PART 6 –– COMPETITION REQUIREMENTS

 SUBPART 6.2 — FULL AND OPEN COMPETITION AFTER EXCLUSION OF SOURCES

 6.202 Establishing or maintaining alternative sources.

 SUBPART 6.3 — OTHER THAN FULL AND OPEN COMPETITION

 206.302-1 Only one responsible source and no other supplies or services will satisfy agency

requirements.

 206.302-4 International agreement.

 206.302-7 Public interest.

 6.303-1 Requirements.

 6.303-90 Amendment/Modification Justification format.

SUBPART 6.2 — FULL AND OPEN COMPETITION AFTER

EXCLUSION OF SOURCES

6.202 Establishing or maintaining alternative sources.

(b)(1) Approval authority for determinations and findings (D&Fs) under this subpart follows:

Estimated Value of Justification Approving Official ofD&F

$750K and below Contracting Officer

Over $750K to $15M COCO

Over $15M to $100M HCA

Over $100M SPE

See DFARS 206.2 for D&F format. Legal Counsel and Procuring Activity Competition Advocate

(PACA) or Agency Competition Advocate (ACA) coordination is required before approval. Provide the

PACA with a copy of the approved D&F.
SUBPART 6.3 — OTHER THAN FULL AND OPEN

COMPETITION

206.302-1 Only one responsible source and no other supplies or services will

satisfy agency requirements.

(d) Limitations.

(S-90) The HCA has waived the requirement to issue a Request for Information (RFI) or Sources

Sought Notice (SSN) as a market research method (see DARS 210.001 (S-92)) for:

(1) Procurement actions to increase the ceiling amount of a contract/order

(2) Bridge contract actions

(3) Procurement actions as a result of a protest

(S-91) Use of a SS notice meets the requirement at FAR 5.201 for making notices of proposed

contract actions, when the SS notice also includes the information required at FAR 5.207(c)(15) and

(16) and FAR 6.302-1(d)(2). Use of an RFI does not meet the requirements at FAR 5.207(c)(15), (16)

and FAR 6.302-1(d)(2); a separate notice of proposed contract action is required if a sole source

procurement will result from the requirement described in an RFI.

206.302-4 International agreement.

(c) Limitations. The waiver of the justifications and approvals made effective by the HCA document

described in DFARS 206.302-4(c) shall only suffice in cases when the host country or NATO requests

and documents in the agreement the specific company and supplies / services to be procured.

206.302-7 Public interest.

(c)(1) Follow the format at FAR 1.7 to prepare the D&F.

Required coordination: CoCO and HCO, PACA/ACA, PL2, legal counsel, HCA, and SPE. Provide the

PACA with a copy of the approved D&F.

(3) A justification is required to support the determination.

6.303-1 Requirements.

(c) The Technical and Requirement certification may be accomplished by the same certifying official

on the OTFAOC Justification.

(S-90) The requirements office, in close coordination with the contracting officer, shall develop the
Justification for OTFAOC using the required format located in DARS PGI 6.303-1(S-90). Templates

are updated periodically, therefore a new template must be used for each new J&A.

(S-91) The approval level shall be determined by the estimated total value of the class. For each

acquisition covered by a Class J&A, the contract file must include a copy of the Class J&A with

signature page, or a statement referring to its location. Only one statutory and associated regulatory

authority is permissible to support a Class J&A.

(S-92) Class J&As: Legal Counsel review/coordination is required on all Justifications for OTFAOC

over $750K prior to approval by the approving official. The contracting officer can request legal

review for justifications at $750K or below. Procedures for signatures and approvals are located at

DARS PGI 6.303-1(S-92)(b) .

Legal reviews will be conducted within four (4) business days. PACA/ACA reviews will be conducted

within three (3) business days.

(S-93) An amendment to an approved J&A is required if, prior to award of the contract, the approved

J&A contents change in any of the following areas:

(1) The dollar value changes (increases) prior to award but remains within the original approving

official approval level;

(2) The dollar value of the prospective contract results in a change of the approving official;

(3) The competitive strategy; or,

(4) Requirements that affect the basis for the justification.

If paragraph (1) applies, a new signature page will be routed to the approving official. If paragraphs

(2), (3) or (4) apply, a new signature page will be routed in accordance with (S-92).

(S-94) A modification to an approved J&A is required if, after the award of the contract, the value of

the contract will increase above the value of the J&A.

The approving official for a modification to an approved J&A shall be based on the value of the

modification alone, except if processed within six (6) months of an awarded contract action, which

shall then be the cumulative dollar amount.

If the cumulative value requires a higher approving official’s signature, a new signature page will be

routed through the initial approving official to the new approving official.

(S-95) Determining contract value.

Proposed out-of-scope contract modifications and new task/delivery orders require a new OTFAOC

J&A. The estimated value of the proposed out-of-scope contract modification or new task/delivery

order J&A shall be based on the value of the modification or new task/delivery order requirement

alone, and not a cumulative contract value, except if processed within six (6) months of an awarded

contract action, which shall then be the cumulative dollar amount.

If the cumulative value requires a higher approving official’s signature, a new signature page will be

routed through the initial approving official to the new approving official.
6.303-90 Amendment/Modification Justification format.

(a) The J&A shall clearly reflect the amendment/modification changes in bold text and separate from

the original approved J&A text.

(b) The title of the Justification should read: If prior to award “Amendment Justification”; if after

award “Modification Justification”.

(c) The Justification posting requirements remain unchanged from the original Justification posting

requirements.