106 COMPETITION REQUIREMENTS

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 05896719
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 18
• Document Creation Date: December 28, 2022
• Document Release Date: March 20, 2017
• Case Number: F-2011-01076
• Publication Date: September 14, 2004

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106 COMPETITION REQUIREMENTS
SCOPE
106.000 Scope of part
(U) This part establishes policy and procedures
related to Agency competition requirements in
addition to those contained in FAR Part 6.
Release Number: 2004-1
Date Releases: 09/14/2004
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106.001 Applicability
Release Number: 2004-1
Date Releases: 09/14/2004
(U) (c) This part does not apply to contract
modifications that are within the scope and under
the terms of an existing contract. For those
acquisitions, the contracting officer shall
document these facts in the Business Review
document. Contract modifications that are not
within the scope and under the terms of an
existing contract require a "Justification For Other
Than Full And Open Competition."
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Release Number: 2004-1
Date Releases: 09/14/2004
Ageney
proeurements
-maximum raetieable
seed restrai
programs
sourees
eompetitive basisat:D
eonsistent with
methods.
applieable
proteet
intelfigenee
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FULL AND OPEN COMPETITION
106.101-70 Agency policy on limited full and
open competition
Release Number: 2007-18
Date Releases: 05/15/2007
(a) The Procurement Executive has
determined that openly publicizing all contractual
activities, including both classified and
unclassified contracts, could potentially
compromise or lead to the compromise of
intelligence sources and methods, operational
activities and/or interests of the Agency, or
capabilities of Agency systems. Therefore, under
the authority of Section 8 of the CIA Act of 1949
and other applicable laws and regulations, the CIA
limits the number of sources from which it solicits
bids or proposals to as many potential sources as
is practicable under the circumstances.
(U) (b) The contracting officer shall conduct
market research to identify qualified sources and
solicit offers from as many responsible sources as
practicable under the circumstances of the specific
acquisition. In addition to considering existing
sources, the contracting officer will review the
applicable capabilities and technological
achievements of uncleared sources, and, when
appropriate, consider the benefits of clearing
additional,sources.
(U) (c) Notwithstanding paragraph (a) above, a
Justification for Other Than Full and Open
Competition citing the appropriate authority from
FAR 6.302 must be completed for individual sole
source acquisitions, as appropriate.
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FULL AND OPEN COMPETITION AFTER
EXCLUSION OF SOURCES
106.202 Establishing or maintaining
alternative sources.
(U) (a) The PE is the agency head's designee for
Release Number: 2004-1 the purposes of FAR 6.202.
Date Releases: 09/14/2004
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106.203 Set-asides for small business
concerns
Release Numuer:
Date Releases: 09/14/2004
(U) (a) Set-asides for small business concerns
are not appropriate for use in Agency acquisitions
(See 119.201).
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106.204 Section 8(a) competition
Release Number: 2004-1
Date Releases: 09/14/2004
(U) (a) Limiting competition to eligible 8(a)
contractors is not appropriate for use in Agency
acquisitions (See 119.201).
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106.205 Set-asides for HUBZone small
business concerns
Release Number: 2004-1
Date Releases: 09/14/2004
(U) (a) Set-asides for HUBZone small business
concerns are not appropriate for use in Agency
acquisitions (See 119.201).
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OTHER THAN FULL AND OPEN
COMPETITION
106.302-1 Only one responsible source and
no other supplies or services will satisfy
agency requirements
Release Number: 2005-8
Date Releases: 08/31/2005
(U) (b)(4) The C/OA is the agency head's
designee for the purposes of FAR 6.302-1(b)(4).
For the purposes of standardization of information
technology (IT) products for use on the Agency's
networks, the C/OA further delegates authority to
�the CIO for evaluating and determining IT items
to be placed on the Approved Product List (APL) in
accordance with the Agency Product Evaluation
Guidelines. The current APL is available on the
CIO and PC Ware website.s.
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106.302-7 Public interest
Release Number: 2005-8
Date Releases: 08/31/2005
(U) (a)(2) Only the D/CIA has the authority to
approve the determination prescribed in FAR
6.302-7. The contracting officer shall forward the
justification supporting the determination via the
chain of command to the PE for coordination and
approval by the D/CIA.
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106.303-2 Content
Release Number: 2004-2
Date Releases: 09/15/2004
(U) (a) All Agency justifications for contract
actions exceeding the simplified acquisition
threshold will utilize the standard format for a
"Justification For Other Than Full And Open
Competition" which is located in the CCG Part
106.
�
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106.304 Approval of the justification
(U) (a) Justifications in excess of $100,000 will be reviewed and approved as
set forth below without further re-delegation:
Release Number: 2006-14
Date Releases: 11/27/2006
Dollar Value
_Approming.Official
(1) $1.196;000 to $550,000
CoicraCt7t firbrf -ige1-7� '
(2) $550,0.1 to $11,500,900 -
..
Live,__aardVal ferSi.`e Co tratt
.v,....,_,�.
Team Chief
However, i e't&b:niAt-eztliii
�. ..
sign itaxes lta contract
documes, nt t en the Agency
,,
eq ires app ova (AG �o t acts
Gump Ghief.
(3) $11;509i9.01 iMAZ.;009,,op,:9,1
Abovefgpp o als �ontracts,
Group Chief,
:and.
....
Wei*: Cofripedti on Advocate 0,
iltr;refrof Staff/OPE) - ' '
'XV v , -
(4.)$577190p; . :rapra16,06' 'i 1
AboveliappsovalslOs PrifieliFelTient.
qpqeu tive - - ,- ..:,,,c7r);1,4, ,
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OTHER THAN FULL AND OPEN
COMPETITION
106.304-70 Legal review of justifications
estimated at $5,000,000 and above
Release Number: 2008-21
Date Releases: 02/14/2008
(U) (a) CLD/OGC must review the "Justification
For Other Than Full and Open Competition"
document before a contracting team issues a
solicitation for all actions when the contracting
officer estimates the total amount (inclusive of
option(s)) at greater than or equal to $3,000,000
for non-commercial actions or $5,000,000 for
commercial actions.
(U) (b) The contracting officer's supervisor (e.g.
Deputy Team Chief, Team Chief) must review and
sign Justifications before submission to CLD/OGC.
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OTHER THAN FULL AND OPEN
COMPETITION
106.304-71 Approval of justifications under
$150,000
Release Number: 2006-14
Date Releases: 11/27/2006
(U) (a) Although FAR Part 6 does not apply to
contracts awarded on a sole source basis using
the simplified acquisition procedures of FAR Part
13, all noncompetitive actions between. $3,000
and $100,000 must be justified by the COTR in
writing.
(1) For actions to be processed by a
Contract Team, this justification may
be accomplished by using the
"Justification For Other Than Full And
Open Competition" form Or by a
memorandum to the contracting officer
clearly stating the rationale for the
noncompetitive procurement with
sufficient supporting data to enable the
contracting officer to make a valid
determination. If a memorandum is
used, the contracting officer's signature
on the purchase order indicates
approval of the Justification.
(2) Fol4tions ,between $3,000 and
, siciet'poo using the One-Time or
-
�
Limited Delegation of Procurement
Authority procedures as set forth in
113.370-3 aild 113.370-4 respectively,
the individual shall fully document the
rationale for the noncorripetitiVe.
procurement in the system.
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OTHER THAN FULL AND OPEN
COMPETITION
106.304-72 Approval of justifications for
One-Time Delegations of Procurement
Authority greater than $150,000
Release Number: 20054
Date Releases: 08/31/2005
(U) For acquisitions greater than $100,000 to be
processed using the One-Time Delegation of
Procurement Authority procedures as set forth in
113.370-3, the individual shall fully document the
rationale for the noncompetitive procurement in
the system. The contracting officer
responsible for reviewing and approving the
one-time request shall ensure that the
appropriate noncompetitive information is
documented in the one-time re uest. Approving
the one-time request in the ystem
indicates the contracting officer's approval of the
noncompetitive justification.
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SEALED BIDDING AND COMPETITIVE
PROPOSALS
106.401 Sealed bidding and competitive
proposals
Release Number: 2004-1
Date Releases: 09/14/2004
(U) Sealed bidding will not be used init,gen
acquisitions for other than constructiowleritOct
except as approved by the Group Chief (See
114.103(b)).
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COMPETITION' ADVOCATES
106.501 Requirement
Release Number: 2005-8
Date Releases: 08/31/2005
(U) The CS/OPE is the designated agency
competition advocate. Team Chiefs are the
designated competition advocates for their
respective contract team (procuring activity) for
the purposes of FAR 6.502.
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COMPETITION ADVOCATES
106.502 Duties and responsibilities
Release Number: 2004-1
Date Releases: 09/14/2004
(U) (b)(2) The Agency and contract team
competition advocates.do not prepare and submit
annual reports to the PE. Reports will be
prepared and submitted at the request of the PE.
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