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  1. I just read Matthew's response, I think it hits the mark. Thank you to all above.
  2. The sole source justification is a red herring. The rationale behind the purchase itself is the issue. I will go through with Vern's suggestion and find more GAO holding's regarding "legitimate need."
  3. Well the dictionary definition would be lawful or proper...which kind of brings back full circle. I think the rationale for the purchase is unlawful as stated "the purpose of awarding this contract is to build the industrial base" in the hopes that the awarded vendors will become sophisticated enough to compete with a vendor that has historically been awarded sole source contracts for this requirement.
  4. I'm here to learn. but that is insufficient, the analysis is far more important than the solution.
  5. I'm in the program office and not able to communicate with the Acquisition's Office. That being said, I could just go with the flow, but I bring this issue here for academic purposes.
  6. So the FAR 6 Justification is throwing off the issue. The issue is rather what is a "legitimate need." If a program office can state they are creating a contract in hopes that the experience will help with future competitions, is that a sufficient rationale for a legitimate need?
  7. The justification is to limit competition. Within the J&A, an argument is made that the rationale for providing contracts to a couple of vendors is that it will "build the industrial base". Providing this as rationale for these contracts raises all kinds of flags to me. I want to use another rationale for making these procurements...but I need to justify why this rationale raises flags. To me this purchasing rationale is not a "Legitimate Need" but I cannot get any kind of legal definition within the FA, DFARs, GAO, or FMR. I may be wrong btw...just looking for guidance.
  8. Hello all, first time poster. I have a client that wants to state in a J&A that the purpose of awarding a contract is to build industry. It seems an obvious violation of some rule...my first thought was that it violates the DoD FMR's "Bona Fide Need" rule...but this is a timing of appropritions argument. The "bona fide need" seems akin to the "legitimate need" phrase used in FAR Part 10. I have looked through GAO decisions and the FAR Part 2 and 10, but cannot seem to get a clear definition on what a "Legitimate Need" is. Please advise.
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