(b) The responsible Program Office must provide a written justification whenever it requests that goods or services be acquired without obtaining full and open competition. The justification must be submitted with the AP or other acquisition request document- see Subpart 307.71. The Project Officer has responsibility for preparing the justification with assistance, as necessary, from the Contracting Officer.
(1) Justifications for acquisitions at or below the simplified acquisition threshold may be in the form of a paragraph or paragraphs contained in the requisition or other acquisition request document. Justifications for acquisitions in excess of the simplified acquisition threshold shall be in the form of a separate, self-contained document, prepared in accordance with FAR 6.303 and 306.303, and titled “Justification for Other Than Full and Open Competition” (JOFOC). HHS requires use of a standard format for a JOFOC. The template for the justification is available on the ASFR/OGAPA/DA Internet Web site. Additional information may be included in the JOFOC template in accordance with OPDIV procedures.
(2) Regardless of the dollar amount of the acquisition, justifications shall-
(i) Fully describe what is to be acquired;
(ii) Provide a specific explanation of why it is not feasible to obtain full and open competition;
(iii) Be supported by verifiable facts, rather than untested or unsubstantiated opinions or conclusions; and
(iv) Be written in a manner to permit an individual without technical knowledge of the requirement to understand the supporting rationale.
(3) Preliminary arrangements with, or verbal or written commitments to, a proposed sole-source contractor shall be avoided given the statutory requirement to obtain full and open competition to the maximum extent practicable.
(4) Justifications for orders to be placed under FSS contracts that limit consideration of contractors shall comply with FAR 8.405-6 and 308.405-6.
