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conditional approval providing the substantive issue is resolved before the contract is awarded and require the contracting officer to submit documenting evidence either before or after the award. The reviewing official also has the option to determine the extent

of documentation evidence to be submitted by the contracting officer. This may range from complete resubmission of the contract file to submission of a memorandum stating the contracting officer's actions in resolving the substantive issue.

179-195 D-98--2

23

PART 305-PUBLICIZING CONTRACT ACTIONS

Subpart 305.3—Synopses of

Contract Awards

Subpart 305.1-Dissemination of

Information

Sec. 305.102 [Reserved]

Subpart 305.2-Synopsis of Proposed

Contract Actions

305.202 Exceptions.

305.303 Announcement of contract

awards. (a) Public announcement. Any con

a tract, contract modification, or delivery order in the amount of $1 million or more shall be reported by the contracting officer to the Office of the Deputy Assistant Secretary for Legislation (Congressional Liaison), Room 406G, Hubert H. Humphrey Building. Notification shall be accomplished by providing a copy of the contract or award document face page to the referenced office prior to the day of award, or in sufficient time to allow for an announcement to be made by 5 p.m. Washington, DC time on the day of award.

Subpart 305.3—Synopses of Contract

Awards

305.303 Announcement of contract awards.

Subpart 305.5-Paid Advertisements

305.502 Authority. 305.503 Procedures.

AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).

SOURCE: 49 FR 13969, Apr. 9, 1984, unless otherwise noted.

(53 FR 43207, Oct. 26, 1988, as amended at 57 FR 11689, April 7, 1992]

Subpart 305.1-Dissemination of

Information

Subpart 305.5-Paid

Advertisements

$ 305.102 (Reserved]

305.502 Authority.

Subpart 305.2-Synopsis of Proposed Contract Actions

The contracting officer is authorized to publish advertisements, notices, and contract proposals in newspapers and periodicals in accordance with the requirements and conditions referenced in FAR Subpart 5.5.

305.503 Procedures.

305.202 Exceptions.

(b) When a contracting office believes that it has a situation where advance notice is not appropriate or reasonable, it shall prepare a memorandum citing all pertinent facts and details and send it, through normal acquisition channels, to the Director, Office of Acquisition and Grants Management (DOAGM) requesting relief from synopsizing. The DOAGM shall review the request and decide whether an exception to synopsizing is appropriate or reasonable. If it is, the DOAGM shall take the necessary coordinating actions required by FAR 5.202(b). Whatever the decision is on the request, the DOAGM shall promptly notify the contracting office when a determination has been made.

Requests for acquisition of advertising shall be accompanied by written authority to advertise or publish which sets forth justification and includes the names of newspapers or journals concerned, frequency and dates of proposed advertisements, estimated cost, and other pertinent information. Paid advertisements shall be limited to the publication of essential details of grant announcements, invitations for bids, and requests for proposals, including those for the sale of personal property, and for the recruitment of employees.

(51 FR 44293, Dec. 9, 1986, as amended at 54 FR 24343, June 7, 1989]

PART 306COMPETITION

REQUIREMENTS

Subpart 306.3-Other Than Full

and Open Competition

)

Subpart 306.2—Full and Open Competition

306.302 Circumstances permitting

other than full and open competiAfter Exclusion of Sources

tion. Sec. 306.202 Establishing or maintaining alter

306.302–1 Only one responsible source native sources.

and no other supplies or services

will satisfy agency requirements. Subpart 306.3—Other Than Full and Open

(a) Authority. (2)(ii) Follow-on conCompetition

tracts for the continuation of major re306.302 Circumstances

other permitting

search and development studies on than full and open competition.

long-term social and health programs, 306.302–1 Only one responsible source and no major research studies, or clinical

other supplies or services will satisfy trails may be deemed to be available agency requirements.

only from the original source when it 306.302-7 Public interest.

is likely that award to any other 306.303 Justifications.

source would result in unacceptable 306.303_1 Requirements.

delays in fulfilling the Department's or 306.303-2 Content.

OPDIV's requirements. 306.304 Approval of the justification.

(b) Application. (4) When the OPDIV

head has determined that a specific Subpart 306.4-Sealed Bidding and

item of technical equipment or parts Competitive Proposals

must be obtained to meet an activity's 306.401 Sealed bidding and competitive pro- program responsibility to test and posals.

evaluate certain kinds and types of

products, and only one source is availSubpart 306.5~Competition Advocates

able. (This criterion is limited to test306.501 Requirement.

ing and evaluation purposes only and 306.502 Duties and responsibilities.

may not be used for initial outfitting

or repetitive acquisitions. Project offiAUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(C).

cers should support the use of this criSOURCE: 50 FR 23127, May 31, 1985, unless terion with citations from their agenotherwise noted.

cy's legislation and the technical ra

tionale for the item of equipment reSubpart 306.2—Full and

and Open quired.) Competition After Exclusion of (c) Application for brand name descripSources

tions. There is existing equipment

which, for reasons of compatibility and 306.202 Establishing or maintaining interchangeability, requires an item alternative sources.

which is manufactured only by one (a) The reference to the agency head

source. (This criterion is for use in acin FAR 6.202(a) shall mean the appro

quisitions where a particular brand priate competition advocate cited in

name item is required, and an "or

equal” will not meet the Government's 306.501.

requirements. This criterion may not (b)(1) The required determination and

be used when there are other manufacfindings (D&F) shall be prepared by the

turers available which may be able to contracting officer based on the data

produce acceptable items even though provided by program personnel, and

their products might require some adshall be signed by the appropriate com

justments and modifications. These petition advocate. The D&F signatory

other manufacturers must be given the authority is not delegable.

opportunity to compete.) (50 FR 23127, May 31, 1985, and 50 FR 38004,

[50 FR 23127, May 31, 1985, and 50 FR 38004, Sept. 19, 1985, as amended at 51 FR 44293, Dec.

Sept. 19, 1985, as amended at 51 FR 44293, Dec. 9, 1986)

9, 1986; 57 FR 11689, Apr. 7, 1992]

306.302-7 Public interest.

(a) Authority. (2) Agency head, in this instance, means the Secretary.

(c) Limitations. When using the authority cited in FAR 6.302–7(a)(1), the Secretary's approval must be obtained. Therefore, an "approval package” must be prepared and staffed through departmental acquisition channels to the Secretary. The package shall include:

(1) A determination and findings, prepared by the contracting officer, for the Secretary to sign.

(2) A letter for the Secretary to sign notifying Congress of the determination to award a contract under the authority of 41 U.S.C. 253(c)(7). This letter must be received by Congress at least 30 days before contract award.

(3) A “Justification for Other than Full and Open Competition" (JOFOC).

(4) A briefing paper presenting background, need, etc.

(5) Any other pertinent papers or documents required by the Department.

competition is not feasible. All justifications shall be initially reviewed by the contracting officer.

(1) Justifications in excess of the small purchase limitation shall be in the form of a separate, self-contained document, prepared in accordance with FAR 6.303 and 306.303, and called a “JOFOC" (Justification for Other than Full and Open Competition). Justifications of $25,000 or less may be in the form of a paragraph or paragraphs contained in the requisition or request for contract.

(2) Justifications, whether over under the small purchase limitation, shall fully describe what is to be acquired, offer reasons which go beyond inconvenience, and explain why it is not feasible to obtain competition. The justifications shall be supported by verifiable facts rather than mere opinions. Documentation in the justifications should be sufficient to permit an individual with technical competence in the area to follow the rationale.

or

306.303 Justifications.

[50 FR 23127, May 31, 1985, as amended at 57 FR 11689, Apr. 7, 1992]

306.303-2 Content.

306.303–1 Requirements.

(b) Preliminary arrangements or agreements with the proposed contractor made by someone other than the contracting officer shall have no effect on the rationale used to support an acquisition for other than full and open competition.

(f) The program office should discuss prospective other than full and open competition requests with their supporting contracting office as early as possible during the acquisition planning stage (see FAR Subpart 7.1 and Subpart 307.1), and before submitting the requisition or request for contract. The discussions may resolve uncertainties, provide program offices with names of other sources, allow proper scheduling of the acquisition, and avoid delays which might otherwise occur should it be determined that the request for other than full and open competition is not justified.

(8) When a program office desires to obtain certain goods or services by contract without full and open competition, it shall, at the time of forwarding the requisition or request for contract, furnish the contracting office a justification explaining why full and open

(a)(1) The program office and name, address, and telephone number of the project officer shall also be included.

(2) This item shall include project identification such as the authorizing program legislation, to include citations or other internal program identification data such as title, contract number, etc.

(3) A full description of the requirement and its dollar amount is to be included. It may be in the form of a statement of work, purchase description, or specification. A statement is to be included to explain whether the acquisition is an entity in itself, whether it is one in a series, or part of a related group of acquisitions.

(c) Each JOFOC shall conclude with at least the following signatory lines (other concurrence lines may be added as deemed necessary by the contracting activity):

Recommended, Project Officer
Date
Concur, Project Officer's Immediate Super-

visor
Date
Concur, Contracting Officer

Date
Approved, Approving Official
Date

306.304 Approval of the justification.

(a)(1) For purchases in excess of 10 percent of the small purchase limitation but not over the small purchase limitation, the contracting officer is authorized to review and approve (or disapprove) the justification (see 313.106(c)(2)). For acquisitions over the small purchase limitation, but not exceeding $100,000, the JOFOC shall be submitted to the contracting officer for review. The contracting officer will either concur or nonconcur, and forward the JOFOC to the principal official responsible for acquisition for approval. (When the contracting officer and principal official responsible for acquisition are the same individual, the approval will be made by the respective official listed in 306.501.) The principal official responsible for acquisition may redelegate approval for acquisitions between the small purchase limitation and $50,000 to the chief of the contracting office, provided that individual is at least one level above the contracting officer who will sign the contract.

(2) The competition advocates are listed in 306.501.

(3) The following shall serve as the approving officials referenced in FAR 6.304(a)(3):

offices, and forward the JOFOC with his or her concurrence or nonconcurrence, to the appropriate approving official. When the contracting officer does not concur with the JOFOC, a written explanation setting forth the reasons must be provided the approving official. If the JOFOC is disapproved by the approving official, the contracting officer shall promptly notify the concerned program office.

(e) It is the responsibility of the approving official to determine whether a contract may properly be awarded without full and open competition. The program office and project officer are responsible for furnishing the contracting officer and approving official with pertinent supporting information necessary to make such determinations. Other staff offices shall advise the contracting officer and approving official as requested.

(f) As each justification is reviewed, the approving official should ask: why the acquisition cannot be competed, are there sufficient grounds for excluding all other actual

potential sources, what actions can be taken to obtain full and open competition in the instant acquisition, and what actions are needed to avoid the need for a subsequent or continuing acquisition that is for other than full and open competition?

or

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