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Let's stipulate: An inventor invents a firearm useful to the Government, and it functions as advertised.  Inventor "is convinced that his weapon is so revolutionary that it will overcome Army foot-dragging" in order to get it into the hands of U.S. soldiers.  You are a project manager tasked with writing a sole source justification for the firearm.  Can it be done?  If yes, what else will need to occur to procure this product?

The actual story can be found by googling "ribbon gun Grier Gazette".  

I believe this could be accomplished without FAR changes, but with a lot of elbow grease.  However, there are smarter people than me lurking around here . . .

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The Army could buy the drawings from the inventor -- that's a simple sole-source procurement -- depending on the dollar amount, just find somebody to sign the J&A.  

The inventor holds the patent, but might not have the production facility to produce the product in quantity.  The inventor might be non-responsible for a production contract.

The Army could do a competitive procurement to produce the product in quantity.  A decision has to be made on who pays the royalties to the inventor:  (A) the Government, under the contract clause at FAR 52.227-1 Authorization and Consent, or (B) the contractor, under the contract clause at FAR 52.227-3 Patent Indemnity (or para. (h) of the clause at FAR 52.212-4)?  For the M-16, the Army chose an approach along the lines of (A) in a 1968 20-year contract with Colt for the Vietnam era.

There are other ways. A sole source contract to the inventor is not the only way.

Edited by ji20874
added "not"

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On ‎10‎/‎1‎/‎2018 at 3:36 PM, ji20874 said:

A sole source contract to the inventor is the only way.

Ask the inventor to team up with an 8(a) socioeconomically disadvantaged small business for the development of a prototype, and to acquire limited rights to the patent.  Award a contract directly to the 8(a) contractor.  With patent rights and prototype in hand, hold a competition for mass production.

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