ACQUISITION REFERENCE GUIDE
AUTHORITIES FOR OTHER THAN FULL AND OPEN COMPETITION
JUSTIFICATIONS AND APPROVALS
FOREIGN MILITARY SALES WAIVER LETTERS
Ref:
FAR 6.302
FAR 13.501
DFARS 206.302
NAPS 5206.303 - NMCAG/NMCARS
NAVSUP Policy Letter 06-10
1.
Approval levels for J&As:
$150,000
$650,001
-
-
$650,000
$12,500,000
$12,500,001 -
$85,500,000
Contracting Officer
Deputy Competition Advocate (DCA)
or the Alternate DCA in the absence of
the DCA
NAVSUPSYSCOM (Head of Contracting
Activity or Flag/SES Delegate)
The J&A is transmitted to SUP 02 under a transmittal letter signed by the Officer in Charge
(OIC).
Over $85,500,000
Navy Senior Procurement Executive
Or ASN(RDA)
The J&A is submitted to ASN through ABM via NAVSUP under a transmittal letter signed by
the OIC.
2.
J&A presentations shall be routed as follows:
Contracting Officer
Group Leader
DCA
Office of Counsel
Contracting Officer (J&As from $150,000 - $650,000)
DCA (J&As from $650,001 - $12,500,000)
Officer in Charge (J&As $12,500,001 or greater)
Code 02PQB2
Contract Negotiator
The presentation should include the J&A cover sheet, See Sample at Forms/Template Library
a brief narrative description of the acquisition, and the J&A. The Contracting Officer or DCA
will coordinate with the Office of Counsel and will approve J&As within their respective
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ACQUISITION REFERENCE GUIDE
approval thresholds only after the J&A has been reviewed by the Office of Counsel for
legal sufficiency. The presentation for J&As greater than $10,000,000 should include a
transmittal letter prepared for the OIC's signature. Code 02PQB2 will transmit the J&A to
COMNAVSUPSYSCOM.
3. Confirmation of Urgent J&As. The written final version of a conditionally approved,
urgent J&A shall be submitted for approval no later than 15 working days after approval of the
urgency. The presentation shall include the original, conditionally approved J&A presentation
provided in the left side of the folder and the final J&A provided in the right side. Routing of
J&A shall be as shown above.
4. J&A Signature Page. Under $500,000 or Over $500,000) See Sample at
Forms/Template Library
5. Competitive solicitation resulting in One Acceptable Offer. See Sample at
Forms/Template Library
When a full and open competitive solicitation results in one acceptable proposal or bid, a
J&A is not required. However, the Contracting Officer shall complete the "one bid" form. The
one bid form shall be presented to the DCA, or in his absence the Alternate DCA, within ten (10)
days after identification of one acceptable offer.
6.
Class J&As. See Sample at Forms/Template Library
Contracting Officers and Deputy Competition Advocate shall not approve "generic" class
J&As which cite unusual and compelling urgency. A "generic" class J&A fails to provide a
detailed listing of supplies or sources to be solicited and covered requirements that would be
received during a specified period of time. However, a class J&A can be written on an urgent
basis that is more specific. For instance, a situation may arise in which a system is required on
an urgent basis, but the system may consist of four separate parts from four separate contractors.
In this instance, a class J&A which cited specific parts and manufacturers could be approved on
the basis of unusual and compelling urgency.
7. Commercial Items andSimplified Acquisition Procedures See Sample at
Forms/Template Library
Sole Source Acquisitions under the Test Program for Commercial Items shall require
J&As in accordance with 6.303-2, modified to reflect an acquisition under the authority of
the test program for commercial items (section 4202 of the Clinger-Cohen Act of 1996).
J&As are required under this subpart only for sole source acquisitions.
a.
b.
$150,000 - $650,000
$650,001 - $6,500,000
Contracting Officer's Signature
Contracting Officer's Signature and
Deputy Competition Advocate's Signature
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ACQUISITION REFERENCE GUIDE
8. Foreign Military Sales See Sample at Forms/Template Library
Justifications and Approvals for International Agreement are not required if the head of
the contracting activity prepares a document describing the terms of an agreement or written
directions, such as a Letter of Offer and Acceptance (LOA) that have the effect of requiring the
use of other than full and open competition. A sample waiver letter and CO Brief Sheet (found
under one file) is located on the I:\drive. The competition advocate must approve the LOA.
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