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Scenario

Using  FAR 16.505 ordering procedures with exception to Fair Opportunity - Brand Name Only.  Estimated value is $100,000. 

It seems that FAR 16.505 (a) (4) states that a Brand Name Justification must be posted if the value is over $30,000.

However, FAR 16.505 (b) (2) (ii) states an exception to fair opportunity must be posted if the value is over the Simplified Acquisition Threshold ($250K for me).

I take this to mean - For amounts between $30K - $250K, JEFO is posted if, and only if,  its Brand Name Justification.  No need to post for any other type of JEFO.

Questions

Is this correct? 

If so, why would Brand Name Justifications have a much lower public notice threshold than any other type of exception to fair opportunity?

 

Refs

FAR 16.505 Ordering (a) (4)

  • (ii) Requirements for use of items peculiar to one manufacturer shall be justified and approved using the format(s) and requirements from paragraphs (b)(2)(ii)(A), (B), and (C).
  • (iii) (A) For an order in excess of $30,000, the contracting officer shall ...

FAR 16.505 Ordering (b) (2) (ii) (D) 

 (1) Except as provided in paragraph (b)(2)(ii)(D)(5) of this section, within 14 days after placing an order exceeding the simplified acquisition threshold that does not provide for fair opportunity in accordance with 16.505(b), the contract officer shall - (i) Publish a notice in accordance with 5.301; and (ii) Make publicly available the justification required at of this section.
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General,

A brand-name justification under FAR 16.505(a)(4) is not a JEFO under FAR 16.505(b)(2).

If the agency is doing a brand-name justification, and no contract holders will be denied a fair opportunity to be considered, then the agency does a brand-name justification under FAR 16.505(a)(4).  This is not a JEFO, it is a brand-name justification.  The acquisition is done under FAR 16.505(b)(1), Fair Opportunity.

If the agency intends to deny any contract holder a fair opportunity to compete, then the acquisition is under FAR 16.505(b)(2), Exceptions to Fair Opportunity Process.  JEFOs only apply to acquisitions under FAR 16.505(b)(2) (and even then, only to some of them).

When using FAR 16.505, BNJ ≠ JEFO.  There is no such thing as a brand-name JEFO. 

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