[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR6.302-5]



[Page 102-103]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 6_COMPETITION REQUIREMENTS--Table of Contents

 

            Subpart 6.3_Other Than Full and Open Competition

 

Sec. 6.302-5  Authorized or required by statute.



    (a) Authority. (1) Citations: 10 U.S.C. 2304(c)(5) or 41 U.S.C. 

253(c)(5).

    (2) Full and open competition need not be provided for when (i) a 

statute expressly authorizes or requires that the acquisition be made 

through another agency or from a specified source, or (ii) the agency's 

need is for a brand name commercial item for authorized resale.

    (b) Application. This authority may be used when statutes, such as 

the following, expressly authorize or require that acquisition be made 

from a specified source or through another agency:

    (1) Federal Prison Industries (UNICOR)--18 U.S.C. 4124 (see subpart 

8.6);

    (2) Qualified Nonprofit Agencies for the Blind or other Severely 

Disabled--41 U.S.C. 46-48c (see subpart 8.7);



[[Page 103]]



    (3) Government Printing and Binding--44 U.S.C. 501-504, 1121 (see 

subpart 8.8);

    (4) Sole source awards under the 8(a) Program--15 U.S.C. 637 (see 

subpart 19.8); or

    (5) The Robert T. Stafford Disaster Relief and Emergency Assistance 

Act--42 U.S.C. 5150 (see subpart 26.2).

    (6) Sole source awards under the HUBZone Act of 1997--15 U.S.C. 657a 

(see 19.1306).

    (7) Sole source awards under the Veterans Benefits Act of 2003 (15 

U.S.C. 657f).

    (c) Limitations. (1) This authority shall not be used when a 

provision of law requires an agency to award a new contract to a 

specified non-Federal Government entity unless the provision of law 

specifically--

    (i) Identifies the entity involved;

    (ii) Refers to 10 U.S.C. 2304(j) for armed services acquisitions or 

section 303(h) of the Federal Property and Administrative Services Act 

of 1949 for civilian agency acquisitions; and

    (iii) States that award to that entity shall be made in 

contravention of the merit-based selection procedures in 10 U.S.C. 

2304(j) or section 303(h) of the Federal Property and Administrative 

Services Act, as appropriate. However, this limitation does not apply--

    (A) When the work provided for in the contract is a continuation of 

the work performed by the specified entity under a preceding contract; 

or

    (B) To any contract requiring the National Academy of Sciences to 

investigate, examine, or experiment upon any subject of science or art 

of significance to an executive agency and to report on those matters to 

the Congress or any agency of the Federal Government.

    (2) Contracts awarded using this authority shall be supported by the 

written justifications and approvals described in 6.303 and 6.304, 

except for--

    (i) Contracts awarded under (a)(2)(ii), (b)(2), or (b)(4) of this 

subsection; or

    (ii) Contracts awarded under (a)(2)(i) of this subsection when the 

statute expressly requires that the procurement be made from a specified 

source. (Justification and approval requirements apply when the statute 

authorizes, but does not require, that the procurement be made from a 

specified source.)

    (3) The authority in (a)(2)(ii) of this subsection may be used only 

for purchases of brand-name commercial items for resale through 

commissaries or other similar facilities. Ordinarily, these purchases 

will involve articles desired or preferred by customers of the selling 

activities (but see 6.301(d)).



[50 FR 52432, Dec. 23, 1985, as amended at 51 FR 36971, Oct. 16, 1986; 

54 FR 46005, Oct. 31, 1989; 60 FR 42654, Aug. 16, 1995; 61 FR 39200, 

July 26, 1996; 63 FR 70267, Dec. 18, 1998; 67 FR 13068, Mar. 20, 2002; 

69 FR 25276, May 5, 2004]