1 The Big Idea
When the Government limits competition, the file needs to answer a simple question: what gives us permission to do that? The answer is usually a statute. That is why you see citations like 41 U.S.C. 1901 or 41 U.S.C. 3304.
The statute citation is not the form. It is not the template. It is the legal authority behind the action.
2 How To Read The Citation
A citation like 41 U.S.C. 1901 has three parts:
The title number. Title 41 covers public contracts for most civilian Government contracting rules.
United States Code. That means you are looking at a statute, not a FAR paragraph.
The section number. This is the specific law you are pointing to.
So 41 U.S.C. 1901 means: Title 41, United States Code, section 1901.
3 Four Numbers, Four Jobs
41 U.S.C. 1901
The normal commercial simplified procedures authority. Use this for commercial buys above the SAT through $9M when you are in FAR 12.201-1.
41 U.S.C. 1903
The emergency boost. It lets certain qualifying commercial actions use the simplified lane above $9M through $15M.
41 U.S.C. 3304
The civilian Part 6 authority. Civilian agencies use this when they restrict competition outside the simplified procedures lane.
10 U.S.C. 3204
The DoD, NASA, and Coast Guard Part 6 authority. Same basic job as 3304, but for these agencies.
4 The First Question To Ask
Before you pick a citation, do not start with the statute. Start with the facts.
If yes, you may be in FAR Part 12. If no, you are probably not using the commercial simplified procedures lane.
If yes, do not jump to FAR Part 6. Document the one-source decision in the file.
If yes and the value is through $9M, cite 41 U.S.C. 1901.
If yes and the value is through $15M, cite 41 U.S.C. 1901 and 1903.
If yes, now you are probably in FAR Part 6. Civilian agencies cite 41 U.S.C. 3304. DoD, NASA, and the Coast Guard cite 10 U.S.C. 3204.
5 Why Part 12 Mentions Part 6
The checklist
FAR 12.102 tells you to prepare the written justification and get approval as described in FAR 6.104 for commercial actions above the SAT.
Think of FAR 6.104 as the checklist for what the write-up must include and who must approve it.
The authority
The authority is the statute you cite. For a commercial simplified-procedures action through $9M, that is still 41 U.S.C. 1901.
So yes, you may use the FAR 6.104 checklist. No, that does not automatically make the authority 3304 or 3204.
6 What Do I Cite?
| Situation | Procedure | Authority to Cite | Why |
|---|---|---|---|
| Commercial, at or below the SAT | FAR 12.102(a) | No Part 6 citation | Document why only one source is available. Keep it in the file. |
| Commercial, above the SAT through $9M | FAR 12.102(b) and 12.201-1 | 41 U.S.C. 1901 | This is the normal commercial simplified procedures lane. |
| Commercial, qualifying emergency-type action above $9M through $15M | FAR 12.102(b), 12.201-1, and 12.001(c) | 41 U.S.C. 1901 and 1903 | 1903 is the special emergency authority that expands the threshold. |
| Commercial, above $9M and not in the special $15M lane | FAR 12.201-2 with Part 14 or Part 15, as appropriate | One of the authorities in FAR 6.103 | You are outside simplified procedures, so Part 6 authority applies if competition is restricted. |
| Non-commercial, above the SAT, civilian agency | FAR 6.103-1 | 41 U.S.C. 3304(a)(1) | 3304 is the civilian Part 6 statute. |
| Non-commercial, above the SAT, DoD/NASA/Coast Guard | FAR 6.103-1 | 10 U.S.C. 3204(a)(1) | 3204 is the DoD/NASA/Coast Guard Part 6 statute. |
7 Side-by-Side Examples
| Requirement | Value | Correct Citation | File Logic |
|---|---|---|---|
| Commercial software license, only one compatible source | $475K | 41 U.S.C. 1901 | Above SAT, below $9M, using FAR 12.201-1 simplified procedures. |
| Commercial logistics support for a declared contingency operation | $12M | 41 U.S.C. 1901 and 1903 | Above $9M but within the $15M special lane because it supports a qualifying 12.001(c) circumstance. |
| Commercial services, sole source, not a 12.001(c) action | $12M | 41 U.S.C. 3304 or 10 U.S.C. 3204 | Outside FAR 12.201-1 simplified procedures, so use FAR 12.201-2 and the applicable Part 6 authority. |
| Non-commercial specialized engineering support, only one responsible source | $800K | 41 U.S.C. 3304 or 10 U.S.C. 3204 | Not commercial simplified procedures. Part 6 applies if restricting competition. |
8 Common Mistakes
Sole source does not automatically mean Part 6. First ask whether you are under the SAT or in the FAR 12.201-1 commercial simplified procedures lane.
1903 is for the special emergency-type expansion above $9M through $15M. It is not the normal under-$9M authority.
FAR 6.104 may tell you what to put in the write-up. That does not always mean the statute is 3304 or 3204.
9 Look It Up
FAR Overhaul Part 12
See 12.001, 12.102, 12.201-1, and Table 12-1 for the current commercial procedures framework.
Open sourceFAR Overhaul Part 6
See 6.001 for applicability and 6.103 for the current Part 6 competition authorities.
Open source41 U.S.C. 1901
Simplified acquisition procedures, including the commercial-products and commercial-services lane.
Open source41 U.S.C. 1903
Special emergency procurement authority and the threshold expansion for qualifying actions.
Open source41 U.S.C. 3304
Civilian agency authority for using procedures other than full and open competition.
Open source10 U.S.C. 3204
DoD, NASA, and Coast Guard authority for using procedures other than competitive procedures.
Open source