Transcript Slide 1

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TIDEWATER GOVERNMENT INDUSTRY COUNCIL
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Synopsis, Competition, and
Sole Source ©
Tidewater Government Industry Council
Training Program
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Overview
Public Synopsis Requirements
Full and Open Competition
Full and Open Competition After Exclusion of Sources
Other Than Full and Open Competition
Justifications
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FAR 5.002 Policy
• Contracting officers must publicize contract actions in
order to—
• (a) Increase competition;
• (b) Broaden industry participation in meeting
Government requirements; and
• (c) Assist small business concerns, veteran-owned small
business concerns, service-disabled veteran-owned
small business concerns, HUBZone small business
concerns, small disadvantaged business concerns, and
women-owned small business concerns in obtaining
contracts and subcontracts
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Publicizing
• As required by the Small Business Act and the Office of Federal
Procurement Policy Act (41 U.S.C.), contracting officers must
disseminate information on proposed contract actions as follows:
• (1) For proposed contract actions expected to exceed $25,000, by
synopsizing in Federal Business Opportunities.
• (2) For proposed contract actions expected to exceed $15,000, but
not expected to exceed $25,000, by displaying in a public place, or
by any appropriate electronic means, an unclassified notice of the
solicitation or a copy of the solicitation… must be posted not later
than the date the solicitation is issued… must remain posted for at
least 10 days or until after quotations have been opened, whichever
is later.
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TIDEWATER GOVERNMENT INDUSTRY COUNCIL
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The Most Common Exceptions
• Unusual and compelling urgency (FAR 6.302-2)
– Consistent with 6.302-2 competition requirements, related
synopsis exception cannot be used in cases of poor
procurement planning.
• Orders under previously competed and awarded Indefinite Delivery,
Indefinite Quantity(IDIQ) contracts
– Synopsis requirements were met at the outset of the process
that resulted in the IDIQ contract(s)
– Orders will be within the scope and ceiling of the IDIQ contract(s)
• Foreign Military Sales (FMS)
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Publicizing and Response Times
• Notice must be published at least 15 days before
issuance of a solicitation
– Benefits competition or allows challenges to proposed
sole source actions
• Agencies shall allow at least a 30-day response time for
receipt of bids or proposals
• In acquisitions of commercial items, the contracting
officer may—
– (1) Establish a shorter period for issuance of the
solicitation; or
– (2) Use the combined synopsis and solicitation
procedure
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TIDEWATER GOVERNMENT INDUSTRY COUNCIL
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Full and Open Competition
• FAR 6.101…with certain limited exceptions,
…contracting officers shall promote and provide
for full and open competition in soliciting offers
and awarding Government contracts.
– Most commonly--• Sealed bidding
• Competitive proposals
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Full and Open Competition After Exclusion of Sources
• FAR 6.202…Agencies may exclude a particular source…in order to
establish or maintain an alternative source or sources…if agency
head determines that to do so would…
– Increase competition and reduce overall costs for the
acquisition…
– Be in the interest of national defense
– Ensure continuous availability of a reliable source
– Satisfy high demand needs
• Technical and requirements personnel…responsible for providing all
necessary data to support their recommendation to exclude a
particular source.
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Full and Open After Exclusion of Sources---Much More Common
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6.203 Set-Asides for small business concerns
6.204 Section 8(a) competition
6.205 Set-asides for HUBZone small business concerns
6.206 Set-asides for service-disabled veteran-owned
small business concerns
• 6.207 Set-asides for economically disadvantaged
women-owned small business (EDWOSB) or womenowned small business (WOSB) concerns
• 6.208 Set-asides for local firms during a major disaster
or emergency
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Other Than Full and Open Competition
• 6.302 …Statutory Authorities
• -1 Only one responsible source and no other supplies or
services will satisfy agency requirements
• -2 Unusual and compelling urgency
• -3 Industrial mobilization; engineering, developmental, or
research capability; or expert services
• -4 International agreement
• -5 Authorized or required by statute
• -6 National security
• -7 Public interest
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Only One Source
• Only one responsible source and no other
supplies or services will satisfy agency
requirements---Common examples
– Unique supplies or services available from
only one source or only one supplier with
unique capabilities (How do you know?)
– Existence of limited rights in data, patent
rights, copyrights, or secret processes
– Utility services
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Urgency
• Unusual and compelling urgency
– Need…is of such an unusual and compelling
urgency…Government would be seriously injured
unless…permitted to limit the number of sources
– Period of performance…may not exceed time
necessary to meet the unusual and compelling
requirements of the work…and for the agency to
enter into another contract…through the use of
competitive procedures…and may not exceed one
year
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TIDEWATER GOVERNMENT INDUSTRY COUNCIL
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Justifications
• A contracting officer shall not commence negotiations for
a sole source contract…unless the contracting officer
justifies the use of such actions in writing, certifies the
accuracy and completeness…and obtains the
approval…
• The justifications for contracts awarded under unusual
and compelling urgency…may be prepared and
approved within a reasonable time after contract award
when…prior to award would unreasonably delay the
acquisitions.
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TIDEWATER GOVERNMENT INDUSTRY COUNCIL
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Content of Justifications
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Identity of agency and contracting activity
Nature of action for approval
Description and estimated value of requirement
Citation of statutory authority permitting other than full and open
Demonstration of proposed contractor’s unique qualifications or
nature of the acquisition requiring use of cited authority
• Efforts to solicit offers from maximum number of potential sources
including public synopsis or absence/authority
• Assurance that contract price will be determined fair and reasonable
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TIDEWATER GOVERNMENT INDUSTRY COUNCIL
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Tidewater Government Industry Council
More Content
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Description of market research conducted or reason for its absence
Why technical information for competition not developed or available
Estimate of duplicated costs and method for sole source follow-ons
Estimated costs or harm to the Government under urgency
Listing of sources who may have expressed interest
Statement of actions to remove barriers to competition from future
acquisitions
• Contracting Officer certification of accuracy and completeness of
justification
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Tidewater Government Industry Council
Availability of the Justification
• Publicly available at FedBizOps
– Within 14 days after sole source contract award
– Within 30 days for awards made under urgency
– All must remain posted for at least 30 days
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TIDEWATER GOVERNMENT INDUSTRY COUNCIL
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Today’s Closing Thought
A merchant who approaches business
with the idea of serving the public has
nothing to fear from competition.
James Cash Penney, Jr.
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