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 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.
(b) Application. When a procurement will not be synopsized because of national security considerations (FAR 5.202(a)(1)), use the authority of 10 U.S.C.2304(c)(6), not (c)(1).
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).)
(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) Prior to exercising options included in a previously approved J&A, these options must be individually rejustified and approved in writing at the same level as the original J&A. This requirement is not waivable, either on an individual or class basis. The rejustification shall contain the following: (1) a copy of the original J&A, and (2) a written determination by the Contracting Officer that comprehensive, current market research has been utilized to justify the exercise of the option, and a summary and analysis of what the market research found. In addition, the rejustification shall contain all of the requirements of FAR 17.2, which are applicable to the exercise of a sole source option. The rejustification shall be submitted for approval through contracting channels to the same level that approved the original J&A. In those cases where the option rejustification is to be approved by the Assistant Secretary of the Army (Acquisition, Logistics and Technology), the option rejustification need only be signed by the Principal Assistant Responsible for Contracting, prior to forwarding it electronically to the Office of the Assistant Secretary of the Army (Acquisition, Logistics and Technology) for approval. Option rejustifications, regardless of dollar value, shall not exceed 1 page.
In accordance with 10 U.S.C.2304 (c)(2), when the need to exercise a sole source option for supplies and services is of such an unusual and compelling urgency that the Government would be seriously injured unless the option is exercised, the rejustification must be submitted for approval no later than 15 days after the option is exercised. This provision must only be used in those situations (as defined in 10 U.S.C. 2304 (c)(2)) where an unusual and compelling urgency exists, and where the delay in exercising the option will result in serious injury to the Government. In these cases, the rejustification (in addition to those items enumerated in this paragraph (e)) will also contain a discussion addressing the unusual and compelling urgency, and the need to exercise the option before approval can be obtained. The requirement set forth in this paragraph is not waivable, either on an individual or class basis.
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:
(1) An increase in the dollar value of the prospective contract beyond the authority of the previous approving official;
(2) A change in the competitive strategy that further reduces competition; or
(3) A change in requirements that affects the basis for the justification.
(d) Prepare all amended justifications as required in 5106.303-2-90(b)(3).
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.
(1) Justification review document. This is the cover page of the justification and approval document. Begin page numbering on this document. Enter the control number in the upper right corner of each page.
(2) Justification and approval document.
(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:
(A) Number amendments sequentially.
(B) Include paragraphs 1, 2 and 3 in full, revised if required. Place a vertical line in the right margin to mark lines containing changes.
(C) Include new certifications by the contracting officer (paragraphs 11 and 12). Include new technical and requirements certifications (paragraphs 13 and 14) only when changes in those areas of responsibility prompted the amendment.
(D) Use paragraph 10 to explain the reason for the amendment and to give any additional information that would help the reader understand the changes made.
(E) Address all remaining paragraph numbers of the justification format either by stating "No change" following the paragraph number or by inserting the entire revised paragraph. If practical, use a vertical line in the right margin to mark revised lines. For major revisions, including the addition of paragraphs that previously did not apply, instead of using a vertical line, use paragraph 10 to identify the paragraph number and summarize the changes; do this following the entry required by (D).
(ii) Determine the approval level for an amended justification by using the new dollar value of the amended justification.
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
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)
(2) Special competition advocates must report to the Army Competition Advocate General no later than 30 December of each year with the following information (use Reports Control Symbol DD-ACQ(AN) 1644:
(A) The level of competition achieved against the assigned goal and reasons for not attaining the goal.
(B) Significant actions taken 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
(D) A plan for competition in the coming fiscal year.
(E) Any other activities and accomplishments.
(ii) By October 15th of each year special competition advocates must provide to the Army Competition Advocate General, through the HCA, recommended competition goal for the coming fiscal year.
(iii) Special competition advocates should 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.