AUTHORIZED OR REQUIRED BY STATUTE
Guidance regarding use of this authority is at FAR 6.302-5. It applies when statute expressly authorizes or requires the acquisition to be made through another agency or from a specified source. It may also be used when brand name commercial items are purchased for authorized resale (e.g., Commissary sales, etc.). Solicitations for other than full and open competition will not be released until the J&A has been approved when citing this authority. However a J&A is not required under the following conditions:
1. When contracts will be awarded IAW 41 USC 46-48c (FAR 8.7), Qualified Non-Profit Agencies for the Blind or other Severely Handicapped.
2. When contracts will be awarded IAW 15 USC 637 (FAR 19.8), sole source awards under the 8(a) Program.
3. When acquiring brand name commercial items for authorized resale at a commissary or similar facility.
4. When awarding contracts under any other statute that expressly require the procurement to be made from a specified source.
5. When competitive contracts will be awarded using the HUBZone or Service Disabled Veteran-Owned Small Business set-aside program (reference FAR 6.205 and 6.206).
When Applicable:
10 USC 2361 as implemented by DFARS 206.302-5(c) specifically precludes use of this authority for awards to colleges or universities for the performance of research and development, or the construction of any research or other facility unless certain conditions are met. If your acquisition involves this type of statutory direction, you should refer to the DFARS and consult the Staff Judge Advocate.
The authority of 10 USC 2304(c)(5) may be used to justify other than full and open competition when the statute authorizes, or requires the procurement to be made from a specified source or sources. FAR 6.302-5(b) specifically cites the following situations where use of this authority may be appropriate and a J&A is required:
1. Contracts to be awarded pursuant to 18 USC 4124 (FAR 8.6), Federal Prison Industries (UNICOR).
2. Contracts for government Printing and Binding IAW 44 USC 501-504, and 1121 (FAR 8.8).
3. When sole-source contracts will be awarded using the HUBZone or Service Disabled Veteran-Owned Small Business set-aside program (reference FAR 6.205 and 6.206).