FAR PART 6 JUSTIFICATION FORMAT
Justification for OTFAOC Template
Purchase Request Number:
REQUIRED FORMAT FOR JUSTIFICATION
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION
Justification for OTFAOC Number: (Assigned by Procuring Activity Competition Advocate (PACA))
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 Other Than Full and Open Competition).
JUSTIFICATION
1. REQUIRING AGENCY AND CONTRACTING OFFICE: Specify the requiring agency and the DITCO contracting activity responsible for accomplishing the contract action.
(FAR 6.303-2(a)(1))
2. NATURE/DESCRIPTION OF ACTION(S): Describe the nature of the contractual action for which approval is requested (i.e., new contract, modification). Include type of contract (e.g. FFP, CPAF) type and year of funds to be used (e.g. R&D, Procurement, O&M); and estimated share and ceiling arrangements, when applicable.
(FAR 6.303-2(a)(2))
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).
(FAR 6.303-2(a)(3)/DARS 6.303-2(a)(S-90))
(a) Explain the requirement, as much as possible, in layman's terms so it can be understood by a non-technically oriented reviewer who is not familiar with the requiring activity or the project
(1) If the action described is a modification to an existing contract, be sure to distinguish clearly between the work covered by the basic contract and the additional work to be obtained by the proposed modification.
(2) Identify the customer activity.
(3) State option quantities and/or performance periods:
(b) If FAR clauses 52.237-3 (Continuity of Services) and/or 52.217-8 (Option to Extend Services) will be included in your noncompetitive bridge contract action, be sure to mention each and its associated potential time period and dollar value. (These two clauses should be considered for inclusion in competitive contracts to preclude the necessity for later noncompetitive actions if the follow-on is delayed or if a phase-in/phase-out period is required.)
(c) Option quantities are not allowed in Justification for OTFAOC citing Exception 2 (Urgency). The philosophy (based on GAO decisions) behind this is that an "Urgent" requirement should only be for the absolute minimum quantity/period.
(1) If the total required quantity or time period exceeds that which can be justified as "urgent," it will be necessary to contract for the remainder of the requirement using procedures for full and open competition. If there is only one responsible source for the remaining item(s)/service(s), you must execute an additional Justification for OTFAOC under the appropriate exception and advertise as appropriate.
(2) The only exception to this is when an interim contract (or extension to an existing contract) is required due to receipt of a protest prior to or upon award of a follow-on service contract and it is necessary to ensure continuity of services until the protest is resolved. In this case, the J&A may be for a base period of ___ months (minimum time you expect resolution to take) plus a maximum of 3 one-month options. The Justification for OTFAOC must specifically state that each option will be exercised only if resolution of the protest does not occur during the previous period.
4. IDENTIFICATION OF STATUTORY AUTHORITY: Identify the statutory authority, FAR Citation and FAR Exception Description permitting other than full and open competition. (NOTE: Citations and Exception Descriptions are located below (select only one exception and delete all others)): (FAR 6.303-2(a)(4));
-- Only one responsible source and no other supplies or services will satisfy agency requirements, 10 U.S.C.2304(c)(1). (FAR 6.302-1/DFARS 206.302-1);
-- Unusual and compelling urgency, 10 U.S.C. 2304(c)(2). (FAR 6.302-2/DFARS 206.302-2);
-- Industrial mobilization; engineering, developmental, or research capability; or expert services, 10 U.S.C. 2304(c)(3). (FAR 6.302-3);
-- International agreement, 10 U.S.C. 2304(c)(4). (FAR 6.302-4/DFAR 206.302-4);
-- Authorized or required by statute, 10 U.S.C. 2304(c)(5). (FAR 6.302-5/DFAR 206.302-5);
-- National security, 10 U.S.C. 2304(c)(6). (FAR 6.302-6); or
-- Public interest, 10 U.S.C. 2304(c)(7). (FAR 6.302-7/DFAR 206.302-7)
For instance: "10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements."
5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS: Describe how this action requires the use of authority cited. If applicable, identify the proposed or potential contractor(s) and include a discussion of the proposed contractor's unique qualifications for fulfilling the contract requirements. If the authority cited is ‘unusual and compelling urgency”, include the required delivery schedule and lead-times involved. (FAR 6.303-2(a)(5))
(a) A Justification for OTFAOC must include a full discussion of the events, history and circumstances which have led to the current situation that requires use of procedures for other than full and open competition.
(b) If "unusual and compelling urgency" is the basis for the Justification for OTFAOC, include a chronological explanation of events that caused the exigent situation. Be sure to explain any actual or apparent time lags between events. At the very least, include:
• discussion and dates for when requirement became known by the requiring activity
• the required performance/delivery date
• events that happened before the contracting office was notified of the requirement
• when the contracting office was advised of the requirement
• when the purchase request was received by the contracting office
• when vendors will be/were contacted
• when proposals are/were due
• when award will be/was made
(c) If the required delivery date could have been satisfied using ‘full and open competition’ on the date the requirement first became known, and explanation for the delay in submitting the requirement should be provided. If normal contracting methods
could not have satisfied the required delivery date, describe the circumstances that caused this emergency and how they will be prevented in the future.
Justification:
(1) What are the verified minimum requirements of the Government? Include a discussion of the unique aspects of the supply/service that necessitate a noncompetitive action. Describe how the required delivery/performance date impacted the decision to restrict competition.
(2) Identify the proposed sole source contractor (if applicable) and discuss the unique capabilities, experience, expertise, etc. that the contractor has that makes the firm the only one capable of performing the required work. When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.)
(3) If competition would have been feasible had more time been available, discuss other factors that had an impact on the decision to solicit only one source to satisfy the requirement (e.g., cost/time to conduct a competitive procurement; time available versus time required; phase-in/phase-out time; complexity of requirement; etc.).
(4) Do not indicate that your source is the "only known source” unless you fully describe the process you went through to make that determination (including "sources sought" synopses in the FedBizOpps website).
You must clearly show that your source is the ONLY source.
(5) Identify the constraints of the procurement, such as schedule requirements, unique features and mandatory requirements, or the existence of proprietary data, copyrighted information or a patent which restrict competition.
(6) If the requirement is for a bridge contract (or contract extension) citing any exception to competition, or any contract citing Exception 2 (Urgency), include a complete justification for the minimum quantity or period of performance. If the action is an bridge requirement contingent upon some follow-on action, include a discussion of the basis for the milestones for that action. These milestones should be realistic, “firm" and proactive as possible.
(7) Was the item or service previously acquired? If so, was it from the same contractor? If this is a continuation of a previous effort by the same contractor, discuss why no other sources of supply are available.
(8) Impact: Fully describe the detrimental effects to the mission of the requiring activity or to the government that would result if this J&A was not approved and the product or service could not be provided.
6. FEDBIZOPPS ANNOUNCEMENT/POTENTIAL SOURCES: Describe efforts made to ensure that offers are solicited from as many potential sources as is practicable. Also describe the extent of competition anticipated for this procurement, including whether a notice was or will be published as required by FAR 5.2, and, if not, which exemption under FAR 5.202 applies. (FAR 6.303-2(a)(6))
(a) State when the requirement was synopsized (pre-solicitation notice e.g. RFI draft RFP and/or regular synopsis) in the FedBizOpps and the number of responses received to the advertisement. A minimum of 5 days should be allowed for responses.
(b) If ‘Unusual and compelling urgency’ is the basis for the Justification for OTFAOC, indicate the number of sources solicited and how many offers were received.
(c) If the Justification is for a contract modification or bridge contract, efforts to obtain competition on the original procurement should also be discussed.
7. DETERMINATION OF FAIR AND REASONABLE COST: Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. Indicate the method to be used by the contracting officer to determine that the resulting contract costs or prices will be fair and reasonable. Examples of such methods include results of the limited competition, comparison of proposed costs or prices with costs or prices for similar supplies or services, the extent of cost or price analysis anticipated (including the requirements for certified cost or pricing data), technical evaluations, and audit of vendor costs (if vendor is compliant with Cost Accounting Standards). (FAR 6.303-2(a)(7))
8. MARKET RESEARCH: Describe the extent of the market research (FAR 10.002) conducted to identify all qualified sources and the results thereof. Research must have been meaningful and conducted within the previous 12 months. (FAR 6.303-2(a)(8))
(a) Market research means "collecting and analyzing current information about capabilities within the market to satisfy agency needs. This testing of the marketplace may range from written or telephone contacts with knowledgeable federal and non-federal experts regarding similar or duplicate requirements, and the results of any market test recently undertaken, to the more formal sources-sought announcement in pertinent publications (e.g., technical/scientific journals, or the FedBizOpps), or solicitations for information or planning purposes."
(b) The Justification must include a detailed description and results of the market research or a statement discussing why it was not conducted.
(c) A "sources sought" synopsis in FedBizOpps is a valuable tool to determine whether sources other than the suggested sole source can satisfy the requirement.
9. ANY OTHER SUPPORTING FACTS: Indicate any other facts supporting the use of OTFAOC. (FAR 6.303(a)(9))
(a) If technical data packages, specifications, engineering descriptions, statement of work, or purchase descriptions suitable for full and open competition have not been developed, or are not available, explain why.
(b) When ‘only one responsible source and no other supplies or services will satisfy the agency requirements’ is cited for follow-on procurement as described in FAR 6.302-1(a)(2)(ii)(A) or FAR 6.302-1(a)(2)(iii)(A), provide an estimate of the cost to the Government that would be duplicative and how the estimate was derived.
(c) When ‘unusual and compelling urgency’ is cited, provide data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.
10. LISTING OF INTERESTED SOURCES: Provide a listing of the sources, if any, which expressed, in writing, an interest in the procurement. (FAR 6.303-2(a)(10))
11. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPEITION: (FAR 6.303-2(a)(11))
(a) Procurement history. The following items of information are expected.
(1) Contract numbers and dates of the last several awards for this action.
(2) Competitive status of these actions.
(3) Authority previously used for less than full and open competition.
(b) If a Justification was prepared to support the prior procurement (s), briefly describe the Actions to Increase Competition (paragraph 7) mentioned in that prior J&A and explain the results thereof.
(c) If any prior award was accomplished by full and open competition, explain the changed circumstances in detail.
(d) Unusual and Compelling Urgency: When FAR 6.302-2 is cited, provide data, estimated cost or other rationale as to the nature and extent of the injury to the government.
(e) If a requirement for first article testing is the principal reason for not awarding the contract on a full and open basis, clearly describe the reasons that first article testing is required on this procurement and why other means of assuring quality are not being used.
12. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP) PROGRAM PLAN (PP): (DARS 6.303-2(a)(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)
Put the certifications/approvals required on a separate page.
TECHNICAL CERTIFICATION: "I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief." (FAR Subpart 6.303-1(b) and DARS Subpart 6.303-1(b))
NAME: ______________________ SIGNATURE: _______________________
TITLE: ______________________ DATE: ________
REQUIREMENTS CERTIFICATION: "I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief." (FAR Subpart 6.303-1(b) and DARS Subpart 6.303-1(b))
NAME: ______________________ SIGNATURE: _______________________
TITLE: ______________________ DATE: ________
CONTRACTING OFFICER CERTIFICATION: Include the following determination: (FAR 6.303-2(a)(7))
“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” blocks below if this certification is also serving as approval: “Since this effort exceeds $150K but does not exceed $650K, this certification serves as APPROVAL” (FAR Subpart 6.304(a)(1).
NAME: ______________________ SIGNATURE: _______________________
TITLE: ______________________ DATE: ________
(For Approval signature select the appropriate approval level signatory and delete all others)
PROCURING ACTIVITY COMPETITON ADVOCATE 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 does not exceed $12.5M, this review serves as approval.”
APPROVED BY: (FAR 6.304(a)(2))
Signature:
Printed/Typed Name and Title Organization Phone Date
HEAD OF THE CONTRACTING ACTIVITY 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 does not exceed $85.5M, this review serves as approval.”
APPROVED BY: (FAR 6.304(a)(3))
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 $85.5M, this review serves as approval.”
APPROVED BY: (FAR 6.304(a) (4) & DFARS 206.304)
Signature:
Printed/Typed Name and Title Organization Phone Date
ALL QUESTIONS REGARDING THIS JUSTIFICATION FOR OTFAOC ARE TO BE REFERRED TO THE CONTRACTING OFFICER (INSERT NAME AND PHONE NUMBER)