Mandatory Procedure |
MP5306.3
Other Than Full and Open Competition
MP5306.303-2 Content.
(a) A justification for a proposed contract action requiring Senior Procurement Executive (SPE) approval shall contain a cover page for coordination and approval that, as a minimum, includes the typed names, titles, telephone numbers, and signatures of the following officials (note: additional coordination is at the discretion of the involved parties):
(1) The contracting officer;
(2) The program manager or other individual responsible for the requirement if there is no program manager;
(3) The local competition advocate;
(4) As applicable, the PEO, Director of Contracting, or HCA-designated official; and
(5) The Senior Procurement Executive.
(b) The J&A shall identify the type of contract contemplated.
(c) As part of the statement of actions taken to remove or overcome barriers to competition, the contracting officer shall address any actions taken to qualify additional sources and to obtain reprocurement data, applicability of system-level competition plans; and an explanation and rationale if no actions to foster future competition are planned.
(d) A J&A shall be supported by a sources-sought synopsis where practical. Where results of the sources-sought synopsis are available, they shall be incorporated in the J&A.
MP5306.304 Approval of the justification.
MP5306.304-91 Procedures for Class J&As.
(a) Class justifications and International Agreement Competitive Restrictions (IACR) documents may be used in certain circumstances. For example, they may be used when citing similar justification authority for a group of related contract actions for the same or related supplies or services. Each class J&A or IACR must clearly establish for each contract:
(1) The supplies and services that may be acquired;
(2) Contractor(s) and contract type;
(3) The estimated contract value; and
(4) The time period for award and contract performance (including options).
NOTE: Information that is the same for multiple contracts need not be restated for each.
(b) Describe each contract action to be approved under a class J&A or IACR as precisely as possible. The contracting office must maintain a list of all approved items under the J&A or IACR. No parts should be included for which a planned competitive strategy will exist during the term of the J&A or IACR. The J&A should discuss potential for future competition for spare parts included in the list.
(c) When contracts under a class J&A or IACR will be based on demand-generated requirements (e.g., indefinite-quantity, requirements, and level-of-effort contracts), use the best estimates of supplies and services to be ordered. However, the J&A or IACR must state the maximum quantity that may be acquired.
MP5306.304-92 Procedures for J&As requiring approval by the SPE.
(e) The contracting officer should submit justifications requiring approval by the SPE to SAF/AQCK. Allow 30 days for staffing and SPE approval after receipt by SAF/AQCK. The HCA or an HCA-designated official may authorize solicitation release after the justification is reviewed for adequacy and forwarded to SAF/AQCK. Questions or concerns with regard to processing a J&A for SPE approval should be referred to SAF/AQCK. For additional solicitation release requirements, see AFFARS 5307.104(iv).
MP5306.304-93 Procedures for J&A changes.
The following procedures are applicable to J&A changes that require SPE [ASAF(A)] approval. The contracting officer shall submit such changes to SAF/AQCK for processing.
(a) Before approval. During its review, SAF/AQCK or any Secretariat office may recommend changes to the J&A. The contracting officer may accomplish these changes or any other changes by submitting change pages to SAF/AQCK for inclusion in the final document. Re-coordination below the Secretariat level is not required for these changes, but may be accomplished at the contracting officer’s discretion.
(b) After approval.
(1) Regardless of dollar value, for new effort outside the scope of the original J&A, the contracting officer shall submit a new J&A as a stand-alone document to the appropriate approving authority. New work shall not commence until the new J&A is approved.
(2) Before contract award, if the dollar value is expected to exceed the original J&A approval authority, the contracting officer shall submit an amended J&A to the appropriate approving official and obtain approval. Clearly identify the dollar increase from the approved J&A.
(3) After contract award, if the dollar value of an in-scope change exceeds the original J&A approval authority or increases the approved J&A dollar value by 50 percent or more, the contracting officer shall submit an amended J&A to the appropriate approving official. Clearly identify changes from the approved J&A.