Citing Multiple FAR 6.302 Authorities in a JOFOC

[Troy]

FAR doesn't expressly prescribe the limitations for citing multiple authorities to justify circumstances for permitting other than full and open competition. At times I have come across J&A's having cited both 6.302-1 "only one source..." and 6.302-2 "unusual and compelling urgency".

Is anyone aware of guidance which suggests that citing multiple FAR 6.302 authorities is allowable or even necessary?

[Don Mansfield]

Specifically regarding FAR 6.302-1, paragraph ( b ) states:

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.

[ji20874]

FAR 6.301( b ) says, "Each contract awarded without providing for full and open competition shall contain a reference to the specific authority under which it was so awarded." This seems to ask for only one exception.

As Don points out i his citation, you cannot use the -1 authority with any other authority.

[bob7947]

I seem to remember that GAO said--pick one and live with it. I'll look for it.

I could not find a decision but I thought I read one over the years.

[uva383]

Bob,

I couldn't find a GAO case, but I do remember a recent COFC case, Innovation Development Enterprises of America, Inc. v. The United States, No. 11-217 C (Ct. Cl. Jan. 29, 2013) where the Air Force relied on FAR 6.302-1 and 6.302-2 which was misplaced since FAR 6.302-1( b ) forbids reliance on FAR 6.302-1 when 6.302-2 is applicable.

Judge Lynn Bush noted that

The Court is unaware of any prior attempt to rely on both of these authorities for the same sole source award. If a Contracting Officer is faced with a situation where unusual and compelling circumstances exist, it is impermissible to rely on the only one responsible source provision to justify a sole source award. FAR 6.302-1( b ) "forces the agency to solicit offers from as many sources as is practicable, in situations of unusual and compelling urgency, before resorting to soliciting offers from only a single source, in circumstances which may also present unusual and compelling urgency. The goal is to obtain maximum competition.

The Court held that the Air Force’s actions constituted a significant violation of CICA and that IDEA was prejudiced by the sole-source contract.

[Troy]

Thanks gentlemen, your responses all confirm my initial feeling on the matter. I appreciate everyone's insight.