Government Contracting - DFARS Part 206 - Competition Requirements - Win Federal Contracts

DFARS - 2021
Defense
Federal Acquisition Regulation
Supplement
Complimentary Webinar Series
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com

DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
About The Series
- Complimentary Webinar Series
- Every Wednesday at 12pm EST
- Recorded and posted on our website and YouTube
Channel
- Speakers are attorneys, consultants, subject matter
experts in defense contracting

The National Veteran Small Business Coalition (NVSBC)
is the largest non-profit trade association in the country representing veteran
and service-disabled veteran-owned small business in the federal
marketplace as prime and subcontractors. NVSBC provides networking,
match-making, coaching, and training opportunities for members.
Please visit: www.nvsbc.org

 Full training calendar: virginiaptac.org & useful links
 Register for free counseling: https://virginiaptac.org/services/counseling/
 Your “one stop” shop for Government Contracting assistance
 Reach us at ptac@gmu.edu or 703-277-7750
This procurement technical assistance center is funded in part through a cooperative agreement with the Defense Logistics Agency.

Judy
Bradt, CEO
The Art Of Human Connection
In The Federal Arena
The right data.
For the right
conversations.
With the right people.
At the right time.
Judy.Bradt@GrowFedBiz.com
• Activate your custom sales plan.
• Meet your Federal Humans sooner.
• Grow your Federal Business.
• JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com

*Register Here*
https://na.eventscloud.com/ereg/newreg.php
?eventid=602896&reference=jsenl&utm_sour
ce=Jennifer%20Schaus%20enewsletter&utm_
medium=newsletter&utm_campaign=WT%20
JSchaus

Title Date Registration Link Partner
GSA Schedule: What’s In It
For You? (Virtual)
February 24, 2021 https://attendee.gotowebin
ar.com/rt/68560953272137
52332
GSA Schedule:
Procurement Training
(Virtual)
March 16, 2021 https://clients.virginiasbdc.o
rg/workshop.aspx?ekey=14
0410024
For You? (Virtual)
May 25, 2021 https://attendee.gotowebin
ar.com/rt/41951342514843
26668
For You? (Virtual)
July 08, 2021 https://attendee.gotowebin
ar.com/rt/19046459221525
46572

About Us
- Professional services for federal contractors
- Market Analysis
- Proposal Writing / Pricing
- Contract Compliance & Administration

Advertise In Our Newsletter:
Reach 23,000+ Subscribers! Includes
Government & Government Contractors
Hello@JenniferSchaus.com

Hot Topics
In Government Contracting
Virtual Conference – Thursday, MAR 04 (8am-11:30am)
AGENDA
Session 1 – CMMC – Where Are We Now?
Session 2 – Strategically Using the SBA’s Mentor-Protege Program
Session 3 – Competitive vs Profitable Pricing – Can You Have It All
Session 4 – NDAA, EO’s & Federal Contracting Opportunities In The
Biden Administration
Session 5 – Back to Business – PPP Eligibility and Forgiveness in 2021

Our 2021 Webinar News
* Use Code “DFARS”
for a $15 Discount!

About Our Speaker
Marc Snyderman
Snyderman Law Group
marc@snydermanlawgroup.com
646-242-3862

DFARS Part #206
Competition Requirements
Wednesday, 10 February 2021

DFARS Part #206
DFARS PART 206: OVERVIEW
• 206.0 Exemption from FAR Part 6
• 206.2 Full and open competition after exclusion of sources
• 206.3 Other than full and open competition

DFARS Part #206
FAR PART 6: COMPETITION and DFARS Part 206
2 overarching theories on competition
• Competition promotes the public interest.
• Competition yields value.

DFARS Part #206
COMPETITION IN CONTRACTING ACT – 1984
- Congress passed CICA to increase the competitive nature of government procurement.
- Promote economy, efficiency and effectiveness by promoting use of full and open
competition to maximum extent possible.
- Not all contracts subject to CICA
- FAR implements CICA

DFARS Part #206
COMPETITION IN CONTRACTING ACT – 1984
Non-
procurement
contracts
e.g, Other Transaction
Authority
Procurement
Contracts
Subject to CICA
Set-aside and sole
source contracts.

DFARS Part #206
COMPETITION POST CICA – THE PENDULUM SWINGS

DFARS Part #206
3 LEVELS OF COMPETITION IN FAR
- FAR 6.1 – Full and Open Competition
- FAR 6.2 – Full and Open Competition After Exclusion of Sources
- FAR 6.3 – Other than Full and Open Competition
AGENCIES MUST ACHIEVE COMPETITION TO THE MAXIMUM EXTENT POSSIBLE WITHIN EACH
LEVEL OF COMPETITION

DFARS Part #206
Exemption from FAR Part 6 – DFARS 206.001
• Contracts issued under 237.104(b)(ii) are exempt
• Personal services of experts and consultants which are authorized by a determination
and finding (D&F) or personal services contracts for health care
• Generally D&F authorizes one contract at a time - FAR 1.7 sets out requirements:
• Duties are temporary or intermittent in nature
• Acquisition of services is advantageous to national defense
• DoD personnel with necessary skills aren’t available
• Excepted appointment can’t be obtained
• Nonpersonal services contract isn’t practicable

DFARS Part #206
EXEMPTION FROM FAR PART 6
• Follow-on production contracts for products developed pursuant to other transactions
authority (OTA) when:
• OTA includes provision for the follow-on production contract
• CO receives sufficient info from agreements officer and project manager for prototype
documenting compliance with 32 CFR 3.9 – generally when a non-federal party to the
OTA invests at least 1/3 of the cost of the prototype the production contract can be sole
–sourced.
• CO establishes quantities and prices for the follow-on production contract that don’t
exceed those in the OTA

DFARS Part #206
Establishing or Maintaining Alternative
Sources (206.202)
• Agencies can totally or partially
exclude a particular source from a
contract action
• The D&F must identify the source to be
excluded and any other pertinent
information supporting: Sample D&F
The exclusion of _____________________*
Alternate 1: will increase or maintain competition for this requirement and is expected to result
in a reduction of $__________ in overall costs for the present and future acquisition of these
supplies or services. (Describe how estimate was derived.)
Alternate 2: is in the interest of national defense because it will result in having a supplier
available for furnishing these supplies or services in case of a national emergency or industrial
mobilization. (Explain circumstances requiring exclusion of source.)
Alternate 3: is in the interest of national defense because it will result in establishment or
maintenance of an essential engineering, research or development capability to be provided by
an educational or other nonprofit institution or a federally funded research and development
center. (Explain circumstances requiring exclusion of source.)
* Identify source being excluded.

DFARS Part #206
Other than Full and Open under DFAR 206.3
• Only 1 responsible source and no other supplies or services will satisfy requirements
(206.302-1)
• Needs to be a tech eval that only 1 source is fully qualified; the proposal offers
significant scientific or technological promise and is original thinking and will benefit
national defense, or
• A civilian DOD appointee determines the award is in national defense interest, or
• Contract is related to improvement of equipment in dev or in production
• Unusual and compelling urgency (206.302-2) such as fire, flood or other disaster, or its
mission critical to performance

DFARS Part #206
Other than Full and Open under DFAR 206.3
• Industrial Mobilization, engineering, developmental or research capability (206.302-3)
• International Agreement (206.302-4)
• Authorized or required by statute (206.302-5)
• Military exchange store purchases outside the US
• Acquire fire protection, airfield ops or community services form local gov’t at military
installations
• Public Interest (206.302-7) – needs a SECDEF authorization

DFARS Part #206
Justifications under 206.303
• No J&A required for 8(a) contract not to exceed $100 mm under NDAA 2020
• If 8(a) over $100 mm or non 8(a) must provide J&A showing there was a sources sought or RFI properly
posted and obtain proper approval of J&A

THANK YOU To Our Speaker
Marc Snyderman
Snyderman Law Group
marc@snydermanlawgroup.com
646-242-3862

Thank You For Attending!
DFARS - 2021
Defense Federal Acquisition Regulation Supplement
Complimentary Webinar Series

Government Contracting - DFARS Part 206 - Competition Requirements - Win Federal Contracts

Recommended

Recommended

More Related Content

More from JSchaus & Associates

More from JSchaus & Associates (20)

Recently uploaded

Recently uploaded (20)

Government Contracting - DFARS Part 206 - Competition Requirements - Win Federal Contracts