(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);
(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).
(5) Sole source awards under the HUBZone Act of 1997-15 U.S.C. 657a (see 19.1306).
(6) 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)).
