A GUIDE TO WRITING EFFECTIVE JUSTIFICATIONS PIP Level 1 Raymond Jones

OBJECTIVES Address issues with Justifications Discuss why Justifications are important Discuss when Justifications are necessary Discuss what is needed for an approved Justification for Sole Source Simplified Acquisitions (JSSA), Justification for Specific Make and Model (JSMM), and a Justification for other than Full and Open Competition (JOFOC)

DILEMMAS Inadequate Regulatory Guidance No adequate written guidance Causes variation between Contracting Officers (CO’s) Disseminating among the Technical Community FAR Part 13.501(a)(1) Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in Part 6.

DILEMMAS cont’d Inadequate justification of product or service Poor planning Lack of market research No justifying reason to preclude competition

WHY ARE JUSTIFICATIONS IMPORTANT? Needless competition

WHEN JUSTIFICATIONS ARE WARRANTED Replacement Parts Equipment Upgrades/Repairs Proprietary Data (source codes) Urgency Brand Name (compatibility)

What is a Justification for Sole Source Simplified Acquisitions?

Definition Justification for Sole Source Small Purchases– A document that is required for procurements valued from $2,500.01 up to $100,000, for which it has been determined that there is no mandatory or intragovernmental source to meet the requirement and must be purchased from one responsible source.

What Makes A Good Justification for Sole Source Simplified Acquisition?

Sole Source Justification Up to $100K Identify the company and its size Identify the product or service Unique features Estimated cost Use or purpose Specify delivery date if needed Describe Market research

Sole Source Justification Up to $100K cont’d Evaluation Criteria against minimum requirements Include recommendation made to FAR Part 13.106 Signatures Technical Representative (Tech Rep.) Contracting Officer (CO) Supporting Documentation

What is a Justification for Specific Make and Model?

Definition Justification for Specific Make and Model- A justification explaining why the special physical, functional and performance characteristics of a brand name product should be purchased over the other product brands.

What Makes a Good Justification for Specific Make and Model?

Justification For Specific Make and Model Why specific product Compatibility Identify the requirement Other products considered Signature Tech. Rep. CO. Supporting documentation

What is a JOFOC?

Definition JOFOC – A document that contains sufficient facts that will justify why certain requirements over $100,000 should not be treated as full and open competition procurements.

What are JOFOC requirements?

JOFOC Requirements FAR Part 13.501(a)(1)(ii) Prepare sole source justifications using the format at 6.303-2, modified to reflect an acquisition under the authority of the test program for commercial services Be compliant with GSFC Procurement Circular 97-4 (available at: http://gsfc-artemis.gsfc.nasa.gov/210/flalpha.htm)

JOFOC Requirements cont’d. Facts and Rationale Identification of Agency Description of Item or Service Description of supplies or service required Statutory Authority Contractor’s Qualifications

JOFOC Requirements cont’d. Synopsis details Market Research Other Relating facts Potential Sources Actions by agency Signature Varies by dollar value Supporting Documentation

Around NASA Nothing is being done differently except: More centers are using the VPO templates to give to customers.

Recommendation Since there is no real requirements in writing a justification I recommend NASA Consider Formalizing These Requirements (e.g. Procurement Circular) Templates Customers Adhere to Laws and Templates Employees would have more time to focus on work.

Sources Simplified Acquisition Specialists within Code 210.M Small Purchase Acquisition Team (SPAT) Marcus Orr, Kennedy Space Center (Marcus.C.Orr@nasa.gov)

Sources cont’d. Robin Strohacker, Glenn Research Center (Robin.H.Strohacker@nasa.gov) Susan McClain, Langley Research Center (Susan.E.Mcclain@nasa.gov) Marlo Krisberg, Kennedy Space Center (Marlo.F.Krisberg@nasa.gov)

SUMMARY Addressed issues with Justifications Discussed why Justifications are important Discussed when Justifications are necessary Discussed what is needed for an approved Justification for Sole Source Simplified Acquisitions (JSSA), Justification for Specific Make and Model (JSMM), and a Justification for other than Full and Open Competition (JOFOC)

Questions