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  • Question

    Per AR 210-25 (6)(B)(C)(2) and 34 CFR 395.33 (d) can I sole source a military dining facility to the authorized Randolph Sheppard vendor. If so, does this fall under FAR 6.302-5 - Authorized or required by statute? In addition, am I exempt from posting a synopses under FAR 5.201 "when the proposed contract action is expressly authorized"? Further, am I exempt from creating a J&A under FAR 6.302-5(c)(2)(ii) "Contracts awarded under (a)(2)(i) of this section when the statute expressly requires that the procurement be made from a specified source."


    Answer

    The answer to these questions regarding the Randolph Sheppard Act (R-SA) require legal review and input. The following is just one interpretation of the existing direction regarding the R-SA and is not legally binding. 

    The intent of the R-SA is to provide blind persons with more economic opportunties, but not adversely affect the interests of the U.S. Interpretation of 34 CFR 395.33(d) is if a Contracting Activity should negotiate directly with a State licensing agency, then a J&A should be completed to justify "that such operation can be provided at a reasonable cost, with food of a high quality comparable to that currently provided employees". The key word in the CFR reference is "may" and not a "shall" or a "must". This implies a choice. Also, the CFR is regulatory and not statutory, so this is not a statutory requirement that would fall under 6.302-5. One would have to go to the actual statutory language in the USC and make a determination from that. Note the limitation in FAR 6.302-5(c)(1) where it specified three items that must be included in the applicable law. 

    Note: If the existing contract had been awarded to an AbilityOne/(formerly known as JWOD) vendor under the Committee for Purchase from People Who Are Blind or Severly Disabled statute, the requirement and base would be listed in the Procurement List and Section 856 of the FY07 NDAA addresses the applicability of JWOD and the R-SA. 

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