PART 5206 COMPETITION REQUIREMENTS
SUBPART 5206.2 - FULL AND OPEN COMPETITION AFTER EXCLUSION OF SOURCES
5206.202 (DFARS 206.202) 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.
SUBPART 5206.3—OTHER THAN FULL AND OPEN COMPETITION
5206.302 (DFARS 206.302) Circumstances permitting other than full and open competition.
5206.302-5 (DFARS 206.302-5) 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 (FAR 6.303) Justifications.
5206.303-1 (FAR 6.303-1) Requirements.
(d) A class J&A is required when a class of contract actions will be executed for the same or related supplies or services that require essentially identical justification. Multiyear contracts and contracts with priced options are considered individual contract actions. A class of contracts includes but is not limited to:
(i) a Basic Ordering Agreement (BOA) and orders to be issued under it,
(ii) consecutive years of production buys to be solicited as separate contract actions,
(iii) multiple contracts to provide Government Furnished Equipment (GFE) for assembly into an end item.
(S-90) Approval and Authorization.
(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.
5206.303-2 (FAR 6.303-2) Content.
(a) Each justification must include:
(1) The period of performance for the proposed acquisition.
(2) The total estimated dollar value for the acquisition(s) covered by the justification, identified by fiscal year and appropriation.
(3) An expiration date if the justification is a class justification. Authority to act under a class justification expires on the expiration date specified in the document, which must be written as a calendar date and not a period of time.
(4) An explanation of all actions attempted to make the immediate acquisition competitive and the cost/benefit analysis reflecting costs associated with obtaining competition and anticipated benefits. If the justification is for a bridge contract, an approved copy of Annex 5.
The requested format for a justification for NSPE approval is at Annex 1—Justification & Approval. If activities use their own format, they must ensure that the arrangement and content of the paragraphs follow the structure and content used in the Annex 1 template. The signature page should be submitted electronically as a .pdf file. The body of the justification should be submitted electronically as a Word file in the event that any minor revisions, agreed to by the contracting officer, may be made by DASN(AP). As an alternative, the complete justification including signature page may be submitted as both Word and .pdf files.
(S-91) The requested format for a SBIR Phase III justification and approval is at Annex 13.
5206.303-90 Legal reviews.
Each justification must be reviewed for legal sufficiency by counsel for the activity preparing the justification prior to its submission for approval. HCAs are responsible for establishing review procedures for field purchasing activities without assigned counsel.
When submitting a justification for Navy Senior Procurement Executive approval, use of the Annex 1 standard Navy Secretariat format for the forwarding memo is encouraged; however, it is not mandatory and activities may use their own standard formats. If activities use their own format, they must ensure that the arrangement and content of the paragraphs follow the structure and content used in the Annex 1 template. Memoranda should be brief and concise. Attached charts or graphs may also be used to convey required information. The forwarding memo should be submitted electronically as a Word file in the event that any minor revisions, agreed to by the contracting officer, may be made by DASN(AP). Any signed or initialed page of the forwarding memo should also be submitted as a .pdf file.
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 email@example.com with the subject “NMCARS 5206.303-92 - Bridge Contract Report by [Command Name]”.
5206.304 (FAR 6.304) Approval of the justification.
(a)(4) Justifications for ASN(RDA) approval must be submitted via DASN(AP) by email at
RDAJ&As.firstname.lastname@example.org with the subject “DFARS 206.304(a)(4) – J&A Approval – Other Than Full and Open Competition” accompanied by an Action memo. Both documents should be in the format provided at Annex 1. 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 the approval authority provided by FAR 6.304(a)(2).
(i) The applicable Acquisition Strategy (or Acquisition Plan 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; unavoidable discrepancies shall be highlighted and explained within the document to the approving official. The technical/requirements certification in the justification includes affirmation of the currency of the planning documents.
(ii) Historic justification information must be submitted with the proposed justification. If the prior justification was approved locally within the DoN activity, provide the entire prior justification and approval. If the prior justification was approved by ASN(RDA), provide the identifying number of the prior justification.
(c) Class justifications shall be approved in the same manner as individual justifications with the same approval thresholds. The cumulative dollar value of all actions contemplated under the class justification will be used to determine the approval authority for the class justification.
SUBPART 5206.5—COMPETITION ADVOCATES
5206.501 (FAR 6.501) Requirement.
DASN(AP) is designated the Competition Advocate General of the Navy. HCAs shall appoint competition advocates for their respective contracting activities.
5206.502 (FAR 6.502) Duties and responsibilities.
(b)(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.