48 CFR Part 1306 — Competition Requirements

Authority: 41 U.S.C. 414; 48 CFR 1.301-1.304.

Source: 75 FR 10570, Mar. 8, 2010, unless otherwise noted.

Title 48 Federal Acquisition Regulations System

Chapter 13 Department of Commerce

Subchapter B Competition and Acquisition Planning

Part 1306 Competition Requirements

Subpart 1306.2 Full and Open Competition After Exclusion of Sources

§ 1306.202 1306.202 Establishing or maintaining alternative sources.

The authority to exclude a source from a contract action in order to establish or maintain an alternate source is set forth in CAM 1301.70

Subpart 1306.3 Other Than Full and Open Competition

§ 1306.302 1306.302 Circumstances permitting other than full and open competition.

§ 1306.302-5 1306.302-5 Authorized or required by statute.

In accordance with Executive Order 13457, a sole source acquisition may not be justified on the basis of any earmark included in any non-statutory source, except when otherwise required by law or when an earmark meets the criteria for funding set out in Executive Order 13457.

§ 1306.303 1306.303 Justifications.

§ 1306.303-70 1306.303-70 Documentation and legal review of justifications.

The justification for providing for other than full and open competition in accordance with FAR 6.303-2 shall contain sufficient facts and rationale to justify the use of the authority cited and include all of the content set forth in FAR 6.303-2 as appropriate for the cited authority. If the estimated value of the procurement is over legal review thresholds, review by the Procurement Counsel is required.

[89 FR 59673, July 23, 2024]

§ 1306.304 1306.304 Approval of the justification.

The designee authorized to approve justifications for other than full and open competition at the dollar thresholds in FAR 6.304 is set forth in CAM 1301.70.

Subpart 1306.5 Competition Advocates

§ 1306.501 1306.501 Requirement.

The designee authorized to designate a Competition Advocate for the Department and each procuring activity is set forth in CAM 1301.70.