---
kind: "section"
citation: "48 C.F.R. § 6.202"
title: "48"
number: "6.202"
heading: "Establishing or maintaining alternative sources."
url: "https://uscodex.org/cfr/48/6.202"
---

# §6.202. Establishing or maintaining alternative sources.

- (a) Agencies may exclude a particular source from a contract action in order to establish or maintain an alternative source or sources for the supplies or services being acquired if the agency head determines that to do so would—
  - (1) Increase or maintain competition and likely result in reduced overall costs for the acquisition, or for any anticipated acquisition;
  - (2) Be in the interest of national defense in having a facility (or a producer, manufacturer, or other supplier) available for furnishing the supplies or services in case of a national emergency or industrial mobilization;
  - (3) Be in the interest of national defense in establishing or maintaining an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center;
  - (4) Ensure the continuous availability of a reliable source of supplies or services;
  - (5) Satisfy projected needs based on a history of high demand; or
  - (6) **Satisfy a critical need for medical, safety, or emergency supplies.**
- (b)
  - (1) Every proposed contract action under the authority of [paragraph (a)](#a) of this section shall be supported by a determination and findings (D&F) (see [subpart 1.7](/cfr/48/subpart1.7.md)) signed by the head of the agency or designee. This D&F shall not be made on a class basis.
  - (2) Technical and requirements personnel are responsible for providing all necessary data to support their recommendation to exclude a particular source.
  - (3) When the authority in (a)(1) of this section is cited, the findings shall include a description of the estimated reduction in overall costs and how the estimate was derived.

## Notes

### Amendments

[50 FR 1729, Jan. 11, 1985, as amended at 60 FR 42653, Aug. 16, 1995; 84 FR 19842, May 6, 2019]

### Authority

Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 50 FR 1729, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985, unless otherwise noted.

### Amendments

[50 FR 1729, Jan. 11, 1985, as amended at 60 FR 42653, Aug. 16, 1995; 84 FR 19842, May 6, 2019]