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    How detailed does this have to be? Does every requirement in a class J&A have to identify a precise quantity and dollar amount? Can the quatities and dollar figures be capped for a pool (rather than individual contracts) and competed amoung the contract holders?


    Answer

    1. The FAR and AFARS references quoted below in pertinent part are applicable to this response. Based on the information provided in this inquiry, we assume that the acquisition in question is being conducted by the Department of the Army. Based on the information provided in the Background statement, we also assume the acquisition approach in question involves the award of multiple award IDIQ contracts on a sole source basis, with subsequent orders being competed among the selected IDIQ contract holders.

    FAR Subpart 1.3 -- Agency Acquisition Regulations
    FAR 1.301 -- Policy
    (a)(2) …, an agency head may issue or authorize the issuance of internal agency guidance at any organizational level (e.g., designations and delegations of authority, assignments of responsibilities, work-flow procedures, and internal reporting requirements).

    FAR 1.302 -- Limitations
    Agency acquisition regulations shall be limited to --
      (a) Those necessary to implement FAR policies and procedures within the agency; and

    FAR Subpart 6.3 -- Other Than Full and Open Competition
    FAR 6.303 -- Justifications
    FAR 6.303-1 -- Requirements
    (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 --
      (1) Justifies, if required in 6.302, the use of such actions in writing;
      (2) Certifies the accuracy and completeness of the justification; and
      (3) Obtains the approval required by 6.304.

    (d) Justifications required by paragraph (a) above may be made on an individual or class basis. Any justification for contracts awarded under the authority of 6.302-7 [Public Interest] shall only be made on an individual basis. Whenever a justification is made and approved on a class basis, the contracting officer must ensure that each contract action taken pursuant to the authority of the class justification and approval is within the scope of the class justification and approval and shall document the contract file for each contract action accordingly.

    AFARS Subpart 5101.1 -- Purpose, Authority, Issuance
    AFARS 5101.101 -- Purpose
    (a) The Army Federal Acquisition Regulation Supplement (AFARS) implements and supplements the Federal Acquisition Regulation (FAR), the Defense FAR Supplement (DFARS) and the DFARS Procedures, Guidance and Information (PGI) to establish uniform policies for Army acquisition.

    AFARS 5101.403 -- Individual deviations
    (1) Only PARCs may approve individual deviations to FAR, DFARS, and AFARS. This authority does not extend to areas set forth in DFARS 201.402(1); to any provisions which limit approval authority to a level higher than a HCA; and to any provisions based upon statute or Executive Order unless such authority provides for waiver.

    AFARS Subpart 5106.3 -- Other Than Full and Open Competition
    AFARS 5106.303-1 -- Requirements
    (c) A justification made on a class basis—
      (ii) 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)
      (iii) Must include only those supply or service components that are, and will clearly remain, sole source for the period covered by the justification.

    2. First, as indicated in FAR 1.301(a)(2) and FAR 1.302(a),the Army may issue or authorize the issuance of internal agency guidance at any organizational level that is necessary to implement FAR policies and procedures within the agency.  As indicated in AFARS 5101.101(a), the AFARS implements and supplements the FAR in order to establish uniform policies for Army acquisition. Consequently, AFARS procedures would govern the proposed J&A approach in this case.

    3. As stated in FAR 6.303-1(d), whenever a justification is made and approved on a class basis, the Contracting Officer must ensure that each contract action taken pursuant to the authority of the class justification and approval is within the scope of the class justification and approval and shall document the contract file for each contract action accordingly. Our review of AFARS 5106.303-1(c) indicates that the Army has chosen to implement this FAR documentation requirement across the agency by mandating that each class J&A document specify the quantity, the dollar amount and the supplies and/or services being acquired separately for each covered contract. Based on the above, we must conclude that the contemplated J&A cannot cap the quantities and dollar figures as a single pool for all of the contracts involved unless a deviation to the requirements set forth in AFARS 5106.303-1(c) is approved by the PARC or higher Army authority pursuant to AFARS 5101.403(1).


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