Content created by Assistant Secretary for Financial Resources (ASFR)
Effective Date: 11/21/20205 (see HHSAR CD 2026-01)
306.003 Advocates for competition.
Subpart 306.1—Presolicitation
306.102 Full and open competition after excluding sources.
306.102-1 Establishing or maintaining alternative sources.
306.103 Other than full and open competition.
306.103-1 Only one responsible source and no other supplies or services will satisfy agency requirements.
306.003 Advocates for competition.
The Executive Director, Acquisition Policy, Legislation, Oversight & Workforce, Assistant Secretary for Financial Resources (ASFR), Office of Acquisitions is designated as the HHS Advocate for Competition. A list of HHS procuring activity advocates for competition can be found at: https://www.hhs.gov/grants/grants-business-contacts/competition-advocates/index.html.
Subpart 306.1—Presolicitation
306.102 Full and open competition after excluding sources.
306.102-1 Establishing or maintaining alternative sources.
(a) The Senior Procurement Executive (SPE) must make the determination required in Federal Acquisition Regulation (FAR) 6.102-1(a).
(b)
(1) The contracting officer must prepare the required determination and findings (D&F), see FAR ), 6.102-1(b)(1) based on the data provided by program personnel. The appropriate Competition Advocate (CA) (non-delegable) must sign the D&F, indicating concurrence. The final determination will be made by the head of the agency or designee.
306.103 Other than full and open competition.
306.103-1 Only one responsible source and no other supplies or services will satisfy agency requirements.
For acquisitions covered by 42 U.S.C. 247d-6a(b)(2)(A), “available from only one responsible source” must be deemed to mean “available from only one responsible source or only from a limited number of responsible sources”.