---
kind: "section"
citation: "48 C.F.R. § 6.301"
title: "48"
number: "6.301"
heading: "Policy."
url: "https://uscodex.org/cfr/48/6.301"
---

# §6.301. Policy.

- (a) 41 U.S.C. [3304](/usc/41/3304.md) and [10](/usc/41/10.md) U.S.C. 3204) each authorize, under certain conditions, contracting without providing for full and open competition. The Department of Defense, Coast Guard, and National Aeronautics and Space Administration are subject to [10 U.S.C. 3204](/usc/10/3204.md). Other executive agencies are subject to [41 U.S.C. 3304](/usc/41/3304.md). Contracting without providing for full and open competition or full and open competition after exclusion of sources is a violation of statute, unless permitted by one of the exceptions in 6.302.
- (b) Each contract awarded without providing for full and open competition shall contain a reference to the specific authority under which it was so awarded. Contracting officers shall use the U.S. Code citation applicable to their agency. (See 6.302.)
- (c) Contracting without providing for full and open competition shall not be justified on the basis of—
  - (1) A lack of advance planning by the requiring activity; or
  - (2) Concerns related to the amount of funds available (e.g., funds will expire) to the agency or activity for the acquisition of supplies or services.
- (d) When not providing for full and open competition, the contracting officer shall solicit offers from as many potential sources as is practicable under the circumstances.
- (e) For contracts under this subpart, the contracting officer shall use the contracting procedures prescribed in 6.102 (a) or (b), if appropriate, or any other procedures authorized by this regulation.

## Notes

### Amendments

[50 FR 1729, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985, as amended at 79 FR 24198, Apr. 29, 2014; 84 FR 19842, May 6, 2019; 87 FR 73896, Dec. 1, 2022]

### 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; 50 FR 52429, Dec. 23, 1985, as amended at 79 FR 24198, Apr. 29, 2014; 84 FR 19842, May 6, 2019; 87 FR 73896, Dec. 1, 2022]