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NMCARS PART 5206 COMPETITION REQUIREMENTS



PART 5206 COMPETITION REQUIREMENTS

SUBPART 5206.2--FULL AND OPEN COMPETITION AFTER EXCLUSION OF SOURCES

5206.202 (DFARS 5206.202) Establishing or maintaining alternative sources.

(b)(1) D&Fs shall be signed as follows:

(A) For a proposed contract not exceeding $50,000,000, the approval level is the HCA, or a designee who

(a) If a member of the armed forces, is a general or flag officer; or

(b) If a civilian, is serving in a position in grade GS 16 or above under the General Schedule (or in a comparable or higher position under another schedule).

(B) For a proposed contract over $50,000,000, the approval level is the NSPE.

SUBPART 5206.3--OTHER THAN FULL AND OPEN COMPETITION

5206.303 Justifications.

5206.303-1 (DFARS 206.303-1) Requirements.

(b) HCAs are responsible for specifying these levels of review and approval.

5206.303-2 (DFARS 206.303-2) Content.

(a) Each justification also should include:

(i) A statement of delivery requirements (e.g. include a list of ships and/or shore activities and required delivery dates for each).

(ii) The total estimated dollar value for the acquisition(s) covered by the justification. The estimated dollar value should be identified by fiscal year and appropriation. The planning documents in current use by the program manager (and Integrated Product Team, if applicable) should be reviewed concurrent with preparation of the justification and updated if required. Justifications and planning documentation should be consistent; unavoidable discrepancies should be highlighted and explained to the approving official.
(iii) An expiration date if the justification is a class justification. Authority to act under a class justification expires on the expiration date specified in the document. When a solicitation has been furnished to a prospective offeror(s) before the expiration date, the authority under the class justification will continue until award of the contract(s) resulting from the solicitation.

5206.304 (DFARS 206.304) Approval of the justification.

(a) If the dollar value of the contract is negotiated at a level that exceeds the dollar threshold of the original justification approval authority, new justification approval shall be obtained from the appropriate approval authority prior to award.

(2) DoN activities with contracting authority in excess of $500,000 may be considered "procuring activities" solely for the purpose of enabling their competition advocate to exercise the approval authority provided by FAR 6.304(a)(2).

(c) Class justifications shall be approved in the same manner as individual justifications with the same approval thresholds. The cumulative dollar value of all actions contemplated under the class justification will be used to determine the approval authority for the class justification.

SUBPART 5206.5--COMPETITION ADVOCATES

5206.501 Requirement.

DASN(ACQ) is designated the Competition Advocate General of the Navy. HCAs shall appoint competition advocates for their respective contracting activities.

5206.502 Duties and responsibilities.

(a) Competition advocates will also:

(i) Act as the primary focal points to assist members of the private sector regarding their expressed concerns or complaints in reference to the manner of application or lack of application of competition in the acquisition process;

(ii) Take appropriate action to ensure that valid complaints from the private sector are resolved in a fair and timely manner; and

(iii) Have direct access throughout the Department of the Navy acquisition community as required to promote competition.

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