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Imposing restrictions on COTS purchases - DOD's "Jesus Rifles"


The_Intern

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Recently, a story broke about an optics manufacturer, Trijicon, in which the press reported their equipment, purchased as COTS, contained biblical references in the part numbers. This practice has been done by the company for years and the equipment is currently being used widely by the Military in various operations. Top Military officials have since come out condemning the practice and the company has responded by sending kits to remove the references.

In theory, if the DOD stands firm in the interpretation of such displays proselytizing (particularly in the CENTCOM AOR), could a commercial solicitation contain a restriction that states any religious display would disqualify the bidder? Or more generally, how can a contracting officer in the DOD ensure that all COTS equipment doesn't have such markings and would it even be legal to evaluate offers accordingly?

I apologize for posing such an odd scenario, but I'm curious enough to seek expert opinion.

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Guest Vern Edwards
In theory, if the DOD stands firm in the interpretation of such displays proselytizing (particularly in the CENTCOM AOR), could a commercial solicitation contain a restriction that states any religious display would disqualify the bidder?

In theory: maybe. But any such policy would lead to litigation. No such policy should be instituted at lower command levels or by a CO. That would be asking for trouble. Let the agency heads and their staffs make policy in such matters.

Or more generally, how can a contracting officer in the DOD ensure that all COTS equipment doesn't have such markings and would it even be legal to evaluate offers accordingly?

A CO should not worry about such matters until policy makers decide what to do and issue instructions. I would not even think about this matter until somebody told me to. This is a controversy in which no one can come out looking good. Any CO who takes this on without direction is a fool.

For those who do not know, the serial numbers on certain weapon optical sights included the alpha-numeric: "JN8:12." That is a reference to the New Testament, John 8:12, which says: "When Jesus spoke again to the people he said 'I am the light of the world. Whoever follows me will never walk in darkness but will have the light of life.'"

The manufacturer or the equipment is Trijicon. Its motto is: "Brilliant Aiming Solutions," which they have trademarked. Its website address is: http://www.trijicon.com/Trijicon.cfm?CFID=...FTOKEN=10966873. Its managers are stupid. I guess the light to which their serial numbers refer is target illumination: one shot, one kill. According to Dante, blasphemy will get you into the third ring of the seventh circle of Hell (Inferno 14.22-27). Profits aren't good there.

I can't wait for the protest. With any luck, we'll even get a board or court decision.

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My understanding is that the contractor has "voluntarily" agreed to stop imprinting the ACOGs with the biblical references. Moreover, it is offering its end-users kits to remove the markings from already-accepted ACOGs. I found it interesting that end-users include foreign governments (FMS perhaps?).

http://abcnews.go.com/Blotter/jesus-rifles...8791&page=2

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My understanding is that the contractor has "voluntarily" agreed to stop imprinting the ACOGs with the biblical references. Moreover, it is offering its end-users kits to remove the markings from already-accepted ACOGs. I found it interesting that end-users include foreign governments (FMS perhaps?).

http://abcnews.go.com/Blotter/jesus-rifles...8791&page=2

Of course, the FMS customers and host nations are the reason for the legitimate objection. I used to live over there.

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