5606.303-90.1 Amended J&A (Changes/Increases/Decreases).
(Revised June 2011)
(a) A document entitled, "Amendment to Justification and Approval for Other than Full and Open Competition," may be prepared in lieu of a new J&A using the same paragraph designations as the basic J&A. Paragraphs of the basic J&A not affected by the amendment should be annotated, "No Change." Multiple amendments should be numbered sequentially. Changes from the approved J&A should be clearly identified. The Contracting Officer shall submit a copy of the basic J&A along with the amended J&A to the appropriate approval level as listed in Attachment 5601-1. A signed J&A must be completed prior to award of the subject contract action.
(b) The Contracting Officer shall amend the J&A and obtain approval at the required level (Attachment 5601-1
(1) The negotiated in-scope price of the anticipated contracting action increases, or any increase in which the additional work/quantities were not originally contemplated in the J&A (Note: If the RAO or KO need flexibility to approve an increase in quantity or price without amending the approved J&A, the specific flexibilities desired (i.e. 20% variation) must to be addressed in the original J&A).
(2) The negotiated price increase causes the approval level authority to rise to a higher level. The approval authority may recommend changes to the J&A and the contracting officer may accomplish these changes, or any other changes, by submitting change pages to the approval authority for inclusion in the final document.
(3) There is a change in the competitive strategy that would further reduce competition (Note: The KO shall jointly determine the impact of changes to the acquisition strategy with the contract attorney to ensure the change does not restrict competition or require a change to the justification).
There is a modification to the requirement that changes the basis for the justification. If the new effort is outside the scope of the original J&A, the contracting officer shall submit an amended J&A to the appropriate approving authority. The contracting action cannot be awarded until the amended J&A is approved.
(c) If the statutory authority for other than full and open competition is no longer applicable, or a different statutory authority now applies, a new J&A shall be completed.