48 CFR Part 1506 — Competition Requirements

PART 1506—COMPETITION REQUIREMENTS Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c). Source: 50 FR 14357, Apr. 11, 1985, unless otherwise noted. 1506.000 Scope of part. This part implements FAR part 6. It prescribes the Environmental Protection Agency policies and procedures in obtaining full and open competition in the acquisition process. Subpart 1506.2—Full and Open Competition After Exclusion of Sources [Reserved] Subpart 1506.3—Other Than Full and Open Competition 1506.302-5 Authorized or required by statute. (a) Authority. (b) Application. (2) The contracting officer shall give notice to the Agency's Competition Advocate whenever a contract award is made using other than full and open competitition under this authority. The notice shall contain a copy of the contract and the summary of negotiations. [53 FR 31872, Aug. 22, 1988, as amended at 83 FR 46420, Sept. 13, 2018] 1506.303-2 Content. The documentation requirements in this section apply only to acquisitions processed using other than small purchase procedures. (Refer to 1513.170 for documentation for small purchase acquisitions). (a) The initiating office shall prepare a written justification for other than full and open competition (JOFOC) that documents the facts and circumstances substantiating the infeasibility of full and open competition for each recommended limited sources or sole source acquisition when required by FAR 6.302. (b) The recommendation shall be entitled “Justification for Other Than Full and Open Competition” and shall be signed at the programmatic Division Director or comparable office level prior to submission with the procurement request. The JOFOC shall contain the information prescribed in FAR 6.303-2 (a) and (b). (c) If unusual and compelling urgency (see FAR 6.303-2) is a basis for the JOFOC, then the following applies. Explain the circumstances that led to the need for an urgent contractual action. Explain why the requirement could not have been processed in sufficient time to permit full and open competition. It should be noted that the existence of legislation, court order, or Presidential mandate is not, of itself, a sufficient basis for a JOFOC. However, the circumstances necessitating legislation, court order, or Presidential mandate may justify contractual action on an other than full and open competition basis. (d) If the proposed acquisition has been synopsized in accordance with the applicable requirements in FAR subpart 5.2, the Contracting Officer must incorporate the evaluation of responses to the synopsis in the JOFOC. (See 1506.371(d) for contents of the evaluation document). [50 FR 14357, Apr. 11, 1985; 50 FR 15425, Apr. 18, 1985]

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