FAR and DFARS › FAR Part 5: Publicizing Contract Actions › Subpart 5.4
FAR 5.406 Public disclosure of justification documents for certain contract actions.
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 requires agencies to publicly post certain justification documents when they award contracts without full and open competition. It matters to contractors because it tells them where and when those justifications become publicly available, depending on the type of contract action.
Applies to: Agencies posting justifications for non-competitive contract actions
What it requires
- Post justifications and approvals for other than full and open competition in accordance with 6.305
- Post limited-source justifications (excluding brand name) for FSS orders or blanket purchase agreements above the simplified acquisition threshold in accordance with 8.405-6(a)(2)
- Post justifications for task or delivery orders above the simplified acquisition threshold awarded without fair opportunity in accordance with 16.505(b)(2)(ii)(D)
Key terms: justifications and approvals · other than full and open competition · limited-source justifications · simplified acquisition threshold · fair opportunity
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) Justifications and approvals for other than full and open competition must be posted in accordance with 6.305.
(b) Limited-source justifications (excluding brand name) for FSS orders or blanket purchase agreements with an estimated value greater than the simplified acquisition threshold must be posted in accordance with 8.405-6(a)(2).
(c) Justifications for task or delivery orders greater than the simplified acquisition threshold and awarded without providing for fair opportunity must be posted in accordance with 16.505(b)(2)(ii)(D).
← 5.405 Exchange of acquisition information. · 5.501 Definitions. →
Rule changes for FAR Part 5
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 5, 24, and 29 ↗ · proposed 2026-06-23 · comments due 2026-07-23
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · final rule 2025-08-27 · effective 2025-10-01
- Federal Acquisition Regulation: Controlled Unclassified Information ↗ · proposed 2025-01-15 · comments due 2025-03-17
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · proposed 2024-11-29 · comments due 2025-01-28
- Federal Acquisition Regulation; Technical Amendments ↗ · final rule 2024-04-22 · effective 2024-05-22
- Federal Acquisition Regulation: Sustainable Procurement ↗ · final rule 2024-04-22 · effective 2024-05-22
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.