(a)(11) The justification shall include, when applicable, a description of (i) the action being taken to obtain a data package adequate to establish competitive acquisition of the item and (ii) market research efforts to eliminate impediments to subsequent acquisitions. The Contracting Officer shall follow the mandatory procedures at DLAD PGI 6.303-2(a)(11).
(a)(90) Justifications requiring approval by the Senior Procurement Executive, DLA, should be prepared using the following format which may be adapted and supplemented to suit the needs of the particular acquisition, provided each justification 1) includes the specified topic headings, 2) cites the associated statutory requirement of 10 U.S.C. 2304(f)(3)(A)-(F), and 3) sets forth the facts and rationale in a logical sequence. Under each heading, use as many paragraphs as needed to explain the justification. Avoid jargon and overly technical or esoteric language. Numbering of sections and paragraphs is recommended for ease of reference.
Title: “Justification for Other than Full and Open Competition for [item/service to be purchased] under authority of 10 U.S.C. 2304 [specific exception number].”
1. Summary/Introduction: State in a few sentences 1) the field activity/agency, 2) what is being bought, 3) the estimated value and contract duration, and 4) the statutory authority cited for other than full and open competition. (This introductory section should be concise, as these points will be developed in detail later in the document.)
2. Description of Agency’s Need (10 U.S.C. 2304(f)(3)(A)): Include a summary of the origin of the procurement, a description of the supplies/services needed, the specific need or use for the item/service, and any other general information needed to understand the context of the procurement. If this is a lengthy section, additional topic headings may be appropriate, such as “Background,” “Current Procurement Efforts,” etc.
3. Authority for Other than Full and Open Competition (10 U.S.C. 2304(f)(3)(B)): Cite the authority and provide the rationale. If a particular company’s unique qualifications are critical, discuss those here. This section should include all facts supporting the use of other than full and open competition. This section should also address why the full quantity to be contracted for needs to be purchased without using competitive procedures.
4. Price/Cost Considerations (10 U.S.C. 2304(f)(3)(C)): Discuss relevant pricing issues, including the basis for determining that the anticipated price/cost will be fair and reasonable. Also include here, or elsewhere as appropriate, length of contract, quantity, and other contract particulars bearing on the price/cost.
5. Market Research/Efforts to Obtain Competition (10 U.S.C. 2304(f)(3)(D)&(E): Discuss market research, synopsis, and other efforts made to publicize the requirement and generate competition. Also include a listing of sources that expressed, in writing, an interest in the procurement. (Market Research may be addressed separately, if appropriate.)
6. Actions Being Taken to Overcome Barriers to Competition (10 U.S.C. 2304(f)(3)(F)): Describe, for example, any efforts to identify and evaluate less restrictive methods of expressing the requirement. Include, when applicable, a description of the action being taken to obtain a data package adequate to acquire the item competitively in future acquisitions. Note: When the J&A will include items coded AMSC A and/or H, see mandatory details at DLAD PGI 6.303-2(a)(90)(6)(a).
I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.
__________________ _______________________
Date Contracting Officer
Over $78.5 million:
Other signatures as appropriate:
_______________________
Chief Counsel
_______________________
Other
I have reviewed and hereby recommend that this Justification be approved:
DLA Competition Advocate ________________________
_________________________
DLA office of Counsel Signature and Date
Approval:
DLA Senior Procurement Executive ________________________
Signature and Date
(a)(91) Justifications and approvals (J&A's) for awards made under broad agency announcements that support industrial mobilization.
(1) J&A's for noncompetitive awards made in support of industrial mobilization must properly address the compelling reasons for limiting awards to a particular source or sources and the unique capabilities of the targeted source(s) to support the industrial base. FAR 6.302-3(a)(2) requires that the contracting officer demonstrate that other than full and open competition is necessary in order to "keep vital facilities or suppliers in business or make them available" in case of a national emergency or to achieve industrial mobilization. Generally, the J&A must contain sufficient information about the item or service and the supporting industrial sector to demonstrate clearly that the contracting officer's determination to include a particular source or sources in, and exclude others from, the supply base for that item or service is appropriate.
(2) The contracting officer shall address the following considerations in the J&A:
(a) the relationship between the agency's program objectives and the acquisition strategy employed;
(b) the nature of the item or service (e.g., complexity, criticality, unique features) and the supporting industrial sector (e.g., industry capacity, are sources domestic or foreign, small or large, planned producers, dependent on government business);
(c) the current supply environment (e.g., if the item is currently stocked in inventory, discuss why the agency cannot continue to buy this item in quantity and stock it; further, discuss why the agency must employ a different supply method, such as quick response or direct vendor delivery, in order to maintain defense readiness); and
(d) the unique capabilities of a particular source (or sources) to meet agency mobilization requirements, such as 24 hour delivery, surge capability, or dual-use technology.
(3) The J&A shall also include the following information:
(a) a description of how the specific item or service was selected.
(b) how the volume of requirements to be awarded was determined appropriate;
(c) volume and proposed disposition of any remaining requirements for the designated item or service;
(d) future plans for implementing successful strategies using full and open competition.
(4) The contracting officer shall consult with his/her Office of Counsel in the preparation of J&A's in support of industrial mobilization.
(b)(90) In addition to the examples provided in FAR 6.303-2(b), requirements personnel shall certify that:
(i) The purchase request covers only that quantity needed to satisfy an unusual and compelling urgency; and
(ii) For stocked items, the items are out of stock or existing stock is insufficient to satisfy the requirement, and, if possible, an explanation of why existing stocks are insufficient or the item is out of stock; for non-stocked items, a statement to that effect.
