Describe the particular uses of the item. State specifically what the … I don't think FASA authorizes sole source, but maybe I missed it. If the acquisition is under FAR Subpart 8.4, the proper title for the justification would be "Limited Sources Justification," because that how it is referred to in 8.405-6. The justification may require the requestor to provide information such as: a description of the unique features that prohibit competition; ", 1. By Perhaps that's authorization by implication. Same scenario above, what do I cite as the authority? I don't know about Clinger-Cohen. Title the word processing document as a Sole Source Justification for the specific purchase order number, if applicable, and list any institutional policy numbers on why a sole source is required for this requisition. When contracts will be awarded under 15 USC 637 (FAR 19.8), sole source awards under the 8(a) Program. Is calling it a JOFOC and citing 6.302-1 necessarily wrong? I do agree with the between the MPT and the SAT, and over the SAT response. "Sole Source Justification" or "Sole Source Justification and Approval" is proper, because that is what it is if you are soliciting and negotiating with only once source and that is how such acquisitions are referred to in FAR 13.106-1(. GOVCO - I agree I misstated the answer to number 3 but I believe further comments you have received while in part are correct and not. See FAR 6.001(a). FAR 13.501 requires that you follow the "format" in 6.303-2, which does not prescribe a title for the document. I also understand Part 6 doesn't apply to Part 13; even though there are numerous things I must do that reference areas of Part 6. I have only seen, and also prepared these justifications over the SAT, and when limiting the competition to a single source. Would the justification then be called a Limited Source Justification? If I am procuring a supply item using the scenario above, then regardless of whether the item is brand name or not, the "justification" shall be identified as a "Justification for other than full and open competition." 2. You really have a Justification and Approval (FAR 13.501(2)). 1. 3 you did not specify if the if the need was under the micropurchase threshold and under the SAT, or over the SAT. I have to disagree with Carl's answer for number 3, based on FAR 8.405-6 (g)(2)(i). If over the SAT then use the term as noted by the V's as it is required. Why would you want to call it a JOFOC or think it would make sense to call it that? 2. I think the best practical solution is to cite 13.501, but to recognize that while it acknowledges the reality of sole source, it does not expressly authorize it. ", Sole Source Acquisition under FAR Subpart 13.5, specific identification of the document as a ?Justification for other than full and open competition, specific identification of the document as a "Justification for other than full and open competition, Contracting Legislation of the Current Congress, http://www.psc.gov/directory/jofoctemplate.pdf. 428a)?" Carl - I did not specify simply because I took it to be implied that the scenario had to at least be over the MPT, as I would not have used Part 8.4 procedures had it been under. If under the SAT you simply need to "document" and from this read of the FAR you can call that document what you want - ref: FAR 8.405-6(f). See FAR 6.303-2(a)(4), which says authority for other than full and open competition, which is not applicable under 13.5. Just curious because I can't say that I have seen a justification in my office for a commercial item with the title "Sole Source Justification" or "Sole Source Justification and Approval." Thanks Vern! Either way, sorry for that. Thanks for confirming my thoughts on question 3. Do I write something similar to "this acquisition is under the authority of the test program as outlined in FAR Subpart 13.5," then include whether it is "section 4202 of the Clinger-Cohen Act of 1996" or the "authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. [Not using the scenario above] What if I procured a brand name supply item under FAR Subpart 8.405-6. Powered by Invision Community, "Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in Part 6. Sorry if anyone works here. 428a). Thank you. I much rather do something right, or fix something that I have done wrong, as early on in my career as possible, then continue down a path of, "well, that's how we have always done it.". Is calling it a JOFOC and citing 6.302-1 necessarily wrong? An appropriate title would be helpful but not required. Suggest you can call it what you want but you might want to consult your agency supplements to the FAR to see if they have provided a term of art for you. In your No. The most frequently invoked justification for adopting a sole source procurement process is the first exception (FAR 6.302-1), i.e. See 13.500(a). Emphasis added. I mean, call it what you want. 1. That's the correct answer to GOVCO's question number 3. There really is no specific and express authority for sole source acquisitions under 13.5. I understand FAR Subpart 13.501(a)(1)(ii) tells me to modify my justification "to reflect an acquisition under the authority of the test program for commercial items ...." However, what is the actual authority I cite? Reference Item #4. Yes use the FAR 13.5 approach for the citation. Regarding your response to my second question, I have only seen in my office justifications called "JOFOCs" that cite as the authority 6.302-1. I know it doesn't explicity call it a title. Most states require a written justification to support the request for sole source procurement. However, there really is no express "authority" for sole source acquisitions under FAR Subpart 13.5, which merely recognizes that they happen and must be justified. Agree with the first two answers. Suppose that is another reason why I didn't specify dollar amount. The title of the memo will not affect its legal sufficiency. I have an aquisition to procure a particular commercial item supply or service. What are you talking about? GOVCO, ...and that is all I needed to know. Yes, calling it a JOFOC is wrong, because you don't have to justify other than full and open competition under the test program, for reasons I have explained. I much rather do something right, or fix something that I have done wrong, as early on in my career as possible, then continue down a path of, "well, that's how we have always done it. The rule clarifies that agencies must use the 8(a) sole source justification specified in FAR 6.303-2 when it is applicable — they may not substitute another justification for other than full and open competition set forth at FAR 6.302, such as unusual and compelling urgency. While it will not be helpful to your specific questions it is noted that FAR 13.5 spins off of FAR 13.106-1( wherein if you are not doing a commercial item procurement you would not need to follow nor cite FAR Part 6 specifically but your determination for a single source procurement uses similar conclusions as if you were doing the procurement under the authorities of FAR Part 6. You cannot use FAR 13.106-1((1) as authority, because that authorizes sole source for acquisitions "not exceeding" the SAT. I have only seen, and also prepared these justifications over the SAT, and when limiting the competition to a single source. I have always titled the document as an LSJ whether above the SAT, or between the MPT and the SAT. Note the instruction at FAR 13.501(a)(1)(ii): As I explained above, acquisitions under the test program are not subject to the requirement for full and open competition, thus you should modify the format to call it Sole Source Justification. Would it be wrong to cite as the authority 41 U.S.C. I understand there is a clear difference between sole source acquisitions and those where I am limiting the competition; and not necessarily to a single source. The test program does not raise the SAT to $6.5 million ($12 million); it authorizes the use of SAP in acquisitions of commercial items in amounts greater than the SAT up to $6.5 million ($12 million). 2. "Identification of the agency and the contracting activity, and specific identification of the document as a ?Limited Source Justification.?" Side note: I did find a sample justification, which was called a JOFOC, that cited a few examples of the authority: http://www.psc.gov/directory/jofoctemplate.pdf. FAR 6.302-2 Urgent and Compelling Sole Sourcing Decisions One of the exceptions to Competition in Contract Act “full and open” requirements is that government contracting agencies make invoke an urgent and compelling situation. Not Sole Source Justification right.... (See FAR Subpart 6.303-2(a)(1)). ... except for FAR 6.302-7, the justification for other than full and open. Through market research, I determine that the supply or service is only available from one source at a estimated cost of approximately $5 million. The authority to be cited is the authority for sole source procurement. ", "(i) 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; and, Prepare sole source (including brand name) justifications using the format at, Regarding your response to my second question, I have only seen in my office justifications called "JOFOCs" that cite as the authority 6.302-1. Nope still a justification and approval. I am not saying one is right and one is wrong, just trying to figure this out. 253( c)(1) - 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements? The requirement to cite authority is one of those things placed in the FAR that has not been thought through by the authors of the regulation. Why would you cite 6.302-1 when you don't need that authority? And thanks everyone for commenting. FAR 13.501 requires that you follow the "format" in 6.303-2, which does not prescribe a title for the document. Part 8 is dealing with FSS. January 21, 2011 in Contract Award Process. Was the only sample I found that included references to my topic. 10 USC 2304 and is implemented in the Federal Acquisition Regulation (FAR) Part 6 (as supplemented by DoD, Air Force, and Air Force Materiel Command). when there is only one responsible source and no other supplies or services satisfy requirements usually defined in the Copyright @ 2020 Wifcon.com LLC In reading Subpart 13.501(a)(1), I understand, to a point, (ii) Prepare sole source (including brand name) justifications using the format at 6.303-2, modified to reflect an acquisition under the authority of the test program for commercial items (section 4202 of the Clinger-Cohen Act of 1996) or the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 3. 3. "Justification and Approval" is inadequate. Don't call it "Justification for Other Than Full and Open Competition," because the requirement for full and open competition does not apply to acquisitions under Subpart 13.5. P.S. And, our office primarily does commercial item acquisitions. 3. Justification and approval for what? But if you worked in my office you would not call it a JOFOC or cite 6.302-1, because if I let you do that it would show that neither one of us knows what we're doing. Vern - Regarding your response to my first question, if I am to follow the "format" in 6.303-2 as I understand it, then how do you explain 6.303-2(a)(1), which says "Identification of the agency and the contracting activity, and specific identification of the document as a ?Justification for other than full and open competition.? The sole source justification and related material must be available to the public under FAR 6.305.
Pantone Brown Palette, Where To Buy Romanesco Broccoli Near Me, Lake Macquarie Nsw Postcode, Clear American Sparkling Water, Orange Cream, Verb To Be Positive, Negative And Questions Exercises Pdf, Please Don't Talk About Me When I'm Gone Leon Redbone, Child Support Letter Sample, Estée Lauder Futurist Hydra Rescue Foundation Swatches, Judge Crossword Clue, Where Do Fireflies Go In The Winter, Chocolate Whipped Cream Frosting, Cory Band History, Blue Label Whiskey, Sous Vide Old Fashioned Oats, Scrub Island Things To Do, Serco Leave Policy, American Food Examples, Morrisville, Nc Zip, Short Inspirational Devotions, Gender Roles In Different Cultures Ppt, How To Make Caramel Sauce For Coffee, Council On Aging Phone Number, Saskatoon To Prince Albert Flights, Ethylene Ir Spectrum, You Have Never Talked To A Mere Mortal, Vegan Chocolate Orange Brownies, Wedding Ceremony Songs 2019, Chen Long Racket, Illinois Child Support Laws 2020, Casual Relationship Meaning, Computer Science Books, Tampa Pro 2020 Ifbb, Margo O Donnell News, Pv Sindhu Medals, Pumpkin Scones Uk, 1 Corinthians 10:13 Amplified, Car Paint Color Simulator, Price Of Jade Per Ounce 2019, How To Make Quinine From Grapefruit Peels, Liquitex Acrylic Paint Review, How To Get Rid Of Anxiety Fast, Kensington Premium Cool-gel Seat Cushion, Apple Meaning In Urdu, Standing Wave Equation Derivation, Parachute Sateen Duvet Cover, Pulsar 135 Modified To R15, Marks And Spencer Staff Holiday Booking, Barclays Bank Uk Plc Leicester Address, Viva Pinata 3 2020, Ocean Spray Juice Drink Diet Cranberry 3 Liter, Bible Verse About Problems And Trials, Best Tea For Bloating And Weight Loss, Pka Of Ethyne, Learning Calculus With Python, Second Hand Platinum, Dutch Oven Substitute Slow Cooker, Healthy Food Near Me, Apple Cider Juice Recipe, Work Breakdown Structure Template Google Sheets, Social Impact Of Sports, Senior Men's Pants, Puff Pastry With Cream Cheese Filling Recipe, Lo Smilzo Quelli Dell'intervallo, Reader Rabbit Spike, Once Upon A Time Gaston Death, Npv Calculator Using Wacc, Conan Exiles Heart Of A Nordheimer, Ionization Energy Example, Germaine Greer 2020, Southern Homemade Biscuits, June Bug Shell, Roblox Deathrun Codes July 2020, Cool Places To Live Around The World, Biochemistry Related Words, Types Of Requirements In Software Engineering, How To Flush Allergens Out Of Your System, Non Financial Benefits Of Strategic Management, German Cockroach Vs American, Ocean Spray Craisins Ingredients, Small Tadpole Like Bugs In Pond, House Of Magnets Coupon, The Queen's Rising Series, Stucco Finish Coat, Reddies River Fishing, Subject Verb Agreement Either/or Neither/nor Worksheets, Chinese Cabbage Recipe Vegetarian, Weber Genesis Ii Lx S-340 Best Price, Disubstituted Benzene Nmr, Belvedere Magnum 6 Litre, Private Funding For Business, Ice Cream Running Dog Shorts, Great British Bake Off Mixer 2019, Ginger Seed Rate Per Acre, Journaling For Mental Health, Good Snacks For Diabetics,