Access to and use of the information of this website is at the user's risk. (4) The determination of exceptional circumstances is in addition to the approval of the justification in 6.304. (1) For a proposed contract not exceeding $750,000, the contracting officers certification required by 6.303-2(b)(12) will serve as approval unless a higher approving level is established in agency procedures. (6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies. Real Property (Real Estate & Buildings) for Public Use, Emergency acquisition basic ordering agreements, Step 1: Learn About Government Contracting, Historic Preservation Policy, Tools & Resources, Transportation (Airfare Rates, POV Rates, etc. The Competition in Contract Act requires that requirements be written in a way that promotes full and open competition. (a) 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-. (d) When not providing for full and open competition, the contracting officer shall solicit offers from as many potential sources as is practicable under the circumstances. 3204(b)(B) or 41 U.S.C. Please try again later. 1705, the head of each executive agency shall designate an advocate for competition for the agency and for each procuring activity of the agency. (v) Continue in production, contractors that are manufacturing critical items, where there would otherwise be a break in production; or. (a) 41 U.S.C.3304 and 10 U.S.C. The justification should state it is covering only the portion of the acquisition which is brand-name or peculiar to one manufacturer, and the approval level requirements will then only apply to that portion; (B) The justification should indicate that the use of such descriptions in the acquisition or portion of an acquisition is essential to the Governments requirements, thereby precluding consideration of a product manufactured by another company; and. (1) Citations: 10 U.S.C. The agencies are not permitted to use sole-source procurements unless the written authorization of the Agency head is obtained and specific statutory or regulatory authority exists for sole source or limited competition. Competition Requirements Flashcards | Quizlet Error, The Per Diem API is not responding. FAR Subpart6.1Full and Open Competition, 41 USC 253 Competition in Contracting Act of 1984, FAR Subpart6.3 Other Than Full and Open Competition, 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, Orders placed against a single-award task order and delivery order contracts entered into pursuant to FAR Subpart 16.5. Except for the circumstances in paragraphs (b) and (c) of this section, the justification shall be made publicly available within 14 days after contract award. 6.206 Set-asides for service-disabled veteran-owned small business concerns. What is the Competition In Contracting Act? Rates are available between 10/1/2020 and 09/30/2023. PDF CICA Override Guidebook June 08 Civilian Agency Acquisition Council (CAAC), Interagency Suspension and Debarment Committee (ISDC). (3) Use of the authority in paragraph (a)(2)(iii) of this subsection may be appropriate when it is necessary to acquire the services of either-. b. Every deviation from the requirement for the full and open competition must be documented in writing and authorized by the appropriate government official. eCFR :: 41 CFR Part 102-73 Subpart B - Competition in Contracting Act This authority may be used for any acquisition when disclosure of the Governments needs would compromise the national security (e.g., would violate security requirements); it shall not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract. (c) In the case of a brand name justification under 6.302-1(c), the justification shall be posted with the solicitation (see 5.102(a)(6)). (3) This statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances. 98-369). (c) Each justification shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Governments minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel. Competition in Contracting Act of 1984 Restrictive Solicitation 6.302-5 Authorized or required by statute. (b) Application. CLC 106 COR with a Mission Focus : r/StupidArmyTests - Reddit surrounded by, the corporate limits of the key city, including independent entities located within The Competition in Contracting Act (CICA) requires that agencies maximize the competition for goods and services and thus requires the use of full and open competition when soliciting offers and awarding government contracts. Check your eligibility for small-business set-asides. CICA became law in 1984 as a foundation for the Federal Acquisition Regulation (FAR). . This subpart prescribes the policy and procedures that are to be used to promote and provide for full and open competition. (2) The Congress shall be notified in writing of such determination not less than 30 days before award of the contract. (See 10 U.S.C. 3204(b)(A) and 41U.S.C. 6.208 Set-asides for local firms during a major disaster or emergency. It is a Integrated States legislation that governs contractors renting approach. (a) To fulfill statutory requirements relating to section 8(a) of the Small Business Act, as amended by Public Law 100-656, contracting officers may limit competition to eligible 8(a) participants (see subpart 19.8). (3) Recommend goals and plans for increasing competition on a fiscal year basis to the agency senior procurement executive and the chief acquisition officer; and. 253 Competition in Contracting Act (CICA) Requires GSA to acquire supplies and services, including leased space, through the use of full and open competitive procedures. These justifications may be made and approved after contract award when preparation and approval prior to award would unreasonably delay the acquisition. The Foreseeability factor encompasses a sophisticated analysis attendant to the expectations of all interested parties at the time of original contract award (the Government; the successful offeror / contractor; unsuccessful offerors; and the universe of potential offerors, known or unknown, who ultimately did not submit proposals or otherwise c. (2) For contracts awarded using this authority, the notices required by 5.201 shall have been published and any bids, proposals, quotations, or capability statements must have been considered. Competition Inbound Contracting Act is a policy established by Congress in 1984 to encourage competitions available local company. H.R.5184 - Competition in Contracting Act of 1984 - Congress.gov Unless the contract action requires synopsis pursuant to 5.101 and an exception under 5.202 is not applicable, consider solicitation of at least three sources to promote competition to the maximum . Competition in Contracting Act (CICA) - AcqNotes (b) Application. Comments There are no comments. A lock (1) Citations: 10 U.S.C. That all government requirements be solicited under full and open competition without exception. (b) No separate justification or determination and findings are required under this part to set aside a contract action for service-disabled veteran-owned small business concerns. A. . Any information, products, services or hyperlinks contained within this website does not constitute any type of endorsement by the DoD, Air Force, Navy or Army. (5)Challenging barriers to full and open competition such as unnecessarily restrictive statements of work, unnecessarily detailed specifications, and unnecessarily burdensome contract clauses. (c) Technical and requirements personnel are responsible for providing and certifying as accurate and complete necessary data to support their recommendation for other than full and open competition. 3204(a)(1) or 41 U.S.C.3304(a)(1). true or false. CLC 222 Module 2 Exam: Contract Pre-Award & Award The Competition in Contracting Act requires that: o Correct: Requirements to be written in a manner that promotes full and open competition in order to obtain maximum competition in obtaining the agency's needs. (3) When the authority in paragraph (a)(1) of this section is cited, the findings shall include a description of the estimated reduction in overall costs and how the estimate was derived. Acquisition Planning and Competition Flashcards | Quizlet Read the latest GSA news, updates and analysis.