INDUSTRIAL MOBILIZATION; OR ENGINEERING, DEVELOPMENTAL, OR RESEARCH CAPABILITY
Guidance regarding use of this authority is at FAR 6.302-3. It applies when it is necessary to award the contract to a particular source or sources in order to (i) maintain a facility, producer, manufacturer, or other supplier in case of national emergency or to achieve industrial mobilization or (ii) to establish or maintain an essential engineering, research or development capability provided by an educational or non-profit institution or federally funded research and development center. Solicitations for other than full and open competition will not be released until the J&A has been approved when citing this authority.
When Applicable:
This authority has been used to authorize non-competitive renewal of contracts with Federally Funded Research and Development Centers (FFRDCs). Its use with development or production contracts would be unusual and would require some form of national emergency such as war or high level direction relating to industrial mobilization or protection of a valuable defense industry. FAR 6.302-3(b) lists several examples where the use of this authority may be appropriate.
Key Points for the Justification:
The most important part of justifications citing this authority is demonstrating the need to maintain the capability possessed by the identified source(s). Some form of market survey may be critical in demonstrating the uniqueness of this capability. In the case of a FFDRC, however, that uniqueness is normally inherent in the source's designation as an FFRDC. If it is inappropriate to pursue actions to foster future competition, be sure to explain why no actions are planned or underway.