expensive in the short term, overall, it is better for the industrial base to increase future competition and ca- pacity should we need to ramp up manufacturing. Again, this is a critical element of DoW’s strategy and a valu- able tool we can use to carry it out. FAR subpart 6.3 /RFO 6.103 cite only seven exceptions that permit us to perform Other than FAOC. It is also important to note that Other than FAOC does not necessarily mean we only solicit one source. Even when operating within this subpart, we are encouraged to obtain as much com- petition as possible. Also, we are ex- pressly prohibited from using other than FAOC due to a failure to plan or because of expiring funds (RFO FAR 6.103(b)) . We will focus on those excep- tions most commonly used. Other Than Full and Open Competition The first exception is “Only one responsible source and no other sup-
Star Dasmarinas, a contract specialist, contracting officer, and purchasing and contracting team lead with the United States Property and Fiscal Office for California (USPFO), reviews and signs forms to secure a shredding service at Joint Forces Training Base, Los Alamitos, Calif. The California National Guard’s USPFO statewide team received several awards in 2021 including recognition in the Secretary of the Army Excellence in Contracting competition. Source: U.S. Air National Guard photo by Staff Sgt. Crystal Housman
plies or services will satisfy agency re- quirements.” The statutory authority for this exception is 10 U.S.C. 3204(a)(1) . We use this exception when purchas- ing unique supplies or services that only one or a limited number of firms can provide (e.g., original equipment manufacturer spare parts for which we do not own technical data rights). This exception may also be used for unsolicited research proposals meeting certain requirements, cer- tain follow-on contracts to prevent undue duplication of costs or delays, or necessary brand name purchases. Any purchase citing this authority must be supported by a Justification and Approval (J&A) as discussed in a later section. And, contrary to what the RFO FAR says, per the RFO DFARS
206.103-170(c), a J&A is required for brand name and brand name or equal purchases. Further, per the RFO DFARS PGI 206.103-170(d) , the contracting officer must post a request for information or sources sought notice and include the results in the J&A. The second exception to FAOC is “Unusual and Compelling Urgency” in accordance with 10 U.S.C. 3204(a)(2) . We may only use this authority when the government would be seriously injured if not permitted to limit the competition. (This often ties into a similar exception to the requirement to publicize the proposed contract action under FAR part 5.) Even un- der this exception, we must solicit as many offers as possible. Several caveats apply when using this authority. First, the length of the contract may not exceed one year and should be limited to the shortest period necessary to permit an FAOC solicitation and award of the result- ing contract. We must execute a J&A, but because of the urgency, we may do so after contract award. (Word of caution: Do not forget to do the J&A
[E]xpanding the Defense Industrial Base is a key goal of the department’s Acquisition Transformation Strategy. Competition is a vital component of this strategy.
MARCH – APRIL 2026 | DEFENSE ACQUISITION MAGAZINE 19
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