Goodwill Industries of South Florida Inc., Miami, Florida, has been awarded a maximum $7,458,318 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for various uniforms. Other than full and open competition was used in accordance with Federal Acquisition Regulation 6.302-5, mandatory source. This is a one-year contract with one one-year option term. Location of performance is Florida, with an Aug. 31, 2018, estimated performance completion date. Using military service is Air Force. Type of appropriation is fiscal 2017 through 2018 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-17-D-N010).
BACKGROUND. Relevant regulation for "other than full and open competition" cited by DoD in making the awards --
6.302-5 Authorized or required by statute.
(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:
(6) Sole source awards under the Veterans Benefits Act of 2003 (15 U.S.C. 657f).
(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;
(iii) States that award to that entity shall be made in contravention of the merit-based selection procedures in 10 U.S.C. 2304(k) or 41 U.S.C. 3105, 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.
(i) Contracts awarded under (a)(2)(ii) or (b)(2) of this subsection;
(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); or
(iii) Contracts less than or equal to $22 million awarded under (b)(4) of this subsection.
(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)).