Justification and Approval (J&A)

A Justification and Approval (J&A) is the mandatory written document that federal agencies must prepare, approve at the appropriate authority level, and publish when awarding a contract without full and open competition, stating the specific statutory exception being invoked.

What is a Justification and Approval?

Under FAR 6.303, when an agency intends to use a non-competitive procurement, including a sole-source contract, it must prepare a J&A document before award. The J&A identifies:

• The agency and contracting activity
• The nature and description of the action being approved
• A description of the supplies or services to be contracted
• The statutory authority permitting the non-competitive action (one of seven CICA exceptions)
• Demonstration that the proposed contractor's unique qualifications or nature of the acquisition requires use of the authority
• A description of efforts made to ensure offers were solicited from as many potential sources as possible
• A determination that the anticipated cost is fair and reasonable
• A market research description
• Any other facts supporting the justification
• Signature of the contracting officer certifying the accuracy of the J&A

Approval authority depends on the contract value. For awards up to $750,000, the contracting officer may approve. Awards between $750,000 and $15 million require competition advocate approval. Awards between $15 million and $75 million require the head of the procuring activity. Awards above $75 million require the senior procurement executive. Above $100 million, the J&A must also be published on SAM.gov for 14 days before award.

Why J&As matter for government contractors

J&As are public documents for large awards, and they are a gold mine of competitive intelligence. A competitor who loses a non-competitive award can read the J&A on SAM.gov to understand why they were locked out. If the justification is legally insufficient, the J&A is the evidence needed to file a bid protest challenging the sole-source award. Monitoring J&As also reveals incumbent contractors and upcoming recompetes, when a sole-source extension is awarded, it often signals the agency will run a full competition when the extension expires.

Example

The Department of Energy awards a $25 million sole-source contract to a laboratory for specialized nuclear materials research, citing the "only one responsible source" exception. The contracting officer prepares a J&A documenting that only this lab has the specific hot cell facilities and licensed materials handlers required for the research. The J&A is approved by the head of the procuring activity and published on SAM.gov. A competing lab reviews the J&A, disagrees with the sole-source rationale, and files a GAO protest arguing that its own facilities are equivalent.

Frequently Asked Questions

Are all J&As publicly available?

J&As above $25,000 are generally publicly available. Those above $100 million are published on SAM.gov for a 14-day comment period before award. Classified contracts and contracts involving national security may have J&As withheld from public release.

Can the government issue a J&A for urgency?

Yes. The "unusual and compelling urgency" exception (FAR 6.302-2) allows non-competitive awards when delay would seriously damage the public interest. However, agencies cannot manufacture urgency through poor planning. A protest can challenge whether the urgency was genuine or created by the agency's own procurement failures.

What is the difference between a J&A and a Determination and Findings (D&F)?

Both are written approvals, but they cover different exceptions. A J&A covers exceptions to full and open competition under FAR Part 6. A Determination and Findings (D&F) covers other procurement exceptions, such as using a specific contract type or making determinations about contractor responsibility.

How long is a J&A valid?

Once approved and the contract is awarded, the J&A becomes part of the permanent contract file. If the agency wants to exercise options or make follow-on sole-source awards, a new J&A may be required depending on the circumstances and value.