# PART 1306 - COMPETITION REQUIREMENTS

Authority: 41 U.S.C. 414; 48 CFR 1.301-1.304.

Source: 75 FR 10570, Mar. 8, 2010, unless otherwise noted.

Subpart 1306.2 - Full and Open Competition After Exclusion of Sources

1306.202 Establishing or maintaining alternative sources.

Subpart 1306.3 - Other Than Full and Open Competition

1306.302 Circumstances permitting other than full and open competition.

1306.302-5 Authorized or required by statute.

1306.303 Justifications.

1306.303-70 Documentation and legal review of justifications.

1306.304 Approval of the justification.

Subpart 1306.5 - Competition Advocates

1306.501 Requirement.

## Subpart 1306.2 - Full and Open Competition After Exclusion of Sources

### 1306.202 Establishing or maintaining alternative sources.

The authority to exclude a source from a contract action in order to establish or maintain an alternate source is set forth in CAM 1301.70

## Subpart 1306.3 - Other Than Full and Open Competition

### 1306.302 Circumstances permitting other than full and open competition.

### 1306.302-5 Authorized or required by statute.

In accordance with Executive Order 13457, a sole source acquisition may not be justified on the basis of any earmark included in any non-statutory source, except when otherwise required by law or when an earmark meets the criteria for funding set out in Executive Order 13457.

### 1306.303 Justifications.

### 1306.303-70 Documentation and legal review of justifications.

The justification for providing for other than full and open competition in accordance with FAR 6.303-2 shall be provided on Form CD-492, Justification for Other than Full and Open Competition. If the estimated value of the procurement is over legal review thresholds, concurrence by the Procurement Counsel is required.

### 1306.304 Approval of the justification.

The designee authorized to approve justifications for other than full and open competition at the dollar thresholds in FAR 6.304 is set forth in CAM 1301.70.

## Subpart 1306.5 - Competition Advocates

### 1306.501 Requirement.

The designee authorized to designate a Competition Advocate for the Department and each procuring activity is set forth in CAM 1301.70.