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    The Acquisition Center personnel are telling the Program Office that for all components called out by manufacturers part number (ICs, switches, microcontroller) on the drawings would need a J&A otherwise the Program Office should have qualified multiple sources for the part(s)/components (QPL) or the production contractor should be given the freedom to procure another part once they're prepared to qualify the part(s) to meet the Government requirement. Acquisition Center personnel rationale is that per the FAR, the TDP is restricting competition on electronic/mechanical components that assembled on circuit card assembly or subassembly. Does calling out a manufacturer electronic IC on circuit card or mechanical switch that the system is qualified with, require J&A for each component with manufacturer part No. in the TDP for all future production?


    Answer

    Does calling out a manufacturer electronic IC on  circuit card or mechanical switch that the system is qualified with, require J&A for each component with manufacturer part No. in the TDP for all future production?

    Anwser: No.  See FAR Part 6.302-1 (c)

    (c) Application for brand name descriptions.
      (1) An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer—
        (i) Does not provide for full and open competition, regardless of the number of sources solicited; and
        (ii) Shall be justified and approved in accordance with FAR 6.303 and 6.304.
          (A) If only a portion of the acquisition is for a brand-name product or item peculiar to one manufacturer, the justification and approval is to cover only the portion of the acquisition which is brand-name or peculiar to one manufacturer. The justification should state it is covering only the portion of the acquisition which is brand-name or peculiar to one manufacturer, and the approval level requirements will then only apply to that portion;
          (B) The justification should indicate that the use of such descriptions in the acquisition or portion of an acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company; and
          (C) The justification shall be posted with the solicitation (see 5.102(a)(6)).
      (2) Brand-name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand-name, provide for full and open competition and do not require justifications and approvals to support their use.


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