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  • Question

    Is it possible to cite two FAR sole source exceptions in one J&A?


    This response is based on the information provided.  We suggest you discuss with your contracting team, program manager and/or legal department as appropriate. 
    The short answer is "No".  You did not identify which two citations you had in mind which bears on the approach you would take.  We offer the following:
    "FAR subpart 6.3 -- Other Than Full and Open Competition
    6.301 -- Policy.
    (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)."
    The FAR states you must identify the specific authority.  That alone indicates "one, not multiple" reasons as a basis for not competing.  The FAR further states,
    "FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.
    (b) Application. This authority shall be used, if appropriate, in preference to the authority in 6.302-7; it shall not be used when any of the other circumstances is applicable...."
    This again indicates there is a primary reason for needing to do an other than full and open competition. "Only One Responsible Source...." is preferred over only FAR 6.302-7 -- Public Interest.  So if your team is consider FAR 6.302-1 and another exception ( other than FAR 6.3021-7), you should choose the other exception.

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