[Reference: FAR 5 and DEAR 905]

Overview

This section discusses publicizing sole source actions as part of the approval of a Justification for Other than Full and Open Competition (JOFOC) using the authority of FAR 6.302-1.

Background

The Competition in Contracting Act (CICA) of 1984 requires that all acquisitions be made using full and open competition. Seven exceptions to using full and open competition are specifically identified in FAR Part 6. One exception permits contracting without full and open competition when the required supplies or services are available from only one responsible source (FAR 6.302-1). This exception is supported by a written JOFOC and the publication of the notice required by FAR 5.201.

FAR 5.201 requires the publication of a notice of a proposed contract action for acquisition of supplies and services, other than those covered by the list of exceptions in FAR 5.202 and the special situations in FAR 5.205, exceeding $25,000.

Notice

When required by FAR 5.201, Contracting Officers will publicize a notice in FedBizOpps stating it is DOE’s intent to award a contract or modification to an existing contract on a sole source basis. The notice should include:

• a statement identifying the sole source authority permitted under FAR 6.302;
• the information required by FAR 5.207(a);
• a complete and accurate description of the supplies or services as required by FAR 5.207(c);
• Numbered Note 22 (www.fbo.gov/Numbered_Notes.html) as required by FAR 5.207(e); and
• a specific statement in accordance with FAR 5.203(c) providing a response time for receipt of bids or proposals for the acquisition of commercial items, if the response time will be less than the 45 days stated in Numbered Note 22.

This notice should be published prior to the preparation of the JOFOC. The responses to the notice and DOE reviews of the responses are to be included in the JOFOC. If no responses are received, this should be noted in the JOFOC. The notice should be in addition to other forms of market research conducted for the requirement. The notice must be current and publicized for the requirement at hand, not for previous or other requirements.