PUBLIC INTEREST

Guidance regarding use of this authority is at FAR 6.302-7.  Use of this authority is extremely rare.  It applies when the Secretary of Defense, Secretaries of the Services or head of any executive agency determines that the use of full and open competition is not in the public interest for the particular acquisition concerned. This authority may only be used when the Secretary of Defense, Secretaries of the Services, or head of any executive agency makes a written determination and findings (reference FAR Part 1.7) and Congress is notified in writing of this determination not less than 30 days prior to award of the contract.  The contracting officer must prepare a justification to support the secretarial determination and may not release the solicitation until the determination has been approved.

When applicable:

This authority may only be used when none of the other authorities is appropriate.  The determination may not be made on a class basis.

Key Points for the Justification:

Describe the reasons full and open competition is not in the public interest and why no other authority is appropriate for use.