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A GUIDE TO WRITING A GUIDE TO WRITING EFFECTIVE JUSTIFICATIONSEFFECTIVE JUSTIFICATIONS

PIP Level 1PIP Level 1

Raymond JonesRaymond Jones

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OBJECTIVESOBJECTIVES Address issues with JustificationsAddress issues with Justifications Discuss why Justifications are importantDiscuss why Justifications are important Discuss when Justifications are necessaryDiscuss when Justifications are necessary Discuss what is needed for an approved Justification Discuss what is needed for an approved Justification

for Sole Source Simplified Acquisitions (JSSA), for Sole Source Simplified Acquisitions (JSSA), Justification for Specific Make and Model (JSMM), Justification for Specific Make and Model (JSMM), and a Justification for other than Full and Open and a Justification for other than Full and Open Competition (JOFOC)Competition (JOFOC)

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DILEMMASDILEMMAS Inadequate Regulatory GuidanceInadequate Regulatory Guidance

- No adequate written guidance No adequate written guidance - Causes variation between Contracting Officers (CO’s)Causes variation between Contracting Officers (CO’s)- Disseminating among the Technical CommunityDisseminating among the Technical Community

FAR Part 13.501(a)(1) Acquisitions conducted under FAR Part 13.501(a)(1) Acquisitions conducted under simplified acquisition procedures are exempt from the simplified acquisition procedures are exempt from the requirements in Part 6.requirements in Part 6.

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DILEMMAS cont’dDILEMMAS cont’d

Inadequate justification of product or serviceInadequate justification of product or servicePoor planning Poor planning Lack of market researchLack of market researchNo justifying reason to preclude competitionNo justifying reason to preclude competition

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WHY ARE JUSTIFICATIONS IMPORTANT?WHY ARE JUSTIFICATIONS IMPORTANT?

Needless competitionNeedless competition

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WHEN JUSTIFICATIONS ARE WHEN JUSTIFICATIONS ARE WARRANTEDWARRANTED

Replacement PartsReplacement PartsEquipment Upgrades/RepairsEquipment Upgrades/RepairsProprietary Data (source codes)Proprietary Data (source codes)UrgencyUrgencyBrand Name (compatibility)Brand Name (compatibility)

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What is a Justification for Sole Source What is a Justification for Sole Source Simplified Acquisitions?Simplified Acquisitions?

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DefinitionDefinition

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

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What Makes A Good What Makes A Good Justification for Justification for Sole Source Simplified AcquisitionSole Source Simplified Acquisition??

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Sole Source Justification Up to Sole Source Justification Up to $100K $100K

Identify the company and its sizeIdentify the company and its size Identify the product or serviceIdentify the product or service

- Unique featuresUnique features- Estimated costEstimated cost- Use or purposeUse or purpose- Specify delivery date if neededSpecify delivery date if needed

Describe Market researchDescribe Market research

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Sole Source Justification Up to Sole Source Justification Up to $100K cont’d$100K cont’d

Evaluation Criteria against minimum Evaluation Criteria against minimum requirementsrequirements

Include recommendation made to FAR Include recommendation made to FAR Part 13.106Part 13.106

Signatures Signatures - Technical Representative (Tech Rep.)Technical Representative (Tech Rep.)- Contracting Officer (CO)Contracting Officer (CO)

Supporting DocumentationSupporting Documentation

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What is a Justification for Specific What is a Justification for Specific Make and Model?Make and Model?

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DefinitionDefinition Justification for Specific Make and Model-Justification for Specific Make and Model-

A justification explaining why the specialA justification explaining why the special

physical, functional and performancephysical, functional and performance

characteristics of a brand name productcharacteristics of a brand name product

should be purchased over the other productshould be purchased over the other product

brands. brands.

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What Makes a Good Justification What Makes a Good Justification for Specific Make and Model?for Specific Make and Model?

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Justification For Specific Make and ModelJustification For Specific Make and Model

Why specific productWhy specific product- CompatibilityCompatibility

Identify the requirementIdentify the requirementOther products consideredOther products consideredSignature Signature

- Tech. Rep.Tech. Rep.- CO.CO.

Supporting documentationSupporting documentation

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What is a JOFOC?What is a JOFOC?

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DefinitionDefinition

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

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What are JOFOC requirements?What are JOFOC requirements?

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JOFOC RequirementsJOFOC Requirements

FAR Part 13.501(a)(1)(ii) Prepare sole source FAR Part 13.501(a)(1)(ii) Prepare sole source justifications using the format at 6.303-2, justifications using the format at 6.303-2, modified to reflect an acquisition under the modified to reflect an acquisition under the authority of the test program for commercial authority of the test program for commercial services services

Be compliant with GSFC Procurement Be compliant with GSFC Procurement Circular 97-4 (available at: http://gsfc-Circular 97-4 (available at: http://gsfc-artemis.gsfc.nasa.gov/210/flalpha.htm)artemis.gsfc.nasa.gov/210/flalpha.htm)

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JOFOC Requirements cont’d. JOFOC Requirements cont’d.

Facts and RationaleFacts and Rationale Identification of AgencyIdentification of AgencyDescription of Item or ServiceDescription of Item or ServiceDescription of supplies or service requiredDescription of supplies or service requiredStatutory AuthorityStatutory AuthorityContractor’s QualificationsContractor’s Qualifications

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JOFOC Requirements cont’d. JOFOC Requirements cont’d. Synopsis details Synopsis details Market ResearchMarket ResearchOther Relating factsOther Relating factsPotential SourcesPotential SourcesActions by agencyActions by agencySignatureSignature

Varies by dollar valueVaries by dollar valueSupporting DocumentationSupporting Documentation

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Around NASAAround NASA

Nothing is being done differently except:Nothing is being done differently except:- More centers are using the VPO templates to More centers are using the VPO templates to

give to customers.give to customers.

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RecommendationRecommendation

Since there is no real requirements in Since there is no real requirements in writing a justification I recommendwriting a justification I recommendNASA Consider Formalizing These NASA Consider Formalizing These

Requirements (e.g. Procurement Circular)Requirements (e.g. Procurement Circular)Templates Templates

- Customers Adhere to Laws and TemplatesCustomers Adhere to Laws and Templates- Employees would have more time to focus on work.Employees would have more time to focus on work.

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SourcesSources

Simplified Acquisition Specialists within Simplified Acquisition Specialists within Code 210.MCode 210.M

Small Purchase Acquisition Team (SPAT)Small Purchase Acquisition Team (SPAT) Marcus Orr, Kennedy Space Center (Marcus Orr, Kennedy Space Center (

Marcus.C.Orr@nasa.govMarcus.C.Orr@nasa.gov))

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Sources cont’d. Sources cont’d.

Robin Strohacker, Glenn Research Robin Strohacker, Glenn Research Center (Center (Robin.H.Strohacker@nasa.govRobin.H.Strohacker@nasa.gov))

Susan McClain, Langley Research Susan McClain, Langley Research Center (Center (Susan.E.Mcclain@nasa.govSusan.E.Mcclain@nasa.gov))

Marlo Krisberg, Kennedy Space CenterMarlo Krisberg, Kennedy Space Center

((Marlo.F.Krisberg@nasa.govMarlo.F.Krisberg@nasa.gov))

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SUMMARYSUMMARY Addressed issues with JustificationsAddressed issues with Justifications Discussed why Justifications are importantDiscussed why Justifications are important Discussed when Justifications are necessaryDiscussed when Justifications are necessary Discussed what is needed for an approved Discussed what is needed for an approved

Justification for Sole Source Simplified Acquisitions Justification for Sole Source Simplified Acquisitions (JSSA), Justification for Specific Make and Model (JSSA), Justification for Specific Make and Model (JSMM), and a Justification for other than Full and (JSMM), and a Justification for other than Full and Open Competition (JOFOC)Open Competition (JOFOC)

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QuestionsQuestions