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    I cannot find anything in the DoD 5000.02 which states that the synopsis, J&A or negotiations are impacted. It seems to be an interpretation of the writer of this DAG portion, but the verbiage above implies it's in the 5000.02. Please clarify.


    Answer

    1. The FAR references quoted below in pertinent part are applicable to this response.

    FAR 5.406 – Public Disclosure of Justification Documents for Certain Contract Actions
    (a) Justifications and approvals for other than full and open competition must be posted in accordance with 6.305.

    FAR 6.305 -- Availability of the Justification
    (d) The justifications shall be made publicly available—
      (1) At the Government Point of Entry (GPE) www.fedbizopps.gov;

    2. The reference quoted below in pertinent part is also applicable to this response:

    DoD Instruction Number 5000.02 (DoDI 5000.2) dated December 8, 2008
    6. ENGINEERING AND MANUFACTURING DEVELOPMENT (EMD) PHASE.
    c. Phase Description
      (4) Final RFPs for the EMD Phase, or any succeeding acquisition phase, shall not be released, nor shall any action be taken that would commit the program to a particular contracting strategy, until the MDA has approved the Acquisition Strategy.

    3. As stated in DoDI 5002.2 concerning the EMD Phase as quoted above, no action may be taken that would commit the program to a particular contracting strategy until the MDA has approved the acquisition strategy.  However, other than final RFP release, other actions that would commit the program to a particular contracting strategy are not described in DoDI 5002.2. Therefore, the instruction relies on the good judgment of the program acquisition professionals involved to recognize such other actions.

    4. In this regard, synopsis of the final RFP in the GPE, the approval of a J&A justifying Other Than Full and Open Competition (which also must be synopsized in the GPE per FAR 5.406(a) and FAR 6.305(d)), or the conduct of negotiations with industry would all be tantamount to committing the program to a particular contracting strategy. Therefore, pursuant to the general guidance as prescribed in DoDI 5002.2, such actions could not be taken prior to the approval of the program Acquisition Strategy by the MDA.

    5. Additionally, we note that the Background statement does not quote all of the relevant DAG 2.3.1 verbiage in its entirety, which is as follows: “The Acquisition Strategy also addresses resources and business strategy such as small business utilization at the prime and subcontracting level. Because the Acquisition Strategy establishes the breadth of a program's efforts including such essential aspects of a program as the degree of competition, contract type and incentive arrangements, the Acquisition Strategy must be approved by the MDA per DoD Instruction 5000.02 before a final RFP is released, a synopsis is published, a Justification and Approval is approved, or negotiations undertaken.”  When read in context, we believe that the DAG statement is completely consistent with the express intent of the MDA approval requirements as set forth in Section 6.c(4) of DoDI 5002.2, even though this verbiage is not quoted from the instruction.




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