FAR Companion Part 6

Part 6 - Competition Requirements

FC6.103(b)(1) FC 6.103(b)(1) Use planning to optimize competition and innovation.

Early acquisition planning creates opportunities to structure your approach for maximum competition and innovation and may reduce the need to use FAR part 6 exceptions to competition. With proper planning, you can break large requirements into smaller, more competitive packages; explore commercial solutions before developing custom requirements; and design evaluation criteria that reward innovative approaches. Identify and address potential barriers to competition, whether they stem from current contractor advantages, unique requirements, or market limitations. When you start planning early, you have time to develop multiple qualified sources, standardize requirements to enable broader competition, and work with industry to build capabilities before Federal Acquisition Regulation (FAR) Companion you need them. This proactive approach to acquisition planning often results in better solutions, lower costs, and a more robust vendor base for future requirements. Some competition exceptions may still be necessary due to legitimate market limitations or unique requirements. Thoughtful planning helps ensure that when you do use exceptions to competition, it’s based on genuine market conditions rather than poor planning and shows you considered the long-term impacts or risks presented by limiting competition. When using exception authorities, consider the implications for future competition requirements.

FC6.104 FC 6.104 Preparing a strong Justification and Approval (J&A).

The J&A should tell a clear story about why this particular approach serves the government's interests, what alternatives you considered, and why they won't work. Focus on the mission impact and practical realities rather than merely providing legal citations. A compelling narrative that demonstrates genuine market analysis and thoughtful decision-making will persuade approving officials and be more readily defended if challenged. Federal Acquisition Regulation (FAR) Companion A J&A isn't just a compliance document—it's document. It's your opportunity to show your sound acquisition planning and stewardship of taxpayer dollars. Therefore, treat your market research as the cornerstone of your justification, not an afterthought. Market research under FAR 6.104-1(a)(8) should explore not just who can provide what you need, but how the market actually works, what drives pricing and innovation, and what barriers exist to broader competition. When you conclude that only one source can meet your needs, your market research should clearly show why others cannot—whether due to technical capabilities, experience requirements, timeline constraints, or other legitimate factors. If you invest time and effort into understanding the marketplace, what you learn will make the rest of your justification more convincing to your audience, as well as easier to write.

FC6.104-1 FC 6.104-1 Match J&A authority to reality.

Misaligned authorities create approval delays and undermine your justification. Always choose the legal exception authority based on the actual circumstances driving your acquisition.