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JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION Market Research

Course Objectives. Provide guidance and instruction on how to prepare quality J

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JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION Market Research

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    1. JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION Market Research/ Commerciality Determination Acquisition University Presented by Competition Management Office January 2004

    2. Course Objectives Provide guidance and instruction on how to prepare quality J&As Provide guidance and instruction on how to prepare quality Market Research Report/ Commerciality Determinations (MRR/CD)

    3. Competition Management Our Mission Management of a comprehensive competition program Responsive cost-effective spare parts acquisition program Commercial/Non-developmental Item Program

    4. Public Law 98-369: Competition in Contracting Act (CICA), 1984 Each MSC shall have an Advocate for Competition responsible for challenging barriers and promoting full and open competition while challenging specifications and restrictive need statements. Public Law 103-355: Federal Acquisition Streamlining Act (FASA), 1994 Advocates for Competition …shall promote the acquisition of commercial items …and challenge burdensome contract clauses. Public Law 104-106: Federal Acquisition Reform Act (FARA), 1996 …shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Government’s requirements.

    5. Who We Are Mr. Wade Griffin- Manager - Competition Advocate Ms. Rebecca Pratcher- Alternate Competition Advocate Ms. LaQuandis Baldwin- Clerk Mr. Victor Kerns- Alternate Competition Advocate/ General Engineer Mr. Shelley Muhammad- Logistics Mgmt Specialist Ms. Sharon Blackwell- Procurement Analyst Mr. Ernie Robinson- Procurement Analyst Mr. Russ Hickam- Procurement Analyst Ms. Cathy Richardson- Procurement Analyst Mr. Harold Jones – Procurement Analyst

    6. Justification and Approvals Who’s job is it to promote competition? Have each bullet fade in one at a time. Have each bullet fade in one at a time.

    7. Justification and Approvals (continued) J&A approval levels Have each bullet fade in one at a timeHave each bullet fade in one at a time

    8. Who’s Job Is It to Promote Competition? Competition Management Contracting Officers FAR 6.101 10.U.S.C. 2304 and 41 U.S.C. 253 contracting officers shall promote and provide for full and open competition FAR 6.303-1shall not award any other contract without providing for full and open competition unless Justifies in writing Certifies justification Obtains the required approvals

    9. When Is a J&A Required? Any time you contract without providing for full and open competition based on one of seven exceptions/circumstances

    10. 7 Exceptions to Full & Open Competition 6.302-1 Only one responsible source 6.302-2 Unusual and compelling urgency. 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services. 6.302-4 International agreement. 6.302-5 Authorized or required by statute. 6.302-6 National security. 6.302-7 Public interest.

    11. When Is a J&A Not Required? When you have Full and Open Competition Major bullets fade in one at a time.Major bullets fade in one at a time.

    12. When is a J&A Not Required? Far 6.200 Establishing or maintaining alternative sources Set-asides for small business concerns Section 8(a) competition Set-asides for HUB Zone small business concerns

    13. J&A Format J&A Format and Content http://www.redstone.army.mil/cgi-bin/casl/index.pl SAMPLE FORMAT—See Student Handout

    14. J&A Approval Levels $500,000 < $500,001 - $10,000,000 $10,000,001 -$50,000,000 CO’s certification Competition or the Alternate Principal Assistant Responsible for Contracting (PARC )-Ms. L. Marlene Cruze and AMCOM Deputy Commander- Mr. James L. Flinn III.

    15. J&A Approval Levels (continued) $50,000,000 Justification Review Document (JRD) Approved Acquisition Plan, Transmittal memo signed HCA Forward electronically as Word document attachments to Headquarters, Department of the Army, E-Mail: PSStaff@saalt.army.mil.

    16. What Documents Need to Accompany the J&A ? Technical and Requirements Certification Procurement History Commerciality Determination Have each bullet fade one at a timeHave each bullet fade one at a time

    17. Urgent J&As Urgency exception Clearly demonstrate that the United States Government is or will be injured if immediate contract action is not taken. Injury can be monetary or mission impacting Must be directly related to your immediate requirement. Signed Statement of Urgency or Statement of Impact required

    18. Urgent J&As CMO logistics management specialist Logistics review of asset position Determines the quantity justified as urgent. Have each major bullet fade in one at a time.Have each major bullet fade in one at a time.

    19. When Is an Amended J&A Required? AFARS 5106.303-1-90 An increase in the dollar value beyond the authority of the previous approving official; A change in the competitive strategy A change in requirements The contracting officer shall document any other significant change in the dollar value in the contract file. Prepare amended justifications -6.303-2-90(b)(3).

    20. Class J&As AFARS 5106.303-1 Contracts to be awarded in successive fiscal years The requirements and quantities included in the Future Years Defense Plan (FYDP) Costs have been specifically identified. Must address every contract (action) in detail Must include only those supply or service components that are, and will clearly remain sole source FAR 6.304 Approved in writing IAW agency procedures

    21. J&As - Long-Term Contracts Recent trends J&As for long-term contracts-partnering contracts for 5-10 years Lifecycle J&As for LRIP through Production (14 year) Reasonableness should be exercised

    22. Long-Term J&As – Our Concerns Major changes or program revisions Competition and breakout will not be reviewed. Missed opportunities to expand the vendor base and save money. HQ DA may restrict FYDP 5 years - Nat’l Def Auth Act of 2004

    23. Common Deficiencies Control numbers missing Have each bullet fade in a bold way one at a time.Have each bullet fade in a bold way one at a time.

    24. Market Research & Commerciality Determination Why buy Commercial Items? Have each bullet fade in one at time.Have each bullet fade in one at time.

    25. Why Buy Commercial Items? It is the law Public Law 103-355, 1994 FEDERAL ACQUISITION SREAMLINING ACT Federal Acquisition Regulation (FAR) Implemented fully the commercial item emphasis of the Federal Acquisition Streamlining Act.

    26. When Is a MRR/ CD Required? Market research conducted and documented acquisitions > or =$25,000 MR > 12 months old. Commerciality Determination required for acquisitions: Competitive or noncompetitive Materiel or services

    27. Who Does Market Research? AFARS 5110.002(b): Program managers Requiring activity. Requirements personnel and CO(KO) must work together.

    28. What Is the Purpose of Market Research? FAR 10.000 To arrive at the most suitable approach to acquiring, distributing, and supporting supplies and services. To determine if commercial items or nondevelopmental items are available to meet the Government's needs

    29. MR Results Are Used To… Determine if sources capable of satisfying the agency's requirements exist; Determine the practices of firms engaged in producing, distributing, and supporting commercial items Determine whether bundling is necessary and justified

    30. How Much MR Is Enough? The extent of market research will vary, depends on: Urgency Estimated dollar value Complexity Past experience

    31. MRR/ CD Format/ Instruction The sample format http://www.redstone.army.mil/cgi-bin/casl/index.pl See the Student Handout

    32. MRR/CD for Long-Term Contracts Can be done for long-term contracts Must be current and no more than 12 months old. Annual updates to your MRR/CD must be conducted and processed in order

    33. Commerciality Determination and Certification (CDAC) System Automated system MRR/CD for spares. Review and approval process is paperless Commercial items procured Requirements not forwarded to the CMO A wavier not required

    34. Common MRR/CD Deficiencies Person who conducted the research is not identified in paragraph 6 Have each bullet fade in boldly one at a time.Have each bullet fade in boldly one at a time.

    35. Contact Us Appendix A - a list of CMO POCs by weapon system. If you have a general questions or concerns email the CMO: cmo@redstone.army.mil Walk-ins are still welcomed!

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