F3QCAZ8354B101_JandA CAD_Signed.pdf

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JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. Contracting Activity.

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action. Identify the purchase request number.

II. Nature and/or Description of the Action Being Processed. [FAR 6.303-2(b) (2)]

State whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (e.g., firm-fixed-price, cost-plus-incentive-fee, etc.). If exception “2” is cited (Unusual or Compelling Urgency), state date of UCA/contract/modification issuance and amount.

An individual J&A cannot be used to support more than one contract irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate J&A prior to option exercise or the J&A supporting the basic contract must be a Class J&A. For

Class J&A situations (covers more than one contract) where the number of contracts in the class can be identified: (1) Provide a brief general description of actions; (2) identify the supplies and services that are being acquired; and (3) for each contract in the class identify the contractor, estimated value, type of contract and rationale for contract length, and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time.

III. Description of the Supplies/Services Required to Meet Agency Needs. [FAR 6.303-2(b) (3)].

Specifically, describe the supplies and/or services to be acquired, the total estimated value of the acquisition - including options (provide cost estimate by year and, for class J&As, by contract action), and the estimated delivery dates/periods of performance. If commodities are being procured, provide quantities. All contract line item numbers (CLINs) e.g., technical data, support equipment, support services, etc., should be listed. If all of the ancillary requirements associated with a particular item are not specifically described in the J&A, those ancillary requirements cannot be included in the resulting contract and would require a second J&A. Also, state the type of appropriation (e.g., 3600, 3010, and 3400) that will be used to fund each requirement listed.

If approval for more than one fiscal year requirement is needed, give the rationale for this request. Generally, the scope of these actions is limited to current requirements only, so that actions may be taken to facilitate competition for out-year requirements.

In some cases, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year's requirements.

For ID/IQ or Requirements contracts, use the maximum dollar value of the total estimated orders as the estimated J&A dollar value.

IV. Statutory Authority Permitting Other Than Full and Open Competition. [FAR 6.303-2(b) (4)]

10 U.S.C. 2304(c) (?) (See Note 1 below), as implemented by FAR 6.302-? (See Note 2 below), required by FAR 6.303-2(b) (4).

Note 1: Complete the 10 U.S.C. 2304(c) citation with the statutory subparagraph cited in the (a) Authority (1) Citations portion of the Competition exception used for your J&A.

Note 2: Complete the FAR citation with the appropriate subparagraph.

Note 3: For class J&As, all contracts within the class should fall within the same statutory authority. Where a different authority must be used for any contract action, a separate J&A should be prepared.

V. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (Applicability of Authority). [FAR 6.303-2(b) (5)]

Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. For acquisitions that include both supplies and services, separately justify the use of the authority for the services and supplies.

Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire) [FAR 6.301(c)]. To assist you, the following information is provided:

A. Only One Responsible Source (FAR 6.302-1)

When using this authority, thoroughly describe the contractor's unique/highly specialized capabilities and/or qualifications (e.g., facilities, personnel, special tooling acquired), and why no other type of supplies or services will satisfy the agency requirements. This authority shall be used, if appropriate, in preference to the authority in FAR 6.302-7. This authority shall not be used when any of the other authorities apply.

This authority also applies to the use of restrictive brand name descriptions in requirements documentation. 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 does not provide for full and open competition regardless of the number of sources solicited. If a brand name will be used, you must justify it and clearly explain why a specific brand produced by a single company is required, as opposed to allowing full and open competition. The justification should indicate that the use of such descriptions in the acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company. [FAR 6.302-1(c)] Brand-name or equal descriptions do not require justifications and approvals to support their use.

In the case of a follow-on contract for continued development or production of a major system or highly specialized equipment/services, the rationale must first justify the supplies/services as being a “major system” or “highly specialized.” The rationale must then justify “either” substantial duplication of cost to the Government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the agency's requirements, whichever situation applies. If both of these situations apply, the rationale can be based on either of these two situations, or both. Justifications for follow-on contracts should be organized as below:

Subsection 1

(a) Describe the system or support element to which supply/service to be procured under the contemplated acquisition relates in terms of its purpose and its capabilities. Describe how the contemplated acquisition relates to that system or support element. Describe the previous acquisition history, to include a description of the work the contractor has been performing. Additionally, include the current contract number, basis of award for that contract (competitive/sole source), when the contract was awarded, and when the contract will expire. If the work the contractor will perform under the contemplated acquisition is being done under an ACAT I or II program, state that designation. If the work will not be done under an ACAT I or II program, provide a detailed explanation from a technical perspective as to why the supplies/services to be procured are “highly specialized.” This section must summarize your justification by including the main point(s) of the justification.

(b) If the planned acquisition is a “bridge” effort, which contains options, so state and explain why options are necessary.

(c) Add a concluding sentence to the end of this paragraph, suitably tailored; e.g., “Therefore, this acquisition will be a follow-on contract for the continued production of a major system,” or “Therefore, this acquisition will be a follow-on contract for the continued development of highly specialized equipment,” or “Therefore, this acquisition will be follow-on contract for the continued development of a major system,” or “Therefore, this acquisition will be a follow-on contract for the continued production of highly specialized equipment,” or “Therefore, this acquisition is for continued performance of a highly specialized service.”

Subsection 2

Begin with the following sentence, as applicable: "Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition” or “Award to any other source would result in unacceptable delays in fulfilling the Air Force's requirements” or “Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the Air Force's requirements.” Then, discuss either or both of the following situations (although only one of these situations is needed; if the facts exist to support both, then provide that information):

(a) When the rationale is based on substantial duplication of costs, estimate the amount of duplicated costs and offset that by the amount of cost savings that are likely to be generated by competition, if feasible. Include the rationale for the amount of cost that would be duplicated (e.g., training required so that another source could acquire the skills necessary to perform the effort, equipment, facilities) and how the estimates were derived (e.g., development costs incurred by the Government under the existing contract or similar programs). [FAR 6.303-2(b) (9) (ii)]

(b) When the rationale is based on unacceptable delay, provide the length of the anticipated delay, state how long it would take another source to obtain this capability (e.g., months, years) and why (if applicable), provide a description of exactly what is being delayed, and provide a detailed explanation of the impact or problem caused by the delay. For example, the impact of not adding additional quantities of launch support services staff-hours to an existing contract might cause a launch to not occur as scheduled, thus delaying the operational use of a spacecraft, thus reducing the constellation's operational availability - and thus reducing (or precluding) the ability of the war fighter to accomplish specific missions.

Subsection 3

Include one of the following sentences, whichever is applicable:

(a) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition.”

(b) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements.”

(c) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.”

B. Unusual and Compelling Urgency (FAR 6.302-2, DFARS PGI 206.302-2)

Contracting Officers shall contact SAF/AQC at usaf.pentagon.saf-aq.mbx.saf-aqc-workflow@mail.mil as soon as practicable when contemplating an award under the authority cited in FAR 6.302-2 for J&As requiring Senior Procurement Executive (SPE) (SAF/AQ) approval. Provide an explanation why (1) the supplies or services are needed at once because of fire, flood, explosion, or other disaster, or (2) essential equipment or repairs to that equipment are needed at once, e.g., to preclude impairment of launch capabilities or mission performance of missiles or missile support equipment, eliminate imminent grounding of the XX fleet crucial to what mission of the USAF and Defense of the Nation. In other words, identify the anticipated serious injury to the Government, the nature of the urgency, the reasons for it occurring and why it is “urgent and compelling” to preclude adverse impact to military readiness. Merely citing a Joint Urgent Operational Need (JUON), Force Activity Designator (FAD) rating, Program Management Directive (PMD)/Program Action Directive (PAD) guidance, or DX priority rating is not in and of itself sufficient reason to use this exception from the requirement to obtain full and open competition. Note that only the minimum quantity required to satisfy the unusual and compelling urgency qualifies for this exception; thus, this exception might not suffice to justify option quantities. For example, a JUON covering an entire program may not necessarily warrant a class J&A for all program requirements. The inclusion of future “unknown” requirements in class J&As proceeding on this basis is not favored. In addition, actions covered by a relevant JUON should, a) cite the JUON, b) describe the nature of the need covered by the JUON, and c) describe the relationship between the JUON and the requirements contemplated under the J&A(e.g., whether the J&A includes requirements not covered by the JUON, whether the J&A covers just a portion of the JUON's scope, etc.). JUONs can provide important support for the J&A; however, the J&A is a stand-alone document and should not rely solely upon the fact that a JUON has been issued as a basis for approval. Activities are under a continuing duty to ensure maximum competition practicable under the circumstances, and JUONs do not automatically provide relief from that duty.

The exception for “unusual and compelling urgency” does not authorize a sole source contract. This exception only authorizes limitation to the greatest number of potential sources that can fulfill the requirement in the time needed. Therefore, the J&A should also describe the method and rationale for identifying the sources to which the solicitation will be limited. If the solicitation is to be limited to only one source, the J&A must be based on an exception that authorizes selection of a single source.

C. Industrial Mobilization; or Engineering, Developmental, or Research Capability

(FAR 6.302-3)

The most important part of justifications citing this authority is demonstrating the need to maintain the capability possessed by the identified source(s). Some form of market survey may be critical in demonstrating the uniqueness of this capability.

D. Authorized or Required by Statute (FAR 6.302-5)

It is imperative to identify what is being acquired and the applicable statute authorizing other than full and open competition. Note: Some statutes do not require a written J&A.

E. National Security (FAR 6.302-6)

Provide the minimum essential information needed to establish validity of the justification. This information will make the J&A a classified document. Special handling procedures are required for processing such documentation to the approval authority. Only parties with a “need to know” and the proper level of security clearance should be permitted access to the documentation. Such acquisitions are also exempt from synopsis under FAR 5.202(a) (1).

This statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances. This exception may be utilized to authorize limited competition in certain narrow circumstances; however, contracting officers may not authorize sole-source contracts solely through use of the national security exception unless disclosure of the agency's need to more than one source would compromise national security.

F. Public Interest (FAR 6.302-7)

(NOTE: Requires D&F in lieu of J&A.) This authority may only be used when none of the other authorities is appropriate and may not be made on a class basis. Provide detail addressing the reasons full and open competition is not in the public interest and why no other authority is appropriate for use.

VI. Description of Efforts Made to Ensure that Offers are Solicited From as Many Potential Sources as Practicable. [FAR 6.303-2(b) (6)]

Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although Market Research is covered in Section VIII, the information in Section VI should correlate with the Market Research described in Section VI. The following issues should be addressed in this paragraph:

Sources Sought (SS) or Request for Information (RFI) Synopsis (utilized as part of market research). If a SS or RFI synopsis was issued, state the date the synopsis was issued and a brief description of its content. If any responses were received, state the number of responses and describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. This is particularly important when citing the authority of 10 U.S.C. 2304(c) (1), “Only one (or a limited number of) responsible source(s)”, since it is this survey of the market place that confirms our assumptions regarding the capability of industry to meet our needs. SS/RFI synopsis is mandatory when using authority of 10 U.S.C. 2304(c) (1). [DFARS PGI 206.302-1(d) unless waived by SCCO (SES or GO)]

Specify whether this acquisition will require a Notice of proposed Contract Action (NOCA) IAW FAR 5.201. Include whether a NOCA was or will be publicized and specify the dates or expected dates of publication of the NOCA. If the NOCA was not or will not be issued, cite the specific authority for not doing so (FAR 5.202) and the rationale for the NOCA exception. Note that, although a NOCA initiated pursuant to FAR 6.302-2 may not be required, use of this authority is not an automatic exemption from the NOCA requirement [FAR 5.202(a) (2)]. If a NOCA is issued, the J&A cannot be signed until the required publicizing time IAW FAR 5.203 has been satisfied and the NOCA results have been included in the J&A package."

Other Actions. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. [FAR 6.303-2(b) (7)]

Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits.

VIII. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research was not Conducted. [FAR 6.303-1(b) (8)]

Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fulfill the Government needs with only minor modification. Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

Generally, some form of market research should be conducted. But it is most critical when citing the authority of FAR 6.302-1. Under such circumstances, use the following sentence: “As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.”

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If no market research was conducted, so state and provide the rationale.

Note: Include date market research was conducted/completed, techniques used (including SS/RFI information), result of query(s) and vendor survey(s), and market research conclusion.

IX. Any Other Facts Supporting the Use of Other Than Full and Open Competition. [FAR 6.303-2(b) (9) (i)]

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available. [FAR 6.302-1(b) (2) and 6.303-2(b) (9) (i)].

Normally, you state “None” in this section because facts supporting your basis for OTF&OC have already been discussed.

X. List of Sources, if any, That Expressed Interest in the Acquisition. [FAR 6.303-2(b) (10)

If a SS/RFI synopsis was posted on FedBizOpps, interested source(s) response(s) and evaluation were discussed in Section VI, it is acceptable to state, “See Section VI above” in this Section.

XI. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition Before Making Subsequent Acquisitions for the Supplies or Services Required. [FAR 6.303-2(b) (11)]

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired. Describe potential actions that could be taken to remove the barriers to competition that have been identified in the justification and include a milestone schedule, where available, for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and provide the planned award date [FAR 6.303-2(b) (11)], or state that the Government will attempt to acquire rights in technical data and computer software sufficient to compete follow-on acquisitions as a priced option in the contract action that is the subject of this J&A, or (if applicable) state how the Government intends to challenge nonconforming markings on technical data and computer software delivered to it under previous contracts so those markings can be removed in order that the technical data and computer software may be used in support of a follow-on competitive acquisition, or describe plans to qualify additional sources.

Address efforts to ensure competition for future spare parts and maintenance in support of systems or equipment covered by the justification, even when these acquisitions will be accomplished by other organizations. Include a discussion on available breakout data.

If no actions are planned, so state and provide reasons. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

For a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a J&A citing the authority at FAR 6.302-1, include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions. The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification. If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level. [DFARS PGI 206.304(a) (S-70) (ii)]

Note: This section requires a brief recap of the data discussion, reverse engineering, organic capability, and life of program.

XII. Certification by the Contracting Officer. [FAR 6.303-2(b) (12)]

As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Technical/Requirements Personnel’s Certification. [FAR 6.303-2(c)]

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

JUSTIFICATION AND APPROVAL CHECKLIST

PR #: __________________________

Dollar Amount $_______________________________

(J&A/SASS-AP/MRR – all should show the same estimated dollar value)

Package Overview

· J&A (Word and .pdf Template) and all supporting documents are in J&A folder [Previous J&A, MRR, SASS/AP (Approved or Draft), PR (Certified, Planning, or Draft), CRT/CET/CBT Minutes, Procurement History, Screenshot of SS/RFI, D&F (>$112M), etc.)

· Verify dollar value is consistent among all documents (J&A, SASS/AP, and MRR)

· Verify story is consistent among all documents (Sole Source vs. Limited Competition, execution methodology and procedures, type of contract, PoP or length of contract, delivery schedules, etc.)

· Verify same PR# is shown in J&A and MRR

· Spell check Word J&A

Previous J&A

· Upload previous J&A (including signed JRD or CAD) for follow-on efforts

J&A .pdf Template

· Use “current” J&A.pdf template posted on the J&A SharePoint

· Complete all blocks on face page, including names of all persons required to coordinate and a “single block/name” under the approval signature section. Delete all extra signature blocks. Do not fill-in J&A.pdf template Sections I-XIII. The PM and PCO should proceed with signing the pdf J&A template prior to submission for CA initial review.

Signatory requirement for J&A thresholds:

a. >$700K ≤ $13.5M: Coord: PM, PCO, JA; Approval: CA

b. >$13.5M ≤ $93M: Coord: PM, PCO, JA, CA; Approval: PEO (AFLCMC) or SCO (AFSC/Enterprise) Approval authority must be a SES or GO

c. >$93M:

*AFLCMC: Coord: PM, PCO, JA, CA, SCO, PEO, SAF/AQC; Approval: SAF/AQ

*AFSC/Enterprise: Coord: PM, PCO, JA, CA, SCO, SAF/AQC; Approval: SAF/AQ

Note: Waiver to SS/RFI for “-1” authority J&A requires SCO (SES/GO) approval

Justification and Approval Sections:

· Section I:

· Requiring activity

· Contracting activity

· PR number(s)

· Section II:

· Description of the Action (the “Action” is the request for authority to use OTF&OC; a description of the “requirement” goes in Section III)

· State if New or Follow-on Contract, or Modification

· Identify type of contract vehicle (i.e., Definitive “C,” IDC –if so, what type – IDIQ or Requirements) and pricing arrangement (FFP, CPFF, CPIF, etc.)

· Identify Options or Ordering Periods, if applicable.

*Unpriced Options (including those w/NTE) require a stand-alone J&A at time of pricing if estimated value can’t be determined; or Class J&A for the basic if multiple contracts will be awarded.

· CLASS J&A – include:

i. Brief description of Action;

ii. Identified as Class J&A;

iii. Describe Supplies/Services;

iv. List Contractors or if a Sole Source Contractor, list each contract planned for award / Est Value / Type of Contract / PoP or Ordering Period (including Options) and Rationale for Contract Length / Estimated Award Date

· Name of Company (as registered in SAM) - full address, CAGE code, and large or small business

· Section III

· Include a complete description of the requirement. If supplies and services, discuss each separately.

Note: You are required to “describe what you are buying” in Section III. This is not the Section to include your rationale for going OTF&OC – save that information for Section V.

· Supplies: Include NSN(s) and/or part number(s), quantity, unit price, and total price

*Do not import picture/.peg/.jpeg type files – won’t transfer to .pdf J&A Template

*Create all tables in Word format – Do not import Excel tables

· Services: Description of effort (including Ancillary requirements), CLIN(s) price, and total price

*If an Ancillary requirement is not included in the J&A, it cannot be included in the contract w/out approval of an amended J&A. If after award, a stand-alone J&A is required prior to adding the Ancillary requirement (i.e., new scope) to the contract.

· Properly label quantity (i.e. Definitive Quantity, BEQ for Requirement type IDC, and Min/Max for IDIQ type IDC)

· Include total estimated value (including priced options and ancillary requirements) and estimated delivery date, PoP, or Ordering Period of IDC.

· Include type of funds: Cannot simply say USAF, CAM, and MSD – you must include the type of appropriation [e.g. Operation and Maintenance (3400)].

· Include SAW (AMC/AMSC or RMC/RMSC) information

· Section IV:

· Cite the Statutory [10 U.S.C 2304 (c) (?)] and Regulatory [FAR 6.302-1(?)] authority.

· Section V (Organize your discussion using the following sequence):

· Include the rationale and basis for OTF&OC. Clearly articulated “why” this item/system/program cannot be competed full and open. Give historical background if it adds value to the discussion. Tell the story.

· Include if effort is ACAT I or II. If not ACAT, include technical explanation as to why the supplies/services are highly specialized. State projected life of program.

· If this is a “bridge” effort, which contains options, so state and explain why options are necessary.

· Follow-on contract: Include prior contract #, basis of award (competitive/sole source), and when it was awarded and expires.

· Give the date, how (verbal, email, or letter), and contractor response to request on selling technical data to the Govt. The CA prefers to see a recent request (w/in 6-12 months)

· For “-1” follow-on efforts, must discuss “substantial duplication of cost” and/or “unacceptable delays” for efforts that are for continued development or production of a major system or highly specialized equipment/service. Include your basis (time, cost, etc. that are quantifiable) and rationale (i.e., BCA, CBA, reverse engineering effort, comparison to similar item, etc.).

· If you use reverse engineering to support determination of substantial duplication of cost, include the est time/cost of the RE, ROI, and comparison of cost to the life of the program, and whether it is viable for breaking barriers to competition.

· Include a conclusion paragraph – see template for sample language

· Section VI

· Include Sources Sought (SS) / Request For Information (RFI) synopsis info (date posted to FedBizOpps, Synopsis number, Brief Description, #responses, and capable/not capable determination of responders). *Required for all “-1” J&As unless waived by the SCO (SES or GO).

· Address whether a pre-solicitation synopsis will be posted in accordance with FAR 5.201. If not synopsized, cite the authority for not doing so (FAR 5.202).

· Section VII:

· Non-commercail, “…use of certified cost or pricing data.

· Commercial, “…use of other than certified cost or pricing data.”

· Describe the extent of cost or price analysis, including use of technical evaluations, audits, and DCMA recommendations.

· Confirm you are referencing to the correct FAR Part (12 or 15) for procedures used to determine fair and reasonable pricing.

· Section VIII:

· Confirm MRR is current (w/in 18 months), accurate, and relevant

· Confirm MRR is signed by the PM and PCO

· Include the date the market research was completed (i.e., MRR face page date) and conducted in accordance with FAR 10.001 and 10.002.

· Include market research techniques used (i.e., SS/RFI, internet searches (include website addresses), DSBS search, vendor survey, etc.). Identify query filtering technique, such as keywords and NAICS.

Note: Summarize the # of vendors surveyed (for example, “…we surveyed x vendors and the result was……”). You are not required to include actual names in the J&A, but give the # evaluated and capable/not capable conclusion.

· Include determination of commerciality (confirm J&A and MRR agree)

· Include a market research conclusion paragraph

· Section IX:

· Include other supporting facts that were not previously covered in the J&A. If no other facts are relevant, state “None” in this Section.

· Section X:

· State “See Section VI above.”

· Section XI:

· Recap technical data discussion, including estimated cost and whether there would be a ROI based on the life of the program.

· Recap duplication of cost (RE, BCA, CBA, etc.) and/or unacceptable delay discussion. If RE is discussed in Section V, give a summary statement on whether a RE effort is viable (positive or negative ROI) based on life of the program

· Include a “definitive plan” to break barriers to competition. State specific action(s) and include milestone dates for actions (ex., calendar date; annual; bi-annual; FYXX)

· If no action is planned, state this and provide reason (ex., final buy; program end date is soon)

· Follow-On: Include a paragraph to recap previous J&A’s plan to break barriers to competition and whether the plan was executed. If not carried out, explain what prevented its execution.

Note: If previous plan was not carried out, J&A must be approved at the next higher approval threshold of previous J&A.

· Section XII and XIII:

· Use the standard template language.

Top 10 Quality Issues

1) J&A, MRR, and SASS/AP language is not consistent with describing the requirement (…Engineering Service, Repair or Overhaul, or Spares).

2) J&A, MRR, SASS/AP estimated values are not consistent. Recheck all your costs!

3) Section V: Doesn’t describe what makes a supply or service “highly specialized.”

4) Section V (Duplication of Cost): Doesn’t include the life of the program, estimated cost to purchase technical data, reverse engineer, ROI, etc. Fails to include calculations, basis of estimate, and conclusion (…not economically feasible).

5) And/or Section V (Unacceptable Delay): Doesn’t discuss timeline for the actions, basis for the timeline, and conclusion (….mission impact).

6) Section V and XI: Doesn’t include when you sent inquiry to vendor/OEM asking their interest in selling the technical data (or rights).

7) Section VIII: Market Research – Date in J&A and MRR are not consistent. Does not include all techniques used (including SS/RFI) and conclusion.

8) Section XI: Doesn’t recap technical data, reverse engineering, life of program, and final conclusion.

9) Section XI: Doesn’t include a “definitive plan” to break barriers to competition. Saying, “…we plan to scan the market” is not considered a definitive plan. Or, you state there is no plan, but fail to include the rationale (ex. last buy).

10) Section XI: Doesn’t include discussion of the previous J&A’s plan to break barriers to competition and whether or not the plan was carried out.

Justification and Approval (J&A) for Other Than Full and Open Competition March 2020 Page of International Agreement Competitive Restrictions (IACR) Page of March 2018 NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to all J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

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