Government Contracts Monitor

Government Finalizes Rule Requiring Posting of Sole Source Justifications

July 9, 2010

As we reported previously, the Government must use “full and open competition” when it purchases goods or services unless one of seven primary exceptions is met.  When the Government decides to limit competition by using one of these exceptions, it must prepare a “Justification and Approval” (J&A) explaining its rationale.

 While these documents have always been “available for public inspection,” until last year, agencies were not required to post J&As to the greater public on their websites. 

As part of the “New Era of Open Government” federal agencies have been under increased pressure to make contract actions available to the wider public. In accordance with § 844 of the National Defense Authorization Act for F.Y. 2008, federal agencies are now required to post sole source J&As on the agency website and at FebBizOpps within 14 days of contract award. Under the final rule – effective June 16, 2010 – agencies are also to include specific brand-name justifications in solicitation packages. FAR 6.302-1(c)

Increased access to J&A documents allows contractors a better opportunity to protest sole source awards to competitors. This is especially relevant where a contractor can show that it is able to provide a good or services that the J&A has deemed “unavailable” from other sources. FAR 6.302-1(b) To view these documents, visit the Federal Business Opportunities website – fbo.gov – and search for “Justification and Approval (J&A)” under the Opportunities Tab

 

Drafted by: Sam Jack