JA_Sole_Source_-_RSAF_Bridge_-_Final_(SB_Signed).pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

SOURCE SELECTION SENSITIVE

SOURCE SELECTION SENSITIVE14 Nov 2017

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 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.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Funding level for this acquisition: < $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 366TH Contracting Squadron, Mountain Home AFB ID

Purchase Request / Local ID Number:

Program / Project (and PE, if applicable): Peace Carvin V (PC V) for the RSAF

Program Type (PEO or Other Contracting): FMS

Authority: 6.302-1 – 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): $4.8 Million J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) ) Sign and Save Procedure

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Date

20 Dec 2017

Project Lead / Program Mgr / Requiring Activity

OWEN G. DWIRE, GS-13, DAFC

ACC/IAS - DSN: 574-3262

Signature

X

Date

11 Dec 2017

Contracting Officer

ROBERT B. MILLER, GS-12, DAFC

366 CONS/PKA - DSN: 728-3117

Signature

X

Date

22 Dec 2017

Local Legal Reviewer

JEANHEI D. CHRISTY, GS-13, DAFC

366 FW/JA - DSN: 728-2238

Signature

X

Date

22 Dec 2017

Chief of Contracting Office (COCO) BRIAN E. WILLIAMS, Maj. USAF

366 CONS/CC - DSN: 728 - 3130

Signature

X

Date Small Business Specialist

TONNEY T. KAW-UH, GS-13, DAFC

HQ ACC/SB; DSN: 574-1621

Signature

X

APPROVAL (AFFARS 5306.304(a) )

Date

10 Jan 2018

Competition Advocate AARON D. JUDGE, Lt Col, USAF

AFICA/OL KC - DSN: 574-5372

Signature

SOURCE SELECTION SENSITIVE

SOURCE SELECTION SENSITIVE14 Nov 2017

(See "Specific Guidance for Completing this Template" below.)

I. Contracting Activity.

366th Contracting Squadron, 366 Gunfighter Ave, Mountain Home Air Force Base, Idaho 83648.

II. Nature and/or description of the action being processed.

This procurement is for a 150 day bridge contract (90 day base plus 60 day option) to ensure continued mission operations of flying support services to the Republic of Singapore Air Force (RSAF), 428 Fighter Squadron, and 428 Aircraft Maintenance unit at Mountain Home AFB. The current contract is held by PKL Services, Inc., based out of Powey, CA, at a value of $59M. The period of performance started on 1 Oct 12 and expires 31 Mar 18. The scope of the requirement for the bridge contract will not change. This bridge contract will provide support between the expiration of the existing contract and the beginning of the new re-competed request for proposal (FA4897-17-R-0006). The bridge contract will be a Firm Fixed Price contract.

III. Description of supplies/services required to meet agency needs.

The 428 Fighter Squadron (FS) at Mountain Home AFB, ID, is the USAF squadron executing the PEACE CARVIN V (PC V) cooperation partnership mission with the Republic of Singapore Air Force (RSAF). The squadron trains F-15SG aircrew and ground control intercept officers. It executes initial qualification, mission qualification, conversion, continuation, upgrade, instructor, and weapons instructor aircrew training syllabi. This full-spectrum training requires a highly experienced cadre of instructor aircrew and simulator operators. They must flex between the various syllabus types, be available on an uninterrupted basis, be a source of continuity within the squadron, and graduate capable aircrew within RSAF travel order time line restrictions.

The 428 Aircraft Maintenance Unit (AMU) is the logistics support function for PC V. Contractors embedded within the AMU, as well as the 366 MXG as a whole, serve as a supplement to the logistics pool of maintainers assisting the RSAF with F-15SG fleet maintenance. The contractor provides experienced personnel to train, advise, and assist the RSAF on proper maintenance and ensures compliance with all applicable DoD, USAF, ACC, and 366 FW instructions for F-15SG aircraft assigned to the 366 FW.

The requirement provides training for both operations and maintenance of the RSAF F15-SG aircraft.

IV. Statutory authority permitting other than full and open competition.

10 USC 2304(c)(1), as implemented by FAR 6.302-1, and required by FAR 6.303-2(b)(4)

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

The incumbent, PKL Services Inc. has performed under this contract for the past 9 years. They have a long history of positive past performance, the technical expertise, and the knowledge of current operations to successfully perform the proposed 150 day bridge contract without any interruptions. Additionally, the average transition time to place a new contractor was verified to be 30-45 days plus an additional 14 days minimum for security badging of personnel under ideal conditions. These conditions are not likely to be ideal due to the expiration of the current Letter of Agreement with the Republic of Singapore. There would also be additional cost associated with changing out contractors to include logistics, transportation, and security requirements for the phase-in of new contractor personnel. The daily cost of operations is expected to be $253K. The time-frame for an adequate re-compete is not plausible, therefore it is in the best interest of the Government to pursue this sole source acquisition. Due to the highly specialized services required under this contract, discontinued use would result in substantial duplication of cost to the government that is not expected to be recovered through competition and will result in unacceptable delays in fulfilling the agency's requirements.

SOURCE SELECTION SENSITIVE

SOURCE SELECTION SENSITIVE14 Nov 2017

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

The reacquisition of Republic of Singapore Air Force's operations and maintenance contract is currently being competed in a full and open environment to provide maximum competition under RFP # FA4897-17-R-0006 with a projected May 2018 award. This bridge contract is being pursued to ensure that a higher amount of USAF dollars are being competed.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The requirement is for the same services as previously awarded and will be awarded to the incumbent. The Government will use commercial pricing on labor via Dept of Labor wage determination for applicable positions on the contract, as well as comparison to the IGE, to conduct price analysis in determining whether the price is fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market Research has been recently conducted for the reacquisition of RSAF Maintenance and operations services (RFP # FA4897-17-R-0006). The information provided in that market research report will serve the basis for research for this bridge contract, and will be supplemented by commercial pricing on labor via Dept of Labor wage determination.

Additionally, three Vendors were contacted to discuss the ability to take on this requirement at such a short notice, pricing estimates for the mobilization, and how many days are anticipated to provide a full transition to the new contract. Ms. Aurora Garcia of TrailBoss stated that for a contract of this magnitude would require a 30 day transition time plus an additional 14 days for security badging/clearance. Mr. Robert Ortiz from Innovair was contacted next, He states since Innovair and PKL are a joint venture they would be able to use the personnel already in place from the previous contract. However, the management staff would be changed out and there is a learning curve associated with this change that could potentially create mission degradation if utilized. They stated that mobilization could occur within one week plus an additional 14 days for badging. Lastly Mark Lester of Doss Aviation was contacted, he stated that their transition time would be 45 days which is the industry standard. They also stated that they would be available to mobilize and be fulled functional by 1 Apr 18. Knowing this, in order to award this bridge contract with consideration for the mobilization times, it would need to be completed no later than 15 Feburary. This time-line is not plausible for a competed contract.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

Irreparable harm to the government will result if not awarded to the incumbent as a sole source award. This will be a 150-day bridge contract. The current contract is held by PKL Services, Inc., based out of Powey, CA, at a value of $59M.

PKL Services, Inc. was previously specifically chosen by the RSAF to be the contractor. The period of performance started on 01 Oct 12 and expires 31 Mar 18. The scope of the requirement for the bridge contract will not change.

The larger 4.5-year contract is currently scheduled to be awarded in May of 2018. The government was hindered in its ability to award prior to 31 Mar 18 by a delay in receipt of requirement specifics from Singapore. This bridge contract provides support between the expiration of the existing contract and the beginning of the follow-on contract. In the event that the bridge contract is not awarded as requested, there exists a potential for massive logistical issues in removing RSAF personnel, equipment and aircraft from the country. Those logistical issues have international political implications and create unnecessary expense for USAF and RSAF, both on RSAF's exit from the United States and upon their re-entry after the 4.5-year contract period of performance begins. Further, RSAF military personnel and their families will experience additional delay to re-accomplish their base access clearances, and critical training for an important international partner will suffer mission degradation.

SOURCE SELECTION SENSITIVE

SOURCE SELECTION SENSITIVE14 Nov 2017

X. List of any sources that expressed, in writing, an interest in the acquisition.

A sources sought was conducted as part of the re-competed RSAF contract. There have been at least six sources that have expressed interest for the re-compete. Of the six, four were contacted:

Doss Aviation TrailBoss

PKL

Innovair

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.

There is no way to make an effective transition between the existing contractor to a new contractor for the bridge, then to a potential third contractor for the upcoming 4.5 year contract. The re-competed contract to be awarded will be competed full and open, having undergone a robust market research phase in which multiple potential offerers responded to two Sources Sought Notices posted within a 12-month period. Likewise, at a site visit on 17 Nov 17 after posting of the RFP, representatives of 5 potential offerers attended.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

Remove the Guidance pages below. Remove the IACR pages below.

Page of International Agreement Competitive Restrictions (IACR) Page of 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 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.

Is this a new or amended J&A Document?

Funding level for this acquisition:

J&A Type:

COORDINATION (AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

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APPROVAL (AFFARS 5306.304(a)) NOTE: A signature block will appear here based on the funding level selected above.

(See "Specific Guidance for Completing this Template" below.)

I. Contracting Activity.

II. Nature and/or description of the action being processed.

III. Description of supplies/services required to meet agency needs.

IV. Statutory authority permitting other than full and open competition.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

X. List of any sources that expressed, in writing, an interest in the acquisition.

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.

XII. Certification by the Contracting Officer.

XIII. Certification by the technical/requirements personnel.

Specific Guidance for Completing this Template ( For general guidance, refer to the J&A Preparation Guide. )

I. Contracting Activity.

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action.

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 items (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 USC 2304(c)(?) (see Note 1 below), as implemented by FAR 6.302-? (see Note 2 below), and required by FAR 6.303-2(b)(4).

Note 1: Complete the 10USC 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 SPE 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 disfavored. 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 Synopsis (utilized as part of market research). If a sources sought synopsis was issued, state the date the synopsis was issued and a brief description of its content. If any responses were received, 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 USC 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.

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 explain why market research was not conducted. (FAR 6.303-2(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.

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)).

X. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10))

If a sources sought synopsis was done and all interested sources are included in Section VI, it is acceptable to state, “See Section VI above.”

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 (see FAR 6.304). 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)] 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. Certification by the technical/requirements personnel. (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.

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The following page contains a suggested template for “International Agreement Competitive Restrictions (IACR)”. The authority to prepare an IACR has been delegated from the HCA to the Contracting Officer.

(AFFARS 5306.302-4)

COORDINATION (AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

APPROVAL (AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

IV. Statutory Authority: 10 USC 2304(c)(4) as implemented by FAR 6.302-4, International Agreement.

VI. Certification of Accuracy and Completeness:

As evidenced by his/her signature, the contracting officer has determined the IACR to be both accurate and complete to the best of his/her knowledge and belief. The CO also approves the IACR.

As evidenced by his/her signature, the program/technical/requirements manager(s) have/has determined that any supporting data contained in the IACR, which is his/her responsibility, is both accurate and complete.

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