FAR 6.304 — Approval of the justification

Regulatory text. Not legal advice.

(a)

(a) Except for paragraph (b) of this section, the justification for other than full and open competition shall be approved in writing—

(1) For a proposed contract not exceeding $900,000, the contracting officer’s certification required by [FAR 6.303-2](12) will serve as approval unless a higher approving level is established in agency procedures.

(2) For a proposed contract over 20 million, by the advocate for competition for the procuring activity designated pursuant to FAR 6.501 or an official described in paragraph (a)(3) or (4) of this section. This authority is not delegable.

(3) For a proposed contract over 90 million, or, for DoD, NASA, and the Coast Guard, not exceeding $150 million, by the head of the procuring activity, or a designee who—

(i) If a member of the armed forces, is a general or flag officer; or

(ii) If a civilian, is serving in a position in a grade above GS-15 under the General Schedule (or in a comparable or higher position under another schedule).

(4) For a proposed contract over 150 million, by the senior procurement executive of the agency designated pursuant to 41 U.S.C. 1702(c) in accordance with agency procedures. This authority is not delegable except in the case of the Under Secretary of Defense for Acquisition and Sustainment, acting as the senior procurement executive for the Department of Defense.

(b)

(b) Any justification for a contract awarded under the authority of FAR 6.302-7, regardless of dollar amount, shall be considered approved when the determination required by [FAR 6.302-7](1) is made.

(c)

(c) A class justification for other than full and open competition shall be approved in writing in accordance with agency procedures. The approval level shall be determined by the estimated total value of the class.

(d)

(d) The estimated dollar value of all options shall be included in determining the approval level of a justification.


Citation history: [50 FR 1729, Jan. 11, 1985, as amended at 50 FR 52433, Dec. 23, 1985; 54 FR 13023, Mar. 29, 1989; 55 FR 3881, Feb. 5, 1990; 55 FR 52790, Dec. 21, 1990; 60 FR 42654, 42665, Aug. 16, 1995; 61 FR 31618, June 20, 1996; 65 FR 24325, Apr. 25, 2000; 70 FR 11739, Mar. 9, 2005; 71 FR 57366, Sept. 28, 2006; 75 FR 53132, Aug. 30, 2010; 76 FR 14562, Mar. 16, 2011; 79 FR 24198, Apr. 29, 2014; 80 FR 38296, July 2, 2015; 84 FR 19843, May 6, 2019; 85 FR 62487, Oct. 2, 2020; 90 FR 41876, Aug. 27, 2025]


Source: eCFR • Pulled 2026-04-16