(a) FAR 6.305 applies only to justifications required by FAR 6.303-1. Limited source justifications required by other FAR sections, such as FAR 8.405-6, 13.106(1)(b), 13.501, or 16.505(b)(2) are therefore not subject to the FAR 6.305 posting requirement. Contracting offices shall, however, follow the provisions of (c) and (d) below (with the exception of servicing Office of Counsel review, which is optional in these cases) concerning any limited or sole source justification required to be publicly posted by any FAR section (e.g., FAR 5.102(a)(6), 8.405-6(d)). Supply chains and contracting organizations shall post to FedBizOpps the approved justification, appropriately reviewed and redacted in accordance with (d) below. Attachments and supporting documentation will not be posted. Format instructions are contained in the February 13, 2009, Memorandum from the Director, Defense Procurement, “Public Disclosure of Justification and Approval (J&A) Documents for Noncompetitive Contracts”, http://www.acq.osd.mil/dpap/policy/policyvault/USA000865-09-DPAP.pdf.
(b) Supply chain HCAs, or CCOs when J-7 is the HCA, shall ensure J&As are appropriately posted to FedBizOpps within the mandated statutory timeframes (see FAR 6.305(a) and (b)). Local and headquarters level procurement management reviews will include J&A postings as one of their subjects for oversight.
(c) When drafting J&As, contracting offices should carefully consider whether to include information whose disclosure, either alone or in combination with other publicly-available information, could lead to compromise of classified information or sensitive activities. They should first consider whether the information can be omitted from the J&A without compromising its intended purpose. If the information can be omitted, then it should be. For example, the J&A might concern support for sensitive overseas special operations activities. If possible, it should be written in such a way that it satisfies legal and regulatory requirements while not disclosing the nature of the activities being supported. If the information is critical to the J&A, then it should be phrased in a general way so as not to disclose any more sensitive information than is absolutely necessary.
(d) Review prior to posting.
(1) The contracting officer and the servicing Office of Counsel shall review all J&As subject to FAR 6.305, regardless of dollar value, to ensure material exempt from disclosure under FAR 6.305(c) is redacted before posting the document to FedBizOpps. Office of Counsel review for exempt material may be done as part of the normal review process for a J&A.
(2) For further guidance and instructions on redacting information, see the DLAD PGI 6.305(c)(2).
(e) Reviewing posted J&As. Supply chain HCAs, or CCOs when J-7 is the HCA, shall periodically spot check J&As posted by their activities to ensure only appropriate content is visible, in accordance with FAR 6.305(c), the DPAP Memorandum of February 13, 2009, above, the Freedom of Information Act (5 U.S.C. 552), and the prohibitions against disclosure in FAR 24.202.
(f) Agency web-site link requirement. The FAR 6.305(a)(2) requirement for providing the J&A on the website of the agency is satisfied by DLA’s link at http://www.dla.mil/j-7/adddocs.asp . and http://www.dtc.dla.mil/dsbusiness/default.htm , which provide access to the posted J&As on FedBizOpps. Contracting activities and organizations may also provide a link to the DLA links or to FedBizOpps from their own web pages, however, they shall not duplicate the effort by posting the approved and redacted J&As on their own websites.
