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Navy Marine Corps Acquisition Regulation Supplement


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PART 5206 COMPETITION REQUIREMENTS

 

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  $93,000,000, 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 over $93,000,000,  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(AP) by  email at RDAJ&As.fct@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. Contracting activities may use this authority to award contracts  under Phase III of the Small Business Innovation Research (SBIR) Program, pursuant to  15 U.S.C. 638(r). A written justification is required pursuant to FAR 6.302-5(c)(2).  Contracting Officers may use the SBIR Phase III J&A streamlined template in Annex  13.

 

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. 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 fiscal year and  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.

(a) The required format for a justification  (other than a SBIR) is at Annex 1.

(b) The required format for a SBIR Phase III  justification is at Annex 13.

 

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.

 

5206.303-92 Bridge Contract  Reporting.

Data on bridge contract use shall be reported  by HCAs to DASN(AP). Reports shall be submitted within 30 days of the end of each  quarter in the format prescribed by Annex 5. The required Excel file for reporting can  be found at the ASN(RDA) website. Negative reports are required. Reports shall be  submitted by email at seniorservicesmanage.fct@navy.mil with the subject NMCARS  5206.303-92 - Bridge Contract Report by [Command Name] .

 

5206.304 Approval of the  justification.

(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.

(a)(2) DON activities with contracting authority  in excess of $700,000 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(AP) by email at RDAJ&As.fct@navy.mil with the subject [Activity  Name] DFARS 206.304(a)(4) J&A Approval Other Than Full and Open Competition . The  signature page shall be submitted electronically as a .pdf file. The Action memo and  body of the justification shall be submitted electronically as both Word and .pdf  files.

(i) 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.

(ii) Historic justification information shall be  submitted with the proposed justification.

 

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(AP) via 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(AP) 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(AP) 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.

 

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