The justification cites the authority and gives some explanation for the decision. Until the ACFR grants it official status, the XML 2. (a) A contracting officer shall consider a contract award to a SDVOSB concern on a sole source basis (see 6.302-5 (b)(6)), before considering small business set-asides (see 19.203 and subpart 19.5 ) provided none of the exclusions of 19.1404 apply and— 11/12/2020, 373 The Publiservice icon that appears beside the link text means the information is only accessible to federal government department and agency employees. (5) FAR 19.808-1(a), Sole source, was revised to inform the contracting officer that the SBA may not accept for negotiation a sole-source 8(a) contract over $20 million unless the requesting agency has completed a J&A in accordance with the requirements at FAR 6.303. About the Federal Register (3) A determination that the use of a sole-source contract is in the best interest of the agency concerned. In estimating the fair market price for an acquisition other than those covered in paragraph (c) of this section, the contracting officer shall use cost or price analysis and consider commercial prices for similar products and services, available in-house cost estimates, data (including certified cost or pricing data) submitted by the SBA or the 8(a) contractor, and data obtained from any other Government agency. L. 111-84), enacted October 28, 2009. RFQ Sample … A Rule by the Defense Department, the General Services Administration, and the National Aeronautics and Space Administration on 03/16/2011. publication in the future. DoD, GSA, and NASA did not adopt the suggestions raised in the October meetings (1) not to include the fair and reasonable price determination and (2) not to allow agency heads to address any matter, without specific limits (the fifth element set out in section 811). The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only – not those of their respective employers, the ABA, or committee/task force as a whole. Section 811 addresses requirements for the J&A of sole-source contracts over $20 million under the 8(a) small-business development program. These cookies do not store any personal information. Also called sole source. How do you know that there is only one source for this item/service? 2304(c) authorizes, under certain conditions, contracting without providing for full and open competition. (iii) Contracts less than or equal to $20 million awarded under (b)(4) of this subsection. Information on this website may not constitute the most up-to-date legal or other information. (3) The justification and related information are made public after award in accordance with 6.305. a. Redesignating paragraphs (a) and (b) as paragraphs (b) and (c), respectively; c. Revising newly redesignated paragraph (b) introductory text; and. What is “sole source” procurement? GUIDELINES for Substantiating Single Source. Supplier holds a service contract and must supply parts to accomplish a contract. The explanation must have three components: 2. For Procurement Only . This site displays a prototype of a “Web 2.0” version of the daily This repetition of headings to form internal navigation links Phone calls to competitors. 2d at 19 (citing 41 USC 253(f); 48 CFR 6.303-1, FAR 6.303-2, 6.304, 6.305). GUIDELINES for Substantiating Sole Source. Experience with similar projects at other agencies or at other levels of government. The sole source justification and related material must be available to the public under FAR 6.305. Register, and does not replace the official print version or the official This category only includes cookies that ensures basic functionalities and security features of the website. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. No change is proposed to FAR 5.202, Exceptions, or FAR 5.205, Special situations, because the statute did not modify the existing 8(a) synopsis requirements. documents in the last year, by the Fish and Wildlife Service 6. Offerings for 8a Sole Source Contract Justification must be approved by the appropriate official under FAR 6.304. 19.1406 Sole source awards to service-disabled veteran-owned small business concerns. Past experience with a particular issue and this vendor has the historical knowledge or was the original installer. The Competition in Contracting Act makes exceptions for statutory allowances for sole source providers and sole source suppliers under the SBA 8(a) Program. However, like most procurement laws, there are exceptions to the general rule. Official websites use .gov A .gov website belongs to an official government organization in the United States. legal research should verify their results against an official edition of You must justify your selection of subcontractor if your selection process was limited to one subcontractor, or if you chose a subcontractor who did not make the lowest offer. DPAP > Contingency Contracting > Defense Contingency Contracting Handbook. 1707 and FAR 1.501-3(b), DoD, GSA, and NASA will consider public comments received in response to this interim rule in the formation of the final rule. 13 CFR 124.520, SBA Joint Venture Agreements Will Get No Mercy When Violating Three in 2 Rule, Important Points For Employers Bona Fide Occupational Qualification BFOQ Defense and Sex Discrimination in the Workplace. The statute requires execution of a J&A documenting the reasons for making the award on a sole-source basis rather than competing among the small businesses in the 8(a) program. Get a Free Confidential Initial Consultation, © 2020 by Watson & Associates. Government contract law allows federal agencies the opportunity to award sole source contracts, so long as the explanation is reasonable, and does not violate other regulations. corresponding official PDF file on govinfo.gov. 2. documents in the last year, 63 ò This table of contents is a navigational tool, processed from the The explanation must be maintained in the Procurement file. With regard to 8(a) contracts, FAR 19.202-6(b) states that contracting officers shall follow the procedures at FAR 19.807, which reads in pertinent part as follows: As required by the FAR, agencies will continue to use the existing regulations to evaluate prices offered for 8(a) contracts over $20 million. Small businesses involved in government contracting find themselves excluded from opportunities because of FAR source justification federal contracts. documents in the last year, 72 for better understanding how a document is structured but Determination To Issue an Interim Rule, https://www.federalregister.gov/d/2011-5554, MODS: Government Publishing Office metadata, http://www.acq.osd.mil/dpap/dars/section811_docs.html. Amend section 6.304 by removing from paragraph (a)(1) “6.303-2(a)(12)” and adding “6.303-2(b)(12)” in its place. Contracting without providing for full and open competition or full and open competition after exclusion of sources is a violation of statute, unless permitted by one of the exceptions in 6.302. “intent to sole source”) be published. DoD, GSA, and NASA have declined to use the base year amount as the basis for determining the applicability of the J&A requirement. Not in Control of Your SDVOSB Business? It is mandatory to procure user consent prior to running these cookies on your website. documents in the last year, 11 ), (2) Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304, except for—. This website contains links to other third-party websites. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. Therefore, DoD, GSA, and NASA amend 48 CFR parts 6, 15, and 19 as set forth below: Authority: Expedited Contracting Procedures Checklist, J & A Training (Operational CONS Training Team), J & A For Other Than Full and Open Competition (USACE), J & A Guide- AF IG 5306 on Other Than Full and Open Competition, J & A For Other Than Full and Open Competition, Brand Name/ Sole Source Letter to Customer for Justification, Simplified Competition or Non Competitive Memo (Under SAT). Under FAR 19.808-1, 8a sole source contracts cannot be accepted by the SBA for contracts over $20 million unless the contracting agency has met the sole sourcing requirements in FAR 6.303. The contracting officer shall estimate the fair market price of the work to be performed by the 8(a) contractor. Commenters at the meetings and in the written comments also requested that the “over $20 million” threshold for requiring a J&A be applied only to the base year of a contract. FAR 6.302-2 Urgent and Compelling Sole Sourcing Decisions, Federal Sole Source Justification Mistakes Made By Government Contracting Agencies. The Federal Acquisition Regulatory Council (FAR Council) held three Tribal consultation and outreach meetings to discuss rulemaking associated with section 811. Competitive quote but other suppliers could not meet specifications. Not always. (4) Requirement for synopses of proposed procurement actions. ĞÏࡱá > şÿ ` b şÿÿÿ _ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿì¥Á %` ø¿ à9 bjbj"x"x 8R @ @ õ % ÿÿ ÿÿ ÿÿ ¤ À À À À À À À . If you are having trouble reading a document, request an accessible copy of the PDF or Word Document. ò DEFINITION: A Single Source procurement is one in which two or more vendors can supply the commodity, technology and /or perform the services required by an agency, but the department selects one vendor over the others. better and aid in comparing the online edition to the print edition. Section 811 requires a J&A prior to awarding a sole-source contract in an amount over $20 million under the 8(a) program (15 U.S.C. Absent implementation of this interim rule, section 811 will not be implemented in the FAR and agencies will not be compliant with this provision. The various techniques that contracting officers may use to determine that a price is fair and reasonable are described at FAR 15.404-1, Proposal analysis techniques. Click here for instructions on how to enable JavaScript in your browser. A determination that the anticipated cost of a contract will be fair and reasonable is a universal requirement in Federal contracting; including the requirement in the J&A would be sensible, even if it were not specifically required by section 811. Speak to an Attorney & Get a Free Initial Consultation, For help in a bid protest that challenges an agency’s government sole source justification federal government contract awards under the Competition in Contract Act and FAR 6.3021, call Watson’s bid protest lawyers for immediate help. developer tools pages. Amend section 19.808-1 by redesignating paragraphs (a) and (b) as paragraphs (b) and (c), respectively; and adding a new paragraph (a) to read as follows: (a) The SBA may not accept for negotiation a sole-source 8(a) contract that exceeds $20 million unless the requesting agency has completed a justification in accordance with the requirements of 6.303.
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