SUBPART 5206.2--FULL AND OPEN COMPETITION AFTER EXCLUSION OF SOURCES
5206.202 (DFARS 206.202) Establishing or maintaining alternative sources.
(b)(1) D&Fs shall be signed as follows:
(A) For a proposed contract not exceeding $78,500,000, 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 grade GS 16 or above under the General Schedule (or in a comparable or higher position under another schedule).
(B) For a proposed contract over $78,500,000, the approval level is the NSPE.
SUBPART 5206.3--OTHER THAN FULL AND OPEN COMPETITION
5206.302 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 Program, pursuant to 15 U.S.C. 638(r). A written justification is required pursuant to FAR 6.302-5(c)(2).
(a) Each justification must include:
(i) The period of performance for the proposed acquisition.
(ii) The total estimated dollar value for the acquisition(s) covered by the justification, identified by fiscal year and appropriation.
(iii) 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.
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.
5206.304 (DFARS 206.304) Approval of the justification.
(a) If the dollar value of the contract is negotiated at a level that exceeds the authority of the official who approved the original justification, a new approval shall be obtained from the appropriate official prior to award.
(2) DoN activities with contracting authority in excess of $550,000 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).
(4) Justifications for ASN(RDA) approval must be submitted electronically via DASN(ACQ) at rda.ja@navy.mil, accompanied by a forwarding memo. Both documents must be in the format prescribed at NMCAG 5206.3.
(i) The applicable Acquisition Strategy (or Acquisition Plan if no Acquisition Strategy exists) must 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 should be highlighted and explained 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
DASN(ACQ) is designated the Competition Advocate General of the Navy. HCAs shall appoint competition advocates for their respective contracting activities.
5206.502 Duties and responsibilities.
(a) Competition advocates will also:
(i) 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;
(ii) Take appropriate action to ensure that valid complaints from the private sector are resolved in a fair and timely manner; and
(iii) Have direct access throughout the Department of the Navy acquisition community as required to promote competition.