U.S. flag
          An official website of the United States Government  Main navigation
  

        

              Data Initiatives
                              Regulations
                                                                        Row 1
                                              FAR FAR
                              Smart Matrix Smart Matrix
                              Chapter 99 (CAS) Chapter 99 (CAS)
                              Row 2
                                              DFARS DFARS
                              DFARSPGI DFARSPGI
                              AFARS AFARS
                              DAFFARS DAFFARS
                              DAFFARS MP DAFFARS MP
                              DARS DARS
                              DLAD DLAD
                              NMCARS NMCARS
                              Row 3
                                              SOFARS SOFARS
                              TRANSFARS TRANSFARS
                              AGAR AGAR
                              AIDAR AIDAR
                              CAR CAR
                              DEAR DEAR
                              DIAR DIAR
                              DOLAR DOLAR
                              Row 4
                                              DOSAR DOSAR
                              DTAR DTAR
                              EDAR EDAR
                              EPAAR EPAAR
                              FEHBAR FEHBAR
                              GSAM/R GSAM/R
                              HHSAR HHSAR
                              HSAR HSAR
                              Row 5
                                              HUDAR HUDAR
                              IAAR IAAR
                              JAR JAR
                              LIFAR LIFAR
                              NFS NFS
                              NRCAR NRCAR
                              TAR TAR
                              VAAR VAAR
                              Tools
                                                                        Archives
                              Smart Matrix
                              Regulations Search
                              Acquisition Regulation Comparator (ARC)
                              Policy Network
                                                                        CAOC
                              CAAC
                              FAR Council
                              ISDC
 Breadcrumb
        Home
                            Regulations
                            NMCARS
                            Part 5206 - COMPETITION REQUIREMENTS
        
                  NMCARS
NMCARS
Change Number: NMCARS Change 18-22 Effective Date: 07/11/2022
PartPart 5201Part 5202Part 5203Part 5204Part 5205Part 5206Part 5207Part 5208Part 5209Part 5211Part 5212Part 5213Part 5214Part 5215Part 5216Part 5217Part 5219Part 5222Part 5223Part 5225Part 5227Part 5228Part 5229Part 5230Part 5231Part 5232Part 5233Part 5234Part 5235Part 5236Part 5237Part 5239Part 5241Part 5242Part 5243Part 5245Part 5246Part 5248Part 5249Part 5250Part 5252Annex 1Annex 2Annex 3Annex 4Annex 5Annex 6Annex 7Annex 8Annex 9Annex 10Annex 11Annex 12Annex 13Annex 14Annex 15Annex 16Annex 17Annex 18Annex 19Annex 20Annex 21Annex 22Annex 23Annex 24Annex 25
Subpart5206.25206.35206.5
Section
Leave this field blank
        
                  

                                
                  
        « PreviousNext »
Part 5206 - COMPETITION REQUIREMENTSPart 5206 - COMPETITION REQUIREMENTS       Subpart 5206.2 - FULL AND OPEN COMPETITION AFTER EXCLUSION OF SOURCES                                                         5206.202 Establishing or maintaining alternative sources.                                                                             Subpart 5206.3 - OTHER THAN FULL AND OPEN COMPETITION                                                         5206.302 Circumstances permitting other than full and open competition.                                                                           5206.302-5 Authorized or required by statute.                                                                                                           5206.303 Justifications.                                                                           5206.303-1 Requirements.                                                                              5206.303-2 Content.                                                                              5206.303-90 Legal reviews.                                                                              5206.303-91 Bridge Contract Status Update.                                                                              5206.303-92 Bridge Contract Reporting.                                                                                                           5206.304 Approval of the justification.                                                            5206.305 Availability of the justification.                                                                             Subpart 5206.5 - COMPETITION ADVOCATES                                                         5206.501 Requirement.                                                            5206.502 Duties and responsibilities.    Subpart 5206.2 - FULL AND OPEN COMPETITION AFTER EXCLUSION OF SOURCES     5206.202 Establishing or maintaining alternative sources.    (b)(1) Determination and Findings (D&Fs) shall be signed as follows:       (i) For a proposed contract not exceeding the approval threshold at FAR 6.304(a)(3), the approval level is the HCA, or a designee who—       (A) If a member of the armed forces, is a general or flag officer; or       (B) If a civilian, is serving in a position in the Senior Executive Service (SES).       (ii) For a proposed contract exceeding          the approval threshold at FAR 6.304(a)(4), the approval level is the NSPE. D&Fs for          NSPE approval shall be submitted with a copy of the approved AS, Streamlined Acquisition          Plan (STRAP) or Management and Oversight Process for the Acquisition of Services –          Streamlined (MOPAS-S) via DASN(P) by email at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] FAR 6.202 - Establishing or Maintaining Alternative Sources.”Subpart 5206.3 - OTHER THAN FULL AND OPEN COMPETITION    As used in this subpart --       “Contract” refers to both contracts and orders issued under a Basic Ordering Agreement (BOA).       “New procurement work” means a requirement that is not authorized by the terms and conditions of an existing contract (e.g., a Congressional plus-up or Foreign Military Sale (FMS) provided by another country). 5206.302 Circumstances permitting other than full and open competition.     5206.302-5 Authorized or required by statute.    (b) *Application*. Prior to awarding a SBIR/STTR Phase III contract, the Contracting Officer must affirm in the BCM that the SBIR/STTR Phase III award is derived from, extends, or completes efforts made under prior SBIR/STTR Phase I or II awards and is authorized pursuant to 15 U.S.C. 638(r)(4).5206.303 Justifications.     5206.303-1 Requirements.    (a)(i) *Prior to contract award*. After a justification has been approved but prior to contract award, an amended justification may be submitted when new procurement work is identified and the authority remains unchanged from the original justification.       (1) Clearly identify the dollar increase and all new procurement work.       (2) If the revised total value of the amended justification exceeds the original justification’s approving authority, the contracting officer shall submit the amended justification to the appropriate approving authority based on the revised total value.       (ii) *After contract award*. A new justification is required. New procurement work shall not commence until a new justification is approved unless authorized under FAR 6.302-2, Unusual and Compelling Urgency.       (d)(1) A justification shall only be approved on a class basis when it is authorizing new procurement work on two or more procurements which cite the same authority for other than full and open competition. Multiyear contracts and contracts with priced options are considered individual contract actions. A justification made on a class basis--       (A) May cover one or more contractors;       (B) May cover requirements solicited in successive fiscal years, provided the requirements and quantities are included in the justification, and their costs have been specifically identified.       (C) Shall include only those requirements that are, and will remain, sole or limited source for the period covered by the justification.       (D) May include, but is not limited to:       (i) A BOA and orders to be issued under it,       (ii) Consecutive years of production buys that may be solicited separately.       (iii) Multiple contracts to provide Government Furnished Equipment (GFE) for assembly into an end item.       (E) Shall address in every section, each contract included in the class justification with supporting detail (e.g., specific quantity and dollar amounts for each contract; detailed documentation of the circumstances supporting the use of the other than full and open competitive procedures for each contracting action).       (2) Issuance of a contract under FAR 16.5 does not require a class J&A.       (S-90) Approval and Authorization for Bridge Contracts*.*       (a) Approval and authorization to award a bridge contract, a non-competitive contract awarded to “bridge” the time between the end of one contract and the beginning of another related contract, shall be obtained prior to requesting a J&A. See Annex 4 for STRL deviations applicable hereto. Annex 5, Bridge Contract Approval and Reporting, contains the prescribed format for the request for approval. The approval authorities for bridge contract actions are:       (1) $700,000 or less - The Activity CCO       (2) Greater than or equal to $700,000 but less than $5,500,000 - Echelon I/II CCO       (3) Greater than or equal to $5,500,000 - HCA       (b) For the purposes of approving bridge contracts, HCAs designated as an Echelon III command shall have the same approval authority as those designated as an Echelon II command.       (c) This approval authority is only delegable one level.       (d) Once approval to award a bridge contract is obtained, a J&A for other than full and open competition shall also be approved in accordance with FAR 6.303/6.304 and DFARS       206.303/206.304. If approval of the J&A negates consideration under SeaPort, see 5206.304 and 5206.305. This applies if the contract for which a bridge is being sought would have been considered for transition to SeaPort but for the bridge.5206.303-2 Content.    (b)(3) The total estimated dollar value          for each acquisition covered by the justification, identified by appropriation.       (9)(ii) Address the requirements at both FAR 6.302-1(a)(2)(ii) and (a)(2)(iii) as shown in Annex 1.       (iv) The period of performance for each proposed acquisition.       (v) If the justification is a class justification, an expiration date expressed as a calendar date.       (11) If this is a follow-on to a previously approved J&A, include how the previously stated actions to remove barriers to competition have been accomplished. If not accomplished, explain why and the new plan to accomplish those actions. If the justification is for a bridge contract, include an approved copy of Annex 5.       (S-90) Format. The required format for a justification is at Annex             1.5206.303-90 Legal reviews.    (a) Prior to its submission for approval, each justification shall have a legal sufficiency review by counsel for the activity preparing the justification. HCAs are responsible for establishing review procedures for field purchasing activities without assigned counsel.       (b) A legal sufficiency review shall be obtained on the appropriateness of the addition of any new procurement work to a contract prior to its addition.       5206.303-91 Bridge Contract Status Update.       (a) In the case of bridge contracts to provide for continuation of a service to be performed through a services contract awarded due to inadequate planning, as defined in paragraph (b) of this subsection, with a total estimated valued at or above $10 million, HCAs shall provide a status update (including rationale for using the bridge contract) to the SSM via email at seniorservicesmanage.fct@navy.mil, with the subject “[Activity Name] NMCARS 5206.303-91 Bridge Contract Status Update”, at the midpoint of the current bridge contract period of performance to allow sufficient time to finalize disposition prior to the end of the bridge contract period of performance.       (b) All bridge contracts are considered awarded due to inadequate planning except in the case of protest, urgent requirements, or evaluation delays during the source selection process.       (c) This subsection does not apply to:       (1) Services contracts in support of contingency operations, humanitarian assistance, or disaster relief;       (2) Services contracts in support of a national security emergency declared with respect to a named operation; or       (3) Services contracts entered into pursuant to an international agreement.5206.303-91 Bridge Contract Status Update.    (a) In the case of bridge contracts to provide for continuation of a service to be performed through a services contract awarded due to inadequate planning, as defined in paragraph (b) of this subsection, with a total estimated valued at or above $10 million, HCAs shall provide a status update (including rationale for using the bridge contract) to the SSM via email at seniorservicesmanage.fct@navy.mil, with the subject “[Activity Name] NMCARS 5206.303-91 Bridge Contract Status Update”, at the midpoint of the current bridge contract period of performance to allow sufficient time to finalize disposition prior to the end of the bridge contract period of performance.       (b) All bridge contracts are considered awarded due to inadequate planning except in the case of protest, urgent requirements, or evaluation delays during the source selection process.       (c) This subsection does not apply to:       (1) Services contracts in support of contingency operations, humanitarian assistance, or disaster relief;       (2) Services contracts in support of a national security emergency declared with respect to a named operation; or       (3) Services contracts entered into pursuant to an international agreement.5206.303-92 Bridge Contract Reporting.    Data on bridge contract use shall be          reported by HCAs to DASN(P). Reports shall be submitted 15 days after the end of each quarter. The required             Excel file for reporting can be found at the location identified at NMCARS 5201.105-3.             Negative reports are required. Reports shall be submitted via email to   seniorservicesmanage.fct@navy.mil with the subject “NMCARS          5206.303-92 - Bridge Contract Report by [Command Name]”.5206.304 Approval of the justification.    (a)(S-90) Notwithstanding FAR 6.304, DFARS 206.304, the HCA is designated as the approval authority for justifications of 8(a) sole source awards exceeding $100 million. HCA authority may be delegated to the Deputy/Assistant Commander for Contracts, without power of redelegation. See Annex 4 for STRL deviations applicable hereto.       (a)(1) For contract actions that would negate the use of SeaPort, the justification shall be approved by the advocate for competition for the procuring activity.       (2) DON activities with contracting          authority in excess of $750,000 may be considered          “procuring activities” solely for the purpose of enabling their competition advocate to          exercise this approval authority.       (4) Justifications for ASN(RDA) approval          must be submitted via DASN(P) by email at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the             subject “[Activity Name] FAR 6.304(a)(4) – J&A Approval – Other Than Full and Open             Competition”. The signature page shall be submitted electronically as a .pdf file.          The body of the justification shall be submitted electronically as both Word and .pdf          files. The applicable Acquisition Strategy (or STRAP             or MOPAS-S if no Acquisition Strategy exists) shall be submitted with the justification.             The documents should be reviewed concurrent with preparation of the justification and             updated if required. Justifications and planning documentation should be consistent and             any unavoidable discrepancies highlighted and explained within the document.5206.305 Availability of the justification.    (S-90) In addition to the requirements at FAR 6.305 and DFARS 206.305, no solicitation shall be issued earlier than three (3) business days after the HCA forwards a copy of any approved justification which negates the use of SeaPort. The approved justification shall be submitted to DASN(P) by email at   SeniorServicesManage.fct@navy.mil           with the subject “NMCARS 5206.304(a) – Justification Negating the Use of SeaPort.” The only exception to this is if the circumstances at FAR 6.302-2, apply. That justification shall be submitted not later than two (2) business days after its approval.Subpart 5206.5 - COMPETITION ADVOCATES     5206.501 Requirement.    DASN(P) is designated the Competition Advocate General of the Navy. HCAs shall appoint competition advocates for their respective contracting activities.5206.502 Duties and responsibilities.    (b)(2) The annual competition report shall be submitted via DASN(P) by January 31st of each year by email at   RDAJ&As.fct@navy.mil           with the subject “[Activity Name] FAR 6.502(b) Annual Competition Report.”       (S-90) Competition advocates shall also:       (1) Act as the primary focal points to assist members of the private sector regarding their expressed concerns or complaints in reference to the manner of application or lack of application of competition in the acquisition process; and       (2) Take appropriate action to ensure that valid complaints from the private sector are resolved in a fair and timely manner.
« PreviousNext »
FavoriteX

      NMCARS Parts
            Regulations Nmcars Menu
  

        
      Index
                              5201
                              5202
                              5203
                              5204
                              5205
                              5206
                              5207
                              5208
                              5209
                              5211
                              5212
                              5213
                              5214
                              5215
                              5216
                              5217
                              5219
                              5222
                              5223
                              5225
                              5227
                              5228
                              5229
                              5230
                              5231
                              5232
                              5233
                              5234
                              5235
                              5236
                              5237
                              5239
                              5241
                              5242
                              5243
                              5245
                              5246
                              5248
                              5249
                              5250
                              5252
                          NMCARS Annex
              Regulations Nmcars Annex Menu
  

        
      1
                              2
                              3
                              4
                              5
                              6
                              7
                              8
                              9
                              10
                              11
                              12
                              13
                              14
                              15
                              16
                              17
                              18
                              19
                              20
                              21
                              22
                              23
                              24
                              25

      ×
        Data Initiatives
                                                              Regulations
                                                              Tools
                                              Archives
                                                              Smart Matrix
                                                              Regulations Search
                                                              Acquisition Regulation Comparator (ARC)
                                                              Policy Network
                                              CAO.gov
                                                        CAO Home
                                                              Council Member
                                                                    Large Agencies
                                                              Small Agencies
                                                              Council Defining Documents
                                                                    CAOC History
                                                              CAOC Charter
                                                              Civilian Agency Acquisition Council (CAAC)
                                                              Federal Acquisition Regulatory Council
                                                              Interagency Suspension and Debarment Committee (ISDC)
                                                              Search
 ˄ Top Sign up for FAR News

                            Share the FAR
                        Upper Footer Menu
  

        
      Useful Links
                              FAR Resources
                              Training
                              Acquisition Systems
            
                            **Contact Us/FAQs**
                        **Privacy and Security Notice**
                        **Accessibility Aids**
                        **Last Updated 03/29/2024**
 ACQUISITION.GOV
                An official website of the General Services Administration About GSA
                Accessibility support
                FOIA requests
                No FEAR Act data
                Office of the Inspector General
                Performance reports
                Privacy policy Looking for U.S. government information and services?
            Visit USA.gov
 «
    
    Tt