PART 5306 -   Competition Requirements

Table of Contents

 [2019 Edition]

 SUBPART 5306.2 — FULL AND OPEN COMPETITION AFTER EXCLUSION OF SOURCES

5306.202 Establishing or Maintaining Alternative Sources

 (b)(1) The Life Cycle Sustainment Plan (LCSP)/Acquisition Strategy approval authority is authorized to sign and approve the Determination and Findings (D&F) required by FAR 6.202(b)(1).

SUBPART 5306.3 — OTHER THAN FULL AND OPEN COMPETITION

 See SMC PGI 5306.301

5306.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

(a)(2)(i)(1) See MP5301.601(a)(i).

 (d) See MP5301.601(a)(i).

5306.302-2 Unusual and Compelling Urgency

(c)(1) Contracting officers must notify SAF/AQC and their SCO as soon as practicable when contemplating the use of this authority for a J&A requiring Senior Procurement Executive (SPE) approval.

(d)(1)(ii) The authority to make this determination for the Air Force is the SCO or the J&A approval authority, whichever is higher. This authority may not be further delegated.

 See SMC PGI 5306.302-2.

5306.302-4 International Agreement

 (c) Limitations. The document referred to in DFARS 206.302-4(c) must be titled, International Agreement Competitive Restrictions (IACR). The authority to prepare an IACR is delegated from the HCA to the contracting officer (see MP5301.601(a)(i)).  The contracting officer must include the IACR and a copy of the associated Letter of Offer and Acceptance, once completed, in the contract file.

 See AF PGI 5306.302-4.

5306.303-1 Requirements

 (a) Solicitations for other than full and open competition may be released prior to justification approval, except see FAR 6.305(c) and the asterisked paragraph below the table at 5306.304(a). 

5306.303-1-90 Bridge Actions  

(a)  All contract actions that meet the definition of a bridge action at AFFARS 5302.101 require a written, approved J&A document in accordance with 5306.304(a). All bridge action J&As shall be identified as a bridge action J&A as indicated in the J&A Template. A modification for the extension of services, executed in accordance with FAR clause 52.217-8, Option to Extend Services, is not considered a bridge action unless or until the total six month extension period allowed by the clause is exceeded.

(b)  All signed J&As for bridge actions shall be emailed to the requiring activity s PEO, Flag Officer, or civilian equivalent and the competition advocate. The transmittal document or email must provide the circumstances that led to the need for a bridge action and include a plan to avoid a bridge action going forward.

(c)  A J&A for the consecutive use of a bridge contract action (for reasons other than a protest) for the same program or requirement, shall include authorization by the Senior Procurement Executive (SPE) when the original and subsequent bridge actions total an amount equal to or greater than $10M. The transmittal document or email must provide the circumstances that led to the need for a bridge action and include a plan to avoid a bridge action going forward. SPE approval of repeat bridge actions must be requested by the PEO for acquisition programs or by the MAJCOM Commander or Vice Commander for non-PEO requirements. Contracting officers shall forward a copy of the signed J&A and transmittal document or email to the competition advocate.

 (d) Reporting Requirements: The MAJCOM/DRU/AFRCO/AFSpRCO/SMC competition advocate shall submit quarterly and annual reports on bridge action awards and track progress in decreasing the number of bridge actions awarded each FY. Reports shall be submitted to SAF/AQC within 30 days of the end of each quarter using the Bridge Action Reporting Tool.

5306.303-2 Content

 (a) Contracting Officers may use the Justification and Approval template.

5306.304 Approval of the Justification

(a) 

* For the Air Force, in accordance with FAR 2.101, procuring activity is synonymous with contracting activity.

**J&As for actions exceeding $93M must be coordinated with the DAS(C) or the ADAS(C) and approved by the SPE). The contracting officer must submit justifications requiring approval by the SPE simultaneously to SAF/AQ and to SAF/AQC after coordination by the SCO. Allow 18 days for staffing and SPE approval after receipt by SAF/AQ.  J&A packages submitted to SAF/AQ shall include an electronic Staff Summary Sheet (eSSS) in the body of the email or as an attachment (Word document only). Include the approved acquisition strategy (or a draft acquisition strategy if the strategy document has not been approved) with the J&A package, and list each attachment under Tabs on the eSSS using the exact electronic file name (e.g., ACE Acquisition Strategy) of the corresponding attachment. If a J&A supports an indefinite-delivery type contract, see AFFARS 5316.504(c)(1)(ii)(D) for processing instructions. The SCO may authorize solicitation release after the justification is reviewed for adequacy and forwarded to SAF/AQ and SAF/AQC.  Submit questions or concerns regarding processing a J&A for SPE approval to SAF/AQC.

(4) Changes recommended during the staffing process must be adjudicated by the contracting officer in coordination with SAF/AQC prior to submitting the J&A to the SPE for approval.

(e) Prior to contract award: After a J&A has been approved, but prior to contract award, if the dollar value of the contract is expected to exceed the original J&A approval authority, the contracting officer must submit an amended J&A to the appropriate approving authority for approval. The amended J&A shall identify the dollar increase from the initial, approved J&A.

(f) After contract award: When a proposed contract action is for new work outside the scope of the original contract, the contracting officer must submit a new J&A as a stand-alone document to the appropriate approving authority based on the dollar value of the contract action for the new work. New work should not commence until the new J&A is approved unless authorized in accordance with FAR 6.302-2, Unusual and Compelling Urgency. See 5343.102-90 regarding contract scope considerations.

(g) A new J&A is not required for:

(1) a decrease in the dollar value or scope of the effort; or

(2) an increase in the estimated dollar value of in-scope work, except as described in (e) above.

See AFMC PGI 5306.304.

 See SMC PGI 5306.304.

 SUBPART 5306.5 — COMPETITION ADVOCATES

5306.501 Requirement

(a) The DAS(C) is the designated Air Force Competition Advocate General. AFTC is the competition advocate for AFOTEC. The following organizations are designated as Air Force procuring/contracting activities:

Air Combat Command (ACC)

Air Education and Training Command (AETC)

Air Force Global Strike Command (AFGSC)

Air Mobility Command (AMC)

Air Force Materiel Command (AFMC)

Air Force Space Command (AFSPC)

Pacific Air Forces (PACAF)

United States Air Forces in Europe (USAFE)

Air Force District of Washington (AFDW)

Air Force Reserve Command (AFRC)

Air Force Special Operations Command (AFSOC)

USAF Academy (USAFA)

Air Force Operational Test and Evaluation Center (AFOTEC)

Space and Missile Systems Center (SMC)

Air Force Rapid Capabilities Office (AFRCO)

Space Rapid Capabilities Officer (SpRCO)

(b) These organizations are authorized to further designate subordinate organizations as procuring activities subject to the requirements of FAR 6.501 and MP5306.502, Air Force Competition and Commercial Advocacy Program.

 See AFMC PGI 5306.501.

5306.502 Duties and Responsibilities

See MP5306.502, Air Force Competition and Commercial Advocacy Program.

See SMC PGI 5306.502.

See USAFA PGI 5306.502.