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DARS PART 6 -- COMPETITION REQUIREMENTS



PART 6 -- COMPETITION REQUIREMENTS

TABLE OF CONTENTS

SUBPART 6.2 -- FULL AND OPEN COMPETITION AFTER EXCLUSION

OF SOURCES

6.202 Establishing Or Maintaining Alternative Sources

SUBPART 6.3 -- OTHER THAN FULL AND OPEN COMPETITION

6.302-4 International Agreement

6.302-7 Public Interest

6.303-1 Requirements

6.303-2 Content

6.303-90 Format

6.304 Approval Of The Justification

6.304-90 Required Signatures/Coordinations for Justification for OTFAOC

6.90 Brand Name Justifications

PART 6 -- COMPETITION REQUIREMENTS

SUBPART 6.2 — FULL AND OPEN COMPETITION AFTER EXCLUSION OF SOURCES

6.202 Establishing or maintaining alternative sources.

(b)(1) Approval authority for determinations and findings (D&Fs) under this subpart follows:

Dollar Threshold Approval Authority

$0 - $78.5 M Head of Contracting Activity (HCA)

Over $78.5 M Senior Procurement Executive (SPE)

See DFARS 206.2 for D&F format. Legal Counsel and Procuring Activity Competition Advocate (PACA)/Agency Competition Advocate (ACA) coordination is required before approval. Provide the Agency Competition Advocate with a copy of the approved D&F.

SUBPART 6.3 — OTHER THAN FULL AND OPEN COMPETITION

6.302-4 International agreement.

(c) Limitations. The waiver of the justifications and approvals made effective by the Head of the Contracting Activity (HCA) document described in DFARS 206.302-4(c) shall only suffice in cases when the host country requests and documents in the agreement the specific company and supplies/services to be procured. If a proposed acquisition is to support NATO, then the agreement must state the specific company and supplies/services being procured.

6.302-7 Public Interest

(c)(1) Follow the format under FAR 1.7 for the written determination. Approval authority for D&F follows:

(3) If a justification is required to support the determination, follow DARS Part 6.

6.303-1 Requirements.

(b) Requirement certification shall be accomplished by the head of the requirements office (or the acting head of the requirement office in their absence). Technical certification shall be one level below the individual responsible for requirements certification.

(S-90) The contracting officer shall provide a copy of the approved Justification for Other Than Full And Open Competition (OTFAOC) to the HCA, for submission to the OUSD (AT&L/DP), Foreign Contracting Office whenever the Justification for OTFAOC cites FAR Subpart 6.302-3(a)(2)(i) or 6.302-7 as the authority for not providing for full and open competition in procurements subject to the Trade Agreements Act. The OUSD (AT&L/DP) office listed above shall provide copies to the Office of the United States Trade Representative as required by FAR Subpart 6.303-1(d). The Foreign Contracting Office web address is http://www.acq.osd.mil/dp/fc/ .

(S-91) The requirements office, in close coordination with the contracting officer, shall develop the Justification for OTFAOC using the required format set forth in DARS Subpart 6.303-90.

(S-92) For each acquisition covered by a class justification, the contract file must include a duplicate original copy including the signature page of the class Justification for OTFAOC, or a statement referring to its location.

(S-93) Legal Counsel coordination is required on all Justifications for OTFAOC that exceed $550K.

6.303-2 Content.

(a) Each Justification for OTFAOC shall also include:

(S-90) The delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated life-cycle costs of the procurement in the “Description of Supplies/Services.”

(S-91) Whether or not a written Acquisition Plan (AP) is required, and if so, attach a copy of the approved AP to the Justification for OTFAOC.

6.303-90 Format.

(a) All items shall be included in the sequence set forth in FAR Subpart 6.303-2 and DARS Subpart 6.303-90 (follows). Those items determined to be not applicable shall state “not applicable” with a brief supporting rationale unless the reason is self-evident.

(b) Certification, review, and approval signatures shall be provided on a separate page at the end of the text of the Justification for OTFAOC. This is intended to facilitate making changes to the Justification for OTFAOC without impacting the signature page.

(c) If changes are required after the Justification for OTFAOC is approved and the estimated life-cycle value of the procurement is within the approving official’s authority, amend the Justification for OTFAOC and coordinate with the signatories to ensure that they concur with the changes.

(d) If changes are required after the Justification for OTFAOC is approved and the estimated life-cycle value/scope of the procurement exceeds the approving official’s authority, an amended Justification for OTFAOC is required with a new signature page. Coordinate with the original approving official and attach the original signature page to the amended Justification for OTFAOC. The Justification should clearly reflect the amendments/changes. Include the original approved Justification for OTFAOC as an attachment to the amended Justification for OTFAOC.

(e) Identify changes by change lines in the margin.

(f) Electronic submission is encouraged. The required format is set forth below.

REQUIRED FORMAT

Procurement Request Number: ____________________________________

Justification for OTFAOC Number: (tracking number) assigned by Competition Advocate staff)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Upon the basis of the following justification, I, as __________________ (fill in the appropriate approval authority), hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 10 U.S.C. 2304(c)(*). (* Insert the appropriate statutory authority (exception) permitting other than full and open competition. Use only one exception per Justification for OTFAOC).

JUSTIFICATION

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

2. Nature/Description of Action(s). Nature and/or description of the action being approved.

3. Description of Supplies/Services. A complete description of the supplies and/or services required to meet the agency’s needs, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated life-cycle costs of the procurement.

4. Identification of Statutory Authority. An identification of the statutory authority permitting other than full and open competition.

5. Demonstration of Contractor’s Unique Qualifications. An explanation of the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

6. FedBizOpps Announcement/Potential Sources. A description of efforts made to ensure that offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

7. Determination of Fair and Reasonable Cost. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

8. Description of Market Research. A description of the market research conducted (see FAR Part 10) and the results, or a statement of the reason market research was not conducted.

9. Any Other Supporting Facts. Any other facts supporting the use of other than full and open competition.

10. Listing of Interested Sources. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

11. Actions Taken to Remove Barriers to Competition. A statement of the actions, if any, the agency will take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

12. Reference to the Approved Acquisition Plan (AP)

(NOTE: STOP HERE and start a separate page for certifications, reviews and approvals.)

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR Subpart 6.303-1(b) and DARS Subpart 6.303-1(b))

I certify that the facts and representations under my cognizance which are included in this justification and which form a basis for this justification are complete and accurate.

TECHNICAL COGNIZANCE:

Signature:

 

Printed/Typed Name and Title Organization Phone Date

 
 

REQUIREMENTS COGNIZANCE:

 

Signature:

 

Printed/Typed Name and Title Organization Phone Date

 
 

CONTRACTING OFFICER CERTIFICATION (FAR Subparts 6.303-1(a), 6.303-2(a)(12))

I certify that this justification is accurate and complete to the best of my knowledge and belief. (Add the following and delete the “APPROVED BY” block below if this certification is also serving as approval: “Since this effort exceeds $100K but does not exceed $550K, this certification serves as APPROVAL (FAR Subpart 6.304(a)(1)).”)

 

Signature:


Printed/Typed Name and Title Organization Phone Date

 
 

REVIEW FOR LEGAL SUFFICIENCY (DARS 6.303-1 (S-92))

This justification is determined legally sufficient.

 

Signature:

 

Printed/Typed Name and Title Organization Phone Date

 

(For Approval signature select the appropriate approval level signatory and delete all others)

 



AGENCY COMPETITION ADVOCATE/PROCURING ACTIVITY COMPETITON ADVOCATE APPROVAL (FAR Subparts 6.303-1(a) and 6.303-2(a)(12))

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this Justification for OTFAOC does not exceed $11.5M, this review serves as approval.

 

APPROVED BY: (FAR 6.304 and DFARS 206.304)

 

Signature:


Printed/Typed Name and Title Organization Phone Date


 

HEAD OF CONTRACTING ACTVITY APPROVAL (FAR Subparts 6.303-1(a) and 6.303-2(a)(12))

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this Justification for OTFAOC does not exceed $78.5M, this review serves as approval.

 

APPROVED BY: (FAR 6.304 and DFARS 206.304)

 

Signature:


Printed/Typed Name and Title Organization Phone Date


 

SENIOR PROCUREMENT EXECUTIVE APPROVAL

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this Justification for OTFAOC exceeds $78.5M, this review serves as approval.

 

APPROVED BY: (FAR 6.304 and DFARS 206.304)

 

Signature:

 


Printed/Typed Name and Title Organization Phone Date

 

ALL QUESTIONS REGARDING THIS JUSTIFICATION FOR OTFAOC ARE TO BE REFERRED TO (INSERT THE NAME/ORGANIZATION/PHONE NUMBER OF THE APPROPRIATE POINT OF CONTACT).

6.304 Approval of the Justification.

(a) The approving official for each Justification for OTFAOC shall be determined based on the table provided below:

Estimated Value of Justification Approving Official

$550K and below Contracting Officer

Over $550K to $11.5M Procuring Activity Competition Advocate *

Over $78.5M SPE

* The Agency Competition Advocate, HCA, or SPE can approve Justifications for OTFAOC at this level in the absence of the Procuring Activity Competition Advocate.

(S-90) If the dollar value of the contract at the time of award exceeds the estimated value of the Justification for OTFAOC but within the approval level of the original approving official, amend the justification to reflect the actual contract value and coordinate with the signatories to ensure that they concur with the changes. However, if the dollar value of the contract at the time of award exceeds the estimated value of the Justification for OTFAOC and the approval level of the original approving official prepare a new Justification for OTFAOC and obtain the signatures of the reviewers and the new approving official. The new Justification for OTFAOC will also require new signatures from all of the previous signatories, which are inclusive of the DISA Form 9.

6.304-90 Required Signatures/Coordinations for Justification for OTFAOC.

(a) Technical and requirements certification. Justifications for OTFAOC provided to DITCO contracting offices shall include the signatures of the Technical Cognizance Official and the Requirements Cognizance Official, unless the justification is for a telecommunication service submitted via a Telecommunication Service Request (TSR) or Telecommunication Service Order (TSO). (See section 6.303-1(b) for description of officials). For Justifications for OTFAOC submitted via TSR or TSO, the official’s name, organization, phone, and date will suffice.

(b) Contracting officer approval. Justifications for OTFAOC within the approval level of the contracting officer may be approved by the contracting officer without further routing or review.

(c) Legal Counsel. Justifications for OTFAOC above the approval level of the contracting officer must have concurrence of legal counsel.

(d) Approval exceeding the contracting officer’s authority. Justifications for OTFAOC exceeding the approval level of the contracting officer must be routed to the required certification, review, and approval officials using a DISA Form 9. Accordingly, the contract specialist/contracting officer shall prepare DISA Form 9 in accordance with the sample provided as Exhibit H. This sample DISA Form 9 is based on a Justification for OTFAOC requiring approval by the SPE. The routing of a specific DISA Form 9 is to be based on the required approving official.

(e) Required coordination on DISA Form 9

For Sample Form 9, Justification for OTFAOC, see Appendix H

6.90 Brand Name Justifications.

(a) Federal Acquisition Regulation (FAR) 11.105 requires all agencies to prepare justifications when brand name specifications are used. Solicitations should limit the use of brand name specifications; contract specifications should emphasize the necessary physical, functional, and performance characteristics of a product, not brand names.

(b) For acquisitions exceeding $25,000 that use brand name specifications, including simplified acquisitions and sole source procurements agencies are required to post the brand name justification or documentation to:

6.91 Set-Asides For Local Firms During A Major Disaster Or Emergency.

(a) The use of the Act is based on a declaration made by the President of the United States under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5150).

(b) Applies to major disaster(s) or emergency(ies) as defined under the Stafford Act, which includes natural catastrophes (fire, flood, or explosion [regardless of cause]) or any other occasion or instance for which the President determines that federal assistance is needed to supplement state and local efforts and capabilities.

(c) Any reference to a disaster, major disaster, or emergency generally means a presidentially declared major disaster or emergency under the Stafford Act. In the expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or agreement with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals residing or doing business primarily in the area affected by such disaster or emergency.

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