---
kind: "section"
citation: "48 C.F.R. § 206.302-5"
title: "48"
number: "206.302-5"
heading: "Authorized or required by statute."
url: "https://uscodex.org/cfr/48/206.302-5"
---

# §206.302-5. Authorized or required by statute.

- (b) **Application.** Agencies may use this authority to—
- (i) Acquire supplies and services from military exchange stores outside the United States for use by the armed forces outside the United States in accordance with [10 U.S.C. 2424(a)](/usc/10/2424.md?p=a) and subject to the limitations of [10 U.S.C. 2424(b)](/usc/10/2424.md?p=b). The limitations of 10 U.S.C. [2424(b)(1)](/usc/10/2424.md?p=b-1) and [(2)](/usc/10/2424.md?p=b-2) do not apply to the purchase of soft drinks that are manufactured in the United States. For the purposes of [10 U.S.C. 2424](/usc/10/2424.md), soft drinks manufactured in the United States are brand name carbonated sodas, manufactured in the United States, as evidenced by product markings.
- (ii) Acquire police, fire protection, airfield operation, or other community services from local governments at military installations to be closed under the circumstances in 237.7401 ([section 2907](/cfr/48/2907.md) of Fiscal Year 1994 Defense Authorization Act (Pub. L. 103-160)).
- (iii) Acquire products and services under the Pilot Program to Incentivize Contracting with Employee-Owned Businesses (see [subpart 270.1](/cfr/48/subpart270.1.md)).
- (c) **Limitations.**
- (i) [10 U.S.C. 4141](/usc/10/4141.md) precludes use of this exception for awards to colleges or universities for the performance of research and development, or for the construction of any research or other facility, unless—
  - (A) **The statute authorizing or requiring award specifically—** (1) States that the statute modifies or supersedes the provisions of [10 U.S.C. 4141](/usc/10/4141.md);

    (2) Identifies the particular college or university involved; and

    (3) States that award is being made in contravention of [10 U.S.C. 4141(a)](/usc/10/4141.md?p=a); and

  - (B) **The Secretary of Defense provides Congress written notice of intent to award.** The contract cannot be awarded until 180 days have elapsed since the date Congress received the notice of intent to award. Contracting activities must submit a draft notice of intent with supporting documentation through channels to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy, Office of the Under Secretary of Defense (Acquisition and Sustainment).
- (ii) The limitation in paragraph (c)(i) of this section applies only if the statute authorizing or requiring award was enacted after September 30, 1989.
- (iii) Subsequent statutes may provide different or additional constraints on the award of contracts to specified colleges and universities. Contracting officers should consult legal counsel on a case-by-case basis.

## Notes

### Amendments

[89 FR 82185, Oct. 10, 2024]

### Authority

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

### Source

Source: 56 FR 36303, July 31, 1991, unless otherwise noted.

### Amendments

[89 FR 82185, Oct. 10, 2024]