AFARS PART 6

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SUBPART 6.3--OTHER THAN FULL AND OPEN COMPETITION

6.302 Circumstances permitting other than full and open competition.

6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

6.302-2 Unusual and compelling urgency.

(c)(1) Limitations. See 6.303-1(e).

6.302-3 Industrial mobilization; or engineering, development, or research capability.

(c) When using the authority of FAR 6.302-3(a)(2)(ii), the contracting officer shall 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 shall 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).)

6.303 Justifications.

6.303-1 Requirements.

(a) Solicitations shall not be released until the justification is approved in writing unless the requirements of FAR 6.303-1(e) are met.

(b) HCAs shall 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) Shall 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; type of contractual action anticipated for each contract; detailed documentation of the circumstances supporting the use of noncompetitive procedures for each contracting action, etc.)

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

(iv) Generally, should not include spare and repair parts.

(e) If a contract not exceeding $50 million is awarded under the authority cited in FAR 6.302-2 prior to approval of the justification, the justification shall be forwarded to the approving authority within 10 working days of contract award. If a contract exceeding $50 million is awarded prior to approval of the justification, the justification shall be submitted to the addressee in 1.290(b)(2) within 30 working days of contract award for approval.

6.303-1-90 Requirements for amended justifications.

6.303-2 Content.

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

6.303-2-90 Format of the justification review and justification and approval documents.

(a) General. The formats for justification review document (53.9004) and justification and approval (53.9005) shall be used for the approval of justifications for other than full and open competition for contracting actions exceeding $50 million.

(b) Instructions.

(1) Justification review document. This is the cover page of the justification and approval document. Its purpose is to provide a quick summary of key information. Begin page numbering on this document. Enter the control number in the upper right corner of each page.

(i) Continue page numbering on the first page of the justification, and number each page of the justification and approval document.

(ii) Enter the control number in the upper right corner of each page.

(iii) If a paragraph of the format does not apply to the contracting action, indicate "Not applicable," and explain why.

(iv) Give special attention to providing a comprehensive statement in paragraph 7, "Actions to Increase Competition."

(3) Amended justifications. (i) When an amended justification is required, prepare a document entitled "Amendment to Justification for Other Than Full and Open Competition," using the same paragraph designations used in the original justification. Attach a copy of the original justification review, and justification and approval documents. In addition, do the following:

(ii) Determine the approval level for an amended justification by using the new dollar value of the amended justification.

6.304 Approval of the justification.

(c) Process the class justification for approval by following the procedures for approval of an individual justification. An amendment to the class justification shall be processed for any change in the acquisition strategy or the scope of the class justification. Prior to award, legal counsel and the special competition advocate must review and concur with each action processed under a class justification and approval. Reviews must ensure that every consideration is given to enhancing competition.

SUBPART 6.5--COMPETITION ADVOCATES

6.501 Requirement.

The ASA(RDA) appoints the Army Competition Advocate General. The Deputy Assistant Secretary of the Army for Procurement (SARD-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 shall 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.

6.502 Duties and responsibilities.

(b)(i) Special competition advocates shall provide an annual report to the Army Competition Advocate General on or before 30 December each year. Use Reports Control Symbol DD-ACQ(AN) 1644. See DoDI 5000.2, Part 5, Section A, paragraph 3c(3), "Defense Acquisition Management Policies and Procedures." The report shall cover the prior fiscal year and shall contain the following information:

(A) The level of competition achieved against the assigned goal and, as appropriate, reasons for not attaining the goal.

(B) Significant actions taken during the reporting period, such as innovative ideas implemented to increase competition or overcome barriers to competition, number of new sources identified as the result of market surveys, notable savings or performance/quality enhancements resulting from competition, or employees recognized for initiatives to enhance competition.

(C) Mitigating actions affecting goal achievement, such as the number of sources sought synopses to which there was no response, and other actions that indicated competition would not be practicable.

(D) A plan for competition in the coming fiscal year.

(E) Any other activities and accomplishments.

(iii) Special competition advocates are encouraged to provide supplementary information on items considered significant to the Competition Advocate General at any time during the fiscal year. Use Reports Control Symbol SAOSA-208.

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