The contracting officer cannot use the authority of FAR 6.302‑5
Federal acquisition professionals often encounter situations where a sole‑source award seems the most efficient path forward. This article explains what FAR 6.Day to day, misapplying this authority can lead to protest, financial penalties, and damage to agency credibility. 302‑5**—the provision that permits a sole‑source acquisition for certain commercial items. 302‑5 authorizes, outlines the circumstances in which it may be used, and details the specific reasons a contracting officer cannot rely on it. That said, the Federal Acquisition Regulation (FAR) places strict limits on when a contracting officer may invoke the authority found in **FAR 6.By understanding these constraints, acquisition teams can make compliant decisions and avoid costly missteps.
Understanding FAR 6.302‑5
FAR 6.Because of that, 302‑5 falls under Subpart 6. So 3, “Other than Full and Open Competition. ” It addresses sole‑source acquisitions for commercial items when the agency determines that only one source can satisfy the requirement.
| Element | Description |
|---|---|
| Scope | Applies only to acquisitions of commercial items (as defined in FAR 2.101). |
| Justification | Requires a written determination that (1) the item is available only from a single source, (2) the need for the item is urgent, or (3) the use of a sole source is in the best interest of the government. And |
| Approval | Must be approved by the head of the contracting activity (HCA) or a designee with appropriate authority. Even so, |
| Documentation | The justification and approval (J&A) must be retained in the contract file and made available for review. |
| Limitations | The authority cannot be used to circumvent competition requirements when a viable competitive source exists, nor can it be applied to non‑commercial items or services. |
This is where a lot of people lose the thread The details matter here..
In short, FAR 6.302‑5 gives a contracting officer a narrow lane to award a sole‑source contract only when the item is truly commercial and no reasonable alternative source exists.
When the Authority May Be Used
Before discussing why the authority cannot be used, it is helpful to clarify the permissible scenarios. A contracting officer may rely on FAR 6.302‑5 when all of the following conditions are met:
- The item is a commercial item – meaning it is customarily used by the general public or by non‑governmental entities for non‑governmental purposes, and it is sold, leased, or licensed to the general public.
- Only one source can satisfy the requirement – after reasonable market research, the contracting officer finds that no other vendor can provide the item without significant modification.
- Urgent or compelling need – the government’s need for the item is time‑sensitive (e.g., to support a disaster response) or there is a compelling reason that a competitive process would be impractical or detrimental.
- Proper approval – the HCA or authorized delegate signs off on the sole‑source justification.
- Adequate documentation – the J&A includes market research findings, rationale for sole source, and any efforts made to seek competition.
If any of these elements is missing, the contracting officer cannot lawfully invoke FAR 6.302‑5.
Common Reasons a Contracting Officer Cannot Use FAR 6.302‑5
Below are the most frequent situations that render the authority unavailable. Each point explains why the condition fails and what the contracting officer should do instead That's the part that actually makes a difference..
1. The Item Is Not a Commercial Item
FAR 6.302‑5 applies exclusively to commercial items. If the requirement involves a non‑commercial item—such as a specially designed military system, a unique piece of equipment developed solely for government use, or a service that is not offered in the marketplace—the authority is unavailable.
The official docs gloss over this. That's a mistake.
What to do:
- Determine whether the item meets the commercial item definition (FAR 2.101).
- If it is non‑commercial, consider other sole‑source authorities such as FAR 6.302‑3 (sole source for non‑commercial items) or pursue a competitive acquisition.
2. Adequate Market Research Shows Multiple Viable Sources
The core of FAR 6.302‑5 is the determination that only
