# AFARS PART 5106

- Subpart 5106.3 -- Other Than Full and Open Competition

- 5106.302 -- Circumstances permitting other than full and open competition.

- 5106.302-3 -- Industrial mobilization; engineering, developmental, or research capability; or expert services.

- 5106.303 -- Justifications.

- 5106.303-1 -- Requirements.
- 5106.303-1-90 -- Requirements for amended justifications.
- 5106.303-2 -- Content.
- 5106.303-2-90 – Format and submission of the justification review and justification and approval documents.

- 5106.304 -- Approval of the justification.

- Subpart 5106.5 -- Competition Advocates

- 5106.501 -- Requirement.
- 5106.502 -- Duties and responsibilities.

AFARS -- Part 5106
Competition Requirements

Subpart 5106.3 -- Other Than Full and Open Competition

5106.302 -- Circumstances permitting other than full and open competition.

5106.302-3 -- Industrial mobilization; engineering, developmental, or research capability; or expert services.

(c) Limitations. When using the authority of FAR 6.302-3(a)(2)(ii), the contracting officer must ensure that the technical and requirements personnel’s certifications required by FAR 6.303-1(b) and FAR 6.303-2(b) contain a statement that the proposed effort has been reviewed to assure that it falls within the charter or special capabilities of the proposed institution and establishes or maintains (as appropriate) an essential engineering, research or development capability to be provided by an educational or other non-profit institution or a federally funded research and development center (FFRDC). In addition, when proposing to contract directly with an FFRDC not sponsored by the contracting activity, the contracting officer must ensure that the requirements personnel have included with the procurement request a written confirmation from the sponsoring agency that the proposed effort falls within the purpose, mission and general scope of effort or special competency of the FFRDC. (See FAR 17.504(e).)

5106.303 -- Justifications.

5106.303-1 -- Requirements.

(b) The Head of the Contracting Activity (HCA) must establish appropriate management levels for review and approval of recommendations by technical and requirements personnel. Only full-time employees of the United States Government may sign technical and requirements certifications under this provision. [AFARS Revision #13, dated December 17, 2004]

(c) A justification made on a class basis—

(i) May cover contracts to be awarded in successive fiscal years, provided that the requirements and quantities, as included in the Future Years Defense Plan, and their costs have been specifically identified.

(ii) Must address every contract included in the scope of the class justification in each paragraph in detail (e.g., specific quantity and dollar amounts for each contract; detailed documentation of the circumstances supporting the use of other than full and open competitive procedures for each contracting action)

(iii) Must include only those supply or service components that are, and will clearly remain, sole source for the period covered by the justification.

(d) If a contract exceeding the dollar threshold identified at FAR 6.304(a)(4) is awarded prior to approval of a justification using the authority cited in FAR 6.302-2, the justification must be submitted for approval to the address in 5101.290(b)(3) no later than 7 calendar days after contract award. [AFARS Revision #25, Item III, dated April 1, 2010]

5106.303-1-90 -- Requirements for amended justifications.

(a) The contracting officer must amend the justification and obtain the required approvals when any of the following occur prior to award of the contract --

(1) An increase in the dollar value of the prospective contract beyond the authority of the previous approving official;

(2) A change in the competitive strategy that further reduces competition; or

(3) A change in requirements that affects the basis for the justification.

(b) Prepare all amended justifications as required in 5106.303-2-90(b)(3).

5106.303-2 -- Content.

(S-90) Attach a copy of the approved acquisition plan required in accordance with DFARS 207.103(d) to the justification. [AFARS Revision #21, dated May 22, 2007]

5106.303-2-90 – Format and submission of the justification review and justification and approval documents.

(a) General. The formats for justification review document (AFARS 5153.9004) and justification and approval (J&A) (AFARS 5153.9005) must be used for contracting actions exceeding the dollar threshold identified at FAR 6.304(a)(4).

(1) Cover Transmittal Letter. Every J&A will be submitted with a cover transmittal letter signed by the HCA. The letter should indicate whether there has been any history of protests or Congressional interest. If there is, fully explain the circumstances.

(2) Include the command control number on the upper right hand corner of every page of the J&A. This is to ensure that if the approval page becomes separated from the J&A, the approval can be traced back to the particular J&A to which it applies.

(3) Submit the approval language as the last page of the J&A on plain bond paper (not letterhead) using Arial 12 pitch font. Include the command control number and the appropriate page number. Provide sufficient factual detail in the approval paragraph concerning the contractual action being approved to preclude any confusion regarding prior or subsequent approvals of the program or similar efforts. [AFARS Revision #25, Item IV, dated April 1, 2010].

(4) To assist in the preparation of the justification and approval documents for Headquarters, Department of Army approval, there is a justification and approval checklist at https://www.alt.army.mil/portal/page/portal/oasaalt/documents/ja_checklist.pdf.

[AFARS Revision #13, dated December 17, 2004] [AFARS Revision #21, dated May 22, 2007] [AFARS Revision #22, dated September 12, 2007] [ARARS Revision #23, dated May 16, 2008]

(b) Instructions.

(1) Justification review document. This is the cover page of the justification and approval document. Begin page numbering on this document. Enter the control number in the upper right corner of each page.

(2) Justification and approval document.

(i) Continue page numbering on the first page of the justification, and number each page of the justification and approval document.

(ii) Enter the control number in the upper right corner of each page.

(iii) If a paragraph of the format does not apply to the contracting action, indicate “Not applicable,” and explain why.

(iv) Give special attention to providing a comprehensive statement in paragraph 7, “Actions to Increase Competition.”

(v) Only full-time employees of the United States Government may certify

and sign the (1) Justification Review Document for Other Than Full and

Open Competition, and (2) the Justification and Approval for Other Than

Full and Open Competition. (See 5153.9004 and 5153.9005,

respectively.) [AFARS Revision #13, dated December 17, 2004]

(3) Amended justifications.

(i) When an amended justification is required, prepare a document entitled “Amendment to Justification for Other Than Full and Open Competition,” using the same paragraph designations used in the original justification. Attach a copy of the original justification review, and justification and approval documents. In addition, do the following:

(A) Number amendments sequentially.

(B) Include paragraphs 1, 2 and 3 in full, revised if required. Place a vertical line in the right margin to mark lines containing changes.

(C) Include new certifications by the contracting officer (paragraphs 11 and 12). Include new technical and requirements certifications (paragraphs 13 and 14) only when changes in those areas of responsibility prompted the amendment.

(D) Use paragraph 10 to explain the reason for the amendment and to give any additional information that would help the reader understand the changes made.

(E) Address all remaining paragraph numbers of the justification format either by stating “No change” following the paragraph number or by inserting the entire revised paragraph. If practical, use a vertical line in the right margin to mark revised lines. For major revisions, including the addition of paragraphs that previously did not apply, instead of using a vertical line, use paragraph 10 to identify the paragraph number and summarize the changes; do this following the entry required by (D).

(ii) Determine the approval level for an amended justification by using the new dollar value of the amended justification.

(c) Submission. For contracting actions exceeding the dollar threshold identified at FAR 6.304(a)(4), the justification must be submitted for approval to the address at 5101.290(b)(3). Electronic submission is authorized and is the preferred method. For electronic submission, indicate the lead point of contact and the alternate (name, phone number, e-mail address). Include with the justification, a cover memorandum signed by the HCA or the PARC, the current acquisition plan, and any other related documents. [AFARS Revision #21, dated May 22, 2007]

5106.304 -- Approval of the justification.

(a) If any change (e.g., dollar value, strategy, scope) exceeds the basis for the original justification approval authority, new justification approval must be obtained from the appropriate approval authority prior to award.

(c) Class justifications must be approved in the same manner as individual justifications with the same approval thresholds.

Subpart 5106.5 -- Competition Advocates

5106.501 -- Requirement.

The Assistant Secretary of the Army (Acquisition, Logistics and Technology) (ASA(ALT)) appoints the Army Competition Advocate General. The Deputy Assistant Secretary of the Army for Procurement (SAAL-ZP) is the Army Competition Advocate General (ACAG). The ACAG has delegated to HCAs the authority to appoint the Special Competition Advocates (SCAs) at Army procuring activities and their alternates. This authority shall not be redelegated. Designation of competition advocates at contracting offices subordinate to contracting activities must depend on the nature of the contracting mission of the office, the volume of significant contracting actions, the complexity of acquisition planning and other responsibilities of such local advocates. Competition advocates may be appointed on a part-time basis.

5106.502 -- Duties and responsibilities.

(b) (2) Special competition advocates must report to the Army Competition Advocate General (ref. 5101.290(b) (3)), no later than November 15 of each year, the following information:

(A) The level of competition achieved against their goal for the fiscal year and reasons for not attaining the goal.

(B) Significant actions taken to increase competition or overcome barriers to competition, number of new sources identified as a result of market research, notable savings or performance/quality enhancements resulting from competition, and employees recognized for initiatives to enhance competition.

(C) Mitigating factors affecting goal achievement. (D) A plan for competition in the coming fiscal year.

(E) Any other activities and accomplishments.

(F) Their competition goal for the coming fiscal year.

[AFARS Revision #005, dated September 27, 2002] [AFARS Revision #21, dated May 22, 2007]

(S-90) Special competition advocates should provide supplementary information on items considered significant to the Competition Advocate General at any time during the fiscal year. [AFARS Revision #005, dated September 27, 2002] [AFARS Revision #21, dated May 22, 2007]