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DLeger

J&A Requirement

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I have a ship repair requirement that will be solicited as full and open but, some of the work items in package require work that can only be completed by one source, the OEM. Since the requirement will be full and open does a J&A have to be executed because some of the items in the package are sole source?

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Have you looked at FAR 6-302 and 6-303? 

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4 minutes ago, MBrown said:

Have you looked at FAR 6-302 and 6-303? 

I have and I understand that a J&A is required if the requirement is limiting full and open competition. There are several shipyards that can perform the work we are requesting. Within the package is about 95 work items and about 20 of those require the services of the OEM, which is one source. Since the requirement is solicited as full and open but, some of the work items require a single source does a J&A need to be executed? I have not found a FAR authority that covers this situation

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Does the solicitation limit the 20 items to the OEM? 

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Yes.  When the shipyards submit their packages they have to identify all subcontractors and those work items must identify the OEM as the subcontractor.

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Ok, then 6.302-1 appears to discuss your situation.  Is a J&A a big deal? 

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I believe you must document the file as to why you are designating a specific sub, but I do not believe you need a J&A. See these two WIFCON threads:

http://www.wifcon.com/discussion/index.php?/topic/2980-directing-a-prime-to-a-specific-subcontractor/

http://www.wifcon.com/discussion/index.php?/topic/658-competitive-rfp-with-directed-sub/

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Is it a big deal? Depends on who you ask here. My opinion is that a J&A is not required as I'm not limiting competition to the requirement. If each work items work solicited separately then a J&A would be required.

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FAR 6.302-1(c) refers only to products, not services.  The original poster seems to be talking about services.  Therefore, I don't think FAR 6.302-1 applies in this scenario where a small percentage of the contract is for work on items which must be performed by the item OEMs.

The solution may be as simple as a statement of work blurb saying that the needed services must be performed by the OEM or one of its licensees or dealers.  This may be true because of product warranty or similar considerations.  I'm thinking that a J&A is not needed.

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