**Attachment B**

**Interim HHSAR changes related to the HHS JOFOC and LSJ templates**

> **306.303 Justifications.**
>
> **306.303-1 Requirements.**
>
> \(b\) The responsible Program Office must provide a written
> justification whenever it requests that goods or services be acquired
> without obtaining full and open competition. The justification must be
> submitted with the Acquisition Plan, requisition, or other acquisition
> request document (see Subpart [307.71]{.underline}). The Project
> Officer has responsibility for preparing the justification with
> assistance, as necessary, from the Contract Specialist and Contracting
> Officer.
>
> \(1\) Justifications for acquisitions at or below the simplified
> acquisition threshold may be in the form of a paragraph or paragraphs
> contained in the requisition or other acquisition request document.
> Justifications for acquisitions in excess of the simplified
> acquisition threshold shall be in the form of a separate,
> self-contained document, prepared in accordance with [FAR
> 6.303](http://www.acquisition.gov/comp/far/current/html/Subpart 6_3.html#wp1086841)
> and
> [306.303](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#306.303 Justifications.%23306.303 Justifications.),
> and titled "Justification for Other Than Full and Open Competition"
> (JOFOC). HHS requires use of a standard format for a JOFOC, which can
> be accessed at:
> ([http://www.hhs.gov/oamp/policies/](http://www.hhs.gov/oamp/policies)).
> Additional information may be included in the JOFOC template in
> accordance with OPDIV procedures.
>
> \(2\) Regardless of the dollar amount of the acquisition,
> justifications shall:
>
> \(i\) fully describe what is to be acquired;
>
> \(ii\) provide a specific explanation of why it is not feasible to
> obtain full and open competition;
>
> \(iii\) be supported by verifiable facts, rather than untested or
> unsubstantiated opinions or conclusions; and
>
> \(iv\) be written in a manner to permit an individual without
> technical knowledge of the requirement to understand the supporting
> rationale.
>
> \(3\) Preliminary arrangements with, or verbal or written commitments
> to, a proposed sole-source contractor shall be avoided given the
> statutory requirement to obtain full and open competition to the
> maximum extent practicable.
>
> \(4\) Justifications for orders to be placed under Federal Supply
> Schedules that restrict/limit consideration of contractors shall
> comply with [FAR 8.405-6]{.underline} and\
> [308.405-6]{.underline}.
>
> **306.304 Approval of the justification.**
>
> *Certification, concurrence, and approval requirements.* The Project
> Officer, the Project Officer's immediate supervisor, the head of the
> sponsoring program office, and the Contracting Officer shall certify
> that the justification is accurate and complete by signing the JOFOC.
> For acquisitions in the dollar amount cited in [FAR 6.304(a)(2)
> through (a)(4)]{.underline}, the Chief of the Contracting Office, if
> applicable, and the Head of the Contracting Activity shall indicate
> their review of, and concurrence with, the justification by signing
> the JOFOC.
>
> \(a\) The approving officials for JOFOCs are as follows:
>
> \(1\) The Contracting Officer shall exercise this approval authority
> unless a higher approval level is required by OPDIV procedures.
>
> \(2\) The competition advocates are listed in
> [306.501](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#306.501 Requirement.%23306.501 Requirement.).
> This approval authority is not delegable.
>
> \(3\) The competition advocate shall exercise this approval authority,
> except where the individual designated as the competition advocate
> does not meet the requirements of [FAR 6.304
> (a)(3)(ii)](http://www.acquisition.gov/far/current/html/Subpart 6_3.html).
> This approval authority is not delegable. 
>
> \(4\) The senior procurement executive of the Department is the Deputy
> Assistant Secretary for Acquisition Management and Policy.

\(c\) A class justification shall be processed in the same manner as an
individual justification. A class justification may consist of
contracts/orders for the same or related supplies and services or other
contract/order actions that require essentially identical
justifications.

**[PART 308---REQUIRED SOURCES OF SUPPLIES AND SERVICES]{.underline}**

**308.405-6 Limited source justification and approval.**

> (g)(1) As required by [FAR 8.405-]{.underline}1 or
> [8.405-2]{.underline}, the responsible Program Office must provide a
> written justification whenever it requests an acquisition under the
> Federal Supply Schedule (FSS) program that restricts consideration (i)
> of the number of schedule contractors or (ii) to an item peculiar to
> one manufacturer. The justification must be submitted with the
> Acquisition Plan, requisition, or other acquisition request (see
> Subpart [307.71]{.underline}). The Project Officer has responsibility
> for preparing the justification with assistance, as necessary, from
> the Contract Specialist and Contracting Officer.
>
> \(i\) Justifications for orders at or below the simplified acquisition
> threshold may be in the form of a paragraph or paragraphs contained in
> the requisition or other acquisition request document. Justifications
> for orders in excess of the simplified acquisition threshold shall be
> in the form of a separate, self-contained document, prepared in
> accordance with [FAR
> 8.405-6(g)](http://www.acquisition.gov/comp/far/current/html/Subpart 6_3.html#wp1086841)
> and
> [308.405-6(g)](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#306.303 Justifications.%23306.303 Justifications.),
> and titled "Limited Source Justification" (LSJ). HHS requires use of a
> standard format for an LSJ, which can be accessed at:
> ([http://www.hhs.gov/oamp/policies/](http://www.hhs.gov/oamp/policies)).
> Additional information may be included in the LSJ template in
> accordance with OPDIV procedures.
>
> \(ii\) Regardless of dollar amount of the acquisition, justifications
> shall:
>
> \(A\) fully describe what is to be acquired;
>
> \(B\) cite specific reasons that explain why it is necessary to
> restrict consideration of sources;
>
> \(C\) be supported by verifiable facts rather than untested or
> unsubstantiated opinions or conclusions; and
>
> \(D\) be written in a manner to permit an individual without technical
> knowledge of the requirement to understand the supporting rationale.
>
> \(iii\) Preliminary arrangements with, or verbal or written
> commitments to, a proposed contractor shall be avoided given the
> requirement to obtain competition for FSS orders using the procedures
> in [FAR Subpart 8.4]{.underline} -- see also [FAR
> 6.102(d)(3)]{.underline}.
>
> \(iv\) Justifications for non-FSS orders to be awarded without full
> and open competition shall comply with [FAR 6.303]{.underline} and
> [306.303]{.underline}.
>
> \(h\) Justification approvals.
>
> *Certification, concurrence, and approval requirements.* The Project
> Officer, the Project Officer's immediate supervisor, the head of the
> sponsoring program office, and the Contracting Officer shall certify
> that the justification is accurate and complete by signing the LSJ.
> For acquisitions in the dollar amount cited in [FAR 8.405-6(h)(2)
> through (h)(4)]{.underline}, the Chief of the Contracting Office, if
> applicable, and the Head of the Contracting Activity shall indicate
> their review of, and concurrence with, the justification by signing
> the LSJ. The approving officials for LSJs are as follows:
>
> \(1\) The Contracting Officer shall exercise this approval authority
> unless a higher approval level is required by OPDIV procedures.
>
> \(2\) The competition advocates are listed in
> [306.501](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#306.501 Requirement.%23306.501 Requirement.).
> This approval authority is not delegable.
>
> \(3\) The competition advocate shall exercise this approval authority,
> except where the individual designated as the competition advocate
> does not meet the requirements of [FAR
> 8.405-6(h)(3)(ii)](http://www.acquisition.gov/far/current/html/Subpart 6_3.html).
> This approval authority is not delegable. 
>
> \(4\) The senior procurement executive of the Department is the Deputy
> Assistant Secretary for Acquisition Management and Policy.

**PART 313\--SIMPLIFIED ACQUISITION PROCEDURES**\
\
[Subpart 313.3\--Simplified Acquisition
Methods](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#PART 313--SIMPLIFIED ACQUISITION PROCEDURES%23PART 313--SIMPLIFIED ACQUISITION PROCEDURES)\
Sec.\
  [313.301 Governmentwide commercial purchase
card.](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#313.301 Governmentwide commercial purchase card.%23313.301 Governmentwide commercial purchase card.)\
  [313.303 Blanket purchase agreements
(BPAs).](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#313.303 Blanket Purchase Agreements (BPAs).%23313.303 Blanket Purchase Agreements (BPAs).)\
  [313.303-5 Purchases under
BPAs.](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#313.303-5 Purchases under BPAs.%23313.303-5 Purchases under BPAs.)\
  [313.305 Imprest funds and third party
drafts.](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#313.305 Imprest funds and third party drafts.%23313.305 Imprest funds and third party drafts.)\
  [313.305-1
General.](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#313.305-1 General.%23313.305-1 General.)\
  [313.306 SF 44, Purchase
Order\--Invoice\--Voucher.](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#313.306 SF 44, Purchase Order--Invoice--Voucher.%23313.306 SF 44, Purchase Order--Invoice--Voucher.)

[313.501 Special documentation requirements]{.underline}

> Authority: [5 U.S.C.
> 301](http://www4.law.cornell.edu/uscode/5/301.html); [40 U.S.C.
> 486(c)](http://www4.law.cornell.edu/cgi-bin/htm_hl?DB=uscode40&STEMMER=en&WORDS=486+&COLOUR=Red&STYLE=s&URL=/uscode/40/486.html).

**313.501 Special documentation requirements.**

\(a\)

> \(1\)
>
> \(i\) The justification requirements of [306.303-1(b)]{.underline} and
> [306.303-1(b)(1) through (b)(4)]{.underline} apply to proposed
> noncompetitive acquisitions placed under [FAR Subpart
> 13.5]{.underline}.
>
> \(ii\) The HHS standard format for JOFOCs cited in
> [306.303-1(b)(1)]{.underline} shall be used to support noncompetitive
> acquisitions in excess of the simplified acquisition threshold placed
> under [FAR Subpart 13.5]{.underline}.
>
> \(iii\) The certification, concurrence, and approval requirements
> cited in [306.304]{.underline} for JOFOCs apply to applicable
> noncompetitive acquisitions placed under [FAR Subpart
> 13.5]{.underline}.

\(2\)

> \(i\) The Contracting Officer shall exercise this approval authority
> unless a higher approval level is required by OPDIV procedures.
>
> \(ii\) The competition advocates are listed in
> [306.501](http://www.knownet.hhs.gov/acquisition/hhsar/Default.htm#306.501 Requirement.%23306.501 Requirement.).
> This approval authority is not delegable.
>
> \(iii\) The competition advocate shall exercise this approval
> authority, except where the individual designated as the competition
> advocate does not meet the requirements of [FAR 6.304
> (a)(3)(ii)](http://www.acquisition.gov/far/current/html/Subpart 6_3.html).
> This approval authority is not delegable. 
>
> \(iv\) The senior procurement executive of the Department is the
> Deputy Assistant Secretary for Acquisition Management and Policy.