

standards.

206.302-2 Unusual and compelling urgency.

(b) Application. For guidance on circumstances under which use of this authority may be

appropriate, see PGI 206.302-2 (b).

206.302-3 Industrial mobilization, engineering, developmental, or research capability, or

expert services.

206.302-3-70 Solicitation provision.

Use the provision at 252.206-7000 , Domestic Source Restriction, in all solicitations that are

restricted to domestic sources under the authority of FAR 6.302-3.

206.302-4 International agreement.

(c) Limitations. Pursuant to 10 U.S.C. 3204(e)(4)(E), the justifications and approvals described in

FAR 6.303 and 6.304 are not required if the head of the contracting activity prepares a document

that describes the terms of an agreement or treaty or the written directions, such as a Letter of

Offer and Acceptance, that have the effect of requiring the use of other than competitive procedures

for the acquisition.

206.302-5 Authorized or required by statute.

(b) Application. Agencies may use this authority to—

(i) Acquire supplies and services from military exchange stores outside the United States for use by

the armed forces outside the United States in accordance with 10 U.S.C. 2424(a) and subject to the

limitations of 10 U.S.C. 2424(b). The limitations of 10 U.S.C. 2424(b)(1) and (2) do not apply to the

purchase of soft drinks that are manufactured in the United States. For the purposes of 10 U.S.C.

2424, soft drinks manufactured in the United States are brand name carbonated sodas,

manufactured in the United States, as evidenced by product markings.
(ii) Acquire police, fire protection, airfield operation, or other community services from local

governments at military installations to be closed under the circumstances in 237.7401 (Section

2907 of Fiscal Year 1994 Defense Authorization Act (Pub. L. 103-160)).

(c) Limitations.

(i) 10 U.S.C. 4141 precludes use of this exception for awards to colleges or universities for the

performance of research and development, or for the construction of any research or other facility,

unless—

(A) The statute authorizing or requiring award specifically—

(1) States that the statute modifies or supersedes the provisions of 10 U.S.C. 4141;

(2) Identifies the particular college or university involved; and

(3) States that award is being made in contravention of 10 U.S.C. 4141(a); and

(B) The Secretary of Defense provides Congress written notice of intent to award. The contract

cannot be awarded until 180 days have elapsed since the date Congress received the notice of intent

to award. Contracting activities must submit a draft notice of intent with supporting documentation

through channels to the Principal Director, Defense Pricing and Contracting, Office of the Under

Secretary of Defense (Acquisition and Sustainment).

(ii) The limitation in paragraph (c)(i) of this subsection applies only if the statute authorizing or

requiring award was enacted after September 30, 1989.

(iii) Subsequent statutes may provide different or additional constraints on the award of contracts to

specified colleges and universities. Contracting officers should consult legal counsel on a case-bycase basis.

206.302-7 Public interest.

(c) Limitations. For the defense agencies, the written determination to use this authority must be

made by the Secretary of Defense.

206.303 Justifications.

206.303-1 Requirements.

(a) In accordance with section 823 of the National Defense Authorization Act for Fiscal Year 2020

(Pub. L. 116-92), no justification and approval is required for a sole-source contract under the 8(a)

authority (15 U.S.C. 637(a)) for an amount not exceeding $100 million.

(b) In lieu of FAR 6.303-1(b), in accordance with section 823 of the National Defense Authorization

Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers shall not award a sole source contract

under the 8(a) authority (15 U.S.C. 637(a)) for an amount exceeding $100 million unless—

(1) The contracting officer justifies the use of a sole source contract in writing in accordance with
FAR 6.303-2;

(2) The justification is approved in accordance with 206.304(a)(S-71); and

(3) The justification and related information are made public after award in accordance with FAR

6.305

206.303-2 Content.

(b)(i) In lieu of the threshold at FAR 6.303-2(b), each justification shall include the information at

FAR 6.303-2(b), except for sole-source 8(a) contracts over $100 million (see paragraph (d) of this

section).

(ii) Include the information required by PGI 206.303-2 (b)(i) in justifications citing the authority at

FAR 6.302-1.

(d) In lieu of the threshold at FAR 6.303-2(d), each justification for a sole-source 8(a) contract over

$100 million shall include the information at FAR 6.303-2(d).

206.303-70 Acquisitions in support of operations in Afghanistan.

The justification and approval addressed in FAR 6.303 is not required for acquisitions conducted

using a procedure specified in 225.7703-1 (a).

206.304 Approval of the justification.

(a)(4) The Under Secretary of Defense (Acquisition and Sustainment) may delegate this authority

to—

(A) An Assistant Secretary of Defense; or

(B) For a defense agency, an officer or employee serving in, assigned, or detailed to that agency

who—

(1)If a member of the armed forces, is serving in a rank above brigadier general or rear admiral

(lower half); or

(2) If a civilian, is serving in a position with a grade under the General Schedule (or any other

schedule for civilian officers or employees) that is comparable to or higher than the grade of major

general or rear admiral.

(S-70) For a non-competitive follow-on acquisition to a previous award for the same supply or service

supported by a justification for other than full and open competition citing the authority at FAR

6.302-1, follow the procedures at PGI 206.304 (a)(S-70).

(S-71) In accordance with section 823 of the National Defense Authorization Act for Fiscal Year 2020

(Pub. L. 116-92), the head of the procuring activity is the approval authority for a proposed solesource 8(a) contract exceeding $100 million. This authority may only be delegated to an officer or
employee who—

(1) If a member of the armed forces, is serving in a rank above brigadier general or rear admiral

(lower half); or

(2) If a civilian, is serving in a position with a grade under the General Schedule (or any other

schedule for civilian officers or employees) that is comparable to or higher than the grade of major

general or rear admiral.

206.305 Availability of the justification.

See PGI 206.305 for further guidance on the requirements for preparing, obtaining approval, and

posting justification and approval documents for contracts awarded using the authority of FAR

6.302-2.