[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR306.303-1]



[Page 16]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 306_COMPETITION REQUIREMENTS--Table of Contents

 

           Subpart 306.3_Other Than Full and Open Competition

 

Sec. 306.303-1  Requirements.



    (b) Preliminary arrangements or agreements with the proposed 

contractor shall have no effect on the rationale used to support an 

acquisition for other than full and open competition.

    (f) When a program office desires to obtain certain goods or 

services by contract without full and open competition, it shall, at the 

time of forwarding the requisition or request for contract, furnish the 

contracting office a justification explaining why full and open 

competition is not feasible. All justifications shall be initially 

reviewed by the contracting officer.

    (1) Justifications in excess of the simplified acquisition threshold 

shall be in the form of a separate, self-contained document, prepared in 

accordance with FAR 6.303 and 306.303, and called a ``JOFOC'' 

(Justification for Other Than Full and Open Competition). Justifications 

at or below the simplified acquisition threshold may be in the form of a 

paragraph or paragraphs contained in the requisition or request for 

contract.

    (2) Justifications, whether over or under the simplified acquisition 

threshold, shall fully describe what is to be acquired, offer reasons 

which go beyond inconvenience, and explain why it is not feasible to 

obtain competition. The justifications shall be supported by verifiable 

facts rather than mere opinions. Documentation in the justification 

should be sufficient to permit an individual with technical competence 

in the area to follow the rationale.



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