DLAD PGI PART 6 – COMPETITION REQUIREMENTS
PGI SUBPART 6.3 – OTHER THAN FULL AND OPEN COMPETITION
(a)(11) (i) Detailed policy guidance for product specialists is provided in the DLA Technical-Quality Policy and Procedures Deskbook, which is maintained by the technical and quality policy division, J3. During the normal technical review of all national stock numbers (NSNs) being considered for new long term contracts (LTCs), all recommended national stock numbers (NSNs) with an acquisition method suffix code (AMSC) of A or H are to be reviewed in accordance with DFARS PGI 217.7506 and assigned a more permanent acquisition method suffix code prior to solicitation.
(ii) Those NSNs that cannot be assigned a more permanent AMSC should be removed from consideration for the LTC until a more permanent AMSC can be assigned, or the contracting officer must justify the reason(s) initial screening of the AMSC coding for the NSN(s) did not result in a resolution or appropriate code and reasons why it should be included on the LTC.
(iii) Because these are temporary codes, the justification must be concurred with by the contracting activity competition advocate for locally-approved justifications. Any items with these codes that are included on the LTC should be reviewed within 12 months of the initial coding to determine whether an appropriate permanent AMSC can be assigned. If this cannot be accomplished for AMSC A, then continue to review on an annual basis for resolution and appropriate coding.
(iv) If an appropriate permanent AMSC cannot be assigned for AMSC H coded items within the later of one year of the J&A or one year of placement on a contract covered by a J&A, the contracting officer shall remove the items from the contract.
(a)(S-90) J&As and coding.
(6)(a) Note: When the J&A will include items coded AMSC A and/or H, the following shall be inserted:
(1) Items identified by AMSC A or H on long term contracts are subject to review for possible assignment of a different or permanent AMSC. These items shall be continually reviewed, not less than annually, in part to determine if technical data is available to allow for assignment of a more permanent AMSC. Any item determined to be competitively available before contract award will be removed from the acquisition. Any item determined to be competitively available after contract award may be deleted from the contract and competitively re-solicited.
(2) The results of the reviews and reclassification actions for AMSC A and H items will be reported by the contracting officer to the local competition advocate, and may be reported to DLA HQ, competition advocate, J72, in accordance with DLA HQ J7 requirements.
(3) If the review of an item classified as AMSC H does not result in the assignment of a more permanent AMSC within the later of one year of approval of this justification or one year of the item’s placement on a contract covered by this justification, the Contracting Officer shall remove the item from the contract.
Note: Add the following when the initial award under the J&A will not include all items covered by the J&A:
(4) To add other sole source parts covered by this justification to the initial award items identified in [insert section number], the review process described in an attachment to this justification must demonstrate that the parts are sole source to [insert name of contractor] at the time they are proposed for addition.
PGI 6.305 Availability of the justification.
(c) Disclosure of information in a posted J&A.
(2)(i) General. J&As shall be carefully screened to redact information exempt from public disclosure under FOIA, including but not limited to proprietary information, classified information, trade secrets, and Independent Government Cost Estimates and other source selection information.
(ii) Consult the servicing office of counsel for guidance on whether a legal basis exists for redacting logistical details that could provide strategic information to the public that requiring activities would not want known, market research details specific to a contractor’s capacity, references to specific sole source parts needed for weapons systems, and other information, the disclosure of which could be used, either alone or in combination with other publicly available information, to the detriment of U.S. interests.
(iii) Titles, names, and signatures. Current DLA policy is to disclose only the names of the contracting officer, approval/review chain officials, and the approving official. When posting the approved J&A, only the signature of the approving official needs to be included in the posted J&A, and signatures below the approving official should be redacted. Names and signatures of persons outside the approval/review chain, such as technical certifying personnel, should be redacted. Consult the servicing office of counsel for assistance in this area.
PGI SUBPART 6.5 – COMPETITION ADVOCATES
PGI 6.502 Duties and responsibilities.
(S-90) Agency competition advocate.
(a) In addition to the duties and responsibilities outlined in FAR 6.502(a), the agency competition advocate shall perform the following additional duties and responsibilities-
(1) Review the annual competition goals submitted by activity competition advocates and establish DLA competition goals for the fiscal year no later than 30 days after the deadline established for receiving those goals from the activity competition advocates.
(2) Analyze the annual reports submitted by activity competition advocates. Identify common concerns and impediments to competition and include these in the agency annual report to the SPE, along with recommended solutions, if applicable.
(3) Prepare the agency annual report for submission to the SPE.
(4) In the absence of the activity competition advocate, if there is no alternate activity competition advocate, the agency competition advocate shall serve as the alternate for an activity competition advocate when there is an urgent issue requiring participation by the activity competition advocate.
(S-91) Activity competition advocate.
(a) In addition to the duties and responsibilities outlined in FAR 6.502(a), the activity competition advocate shall perform the following additional duties and responsibilities - -
(1) Act as advisor and have direct access to the head of the contracting activity or, at DLA Strategic Materials, DLA Enterprise Support, DLA Document Services, and DLA Distribution, have direct access to the activity Commander or Director, on competition matters and act as a focal point for promoting competition.
(2) Challenge barriers to competition, including unnecessarily detailed specifications and unnecessarily restrictive statements of need.
(3) Identify items or groups of items for which competition would provide the greatest benefits in terms of cost, schedule, and performance. Initiate efforts to develop competition for these items.
(4) Recognize individuals who have made significant contributions to competition by establishing an award program or by recommending them for recognition in existing award programs.
(5) Promote market research efforts, including identifying manufacturers, attendance at conferences and workshops, web research, and contacting industrial, professional, and manufacturers associations for membership references.
(6) Establish annual competition goals for each fiscal year and prepare an annual report for submission to the agency competition advocate. In establishing annual competition goals, the activity competition advocate shall consider various categories of congressionally-mandated socioeconomic programs such as small business, small disadvantaged business, service-disabled veteran owned small business, small business innovative research, and the establishment of minority business goals. The procuring activity must use competitive procedures to the maximum extent possible, including when it utilizes commercial practices and implements prime vendor and long term contracting initiatives. Both the annual competition goals and the annual report shall be submitted jointly using the format detailed in PGI 6.503.
PGI 6.503-90 Annual reporting requirements - competition advocate.
(a) The report shall be submitted to the agency competition advocate no later than 15 November of each year.
(b) Where more than one competition advocate is assigned for a procuring activity, the manager of the competition advocacy program shall forward combined goals and the annual report which shall be broken out by supply chain, if appropriate.
(c) The annual report shall cover the previous fiscal year and shall be broken out by supply chain responsibilities, if appropriate. The report shall cover the following major topics:
Annual Advocacy Report for FYXX Defense Logistics Agency (DLA) In accordance with FAR 6.502(b)(2), ______________ submits the following report. 1. Competition rate achieved. Show the level of competition achieved against the approved goals. The information cited below will match the established Federal procurement data system next generation (FPDS-NG). a. FY XX competition goals (by activity) a. ____________% of total procurement actions b. ____________% of total dollars obligated b. FY XX competition rates Achieved (by activity) c. ____________% of total procurement actions d. ____________% of total dollars obligated 2. Advocate’s activities. Provide a brief synopsis of procurements or activities where competition was instrumental in achieving substantial cost savings or other benefits. 3. New initiatives required. Describe plans for improving competition, such as identifying change in contracting techniques or other operational procedures which will enhance the competitive aspects of procurement. a. to increase the acquisition of commercial items b. to increase competition c. to ensure requirements are stated in terms of functions to be performed, performance required or essential physical characteristics 4. Any barriers to the acquisition of commercial items or competition that remain. If applicable, provide the reasons (conditions, actions, impediments) for not attaining these goals or mitigating actions/measures taken or planned to resolve the problems. 5. Other ways in which the agency has emphasized the acquisition of commercial items and competition in areas such as acquisition training and research. Describe other efforts or accomplishments for improving competition, such as identifying change in contracting techniques or other operational procedures which will enhance the competitive aspects of procurement. List workshops or conferences conducted or attended and tangible benefits derived from them. 6. Proposed FYXX competition goals for actions and dollars (by activity). The submission shall include the supporting rationale for establishing the goals. When projecting goals, previous fiscal year competition statistics, projected obligations, and performance statistics from FPDS-NG shall be considered. Include a discussion of any significant obstacles encountered and/or issues experienced in the previous fiscal year which are expected to continue into the current fiscal year. a. ____________% of total procurement actions b. ____________% of total dollars obligated c. Projected expenditure d. Supporting rationale for the proposed competition goals e. Plans for increasing competition on a fiscal year basis The point of contact is ___________, title, telephone number________ or email____________. |