Part M806 - Competition Requirements - Office of Acquisition and Logistics (OAL)
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Office of Acquisition and Logistics (OAL)

 

Part M806 - Competition Requirements

« VAAM Part M805 VAAM Table of Contents VAAM Part M808 »
 
Subpart M806.1—Full and Open Competition
Sec.  
M806.101-70 Publication and posting requirements guidance for sole source actions.
Subpart M806.2—Full and Open Competition After Exclusion of Sources
M806.202 Establish or maintaining alternative sources.
Subpart M806.3—Other Than Full and Open Competition
M806.302 Circumstances permitting other than full and open competition.
M806.302-7 Public Interest.
M806.303 Justifications.
M806.303-170 Requirements—additional procedures.
M806.303-2 Content.
M806.303-270 J&A support documentation.
M806.304 Approval of the justification.
M806.304-70 Approval of the justification for repetitive sole source awards to the same SDVOSB/VOSB.
Subpart M806.5—Advocates for Competition
M806.502 Duties and responsibilities.

Attachments:
M806-A Template for Justification and Approval (J&A) – Other Than Full and Open Competition
M806-B J&A Publicizing and Posting Requirements Matrix
M806-C Disclosure Agreement for Non-competitive Requirements


Subpart M806.1 - Full and Open Competition

M806.101-70  Publication and posting requirements guidance for sole source actions.

See Attachment M806-B, Justification and Approval (J&A) Publicizing and Posting Requirements Matrix for guidance on publicizing and posting requirements when conducting sole source awards.

Subpart M806.2 - Full and Open Competition After Exclusion of Sources

M806.202  Establish or maintaining alternative sources.

(a) VA may use the authority in FAR 6.202 to totally or partially exclude a particular source from a contract action.

(b) The determination and findings (D&F) (see FAR subpart 1.7) and documentation supporting the D&F shall identify the source to be excluded from the contract action. Include the following information, as applicable, and any other information that may be pertinent, in the supporting documentation:

(1) The acquisition history of the supplies or services, including sources, prices, quantities, and dates of award.

(2) The circumstances that make it necessary to exclude the particular source from the contract action, including—

(i) The reasons for the lack of or potential loss of alternative sources (e.g., the technical complexity and criticality of the supplies or services); and

(ii) The current annual requirement and projected need for the supplies or services.

(3) Whether the existing source must be totally excluded from the contract action or whether a partial exclusion is sufficient.

(4) The potential effect of exclusion on the excluded source in terms of loss of capability to furnish the supplies or services in the future.

(5) When FAR 6.202(a)(1) is the authority, the basis for—

(i) The determination of the effect on future competition; and

(ii) The determination of the effect on reduced overall costs, including, as a minimum, a discussion of start-up costs, facility costs, duplicative administration costs, economic order quantities, and life cycle cost considerations.

(6) When FAR 6.202(a)(2) is the authority—

(i) The current annual and mobilization requirements for the supplies or services, citing the source of, or the basis for, the data;

(ii) A comparison of current production capacity with that necessary to meet mobilization requirements;

(iii) An analysis of the risks of relying on the present source; and

(iv) A projection of the time required for a new source to acquire the necessary facilities and achieve the production capacity necessary to meet mobilization requirements.

Subpart M806.3 - Other Than Full and Open Competition

M806.302  Circumstances permitting other than full and open competition.

M806.302-7  Public interest.

(c)(1) A written determination to use this authority must be made by the Secretary. This authority may not be delegated. The contracting officer must prepare a D&F in accordance with FAR subpart 1.7 and a justification in accordance with FAR 6.303. The contracting officer must submit the D&F and justification, to include the anticipated contract award date, through the following individuals in order to obtain the signature by the Secretary:

(i) Contracting Activity Advocate for Competition.

(ii) Head of the contracting agency (HCA).

(iii) VA Advocate for Competition.

(iv) Senior Procurement Executive (SPE).

(2) Congressional notification is required 30 days prior to expected contract award. The Agency Advocate for Competition is responsible for preparing the congressional notification and notifying the contracting officer. The contracting officer may not award the contract until notified by the Agency Advocate for Competition.

M806.303  Justifications.

M806.303-170  Requirements—additional procedures.

(a) Justification and Approval (J&A). The J&A must be submitted with any required acquisition plan and other acquisition request documents. The approved J&A must be documented and filed in the electronic contract writing system.

(1) Justifications for acquisitions at or below the simplified acquisition threshold may be in the form of a paragraph or paragraphs contained in the requisition or other acquisition request document. Justifications for acquisitions in excess of the simplified acquisition threshold shall be in the form of a separate, self-contained document, prepared in accordance with FAR 6.303. A template at Attachment M806-A, Template for Justification and Approval (J∧A) for Other Than Full and Open Competition is provided for agency use. This template may be tailored, and HCA specific approved templates are authorized for use.

(2) Justifications for orders to be placed under Federal Supply Schedule (FSS) contracts that limit consideration of contractors shall comply with FAR 8.405-6.

(b) Justifications made under the authority of FAR 6.302-7 shall only be made on an individual basis.

(c) For all contract actions with a total contract value (including all options/optional tasks) over the Simplified Acquisition Threshold (SAT), all VA staff involved in the planning and decision to make award on a non-competitive basis must complete The Department of Veterans Affairs Disclosure Agreement for Non-competitive Requirements form and disclose all personal and/or professional relationship with offeror(s) and/or contractor(s) personnel. A blank copy of the form can be found as Attachment M806-C. The form must be submitted to the contracting officer, who is responsible for ensuring the forms are made part of the official contract file.

M806.303-2  Content.

(b) See Attachment M806-A, Template for a Justification and Approval (J&A) for Other Than Full and Open Competition. The template contains specific certification language that must be included for the review and approval authorities as required by FAR 6.303-2 and in accordance with the internal agency guidance outlined in M806.304 (see Table M806.1).

M806.303-270  J&A support documentation.

(a) The head of the contracting activity (HCA) shall ensure all justification and approval (J&A) packages that exceed $75 million as delineated at M806.304-70, Table M806.1, contain all the required documentation necessary to support the proposed procurement action. All packages shall include the following basic documents:

(1) VA Form 4265, Concurrence and Summary Sheet.

(2) The J&A document being submitted for approval with signed signature page.

(3) Legal sufficiency determination by the cognizant Office of General Counsel (OGC) as required by the FAR, VAAR, or other policy.

(4) Market research (see FAR part 10, VAAR part 10, and VA Market Research Guide for Acquisition Teams).

(5) Acquisition planning documentation as required by FAR part 7, and VAAR part 7.

(6) Signed VA Form 2268, Record of Procurement Request Review, as required.

(7) All supporting documentation required by the FAR, VAAR, the VAAM, or acquisition policy for the action being submitted for review and approval.

(8) Other supporting documentation required by local policy to support the procurement document being submitted for approval.

(b) The HCA shall conduct a comprehensive review of the proposed action to ensure—

(1) Document narratives are consistent and adequately support the contracting officer’s requested course of action;

(2) The contracting officer’s conclusions are sound, logical, and well supported by the facts and supporting documentation;

(3) The package contains all documents required by the FAR, VAAR, VAAM, or other relevant policy;

(4) All required certifications by requirements personnel and all review and approval level coordination, signatures, and approvals have been obtained; and

(5) All packages have been reviewed and coordinated by the Office of Small and Disadvantaged Business Utilization and OGC, when required.

(c) Except in the case of emergency requirements, contracting officers shall ensure documents submitted for executive approval are submitted at least two weeks in advance to allow time for adequate review.

M806.304  Approval of the justification.

(a) Requirements shall not be split to avoid submission of a justification to a higher-level approval authority or to be able to award on a sole source basis under a particular authority or program. For a class justification specified in FAR 6.304(c), the contracting officer must obtain the review, coordination, and approval in writing for all proposed justifications from the same officials as described in Table M806.1.

(b) Sole source approvals will be conducted using the thresholds at FAR 6.304 and approval authorities and additional review and coordination levels as delineated in the following Table M806.1:

Table M806.1
Proposed Contract Amount Including All Options Review/Approval Authority Additional Required Review/Coordination
(1) Not exceeding $750,000 Contracting Officer per FAR 6.304(a)(1) Not applicable
(2) $750,000 but not exceeding $15 Million Designated Contracting Activity Advocate for Competition per FAR 6.304(a)(2). See the list of VA Contracting Activity Advocates for Competition or the Head of the Contracting Activity (HCA) (per FAR 6.304(a)(3)). This authority is not delegable. Office of Small and Disadvantaged Business Utilization (OSDBU) through the VA Form 2268 review process.
(3) $15 Million but not exceeding $75 Million The Head of the Contracting Activity (HCA) or a designee who is a Senior Executive Service (SES) employee per FAR 6.304(a)(3)(ii). Office of Small and Disadvantaged Business Utilization (OSDBU) through the VA Form 2268 review process.

Agency Advocate for Competition
(4) Over $75 Million Senior Procurement Executive (SPE) per FAR 6.304(a)(4). This is not delegable. Not applicable

M806.304-70  Approval of the justification for repetitive sole source awards to the same SDVOSB/VOSB.

Table M806.2 provides the review and approval authority when seeking to award a sole source contract on a repetitive basis concerning the same or similar requirements to the same SDVOSB or VOSB pursuant to VAAR 819.7007 and 819.7008. In accordance with VAAR 819.7007(e) and 819.7008(e), requirements may not be split.

Table M806.2
Review and Approval Requirements for Repetitive Sole Source Awards to the Same SDVOSB/VOSB
Proposed Contract Amount Review/Approval Authority Alternate Review/Coordination
(1) Up to simplified acquisition threshold (SAT) Contracting Officer Not applicable
(2) Above the SAT to $750,000 One level above the Contracting Officer and the Office of Small and Disadvantage Business Utilization (OSDBU) through the VA Form 2268 review process. Not applicable
(3) Over $750,000 but not exceeding $5,000,000 Contracting Activity Advocate for Competition and OSDBU through the VA Form 2268 review process. The Agency Advocate for Competition (see VAAR 806.501).
NOTE: Sole source procurements under the VA Veterans First Contracting Program may not exceed $5,000,000.

Subpart M806.5 - Advocates for Competition

M806.502  Duties and responsibilities.

(b)(2) In accordance with FAR 6.502, each contracting activity advocate for competition (see the list of VA Contracting Activity Advocates for Competition) must submit an Annual Competition Advocate Report (ACAR) to the VA Advocate for Competition (see VAAR 806.501), on or before December 10th of each year (or the next business calendar day). The ACAR will be based upon the requirements in FAR 6.502 and any instructions from the VA Advocate for Competition.

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