PART 2806
COMPETITION REQUIREMENTS
SUBPART 2806.3 - OTHER THAN FULL AND OPEN COMPETITION
2806.302 Circumstances permitting other than full and open competition.
2806.302-7 Public interest
2806.302-70 Determination and findings.
2806.303 Justifications.
2806.303-1 Requirements.
2806.303-2 Content.
2806.304 Approval of the justification.
SUBPART 2806.5 - COMPETITION ADVOCATES
2806.501 Requirement.
2806.502 Duties and responsibilities.
Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 28 CFR 0.76(j).
PART 2806
COMPETITION REQUIREMENTS
2806.302 Circumstances permitting other than full and open competition.
2806.302-70 Determination and findings.
(a) Procedure. The determination and findings (D&F) required by FAR 6.302-7(c)(1) shall be prepared in the format provided in paragraph (b) of this subsection. The original D&F and documentation supporting the use of this exception to the requirement for full and open competition shall be submitted to PPRG, JMD, for concurrence and coordination to the Attorney General for signature.
(b) Format. The following format shall be used for the D&F:
Department of Justice
Washington, DC 20530
Determination and Findings
Authority To Use Other Than Full and Open Competition
Upon the basis of the following findings and determination, which I hereby make pursuant to the authority of 41 U.S.C. 253(c)(7), as implemented by FAR 6.302-7, it is in the public interest to provide for other than full and open competition in the contract action described below.
Findings
1. The (1) proposes to enter into a contract for the acquisition of (2).
2. Use of the authority cited above is necessary and in the public interest for the following reasons: (3)
Determination
For the reasons described above, it is necessary and in the public interest to use other than full and open competition in the proposed acquisition.
Signature_____________________ Date ______________
Notes:
(1) Name of contracting activity.
(2) Brief description of supplies or services.
(3) Explain the need for use of the authority.
Pursuant to FAR 6.303-1(d), a copy of the justification shall be forwarded through the Department's Competition Advocate to the Department's point of contact with the Office of the United States Trade Representative.
In addition to the information required by FAR 6.303-2, justifications requiring the approval of the PE shall contain the following documents:
(a) A written Acquisition Plan as required by FAR 7.102 and part 2807 of this chapter. If a plan was not prepared, explain why planning was not feasible or accomplished.
(b) A copy of the CBD announcement or proposed announcement in accordance with the requirements of FAR 5.203.
(c) As part of the description of the supplies or services required in FAR 6.303-2, the justification shall include the statement of need as submitted by the requiring activity and any subsequent changes or revisions to the specifications.
(d) Any additional documentation that may be unique to the proposed procurement and is relevant to the justification.
2806.304 Approval of the justification.
(a) All justifications for contract actions over the contracting officer's approval dollar threshold shall be submitted to the BPC for concurrence before being forwarded to the contracting activity competition advocate for approval. Justifications requiring approval by the PE shall be further submitted for the concurrence of the contracting activity competition advocate and the HCA, or designee, before being forwarded to the PE for approval.
(b) After approval by the PE, the signed original will be returned to the contracting activity and one copy will be retained by the PPRG, JMD.
(c) Pursuant to FAR 6.304(c), a class justification for other than full and open competition shall be approved in accordance with bureau procedures.
In accordance with FAR 6.501:
(a) The Assistant Director, Procurement Policy and Review Group, Management and Planning Staff, Justice Management Division, has been designated as the Competition Advocate for the Department of Justice.
(b) The agency head will appoint, in each bureau, an official to be the contracting activity competition advocate. The contracting activity competition advocates shall be vested with the overall responsibility for competition activities within their contracting activity. No individual in the contracting office at or below the level of chief of the contracting office may serve as the contracting activity competition advocate. An individual at any level above the BPC may serve as contracting activity competition advocate.
2806.502 Duties and responsibilities.
In addition to the duties and responsibilities set forth in FAR 6.502(b) and elsewhere in this chapter, contracting activity competition advocates shall:
(a) Actively enforce the Department's Competition Advocacy Program within the contracting activity and ensure that systems are established for the effective internal control of contracting activity functions and activities which implement the Department's Competition Advocacy Program.
(b) Implement specific goals and objectives to enhance competition and the acquisition of commercial items.
(c) Prepare and submit to the DOJ Competition Advocate, by November 30 of each year, an annual report of competition advocacy activities conducted during the prior fiscal year.
