1. Contracting Officer Podcast Slides
Knowledge & Insights From Contracting Officers

2. What is a Justification & Approval (J&A)?
Episode 017
What is a Justification & Approval (J&A)?
Original Air Date: March 9, 2015
Hosts: Kevin Jans & Paul Schauer

3. Formatting notes
Hyperlinks: Blue font indicates hyperlinks – presentation must be in ‘Slide Show’ mode to activate the link
Red bold font indicates a point of emphasis
Green bold font indicates CO’s personal comment or perspective

4. Introduction
Purpose of this podcast: To explain and discuss Justification & Approvals (J&As)
Overview:
What is a J&A?
When and Why is a J&A used?
Who approves a J&A?

5. When does a J&A happen? Acquisition Time Zones Execution Time Zones
(from Podcast Episode 003)
Requirements Zone
Market Research Zone
RFP Zone (proposal zone)
Source Selection Zone
Execution Time Zones
(from Podcast Episode 084)
Kick Off Zone
Performance Zone
Re-compete Zone
Wrap-up Zone

6. What is a Justification & Approval (J&A)?
Primary way that COs award contract without competition
J&As are for “other than Full and Open competition” (aka ‘Sole Source’)
Per FAR 6.301(a): Contracting without providing for full and open (F&O) competition or F&O ‘after exclusion of sources’ is a violation of statute, unless permitted by one of the exceptions in FAR
There are seven “exceptions” to competition in FAR 6.302
CO must cite which one he/she is using (per FAR 6.301(b) )

7. Why Use a J&A? Remember: MOST contracts are competed (about 70% or so)
Competition in Contracting Act (CICA) requires it
FAR 6.1 Full and Open
FAR 6.2 Full and Open “after exclusions” (aka “Set-asides” – SDVOSB, HubZone, WOSB, 8(a), etc.)
Capitalism requires it
For the most part, common sense requires it

8. When To Use a J&A?
One of the seven exceptions apply – by far the most used are:
FAR Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.
Patents, special capabilities. Example: Testing facility above 8,000 ft
FAR Unusual and Compelling Urgency.
9/11, Afghanistan, Hurricane Katrina, Haiti earthquake, ISIS, etc. Example: Limited competition for supplies & equipment; short-term duration because “urgency” is now, not 6 months from now

9. Remaining Exceptions per FAR 6.302
Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services.
International Agreement
Authorized or Required by Statute
National Security.
Public Interest (Agency head determines competition is not in the public interest in the particular acquisition; approval is at Secretary level)
Congress is also notified… Does NOT happen very often!

10. What is in a J&A? Lots of stuff… Expect it to be a 3 – 10 pages
Who? What? Why? (explain authority)
How much $ (with explanation)
Market research completed?
CO’s certification that the J&A is accurate and complete
See FAR for details

11. Who approves a J&A? It depends on the agency
FAR allows CO to approve up to $650,000
Department Supplements (DFARS, AFFARS, etc.) may permit the Chief of the Contracting office to delegate it to the CO, if their warrant allows for it.
In others, the Agency Head must approve over $62.5M
$88.5M is the next threshold
Check the specific agency regulations to be sure

12. Notables
FAR (a) - Agency shall make the justification publicly available within 14 days after contract award.
Cannot be based on lack of planning – FAR 6.301(c)(1)
Cannot be based on expiring funds – FAR 6.301(c)(2)

13. Summary
J&As permit the CO to limit competition, for appropriate situations and circumstances
Must be justified and approved at the proper level
Must be in accordance with FAR and Agency-specific guidelines
May be subject to intense scrutiny and/or political pressure

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