5.  Content of Justification

Comment: A number of respondents recommended that the language at FAR 6.303-2(d)(5) be amended in the final rule to clarify the other matters the head of the agency should consider when justifying and approving the award of a sole-source 8(a) contract in excess of $20 million. These considerations should include Native American economic development and meeting agency small business goals.

Response: FAR 6.303-2(d)(5), as currently written, requires agency heads to address "Such other matters as the head of the agency concerned shall specify for purposes of this section." This gives agency heads the discretion to consider Native American economic development and meeting agency small business goals, as well as other relevant matters when justifying and approving the award of a sole-source 8(a) contract.