Technical and requirements staff are responsible for providing and certifying as accurate and complete the data necessary to support their recommendation for non-complete and open competitions. The contractor does not certify this information, but will ensure that it is complete to support the final document. 6.303-1 Requirements. (a) A contractor may not enter into negotiations in an exclusive procurement, enter into negotiations on a contract resulting from an unsolicited submission, or award any other procurement without providing for a full and open selection procedure, unless the contractor: (1) provides written justification, if required by Article 6.302, for the application of such measures; (2) certify the accuracy and completeness of the statement of reasons; and (3) obtains the required approval by 6,304. (b) Contractor shall not enter into an exclusive purchase agreement pursuant to authorization 8(a) (15 U.S.C. 637 (a)) for an amount exceeding $25 million, unless: (1) the contractor provides written justification for the use of an exclusive purchasing agreement in accordance with 6.303-2; (2) The explanatory memorandum shall be approved by the competent official at 6.304; and (3) The rationale and related information shall be published after award in accordance with Article 6.305. (c) the technical staff and the staff responsible for the requirements shall be responsible for providing and certifying as accurate and complete the data necessary to support their recommendation for a competition other than full and open competition. (d) The justifications required under subparagraph (a) of this Section may be provided on an individual or class basis. Justification for contracts awarded under 6.302-7 can only be made on an individual basis. Where a justification is made and approved by category, the contractor shall ensure that any contractual measure taken in accordance with the category justification and approval authority falls within the scope of the justification and class approval and documents the contractual acts for each contractual measure accordingly. (e) Justifications for contracts awarded under the authority referred to in article 6.302 (2) may be drafted and approved within a reasonable time after the award of the contract if preparation and approval prior to the award of the contract would unduly delay the acquisition. 6.303-2 Content.
(a) any justification contains sufficient facts and justifications to justify recourse to the specific authority cited; (b) Any justification, other than for self-financing contracts 8 (a) exceeding $25 million (see paragraph (d) of this section), shall include at least the following information: (1) Indication of the Agency and the contractual activity and specific identification of the document as «justification for competition other than complete and open». (2) Nature and/or description of the approved measure. (3) A description of the supplies or services required to meet the needs of the Agency (including the estimated value). (4) An indication of the legal authority authorising competition other than full and open competition. 5. Evidence that the unique qualifications of the proposed contractor or the nature of the acquisition require recourse to this authority. (6) A description of the efforts made to ensure that submissions are solicited from as many potential sources as possible, including whether a notice has been or will be published in accordance with subsection 5.2 and, if not, which exemption under 5.202 applies. (7) The client`s determination that the anticipated costs to government are fair and reasonable.
(8) A description of the market research carried out (see Part 10) and the results or an explanation of why no market research was carried out. (9) All other facts justifying the exploitation of competition other than full and general competition, for example: B: (i) Explanation of why fully and openly competitive technical data sets, specifications, technical descriptions, performance specifications or procurement descriptions have not been developed or are not available. (ii) If Article 6.302-1 is cited for subsequent acquisitions under Article 6.302-1(a)(2)(ii), an estimate of the costs to the Government that would be replicated and how the estimate was calculated. (iii) If 6.302-2 is cited, the data, estimated costs or other reasons for the extent and nature of the harm to the government. (10) A list of sources, if any, that have expressed an interest in the acquisition in writing. (11) A list of the measures the agency may take to eliminate or eliminate any obstacle to competition before the necessary supplies or services are subsequently acquired. (12) The customer certifies that the justification is correct and complete to the best of his knowledge and belief. (c) Any justification shall include evidence that all supporting data for which the technical or required personnel are responsible (e.g. verification of government minimum requirements or timetables or other reasons for competitions other than eventing and open competition) and which form the basis of the justification have been certified complete and accurate by the technical or required personnel. (d) Any justification for a $25 million contract 8 (a) from its own source shall include at least the following information: (1) A description of the needs of the organization concerned for the matters covered by the contract. (2) A clarification of the legal provision providing for the exception to the obligation to use the competition procedure when concluding contracts (see 19.805-1). 3.
Determination that the use of an exclusive supply contract is in the best interests of the organization concerned. (4) A determination that the anticipated cost of the contract is just and reasonable. 5. Any other matter determined by the head of the body concerned for the purposes of this Division. (ii) The procuring entity is not required to comply with the notification requirements of this Section if the exceptions in paragraphs 5.202(a)(1), (a)(4) through (a)(9) or (a)(11) apply, if oral invitations are used, or if procuring entities provide access to a notice of proposed contractual measures and appeals through the GPE and the notice allows the public to respond to the request electronically. (1) For the requirement to publish a notice of substantial consolidation or consolidation of contract requirements, see 7.107-5(c) and (d). This subsection applies to all measures expected to exceed $25,000 that are funded in whole or in part by the Recovery Act. Unlike paragraphs 5.2 and 5.3, this paragraph contains additional requirements for orders and promotions that are not both fixed price and competitive requirements. (b) Application.
This authority may be used for any acquisition if disclosure of government needs would endanger national security (e.g., violates security requirements); They should not be used solely because the acquisition is classified or because access to classified items is necessary to bid or fulfill the order. 5.401 General. (a) A high level of security must be maintained to preserve the integrity of the procurement process; If it is necessary to obtain information from prospective contractors and others outside government for the preparation of government estimates, contractors must ensure that the information is not published or discussed with potential contractors. (b) Contracting entities may make available to the public the highest level of information, except: (1) plans which would unjustifiably or discriminately favour private or personal interests; (2) received in confidence from a seller; (3) in need of protection under the Freedom of Information Act (see subsection 24.2) or the Data Protection Act (see subsection 24.1); or (4) with respect to internal communications of the organization (e.g. technical audits, contracting authorities or other reasons or recommendations in this regard).