(a) Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited.
(b) As a minimum, each justification, except those for sole-source 8(a) contracts over $20 million (see paragraph (d) of this section), shall include the following information:
(1) Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”
(2) Nature and/or description of the action being approved.
(3) A description of the supplies or services required to meet the agency's needs (including the estimated value).
(4) An identification of the statutory authority permitting other than full and open competition.
(5) A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.
(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.
(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.
(8) A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.
(9) Any other facts supporting the use of other than full and open competition, such as:
(i) Explanation of 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.
(ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.
(iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.
(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.
(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.
(12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief.
(c) Each justification shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government's minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.
(d) As a minimum, each justification for a sole-source 8(a) contract over $20 million shall include the following information:
(1) A description of the needs of the agency concerned for the matters covered by the contract.
(2) A specification of the statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract (see 19.805-1).
(3) A determination that the use of a sole-source contract is in the best interest of the agency concerned.
(4) A determination that the anticipated cost of the contract will be fair and reasonable.
(5) Such other matters as the head of the agency concerned shall specify for purposes of this section.
[50 FR 1729, Jan. 11, 1985, as amended at 50 FR 52433, Dec. 23, 1985; 60 FR 48236, Sept. 18, 1995; 66 FR 27412, May 16, 2001; 76 FR 14562, Mar. 16, 2011]
Title 48 published on 2013-10-01
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