PART 1806
COMPETITION
REQUIREMENTS
SUBPART 1806.2
FULL AND OPEN COMPETITION AFTER EXCLUSION
OF SOURCES
1806.202 Establishing or maintaining
alternative sources.
1806.202-70 Formats.
SUBPART 1806.3
OTHER THAN FULL AND OPEN COMPETITION
1806.302 Circumstances permitting other than full
and open competition.
1806.302-4 International agreement.
1806.302-7 Public interest.
1806.303 Justifications.
1806.303-1 Requirements.
1806.303-170 Sole-source purchases by
contractors.
1806.303-2 Content.
1806.303-270 Use of unusual and compelling
urgency authority.
1806.304-70 Approval of NASA justifications.
SUBPART 1806.5 COMPETITION ADVOCATES
1806.501 Requirement.
1806.502 Duties and Responsibilities.
PART
1806
Subpart 1806.2--Full
and Open Competition After Exclusion of Sources
1806.202 Establishing
or maintaining alternative sources.
(a) The authority of FAR 6.202 is to be used to totally or partially
exclude a particular source.
(b) The supporting data and the D&F must
name the source to be excluded and shall include the following information as
applicable and any other relevant information:
(i) The specific purpose to be served in
excluding the source as enumerated in FAR 6.202(a).
(ii) The acquisition history of the supplies or services,
including sources, prices, quantities, and dates of award.
(iii) The circumstances making it necessary to exclude a
particular source from the contract action:
(A) Reasons for lack of sources; e.g., the technical
complexity and criticality of the item.
(B) Current annual requirement and
prospective needs for the supplies and services.
(C) Projected future requirements.
(iv) Whether the existing source must be totally excluded from
the action or whether a partial exclusion is sufficient.
(v)
The potential effect of
exclusion on the excluded source in terms of any loss of capability to furnish
the supplies or services in subsequent contract actions.
(vi) When the authority of FAR 6.202(a)(1) is cited, the basis
for --
(A) Assumptions regarding future competition;
and
(B) The determination that exclusion of a
particular source will likely result in reduced overall costs for anticipated
future acquisitions, including (as a minimum) discussion of start-up costs,
costs associated with facilities, duplicative administration costs (such as for
additional inspection or testing), economic order quantities, and life-cycle-cost
considerations.
(vii) When an additional source or additional sources must be
established to provide production capacity to meet current and mobilization
requirements--
(A) The current annual and the mobilization
requirements for the item, citing the source of, or the basis for, the planning
data;
(B) A comparison of current production
capacity with current and mobilization requirements; and
(C) The hazards of relying on the present
source and the time required for new sources to acquire the necessary
facilities and skills and achieve the production capacity necessary to meet
requirements.
A
sample format for D&Fs citing the authority of FAR 6.202(a) follows:
National Aeronautics and Space
Administration
Authority to Exclude a Source
On the basis of following findings and
determination, which I make under the authority of 10 U.S.C. 2304(b)(1) as implemented
by FAR 6.202, the proposed contract action described below may be awarded using
full and open competition after exclusion of (1)
.
Findings
1. It is
proposed that the following requirement be acquired using full and open competition
after exclusion of the source identified above.
2. The
source identified above can be expected to receive an award for this
requirement unless excluded.
3. It is
necessary to establish or maintain an alternative source or sources.
4. The
exclusion of this source will increase
or maintain competition and is likely to result in reduction of (2)
in overall costs for any anticipated acquisition of the supplies or services
being acquired. This estimate is based
on (3) .
(See Note 4 for the use of Alternates I and II below.)
Alternate I: The exclusion of this source will
serve the national defense interest by having an alternative supplier available
for furnishing the supplies or services being acquired, in case of a national
emergency or industrial mobilization, because (5) .
Alternate II: The exclusion of this source will
serve the national defense interest by establishing or maintaining an essential
engineering, research, or development capability of an educational or other
nonprofit institution or a federally funded research and development center,
because (5) .
The exclusion of the source identified
above will increase or maintain competition and is likely to result in reduced
overall costs for any anticipated acquisition of the supplies or services being
acquired.
(See Note 4 for the use of Alternates I and II below.)
Alternate I: It
is in the interest of the national defense to exclude the source identified
above in order to have an alternative supplier available for furnishing the
supplies or services being acquired, in case of a national emergency or
industrial mobilization.
Alternate
II: It is in the interest of national defense to exclude
the source identified above in order to establish or maintain an essential
engineering, research, or development capability to be provided by an
educational or other nonprofit institution or a federally funded research and
development center.
Date___________
NOTES:
1. Name of source to be excluded.
2. Description of estimated reduction in overall
costs.
3. Description of how estimate was derived.
4. In paragraph 4 and in the Determination, the
basic wording is appropriate when FAR 6.202(a)(1) applies; Alternate
I is appropriate when FAR 6.202(a)(2) applies; and Alternate II is appropriate
when FAR 6.202(a)(3) applies.
5. Description
of circumstances necessitating the exclusion of the identified source.
Subpart 1806.3--Other
Than Full and Open Competition
1806.302
Circumstances permitting other than full and open competition.
1806.302-4 International agreement.
(c)
Pursuant to 10 U.S.C. 2304(f)(2)(E), an individual justification for other than
full and open competition under the authority of FAR 6.302-4 is not required when the procurement
officer signs a Memorandum for the Record that describes the specific terms of
the international agreement or treaty that limit acquisitions in support of, or
as a result of, the agreement or treaty to less than full and open competition.
(c)(2) The notice to Congress shall be made by NASA
Headquarters, Office of Legislative Affairs.
The Office of Procurement, Program Operations Division shall request the
notice to be made immediately upon approval of a D&F and shall advise the
contracting activity of the date upon which the notification period ends.
(3)
The contracting officer shall prepare the D&F required by FAR
6.302-7(c)(1) in any
format that clearly documents the determination and the supporting
findings.
(b)
Justifications for using less than full and open competition may be prepared by
the technical office initiating the contract action when it is recommending the
use of the justification authority, or by the contracting officer if the
technical office does not make such a recommendation.
(c)
The contracting officer shall send a copy of each approved justification or
D&F that cites the authority of FAR 6.302-7 to NASA Headquarters, Office of
Procurement , Program Operations
Division, unless one of the exceptions at FAR
25.401
applies to the acquisition. The transmittal shall indicate that the
justification is being furnished under FAR
6.303-1.
(d) NASA Headquarters, Office
of Procurement, Program Operations Division shall be notified of all actions
citing the authority of FAR 6.302-2. Notification shall be
accomplished in two steps. Step One: The contracting officer shall
notify the cognizant analyst in Program Operations Division of actions
requiring the use of an unusual and compelling urgency justification as
soon as the requirement is determined or the need is
identified. This written notice shall be emailed to the Program
Operations Division analyst and shall provide a short summary of the
purpose and need behind the justification and also provide the anticipated
award date of the contractual action. The purpose of this
notification is to initiate a telephone dialogue between the Center and HQ's
Program Operations Division to discuss the need and the
anticipated contracting approach.
The Center shall be responsible for initiating this telephone dialogue
with HQ to ensure receipt of the written notification. This notification shall be accomplished
prior to approval of the justification and prior to award of the
contractual action unless the urgent nature of the situation does not
allow time to submit the notice. Step Two: The contracting officer
shall send a copy of each approved justification or D&F that cites the
authority of FAR 6.302-2 to NASA Headquarters, Office of Procurement, Program
Operations Division’s cognizant analyst within three days of its
approval. Transmission of this copy can be by facsimile unless
NASA Public Key Infrastructure (PKI) is determined necessary. The
purpose of the notice is for informational, record and analysis
purposes and will provide the Program Operations Division
the opportunity to identify any systemic issues associated
with the various justifications.
1806.303-170 Sole-source purchases by contractors.
The
requirements of FAR Part 6
and NFS Part 1806 apply if NASA directs a prime contractor (by specifications,
drawings, parts lists, or otherwise) to purchase items on a sole-source
basis. Accordingly, procurement officers
shall take necessary actions to ensure that such sole-source acquisitions are
properly justified.
1806.303-270 Use of unusual and compelling urgency
authority.
(a) When using the authority of FAR 6.302-2, the
justification required in FAR 6.303 shall describe and provide rationale as to
the extent and nature of the harm to the Government by: quantifying the serious
injury; estimating the cost and describing the basis for the estimate of the
financial injury. If personal injury or
loss of life or any other injury is probable, describe the circumstances behind
this potential injury/loss and why no other action could avert these conditions. Include a chronological explanation of events
that caused the urgent situation. The
justification must also explain the extent to which competition is limited and
describe the extent to which maximum practicable competition was obtained given
the circumstances.
(b) If
the authority at FAR
6.302-2 is used for
extending the performance period of an existing services contract, the
justification shall contain the information required by FAR 6.303-2 and;
(1)
Documentation that the acquisition process for the successor contract was
started early enough to allow for adequately planning and conducting a full and
open competition, together with a description of the circumstances that
prevented award in a timely manner; and
(2)
Documentation of the reasons why no other source could practicably compete for
the interim requirement.
1806.304-70 Approval of NASA justifications.
Concurrences
and approvals for justifications of contract actions conducted in accordance
with FAR
Subparts 6.2 and 6.3 shall be obtained as follows:
(a)
For proposed contracts over $550,000 but not exceeding $11,500,000 -
(1)
Concurring official: Procurement Officer
(2)
Approving official: Center or Headquarters Competition Advocate.
(b) For proposed contracts over $11,500,000 but
not exceeding $78,500,000 -
(1)
Concurring officials:
(i) Procurement Officer
(ii)
Center or Headquarters Competition Advocate
(2)
Approving official: Head of the contracting activity.
(c)
For proposed contracts over $78,500,000 -
(1)
Concurring officials:
(i) Procurement Officer
(ii)
Center or Headquarters Competition Advocate
(iii)
Head of the contracting activity.
(iv)
Agency Competition Advocate
(2)
Approving Official: Assistant Administrator for Procurement
(d)
The approval authority of FAR
6.304(a)(3) may not be
delegated to other than the installation's Deputy Director.
(e)
For proposed contract actions requiring approval by the Assistant Administrator
for Procurement, the original justification shall be forwarded to the Assistant
Administrator for Procurement, Office of Procurement, Program Operations Division.
(f)
Regardless of dollar value, class justifications shall be approved by the
Assistant Administrator for Procurement.
(2) The
Center Deputy Directors or Associate Directors are the competition advocates
for their contracting activities.
(3)
The executive officer
for the Director of Headquarters Operations is the competition advocate for the
Headquarters contracting activity.
1806.502 Duties and
Responsibilities.
(b)(i) Center
competition advocates shall submit annual reports to the agency competition
advocate on or before November 30.
(ii) The agency competition advocate shall submit an annual
agency report on or before January 31.