AFARS PART 5106

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AFARS -- Part 5106

Competition Requirements


Subpart 5106.3 -- Other Than Full and Open Competition

5106.302 -- Circumstances permitting other than full and open competition.

5106.302-3 -- Industrial mobilization; engineering, developmental, or research capability; or expert services.

(c) Limitations. When using the authority of FAR 6.302-3(a)(2)(ii), the contracting officer must ensure that the technical and requirements personnel’s certifications required by FAR 6.303-1(b) and FAR 6.303-2(b) contain a statement that the proposed effort has been reviewed to assure that it falls within the charter or special capabilities of the proposed institution and establishes or maintains (as appropriate) an essential engineering, research or development capability to be provided by an educational or other non-profit institution or a federally funded research and development center (FFRDC). In addition, when proposing to contract directly with an FFRDC not sponsored by the contracting activity, the contracting officer must ensure that the requirements personnel have included with the procurement request a written confirmation from the sponsoring agency that the proposed effort falls within the purpose, mission and general scope of effort or special competency of the FFRDC. (See FAR 17.504(e).)

5106.303 -- Justifications.

5106.303-1 -- Requirements.

(b) The Head of the Contracting Activity (HCA) must establish appropriate management levels for review and approval of recommendations by technical and requirements personnel. Only full-time employees of the United States Government may sign technical and requirements certifications under this provision. [AFARS Revision #13, dated December 17, 2004]

(c) A justification made on a class basis—

(i) May cover contracts to be awarded in successive fiscal years, provided that the requirements and quantities, as included in the Future Years Defense Plan, and their costs have been specifically identified.

(ii) Must address every contract included in the scope of the class justification in each paragraph in detail (e.g., specific quantity and dollar amounts for each contract; detailed documentation of the circumstances supporting the use of other than full and open competitive procedures for each contracting action)

(iii) Must include only those supply or service components that are, and will clearly remain, sole source for the period covered by the justification.

(d) If a contract exceeding the dollar threshold identified at FAR 6.304(a)(4) is awarded prior to approval of a justification using the authority cited in FAR 6.302-2, the justification must be submitted for approval to the address in 5101.290(b)(3) no later than 7 calendar days after contract award. [AFARS Revision #25, Item III, dated April 1, 2010]

5106.303-1-90 -- Requirements for amended justifications.

(a) The contracting officer must amend the justification and obtain the required approvals when any of the following occur prior to award of the contract --

(b) Prepare all amended justifications as required in 5106.303-2-90(b)(3).

5106.303-2 -- Content.

(S-90) Attach a copy of the approved acquisition plan required in accordance with DFARS 207.103(d) to the justification. [AFARS Revision #21, dated May 22, 2007]

5106.303-2-90 – Format and submission of the justification review and justification and approval documents.

(a) General. The formats for justification review document (AFARS 5153.9004) and justification and approval (J&A) (AFARS 5153.9005) must be used for contracting actions exceeding the dollar threshold identified at FAR 6.304(a)(4).

(4) To assist in the preparation of the justification and approval documents for Headquarters, Department of Army approval, there is a justification and approval checklist at https://www.alt.army.mil/portal/page/portal/oasaalt/documents/ja_checklist.pdf.

[AFARS Revision #13, dated December 17, 2004] [AFARS Revision #21, dated May 22, 2007] [AFARS Revision #22, dated September 12, 2007] [ARARS Revision #23, dated May 16, 2008]

(b) Instructions.

(c) Submission. For contracting actions exceeding the dollar threshold identified at FAR 6.304(a)(4), the justification must be submitted for approval to the address at 5101.290(b)(3). Electronic submission is authorized and is the preferred method. For electronic submission, indicate the lead point of contact and the alternate (name, phone number, e-mail address). Include with the justification, a cover memorandum signed by the HCA or the PARC, the current acquisition plan, and any other related documents. [AFARS Revision #21, dated May 22, 2007]

5106.304 -- Approval of the justification.

(a) If any change (e.g., dollar value, strategy, scope) exceeds the basis for the original justification approval authority, new justification approval must be obtained from the appropriate approval authority prior to award.

(c) Class justifications must be approved in the same manner as individual justifications with the same approval thresholds.

Subpart 5106.5 -- Competition Advocates

5106.501 -- Requirement.

The Assistant Secretary of the Army (Acquisition, Logistics and Technology) (ASA(ALT)) appoints the Army Competition Advocate General. The Deputy Assistant Secretary of the Army for Procurement (SAAL-ZP) is the Army Competition Advocate General (ACAG). The ACAG has delegated to HCAs the authority to appoint the Special Competition Advocates (SCAs) at Army procuring activities and their alternates. This authority shall not be redelegated. Designation of competition advocates at contracting offices subordinate to contracting activities must depend on the nature of the contracting mission of the office, the volume of significant contracting actions, the complexity of acquisition planning and other responsibilities of such local advocates. Competition advocates may be appointed on a part-time basis.

5106.502 -- Duties and responsibilities.

(b) (2) Special competition advocates must report to the Army Competition Advocate General (ref. 5101.290(b) (3)), no later than November 15 of each year, the following information:

[AFARS Revision #005, dated September 27, 2002] [AFARS Revision #21, dated May 22, 2007]

(S-90) Special competition advocates should provide supplementary information on items considered significant to the Competition Advocate General at any time during the fiscal year. [AFARS Revision #005, dated September 27, 2002] [AFARS Revision #21, dated May 22, 2007]

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