COMPETITION REQUIREMENTS
"Procuring activity". Navy activities with contracting authority in excess of
$500,000 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).
SUBPART 5206.2-FULL AND OPEN COMPETITION AFTER EXCLUSION OF SOURCES
5206.202 (DFARS 5206.202) Establishing or maintaining alternative sources.
(b)(1) D&Fs shall be signed as follows:
(i) For a proposed contract not exceeding $50,000,000, 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 grade GS 16 or above under the General Schedule (or in a comparable or higher position under another schedule).
(ii) For a proposed contract over $50,000,000, the approval level is the NSPE.
SUBPART 5206.3-OTHER THAN FULL AND OPEN COMPETITION
5206.303-1 (DFARS 206.303-1) Requirements.
(b) HCAs are responsible for specifying these levels of review and approval.
5206.303-2 (DFARS 206.303-2) Content.
(a) Each justification also should include:
(i) A statement of delivery requirements (e.g. include a list of ships and/or shore activities and required delivery dates for each).
(ii) The total estimated dollar value for the acquisition(s) covered by the justification. The estimated dollar value should be identified by fiscal year and appropriation. The planning documents in current use by the program manager (and Integrated Product Team, if applicable) should be reviewed concurrent with J&A preparation and updated if required. J&As and planning documentation should be consistent; unavoidable discrepancies should be highlighted and explained to the approving official.
(iii) J&As requiring NSPE approval should be accompanied by current, consistent planning documentation. This should be the Acquisition Strategy, Acquisition Plan, the Integrated Product Team's agreement, or whatever documents were actually used for acquisition planning. Prior to submittal, the J&A should be carefully reviewed for consistency with both the planning documentation and with prior J&As or other documents submitted by the program for NSPE approval. Any discrepancies should be identified and explained in the forwarding memorandum.
5206.303(90) Review.
Each justification should be reviewed by counsel for legal sufficiency prior to its submission for approval. The counsel for the contracting activity preparing the justification is responsible for the review. HCAs are responsible for establishing review procedures for field purchasing activities without assigned counsel.
5206.303(91) Submission.
J&As requiring the approval of the Navy Senior Procurement Executive or the Secretary of the Navy shall be submitted through ABM. If there has been a prior J&A on the program, attach a copy of the most recent J&A (if approved locally) or provide the control number (if approved by the NSPE).
5206.304 Approval of the justification.
(a) If the dollar value of the contract is negotiated at a level which exceeds the dollar threshold of the original justification approval authority, new justification approval must be obtained from the appropriate approval authority prior to award.
(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
ABM is designated the Competition Advocate General of the Navy. HCAs shall appoint competition advocates for their respective contracting activities.
5206.502 Duties and responsibilities.
Competition advocates will also:
(a) Act as the primary focal point in the Department of the Navy 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;
(b) Take appropriate action to ensure that valid complaints from the private sector are resolved in a fair and timely manner; and
(c) Have direct access throughout the Department of the Navy acquisition community as required to promote competition.