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FAR and DFARS › DFARS Part 206: Competition Requirements › Subpart 206.3

DFARS 206.304 Approval of the justification.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section identifies who may approve justifications for other than full and open competition under certain circumstances. It allows the Under Secretary of Defense (Acquisition and Sustainment) to delegate approval authority to specified high-ranking officials, and sets the head of the procuring activity as the approval authority for sole-source 8(a) contracts over $100 million, with limited delegation. It matters because it determines which officials can approve these justifications and contracts.

Applies to: Department of Defense contracting officers and approval authorities for justifications and sole-source 8(a) contracts

What it requires

  • For a noncompetitive follow-on acquisition to a previous award for the same supply or service supported by a justification citing FAR 6.302-1, follow the procedures at PGI 206.304(a)(S-70).
  • For a proposed sole-source 8(a) contract exceeding $100 million, the head of the procuring activity is the approval authority.

Key terms: justification · noncompetitive follow-on acquisition · sole-source 8(a) contract · head of the procuring activity · FAR 6.302-1

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a)(4) The Under Secretary of Defense (Acquisition and Sustainment) may delegate this authority to—

(A) An Assistant Secretary of Defense; or

(B) For a defense agency, an officer or employee serving in, assigned, or detailed to that agency who—

(1) If a member of the armed forces, is serving in a rank above brigadier general or rear admiral (lower half); or

(2) If a civilian, is serving in a position with a grade under the General Schedule (or any other schedule for civilian officers or employees) that is comparable to or higher than the grade of major general or rear admiral.

(S-70) For a noncompetitive follow-on acquisition to a previous award for the same supply or service supported by a justification for other than full and open competition citing the authority at FAR 6.302-1, follow the procedures at PGI 206.304(a)(S-70).

(S-71) In accordance with section 823 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), the head of the procuring activity is the approval authority for a proposed sole-source 8(a) contract exceeding $100 million. This authority may only be delegated to an officer or employee who—

(1) If a member of the armed forces, is serving in a rank above brigadier general or rear admiral (lower half); or

(2) If a civilian, is serving in a position with a grade under the General Schedule (or any other schedule for civilian officers or employees) that is comparable to or higher than the grade of major general or rear admiral.

Sections it refers to

  • 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

Sections that refer to it

← 206.303-70 Acquisitions in support of operations in Afghanistan. · 206.305 Availability of the justification. →

Rule changes for DFARS Part 206

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 206.304 Approval of the justification · SpendQuery