Ok, so the agency I support (DOD) just received some funding in the 2024 appropriations bill as "Congressionally Directed Spending" (the new moniker for "earmarks").  There are no instructions on these funds, just a name of the program, so no vendor is named, but I know the vendor that does the program.  So how should I process these funds for award?  I'm thinking a -5 J&A, but is there some guidance somewhere that will tell me what procedures to follow to obligate these funds properly?  Also, is there some sort on Congressional oversight required post award?  If I do a -5 J&A, do I have to do market research, and what if there are other vendors that can do the work?  Any insights appreciated.

1 hour ago, G-Man_KO said:

Ok, so the agency I support (DOD) just received some funding in the 2024 appropriations bill as "Congressionally Directed Spending" (the new moniker for "earmarks").  There are no instructions on these funds, just a name of the program, so no vendor is named, but I know the vendor that does the program.  

There is no congressional identification of the vendor or authorization or direction to specifically use this vendor, correct? If so, then the 6.302-5 exemption isn’t applicable.

More info is required.  Based on the lack of any other information,  I’d think that you need to find out if the program is such that no other vendor could take over.

Determine status of program and perform market research if it isn’t limited to current provider or isn’t impractical to allow others to compete…

This also is potentially way above a contracting officers discretionary actions.  I would get the agency budget officer and congressional liaison officer involved.  They can check with the committee staffers.

Joel - I've been off wifcon for a while, but I remember your name, so good to hear from you.  That said, I don't have any more info.  I know the vendor and their tool (and I have their application to Congress) and the tool name is what is on the funding line.  Oddly, it does not mention the vendor by name, which is my dilemma.   So you do not think a J&A -5 is apropos?  Seems to me I need something to document the award decision.

3 hours ago, G-Man_KO said:

So how should I process these funds for award?

Not gonna get that here.

3 hours ago, G-Man_KO said:

I'm thinking a -5 J&A, but is there some guidance somewhere that will tell me what procedures to follow to obligate these funds properly?  Also, is there some sort on Congressional oversight required post award?  If I do a -5 J&A, do I have to do market research, and what if there are other vendors that can do the work?  Any insights appreciated.

You missed the best part of this website: go to WIFCON.com, then on the right side go to "Legal", then "Protests", then "By FAR".  Since you are working in something you do know - FAR 6.302 - click that under the "Link to Decisions" header.  Then on this huge searchable page, press Ctrl+F and type in "congressional" and there you have an applicable protest case that will give you your requested "guidance somewhere".  Click the "AshBritt, Inc." link.

Once inside this protest case you may say, "but I am not using the Stafford Act" - nevertheless, don't come here and tell me I'm wrong, like this is some kind of social media site.  Instead, get curious.  Go through the "B-____" file numbers the GAO Examiner cites throughout the AshBritt case to justify his opinion to his peers.  Take these file numbers and copy/paste them into GAO.gov's bid protest case search tool.  Read each of them until you can answer your questions alone, without any help.  Then you won't be reliant on anyone else to do your job!  https://www.gao.gov/legal/bid-protests/search

That protest case was helpful. Thanks

You are welcome, and I would like to pass on the greater thanks to @bob7947 for organizing it all for us.

Now, ASI Government made a good, unsponsored video about practicing reading the protest cases here every day.  I wonder if that activity would be approvable as a DAWIA CLP??  Check it out!

(The good stuff starts at the 1:15 mark)

Again,Bob, thanks for all you do with this site.  An amazing resource with enjoyable discussions as well.

@Voyager thanks for sharing this.  Great tip!

Thank you.