PART 406 - COMPETITION REQUIREMENTS
Authority: 5 U.S.C. and 40 U.S.C. 486(c).
Source: 61 FR 53646, Oct. 15, 1996, unless otherwise noted.
Subpart 406.2 - Full and Open Competition After Exclusion of Sources
406.202 Establishing or maintaining alternative sources.
The Senior Procurement Executive is authorized to make determinations pursuant to FAR 6.202(a) and sign the determination and findings required by FAR 6.202(b).
Subpart 406.3 - Other Than Full and Open Competition
406.302 Circumstances permitting other than full and open competition.
406.302-70 Otherwise authorized by law.
(a) Authority. Section 1472 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318) (the Act) authorizes the Secretary of Agriculture to award contracts, without competition, to further research, extension, or teaching programs in the food and agricultural sciences.
(b) Limitations. The use of this authority is limited to those instances where it can be determined that contracting without full and open competition is in the best interest of the Government and necessary to the accomplishment of the research, extension, or teaching program. Therefore:
(1) Contracts under the authority of the Act shall be awarded on a competitive basis to the maximum practicable extent.
(2) When full and open competition is not deemed appropriate, the contracting officer shall make a written justification on a case-by-case basis in accordance with procedures in FAR 6.303 and 6.304.
Subpart 406.5 - Competition Advocates
(a) The Chief, Procurement Policy Division, Office of Procurement and Property Management, has been designated as the Competition Advocate for USDA.
(b) Each HCA shall designate a competition advocate for the contracting activity. The HCA shall forward a copy of the designation memorandum to the Competition Advocate for USDA.