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10 U.S.C. 2304(c)(5) Authorized or Required by Statute

• 10 U.S.C. 2304(c)(5) Authorized or Required by Statute

• FAR 6.302-5 and DFARS 206.302-5 contains the guidance
• Applies when a statute expressly authorizes that the acquisition be made through another agency, or from a specified source, or the agency’s need is for a brand name or commercial item for authorized resale, the government may limit competition
• A J&A is not required
• Qualified non-profit agencies for the blind or severely handicapped (FAR 8.7)
• Sole source awards under 8(a) (FAR 19.8)
• Commercial items for authorized resale at a commissary or similar facility
• Statute expressly requires the procurement to be made from a specified source
• A J&A is required for:
• Non-competitive awards to Federal Prison Industries (Unicor) (FAR 8.6)
• Government Printing and Binding (FAR 8.8)
• Sole source awards pursuant to the HUBZone or SDVOSB programs