---
kind: "section"
citation: "48 C.F.R. § 206.304"
title: "48"
number: "206.304"
heading: "Approval of the justification."
url: "https://uscodex.org/cfr/48/206.304"
---

# §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 noncompetitive 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 sole-source 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.

## Notes

### Amendments

[61 FR 10285, Mar. 13, 1995, as amended at 61 FR 50451, Sept. 26, 1996; 65 FR 39704, June 27, 2000; 80 FR 21657, Apr. 20, 2015; 85 FR 34529, June 5, 2020; 88 FR 73236, Oct. 25, 2023]

### Authority

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

### Source

Source: 56 FR 36303, July 31, 1991, unless otherwise noted.

### Amendments

[61 FR 10285, Mar. 13, 1995, as amended at 61 FR 50451, Sept. 26, 1996; 65 FR 39704, June 27, 2000; 80 FR 21657, Apr. 20, 2015; 85 FR 34529, June 5, 2020; 88 FR 73236, Oct. 25, 2023]