6.103-1 Only one responsible source and no other supplies or services will satisfy agency requirements.
(a) Authority. 10 U.S.C. 3204(a)(1) or 41 U.S.C. 3304(a)(1).
(b) One responsible source. Agencies may contract without providing for full and open competition when the supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements. For DoD, NASA, and the Coast Guard, this authority extends to situations where only a limited number of responsible sources can satisfy agency requirements.
(c) Supplies and services may be deemed as available from only one source under this authority under the following circumstances
(1) When an unsolicited research proposal shows a unique and innovative concept (see definition at 2.101) the substance of which is not otherwise available to the Federal Government and does not resemble the substance of a pending competitive acquisition. For DoD, NASA, and the Coast Guard, this authority extends to situations where a source demonstrates a unique capability to provide the particular research services proposed.
(2) When awarding a follow-on contract for the continued development or production of a major system or highly specialized equipment and, for DoD, NASA, and the Coast Guard, for the continued provision of highly specialized services, would result in
(i) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or
(ii) Unacceptable delays in fulfilling the agency's requirements.
(d) Application for brand-name descriptions. Except as authorized at 6.103-5, use of brand-name descriptions, or specification of attributes peculiar to one manufacturer, prevents full and open competition and should only be used when justified and approved according to 6.104. This does not apply to brand name or equal descriptions as they provide for full and open competition.
