Sign In
  • Question

    Can you do a class action J&A under FAR 13.5 for recurring effort with different vendor for actions at the SAP


    Answer

    FAR 6.303-1(d) allows you to use class J&A for recurring efforts. Note that FAR subpart 13.5 only requires a sole source justification and is not subject to FAR 6.001 -- Applicability: This part applies to all acquisitions except --
    (a) Contracts awarded using the simplified acquisition procedures
    of Part 13 (but see 13.501 for requirements pertaining to sole source acquisitions of commercial items under Subpart 13.5);
     
    There are no restrictions in the HSARs, so you are good to go. While the following, AFARS 5106.303-1(d), does not apply to you (it applies only to Army procurement offices), I recommend the coverage as useful guidance as to how to structure the class J&A:
        
    "A justification approved on a class basis authorizes the award of two or more contract actions using other than full and open competition. Provided that it complies with the requirements below, the justification may encompass identified contract actions for the same or integrally related supplies or services or other contract actions that require essentially identical justification. A justification made on a class basis—
     
    (i) Is not limited to a single contractor;
     
    (ii) May cover contracts for non-permanent requirements to be awarded in successive fiscal years, provided that the requirements and quantities are included in the Future Years Defense Plan, and their costs have been specifically identified;
     
    (iii) Must address every contract included in the scope of the class justification in each paragraph, in detail (e.g., specific quantity and dollar amounts for each contract; detailed documentation of the circumstances supporting the use of other than full and open competitive procedures for each contracting action); and
     
    (iv) Must include only those supply or service components that are, and will clearly remain, sole or limited source for the period covered by the justification."
     
     

    AFARS 5106.303-1(d)

    Open full Question Details