Part 6 - Competition Requirements

Question 1

What is the scope of FAR Part 6?

Answer 1

(1) Establishes policies and procedures for competition requirements.
(2) Covers full and open competition, competition after exclusion of sources, other than full and open competition, and advocates for competition.

See FAR 6.00

Question 2

What is the declared limitation of FAR Part 6?

Answer 2

No agency shall contract for supplies or services from another agency for the purpose of avoiding the requirements of this part.

See FAR 6.002

Question 3

What are the exemptions to full and open competition under FAR Part 6.0? (Non-applicability)

Answer 3

(SAP) Contracts awarded using simplified acquisition procedures.
* Required by Statute.
* Orders under Requirements contracts or definite-quantity contracts.
* Contract Modifications within the scope of the contract, including priced options evaluated during the original competition.
* Orders placed against Task order and Delivery order contracts entered into pursuant to subpart 16.5
* DFARS 237.104(b)(ii) Personal services contracts for health care.
* DFARS 206.001-70 Exception for follow-on production contracts for prototype projects

See FAR 6.002

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Question 4

What are the permitted exclusions to full and open competition under FAR Part 6.2?

This subpart prescribes policies and procedures for providing for full and open competition after excluding one or more sources.

Answer 4

Agencies may exclude Orders that:
* Establishes or maintains alternative sources.
* Provides set-asides for small business concerns.

Note: No J&A for 8(a) Set Aside under $100MM

See FAR Subpart 6.2

Question 5

What are the 7 types of Competitive Procedures?

Answer 5

1. Sealed Bids
2. Competitive Proposals
3. Combination (two-step sealed bidding)
4. FAR Part 36 A&E
5. DFARS Broad agency announcement for science and technology proposals
6. DFARS Multiple Award Schedules (MAS) program of the General Services Administration (GSA) for commerical products
7. DFARS commercial solutions opening (CSO)

See FAR 6.102

See DFARS 235.016, 206.102, & 206.102-70

Question 6

What are the circumstances permitting other than (exceptions) full and open competition under FAR Part 6.3?

“CICA Exceptions”

Answer 6

• Unusual and compelling urgency.
• one Source contracts.
• Industrial mobilization,
• Essential capability in Engineering or Research
• Expert services for litigation or disputes.
• International agreements.
• Statutory requirements.
• National security.
• Public interest.

See FAR 6.302

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Question 7

Under the DFARS PGI 206.302-2, when can you use Unusual and compelling urgency & who authorizes it?

Answer 7

• Needed at once because of fire, flood, explosion, or other disaster
• Essential equipment or repair needed at once to meet mission needs
• Construction needed at once to preserve a structure or its contents from damage
• Electronic Warfare QRC Priority

Note: Authority is via a J&A requiring SAF/AQ or SAF/SQ approval

See DFARS 206.302-2 & DAFFARS 5306.302-2

Question 8

Sealed bids are acceptable under FAR Part 6 , and a contracting officer shall solicit sealed bids if…

Answer 8

(1) Time permits the solicitation, submission, and evaluation of sealed bids;

(2) The award will be made on the basis of price and other price-related factors;

(3) It is not necessary to conduct discussions with the responding offerors about their bids; and

(4) There is a reasonable expectation of receiving more than one sealed bid.

See FAR 6.401

Question 9

DFARS PGI requires what additonal step for a CO when justifying One Source exception to CICA?

Answer 9

When utilizing the authority at FAR 6.302-1, the contracting officer shall post a request for information (RFI) or a sources sought notice (SSN), and shall include the results of this inquiry in the justification required by FAR 6.303

DFARS PGI 206.302-1

Question 10

Is a J&A required for a CICA exception under International Agreement?

Answer 10

No
J&A not required if the head of the contracting activity prepares a document that describes the terms of an agreement or treaty or the written directions, such as a Letter of Offer and Acceptance.
Note: DAFFARS requires An International Agreement Competitive Restriction (IACR) to be filed with associated Letter of Offer and Acceptance.

See 206.302-4 & DAFFARS 5306.302-4

Question 11

Under the DFARS, who authorizes the use of the Public Interest exception to CICA?

Answer 11

For the defense agencies, the written determination to use this authority must be made by the Secretary of Defense

See DFARS 206.302-7