SUBPART 206.3--OTHER THAN FULL AND
(Revised June 27, 2000)
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.
(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-
(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
(4) Do not use this authority unless
the equipment or parts have been adopted as standard items of supply in
accordance with DoDI 5000.2, Defense Acquisition Management Policies and
(b) Application. The circumstances
under which use of this authority may be appropriate include, but are not
limited to, the following:
206.302-3 Industrial mobilization; or
engineering, development, or research capability.
(i) Supplies, services, or construction
needed at once because of fire, flood, explosion, or other disaster;
(ii) Essential equipment or repair needed
at once to-
(A) Comply with orders for a ship;
(iii) Construction needed at once to preserve
a structure or its contents from damage;
(B) Perform the operational mission
of an aircraft; or
(C) Preclude impairment of launch capabilities
or mission performance of missiles or missile support equipment.
(iv) Purchase requests citing an issue
priority designator under DoDD 4410.6, Uniform Material Movement and Issue
Priority System, of 4 or higher, or citing "Electronic Warfare QRC Priority."
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. 2304(f)(2)(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
(b) Application. Agencies may
use this authority to-
206.302-7 Public interest.
(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)).
(i) 10 U.S.C. 2361 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
(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.
(1) States that the statute
modifies or supersedes the provisions of 10 U.S.C. 2361,
(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 Director of Defense Procurement and Acquisition Policy,
Office of the Under Secretary of Defense (Acquisition, Technology, and
(2) Identifies the particular
college or university involved, and
(3) States that award is being
made in contravention of 10 U.S.C. 2361(a); and
(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-by-case basis.
(c) Limitations. For the defense
agencies, the written determination to use this authority must be made
by the Secretary of Defense.
(b) Technical and requirements personnel
must obtain any review and approval required by department or agency procedures
before submission of a recommendation for other than full and open competition
to the contracting officer.
(c) When conditions warrant, a class
justification may provide for award of multiple contracts extending across
more than one program phase.
(a) Include sufficient information
in the justification to permit its approval as a stand-alone document,
even though agency procedures may require supplementary documentation.
206.304 Approval of the justification.
(a)(4) The Under Secretary of Defense
(Acquisition, Technology, and Logistics) may delegate this authority to-
(A) An Assistant Secretary of Defense;
(B) For a defense agency, an officer
or employee serving in, assigned, or detailed to that agency who¾
(1) If a member of the armed
forces, is serving in a rank above brigadier general or rear admiral (lower
(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.