AFFARS PART 5306 - Competition Requirements

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PART 5306 -
Competition Requirements

[Revised April 21, 2014]

SUBPART 5306.2 — FULL AND OPEN COMPETITION AFTER EXCLUSION OF SOURCES

5306.202 Establishing or Maintaining Alternative Sources

(b)(1) The Life Cycle Management Plan (LCMP) / Acquisition Plan (AP) / Acquisition Strategy approval authority is authorized to sign and approve the Determination and Findings (D&F) required by FAR 6.202(b)(1).

SUBPART 5306.3 — OTHER THAN FULL AND OPEN COMPETITION

5306.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

(a)(2)(i)(1) See MP5301.601(a)(i).

5306.302-2 Unusual and Compelling Urgency

(c)(1) Contracting Officers must notify SAF/AQC and their MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO) as soon as practicable when contemplating the use of this authority for a J&A requiring Senior Procurement Executive (SPE) approval.

(d)(1)(ii) The DAS(C) and the ADAS(C) are the authority to make this determination for the Air Force. This authority is not further delegated.

5306.302-4 International Agreement

(c) Limitations. The document referred to in DFARS 206.302-4(c) must be titled, “International Agreement Competitive Restrictions (IACR).” The authority to prepare an IACR is delegated from the HCA to the contracting officer (see MP5301.601(a)(i)). The contracting officer must include the IACR and a copy of the associated Letter of Offer and Acceptance in the contract file.

5306.303-1 Requirements

(a) Solicitations for other than full and open competition must not be released until the justification has been approved, except as provided by FAR 6.302-2(c)(1).

5306.303-2 Content

(a) Use the Justification and Approval Documentation templates for J&A content and suggested coordinationand approval cover sheets.

5306.304 Approval of the Justification

(a)

J&A Value

Approval Authority

Delegability

< $650K

Chief of the Contracting Office

Delegable to Contracting Officer, consistent with warrant level

> $650K <$12.5M

Procuring Activity
Competition Advocate

Not further delegable

> $12.5M < $85.5M

PEO / Head of Procuring Activity / Designated Alternate if they meet the criteria in FAR 6.304(a)(3). If they do not meet the criteria in FAR 6.304(a)(3) = Senior Procurement Executive

Delegable to Flag / General Officer or civilian SES

> $85.5M*

Senior Procurement Executive

Not further delegable

* Justification and approval (J&A) for actions exceeding $85.5M must be coordinated with the DAS(C) or the ADAS(C) and approved by the Senior Procurement Executive (SPE). The contracting officer must submit justifications requiring approval by the SPE simultaneously to SAF/AQ and to SAF/AQC after coordination by the MAJCOM/DRU/HQ AFICA/AFISRA SCO (or for AFLCMC and SMC, the SCCO). Allow 30 days for staffing and SPE approval after receipt by SAF/AQ. HCA designees (see MP5301.601(a)(i)) may authorize solicitation release after the justification is reviewed for adequacy and forwarded to SAF/AQ. Submit questions or concerns regarding processing a J&A for SPE approval to SAF/AQC.

5306.304-90 Changes after J&A Approval

(a) Prior to contract award. After a J&A has been approved, but prior to contract award, if the dollar value of the contract is expected to exceed the original J&A approval authority, the contracting officer must submit an amended J&A to the appropriate approving official and obtain approval. Clearly identify the dollar increase from the approved J&A.

(b) After contract award. When a proposed contract action is for new work outside the scope of the original contract, the contracting officer must submit a new J&A as a stand-alone document to the appropriate approving authority based on the dollar value of the contract action for the new work. New work should not commence until the new J&A is approved unless authorized under FAR 6.302-2, Unusual and Compelling Urgency.

(c) A new J&A is not required for:

(1) a decrease in the dollar value or scope of the effort; or

(2) an increase in the estimated dollar value of in-scope work, except as described in (a) above.

(d) For those J&As requiring approval by the SPE, SAF/AQC or other Secretariat offices may recommend changes to the J&A. The contracting officer must accomplish these changes or any other changes by submitting a revised document to SAF/AQC. Unless otherwise established by MAJCOM/DRU/HQ AFICA/AFISRA/SMC procedures, re-coordination below the Secretariat is not required for these changes.

SUBPART 5306.5 — COMPETITION ADVOCATES

5306.501 Requirement

The DAS(C) is the designated Air Force Competition Advocate General. The following organizations are designated as “procuring activities”:

These organizations are authorized to further designate subordinate organizations as “procuring activities” subject to the requirements of FAR 6.501 and MP5306.502, Air Force Competition and Commercial Advocacy.

5306.502 Duties and Responsibilities

See MP5306.502, Air Force Competition and Commercial Advocacy Program.

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