I am writing a class J&A for these parts and I am trying to determine if referencing Section 402 of the Clinger-Cohn Act as Statutory Authority is appropriate or is it used solely for IT acquisitions?
We communicated with you to try to get more information, and you stated that you’re writing a J&A pursuant to FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.” The foundation necessary to support such a J&A is going to be a statement of facts that “the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources and no other type of supplies or services will satisfy agency requirement.” See FAR 6.302-1(a)(2). In writing the J&A you should consult FAR 6.302-1 in its entirety, DFARS 6.302-1 and DFARS PGI 6.302-1, as well as any service-specific or local procedures you may have.
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We communicated with you to try to understand why you might want to cite the Clinger-Cohen Act, given that the section you cited is not pertinent to acquisitions. Following our communications we don’t feel we have a better understanding of why you might want to reference that Act in connection with your FAR 6.302-1 J&A. We suggest you consult your legal counsel to determine how that law may or may not be applicable to your situation.