(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).
(1) Cover Transmittal Letter. Every J&A will be submitted with a cover transmittal letter signed by the HCA. The letter should indicate whether there has been any history of protests or Congressional interest. If there is, fully explain the circumstances.
(2) Include the command control number on the upper right hand corner of every page of the J&A. This is to ensure that if the approval page becomes separated from the J&A, the approval can be traced back to the particular J&A to which it applies.
(3) Submit the approval language as the last page of the J&A on plain bond paper (not letterhead) using Arial 12 pitch font. Include the command control number and the appropriate page number. Provide sufficient factual detail in the approval paragraph concerning the contractual action being approved to preclude any confusion regarding prior or subsequent approvals of the program or similar efforts. [AFARS Revision #25, Item IV, dated April 1, 2010].
(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.
(1) Justification review document. This is the cover page of the justification and approval document. Begin page numbering on this document. Enter the control number in the upper right corner of each page.
(2) Justification and approval document.
(i) Continue page numbering on the first page of the justification, and number each page of the justification and approval document.
(ii) Enter the control number in the upper right corner of each page.
(iii) If a paragraph of the format does not apply to the contracting action, indicate “Not applicable,” and explain why.
(iv) Give special attention to providing a comprehensive statement in paragraph 7, “Actions to Increase Competition.”
(v) Only full-time employees of the United States Government may certify
and sign the (1) Justification Review Document for Other Than Full and
Open Competition, and (2) the Justification and Approval for Other Than
Full and Open Competition. (See 5153.9004 and 5153.9005,
respectively.) [AFARS Revision #13, dated December 17, 2004]
(3) Amended justifications.
(i) When an amended justification is required, prepare a document entitled “Amendment to Justification for Other Than Full and Open Competition,” using the same paragraph designations used in the original justification. Attach a copy of the original justification review, and justification and approval documents. In addition, do the following:
(A) Number amendments sequentially.
(B) Include paragraphs 1, 2 and 3 in full, revised if required. Place a vertical line in the right margin to mark lines containing changes.
(C) Include new certifications by the contracting officer (paragraphs 11 and 12). Include new technical and requirements certifications (paragraphs 13 and 14) only when changes in those areas of responsibility prompted the amendment.
(D) Use paragraph 10 to explain the reason for the amendment and to give any additional information that would help the reader understand the changes made.
(E) Address all remaining paragraph numbers of the justification format either by stating “No change” following the paragraph number or by inserting the entire revised paragraph. If practical, use a vertical line in the right margin to mark revised lines. For major revisions, including the addition of paragraphs that previously did not apply, instead of using a vertical line, use paragraph 10 to identify the paragraph number and summarize the changes; do this following the entry required by (D).
(ii) Determine the approval level for an amended justification by using the new dollar value of the amended justification.
(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]
