FAR Overhaul - Part 13
Part 13 - Simplified Procedures for Noncommercial Acquisitions
Subpart 13.1 - Presolicitation
Subpart 13.2 - Solicitation, Evaluation, and Award
13.302 Cancellations and terminations.
13.303 Contract financing and payments.
13.000 Scope of part.
This part implements simplified procedures for the acquisition of noncommercial products and services valued at or below the simplified acquisition threshold (SAT) in accordance with 41 U.S.C. 1901-1903, 1905, and 3305.
13.001 Applicability.
(a)The procedures in this part may be used only if—
(1) There are no commercial products or commercial services that can satisfy the agency’s needs (see part 12); and
(2) The supplies or services are not available from a required source (see part 8).
(b) Follow the procedures in this part when procuring noncommercial products and services valued at greater than the micro-purchase threshold (MPT) but at or below the SAT, except
(1) When procuring architect-engineering services, follow the short selection process at 36.602-5;
(2) When procuring construction as a noncommercial service, comply with the requirements in part 36 for construction contracts and subpart 22.4 on labor standards for contracts involving construction; and
(3) When procuring research and development, use the procedures in this part in conjunction with the procedures in part 35, as appropriate.
(c) Do not divide requirements, the aggregate value of which exceeds the SAT, merely to permit use of the procedures in this part.
(d) Go to https://www.acquisition.gov/inapplicablelaws for the lists of laws that do not apply to acquisitions valued at or below the SAT (41 U.S.C. 1905).
Subpart 13.1 - Presolicitation
13.101 Competition.
(a) Agencies must promote competition to the maximum extent practicable when procuring noncommercial products and services valued at or below the SAT.
(b) Contracting officers may solicit from a single source based on a determination and findings (see subpart 1.5) that only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).
13.102 Small business.
Acquisitions of supplies or services that have an anticipated dollar value above the MPT, but at or below the SAT, must be set aside for small business concerns (see part 19).
13.103 Quality assurance
Generally, inspection and acceptance should be at destination. Inspection at the supplier’s location should be specified only if required by 46.404.
Subpart 13.2 - Solicitation, Evaluation, and Award
13.201 Procedures.
Follow the simplified procedures at 12.201-1 for issuing requests for quotations (RFQs). Agencies are encouraged to use additional innovative approaches and may leverage the other flexibilities identified in that section; however, if using blanket purchase agreements (BPAs), the maximum value of each individual purchase under a BPA may not exceed the SAT.
13.202 Evaluation.
Follow the procedures in 12.203 when establishing evaluation factors and a process to evaluate quotations in an efficient and minimally burdensome manner. Notify potential quoters of the basis on which the agency will make the award decision. Exercise good business judgment in deciding whether or not to accept a quotation received after the due date or time.
13.203 Award.
(a) Price reasonableness. The contracting officer must determine the price to be fair and reasonable. Whenever possible, base price reasonableness on competitive quotations.
(b) Documentation. Include in the contract file a written description of the procedures used in awarding the purchase order and the number of quotations received.
(c) Forms and format. Use the Optional Form (OF) 347, Order for Supplies or Services; the OF 336, Continuation Sheet, or OF 348, Order for Supplies and Services Schedule—Continuation; or similar agency forms or automated formats to the maximum extent practicable.
13.204 Contract clauses.
(a)Include clauses prescribed elsewhere in the FAR in purchase orders for noncommercial supplies or services valued at or below the SAT as required or applicable based on the clause prescriptions.
(b) Contracting officers may use the clause at 52.213-4, Terms and Conditions—Simplified Acquisitions (Noncommercial), to provide a streamlined set of terms and conditions for inspection/acceptance, excusable delays, terminations, and warranties. This clause is either used in lieu of similar clauses prescribed for these purposes or tailored to incorporate only some of the streamlined terms and conditions, as necessary.
(c) Do not use part 12 clauses (i.e., 52.212-1, 52.212-2, or 52.212-4) in noncommercial acquisitions.
Subpart 13.3 - Postaward
13.301 Notifications.
Comply with the award notice posting requirements in subpart 5.3. Upon request, provide a brief explanation of the award decision that explains why the unsuccessful quoter was not selected. If an award notice was not required to be posted to the Government point of entry, also provide the information that would be included in an award notice (see 5.301(c)).
13.302 Cancellations and terminations.
(a)The Government may withdraw, amend, or cancel purchase orders by written notice to the supplier at any time before acceptance of the order occurs (see 12.201-1(b)).
(b) If the supplier did not accept the purchase order in writing, request that the supplier provide written acceptance of the cancellation.
(c) If the contractor does not accept the cancellation or claims that costs were incurred as a result of the contractor beginning performance under the purchase order, follow the procedures in part 49 or 52.213-4 to terminate the purchase order.
13.303 Contract financing and payments.
(a) Unless agency regulations permit otherwise, do not provide financing for purchases valued at or below the SAT.
(b) See part 32 for payment procedures, including the option to use fast payment procedures.
Subpart 13.4 - Micro-purchases
13.401 General.
(a) Follow the procedure in 12.4 when making purchases valued at or below the MPT.
(b) While micro-purchases do not require written provision or clauses, the clause at 52.232-39, Unenforceability of Unauthorized Obligations, automatically applies to any micro-purchase, including those made with the Governmentwide commercial purchase card. This clause prevents violations of the Anti-Deficiency Act (31 U.S.C. 1341).
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Caveat
The FAR Council created deviations will include clauses and provisions currently required by statute and Executive Order. OMB and the FAR Council will work with Congress to recommend statutory changes and with the White House to recommend rescission of requirements stemming from prior Executive Orders that are inconsistent with the goals of Executive Order 14275 to stop the inefficient use of American taxpayer dollars in federal procurement. Any changes to Executive Orders or statute will be reflected when the Revolutionary FAR Overhaul turns to rule-making.