AFARS PART 5106

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Subpart 5106.3 -- Other Than Full and Open Competition

Subpart 5106.5 -- Competition Advocates


AFARS -- Part 5106

Competition Requirements


Subpart 5106.3 -- Other Than Full and Open Competition

5106.302 -- Circumstances Permitting Other Than Full and Open Competition.

5106.302-1 –Deleted. [AFARS Revision #008, dated February 3, 2004]

5106.302-3 -- Industrial Mobilization; or Engineering, Development, or Research Capability

(c) When using the authority of FAR 6.302-3(a)(2)(ii), the contracting officer must ensure that the technical and requirements personnel’s certifications required by FAR 6.303-1(b) and 6.303-2(b) contain a statement that the proposed effort has been reviewed to assure that it falls within the charter or special capabilities of the proposed institution and establishes or maintains (as appropriate) an essential engineering, research or development capability to be provided by an educational or other non-profit institution or a federally funded research and development center (FFRDC). In addition, when proposing to contract directly with an FFRDC not sponsored by the contracting activity, the contracting officer must ensure that the requirements personnel have included with the procurement request a written confirmation from the sponsoring agency that the proposed effort falls within the purpose, mission and general scope of effort or special competency of the FFRDC. (See FAR 17.504(e).)

5106.303 -- Justifications.

5106.303-1 -- Requirements.

(b) HCAs must establish appropriate management levels for review and approval of recommendations by technical and requirements personnel.

(c) A justification made on a class basis—

(i) May cover contracts to be awarded in successive fiscal years, provided that the requirements and quantities, as included in the Future Years Defense Plan, and their costs have been specifically identified.

(ii) Must address every contract included in the scope of the class justification in each paragraph in detail (e.g., specific quantity and dollar amounts for each contract; detailed documentation of the circumstances supporting the use of other than full and open competitive procedures for each contracting action)

(iii) Must include only those supply or service components that are, and will clearly remain, sole source for the period covered by the justification.

(d) If a contract exceeding $50 million is awarded prior to approval of a justification using the authority cited in FAR 6.302-2, the justification must be submitted for approval to the address in 1.290(b)(2) no later than 30 working days after contract award.

(e) Deleted [AFARS Revision #002, dated Jan 25, 2002].

5106.303-1-90 -- Requirements for Amended Justifications.

(a) The contracting officer must amend the justification and obtain the required approvals when any of the following occur prior to award of the contract:

(d) Prepare all amended justifications as required in 5106.303-2-90(b)(3).

5106.303-2 -- Content.

Attach a copy of the approved acquisition plan (DFARS 207.103(c)) to the justification.

5106.303-2-90 -- Format of the Justification Review and Justification and Approval Documents.

(a) General. The formats for justification review document (5153.9004) and justification and approval must be used for contracting actions exceeding $50 million.

(b) Instructions.

5106.304 -- Approval of the Justification.

(a) If any change (e.g., dollar value, strategy, scope) exceeds the basis for the original justification approval authority, new justification approval must be obtained from the appropriate approval authority prior to award.

(c) Class justifications must be approved in the same manner as individual justifications with the same approval thresholds..

Subpart 5106.5 -- Competition Advocates

5106.501 -- Requirement.

The ASA(ALT) appoints the Army Competition Advocate General. The Deputy Assistant Secretary of the Army for Procurement (SAAL-ZP) is the Army Competition Advocate General (ACAG). The ACAG has delegated to HCAs the authority to appoint the Special Competition Advocates (SCAs) at Army procuring activities and their alternates. This authority shall not be redelegated. Designation of competition advocates at contracting offices subordinate to contracting activities must depend on the nature of the contracting mission of the office, the volume of significant contracting actions, the complexity of acquisition planning and other responsibilities of such local advocates. Competition advocates may be appointed on a part-time basis.

5106.502 -- Duties and Responsibilities.

(b)

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