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  • Question

    Per FAR 7.104(c) "The planner shall coordinate with and secure the concurrence of the contracting officer in all acquisition planning. If the plan proposes using other than full and open competition when awarding a contract, the plan shall also be coordinated with the cognizant competition advocate." Does this apply to 8(a) acquisitions below the SAT? What about above the SAT?


    Answer

    FAR 6.204 states, that to fulfill statutory requirements relating to section 8(a) of the Small Business Act, contracting officers may limit competition to eligible 8(a) contractors and that no separate justification or determination and findings is required under this part to limit competition to eligible 8(a) contractors, unless it is for a sole source 8(a) award over $20M.  If you are above $20M for a sole source 8(a), then most likely your Competition Advocate is a signatory on that J&A.

    FAR 19.805-1 allows you to do a sole source 8(a) for actions under $6.5M for manufacturing NAICS or $4M for all other procurements.  Therefore, you do not need a J&A to do these actions.

    FAR 7.104 talks to Acquisition Planning and does say, when awarding other than full and open competition, the plan shall also be coordinated with the cognizant competition advocate.  The DFARS goes into who the planner is and when a written acquisition plan is required but at the DoD level, it does not get into further detail as to "coordination with competition advocate" for the dollar values you mention ($10,000 or $300,000). Your agency procedures should have a process in place as to what "coordination" means with your Competition Advocate and should have already taken that into consideration in their procedures.  If it is still not clear, you may want to talk with your Competition Advocate to discuss how your office handles these issues.




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