1. Contracting Activity: Specify the contracting activity responsible for this action.
2. Description of Action: State whether approval is being requested for a new contract or a modification. Include type of contract, type of funds to be used (R&D, OPA, OMA) and, when applicable, the estimated share and ceiling arrangements, and fee or profit. The format specified in AFARS 5153.9005 is mandatory for contract actions greater than $78,500,000.
3. Description of Supplies/Services: Describe the supplies/services. Include the estimated total value, including options, if any. [AFARS Revision #003, dated Jan 25, 2002]
4. Authority Cited: Identify the statutory authority permitting other than full and open competition, followed by the FAR citation and FAR citation title.
5. Reason for Authority Cited: Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s), and include a discussion of the proposed contractor’s unique qualifications for fulfilling the contract requirements.
If the authority FAR 6.302-1 is cited for follow-on acquisitions, include an estimate of the cost to the Government that would be duplicated and how the estimate was derived. If the authority is FAR 6.302-2, include the required delivery schedule and lead-time involved as well as a discussion of the serious injury to the Government which would result if award of a contract is delayed.
(c)(1), follow-on major system or highly specialized equipment must be based on result in (1) competition or (2) unacceptable delays in filling agency needs.
(c)(2), must explain harm - the Government would be seriously injured unless permitted to limit sources. J&A for this authority can be after the fact.
(c)(2) or (6), must request offers from as many potential sources as practicable under the circumstances.
6. Efforts to Obtain Competition: Describe efforts to ensure that offers are solicited from as many potential sources as is practicable. Also describe the extent of effective competition anticipated for this acquisition.
7. Actions to Increase Competition: There may be instances when it is not possible to compete the current acquisition. Include a statement of the actions taken, or to be taken, to increase competition (e.g., breakout) before any subsequent acquisition of the supplies or services. Provide the approximate date the technical data package will be available.
8. Market Research: Describe the extent and the results of the market research (FAR Part 10) conducted to identify all qualified sources. Research must have been meaningful and conducted within the previous 12 months.
9. Interested Sources: Include a listing of the sources that have written to express interest in the acquisition. If applicable, clearly state that “To date, no other sources have written to express an interest.” If 10 U.S.C.2304(c)(1) is the authority cited, explain why other sources were rejected. Also, state that the notices required by FAR 5.201 shall be or have been published, and that any bids or proposals received shall be considered. If a notice is not posted, state which exception in FAR 5.202 applies.
10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:
a. Procurement history. Reasonable efforts to retrieve the following items from computer records, contract files, competition advocate office files or other sources are expected:
(1) Contract numbers and dates of the last several awards.
(2) Competitive status of these actions.
(3) Authority previously used for less than full and open competition.
(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.
(5) If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances.
(6) An explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive, urgent buys.
(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes.
b. Acquisition data availability. Explain why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available. Describe actions taken or planned to remedy this situation.
c. Unusual and compelling urgency. When FAR 6.302-2 is cited, provide data, estimated cost or other rationale to explain the nature and extent of the injury to the Government. If the delay associated with the requirement for first article testing is the principal reason for not awarding the contract on a full and open basis, clearly describe the reasons that first article testing is required on this procurement and why other means of assuring quality are not being used.
d. Subcontracting competition. In single source situations, address efforts to be taken by the Government to assure that the prime contractor obtains as much competition as possible in its subcontracting.
11. Technical Certification: Include the following statement:
I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.
