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what are the seven situations where the use of full and open competition after exclusion of sources is authorized

by Ms. Verna Beatty Published 1 year ago Updated 1 year ago

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What is subpart 206.2?

Is there supplemental information for PGI?

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What are the reasons that full and open competition after exclusion of sources may be used?

Full and open competition after exclusion of one or more sources is used when the U.S. Government excludes certain potential sources from consideration for a contract in order to establish or maintain alternative sources (reference 48 CFR 6.202).

Under what circumstances is other than full and open competition authorized?

An Other than Full & Open Competition (Called a Sole Source Procurement) is when the government enters into a contract with a contractor without going through the typical competitive process as required by law because it deems that the contractor is the only source available that can meet the government requirements.

When can a contracting officer use the exception to other than full and open competition?

(2) When the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.

What are the two methods of obtaining full and open competition?

The competitive procedures available for use in fulfilling the requirement for full and open competition are as follows: (a) Sealed bids. (See 6.401(a).) (b) Competitive proposals.

What are the advantages of full and open competition?

Obtaining full and open competition when acquiring goods and services increases the Government's buying power, as competition can drive down costs and potentially heighten performance, innovation and overall value.

What is an open competitive process?

Open competitive process An open approach means the opportunity is advertised openly on GETS (the Government Electronic Tender Service) and any supplier or provider can submit a proposal. Open competitive processes are preferred as they: support innovation. identify new services, solutions, suppliers or providers.

Which statute requires the government to obtain full and open competition and has only a limited number of exceptions to this rule?

(a) 10 U.S.C. 2304 and 41 U.S.C. 3301 require, with certain limited exceptions (see subpart 6.2 and 6.3), that contracting officers shall promote and provide for full and open competition in soliciting offers and awarding Government contracts.

What are the four exceptions that allows minor to make contracts?

The exceptions to this general rule that made the contract is still valid and enforceable are marriage contract, contract of employment and apprenticeship, contract for necessaries, scholarship agreement and contract for insurance.

Under what circumstances is a contracting officer not permitted to cancel an invitation after the opening of bids?

(3) As a general rule, after the opening of bids, an invitation should not be cancelled and resolicited due solely to increased requirements for the items being acquired. Award should be made on the initial invitation for bids and the additional quantity should be treated as a new acquisition.

What is open and effective competition?

Open and effective competition provides suppliers with fair and equitable access to government supply opportunities whilst maintaining the transparency and integrity of government procurement.

What is open and free competition?

Free and open competition means that all suppliers are "playing on a level playing field" and have the same opportunity to compete. Procurement procedures must not unduly restrict competition or eliminate competition.

What are the three levels of competition in government contracting?

There are three possible levels of competition in the acquisition process. (1) Full and Open Competition, FAR Subpart 6.1; (2) Full and Open Competition After Exclusion of Sources, FAR Subpart 6.2; and (3) Other Than Full and Open Competition, FAR Subpart 6.3.

Which statute requires the government to obtain full and open competition and has only a limited number of exceptions to this rule?

(a) 10 U.S.C. 2304 and 41 U.S.C. 3301 require, with certain limited exceptions (see subpart 6.2 and 6.3), that contracting officers shall promote and provide for full and open competition in soliciting offers and awarding Government contracts.

What does fair and open competition mean?

Fair means there must be no bias in the assessment of candidates. Selection processes must be objective, impartial and applied consistently. 6. Open competition means that appointment opportunities must be advertised publicly.

Can use the authority of FAR 6.302 5 authorized or required by statute?

This authority may be used when statutes, such as the following, expressly authorize or require that acquisition be made from a specified source or through another agency: (1) Federal Prison Industries (UNICOR) 18 U.S.C. 4124 (see subpart 8.6).

What are the exceptions to CICA?

There are exceptions to CICA's competitive rules and mandates. The CICA does not apply to: Orders placed under single-award requirement contracts or definite-quantity contracts. Orders placed under single-award indefinite-quantity contracts that were entered into pursuant to the provisions of CICA.

Subpart 6.2 - Full and Open Competition After Exclusion of Sources

(a) To fulfill the statutory requirements relating to 42 U.S.C. 5150, contracting officers may set aside solicitations to allow only offerors residing or doing business primarily in the area affected by such major disaster or emergency to compete (see subpart 26.2). (b) No separate justification or determination and findings is required under this part to set aside a contract action.

Subpart 6.1 - Full and Open Competition | Acquisition.GOV

The competitive procedures available for use in fulfilling the requirement for full and open competition are as follows: (a) Sealed bids. (See 6.401(a).) (b) Competitive proposals. (See 6.401(b).) If sealed bids are not appropriate under paragraph (a) of this section, contracting officers shall request competitive proposals or use the other competitive procedures under paragraph (c) or (d) of ...

Other than Full and Open Competition - AcqNotes

Under certain circumstances, as listed below, the Government may solicit offers from one or more sources and award contracts to those sources without providing for full and open competition to ensure that the Government meets its needs in the most effective, economical, and timely manner possible.

Full and Open Competition Definition | Law Insider

Examples of Full and Open Competition in a sentence. Justifications in excess of the sim- plified acquisition threshold shall be in the form of a separate, self-contained document, prepared in accordance with FAR 6.303 and 306.303, and called a ‘‘JOFOC’’ (Justification for Other Than Full and Open Competition).. Full and Open Competition We found that the USMS sites reviewed failed to ...

SUBPART 215.3 — SOURCE SELECTION - Under Secretary of Defense for ...

SUBPART 215.3--SOURCE SELECTION (Revised August 26, 2022) 215.300 Scope of subpart. 215.303 Responsibilities. 215.304 Evaluation factors and significant subfactors.

What is subpart 206.2?

SUBPART 206.2 -- FULL AND OPEN COMPETITION AFTER EXCLUSION OF SOURCES

Is there supplemental information for PGI?

There is no Supplemental Information available for this PGI.

What is a contract other than full and open competition?

An Other than Full & Open Competition (Called a Sole Source Procurement) is when the government enters into a contract with a contractor without going through the typical competitive process as required by law because it deems that the contractor is the only source available ...

What would result in substantial duplication of cost to the Government that is not expected to be recovered through competition or unacceptable delays?

Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition or unacceptable delays in fulfilling the requirement.

Why is it important to retain the services of an expert or neutral person?

Government deems it important to retain the services of an expert or neutral person for any current or anticipated litigation or dispute.

What is a list of sources?

A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

What is the agency's need?

The agency’s need is for a brand-name commercial item for authorized resale. Disclosure of the Government’s needs would compromise national security. The Secretary of the (Agency) determines that it is not in the public interest in the particular acquisition concerned to provide for full and open competition.

What is unique supply?

Unique supplies or services are available from only one or a limited number of sources. Unusual and compelling urgency (e.g., fire, flood, explosion, disaster), and § Delay in the award of a contract would result in serious injury (financial or other) to the Government unless the competition is limited.

When are justifications for contracts awarded under the authority prepared and approved?

The justifications for contracts awarded under the authority may be prepared and approved within a reasonable time after contract award when preparation and approval prior to award would unreasonably delay the acquisitions

What does "Full and open competition" mean?

FAR 2.101-Full and open competition," when used with respect to a contract action, means that all responsible sources are permitted to compete.

What to do before solicitation?

Before issuing solicitations, make every reasonable effort to find additional small business concerns, unless lists are already excessively long and only some of the concerns on the list will be solicited.

What is the definition of FAR 6.101?

FAR 6.101- (a) 10 U.S.C. 2304 and 41 U.S.C. 3301 require, with certain limited exceptions (see Subpart s 6.2 and 6.3), that contracting officers shall promote and provide for full and open competition in soliciting offers and awarding Government contracts.

What is a GWAC contract?

Governmentwide acquisition contract (GWAC) means a task-order or delivery-order contract for information technology established by one agency for Governmentwide use that is operated —. (1) By an executive agent designated by the Office of Management and Budget pursuant to 40 U.S.C. 11302 (e);or.

What is subpart 206.2?

SUBPART 206.2 -- FULL AND OPEN COMPETITION AFTER EXCLUSION OF SOURCES

Is there supplemental information for PGI?

There is no Supplemental Information available for this PGI.

Other Than Full and Open Competition Exceptions

  • The following are exceptions to the requirement to procure supplies and services via full and open competition: 1. Only One Responsible Source [10 U.S.C. 2304(c)(1), FAR 6.302-1] 1.1. The acquisition will be conducted under a follow-on contract for the continued development/production of a major system or highly specialized equipment (or major comp...
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Sole Source Justifications Requirements

  • A contracting officer shall not commence negotiations for a sole source contract, commence negotiations for a contract resulting from an unsolicited proposal, or award any other contract without providing for full and open competition unless the contracting officer: 1. A contracting officer shall not commence negotiations for a sole source contract, commence negotiations for …
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Sole Source Justification Content

  • Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited. As a minimum, each justification shall include the following information: 1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.” 2. Nature and/or descripti…
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Acqlinks and References

  1. Template: Justification & Approval (J&A) Template – 13 Sept 2017
  2. Website: 10 U.S.C. 2304(c)(1) – Contracts: Competition Requirements
  3. Website: FAR Subpart 6.3 – Other Than Full and Open Competition
  4. Website: DFARS Subpart 206.3 – Other Than Full and Open Competition
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