PART 1806

COMPETITION REQUIREMENTS

 

TABLE OF CONTENTS

 

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

COMPETITION REQUIREMENTS

 

Subpart 1806.2--Full and Open Competition After Exclusion of Sources

 

1806.202Establishing 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.

 

1806.202-70Formats.

†† A sample format for D&Fs citing the authority of FAR 6.202(a) follows:

 

National Aeronautics and Space Administration

Washington, DC 20546

 

Determination and Findings

 

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 ofthis 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)     .

 

Determination

 

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

 

1806.302Circumstances permitting other than full and open competition.

 

1806.302-4International 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.

 

1806.302-7Public interest.

†† (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 anyformat that clearly documents the determination and the supporting findings.

 

1806.303  Justifications.

 

1806.303-1Requirements.

†† (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 Divisionís 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.

 

1806.303-170Sole-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.

 

1806.303-2Content.

 

1806.303-270Use 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.

 

1806.304-70Approval 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.

 

Subpart 1806.5--Competition Advocates

 

1806.501Requirement.

(1) The Director, Program Operations Division, is the agency competition advocate, reporting to the Assistant Administrator for Procurement on issues related to competition of NASA acquisitions.

†† (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.

 

1806.502Duties 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.