1.11 Limited Source Justificationn- Redacted_Redacted.pdf

OTHER THAN FULL AND OPEN COMPETITION

Pursuant to Title 41 U.S.C. 3304 and 10 U.S.C. 2304(c) each authorize, under certain conditions, contracting without providing for full and open competition.

Each contract awarded without providing for full and open competition shall contain a reference to the specific authority under which it was so awarded.

Contracting without providing for full and open competition shall not be justified on the basis of:

a. A lack of advance planning by the requiring activity or

b. Concerns related to the amount of funds available (e.g., funds will expire) to the agency or activity for the acquisition of supplies or services.

c. The requirement came down last minute.

d. Suggested vendor has done work for the Government in the past.

e. The Government has a good working relationship with the suggested vendor.

It is the responsibility of each activity to provide and certify the data that will support contracting with other than full and open competition procedures. Each justification shall contain sufficient facts and rationale to justify the use of said procurement. It shall have a detailed explanation as to why an item or service can only be provided by one responsible source and no other supplies or services will satisfy agency requirements. Statements such as "only known source", "only source that can meet required delivery date" or “do not substitute” are not adequate. "Urgency" is not a justification. "Must be compatible with existing equipment" is not enough information to constitute a valid sole source justification. An adequate sole source justification shall include the following minimum information:

a. The intended use of the item or service

b. A description of the item to include the critical or unique characteristics of the material or service which are mandatory that limit the requested item to a sole source

c. The reason why no other source can furnish the requested item (e.g. patents, copyrights or other proprietary data).

Sole Source

Sole Source purchases occur when the required supplies or services can be bought from only one source, thereby eliminating all competition.

Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in Part

6. However, the acquisition team must:

a. Conduct sole source acquisitions, as defined in 2.101, (including brand name) under this subpart only if the need to do so is justified in writing and approved at the levels specified in paragraph (a)(2) of this section;

b. Prepare sole source (including brand name) justifications using the format at FAR Subpart 6.303- 2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903.

Some valid reasons for a sole source are:

a. Repair parts only available through equipment manufacturer (market survey has been conducted)

b. Compatibility with existing equipment (requires documentation of existing equipment value and special features, which no other manufacturer can provide)

c. The source can / has established proprietary rights in the item or service required

d. The work is so closely related to that of an on-going contract that would not be feasible to consider another potential contractor

e. Similar products lack features that are necessary to meet the Government's minimum needs or other contractors are not qualified to perform necessary services (specific, detailed features or qualifications must be provided in the purchase description or statement of work)

f. Compliance with the agency's standardization program (e.g. Shipboard Copier Program (SCP))

g. National security - disclosure of the agency's needs would compromise the national security

Brand Name

An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer:

a. Does not provide for full and open competition, regardless of the number of sources solicited; and

b. Shall be justified and approved in accordance with FAR 6.303 and 6.304.

Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in Part

6. However, the acquisition team must:

a. Conduct sole source acquisitions, as defined in 2.101, (including brand name) under this subpart only if the need to do so is justified in writing and approved at the levels specified in paragraph (a)(2) of this section;

b. Prepare sole source (including brand name) justifications using the format at FAR Subpart 6.303- 2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903.

Unusual and Compelling Urgency

Unusual and Compelling Urgency is a serious situation that can lead to a cascading mission failure.

Within their respective justifications, the Contracting Officer has to not only explain what the compelling urgency is, but also describe the irreparable damage the Government will endure if the award is either delayed or denied. This type of statutory authority is used by the Department of Defense (DoD) during international conflicts or natural disasters.

When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to LIMIT the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.

This authority applies in those situations where:

a. An unusual and compelling urgency precludes full and open competition, and

b. Delay in award of a contract would result in serious injury, financial or other, to the Government.

Limitations:

a. Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304. These justifications may be made and approved after contract award when preparation and approval prior to award would unreasonably delay the acquisition.

b. This statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances.

Some valid reasons for an Unusual and Compelling Urgency are:

a. A crane rental to transport boats out of the water because a hurricane.

b. An engine part of a ship that is broken down off the coast.

c. New fall protection equipment to replace the damaged equipment.