6.302-5 Authorized or required by statute.
(2) Full and open competition need not be provided for when–
(i) A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source; or
(ii) The agency’s need is for a brand name commercial product for authorized resale.
(b) Application. This authority may be used when statutes, such as the following, expressly authorize or require that acquisition be made from a specified source or through another agency:
(6) Sole source awards under the Veterans Benefits Act of 2003 ( 15 U.S.C.657f).
(1) This authority shall not be used when a provision of law requires an agency to award a new contract to a specified non-Federal Government entity unless the provision of law specifically—
(i) Identifies the entity involved;
(iii) States that award to that entity shall be made in contravention of the merit-based selection procedures in 10 U.S.C.2304(k) or 41 U.S.C. 3105, as appropriate. However, this limitation does not apply–
(A) When the work provided for in the contract is a continuation of the work performed by the specified entity under a preceding contract; or
(B) To any contract requiring the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an executive agency and to report on those matters to the Congress or any agency of the Federal Government.
(i) Contracts awarded under (a)(2)(ii) or (b)(2) of this section;
(ii) Contracts awarded under (a)(2)(i) of this section when the statute expressly requires that the procurement be made from a specified source. (Justification and approval requirements apply when the statute authorizes, but does not require, that the procurement be made from a specified source); or
(iii) Contracts less than or equal to $25 million awarded under (b)(4) of this section.
(3) The authority in (a)(2)(ii) of this section may be used only for purchases of brand name commercial products for resale through commissaries or other similar facilities. Ordinarily, these purchases will involve articles desired or preferred by customers of the selling activities (but see 6.301(d)).