[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR13.106-1]

[Page 202]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 13_SIMPLIFIED ACQUISITION PROCEDURES--Table of Contents
 
                         Subpart 13.1_Procedures
 
Sec.  13.106-1  Soliciting competition.

    (a) Considerations. In soliciting competition, the contracting 
officer shall consider the guidance in 13.104 and the following before 
requesting quotations or offers:
    (1)(i) The nature of the article or service to be purchased and 
whether it is highly competitive and readily available in several makes 
or brands, or is relatively noncompetitive.
    (ii) Information obtained in making recent purchases of the same or 
similar item.
    (iii) The urgency of the proposed purchase.
    (iv) The dollar value of the proposed purchase.
    (v) Past experience concerning specific dealers' prices.
    (2) When soliciting quotations or offers, the contracting officer 
shall notify potential quoters or offerors of the basis on which award 
will be made (price alone or price and other factors, e.g., past 
performance and quality). Contracting officers are encouraged to use 
best value. Solicitations are not required to state the relative 
importance assigned to each evaluation factor and subfactor, nor are 
they required to include subfactors.
    (b) Soliciting from a single source. (1) For purchases not exceeding 
the simplified acquisition threshold, contracting officers may solicit 
from one source if the contracting officer determines that the 
circumstances of the contract action deem only one source reasonably 
available (e.g., urgency, exclusive licensing agreements, or industrial 
mobilization).
    (2) For sole source acquisitions of commercial items in excess of 
the simplified acquisition threshold conducted pursuant to subpart 13.5, 
the requirements at 13.501(a) apply.
    (c) Soliciting orally. (1) The contracting officer shall solicit 
quotations orally to the maximum extent practicable, if--
    (i) The acquisition does not exceed the simplified acquisition 
threshold;
    (ii) Oral solicitation is more efficient than soliciting through 
available electronic commerce alternatives; and
    (iii) Notice is not required under 5.101.
    (2) However, an oral solicitation may not be practicable for 
contract actions exceeding $25,000 unless covered by an exception in 
5.202.
    (d) Written solicitations. If obtaining electronic or oral 
quotations is uneconomical or impracticable, the contracting officer 
should issue paper solicitations for contract actions likely to exceed 
$25,000. The contracting officer shall issue a written solicitation for 
construction requirements exceeding $2,000.
    (e) Use of options. Options may be included in solicitations, 
provided the requirements of subpart 17.2 are met and the aggregate 
value of the acquisition and all options does not exceed the dollar 
threshold for use of simplified acquisition procedures.
    (f) Inquiries. An agency should respond to inquiries received 
through any medium (including FACNET) if doing so would not interfere 
with the efficient conduct of the acquisition. For an acquisition 
conducted through FACNET, an agency must respond to telephonic or 
facsimile inquiries only if it is unable to receive inquiries through 
FACNET.

[62 FR 64917, Dec. 9, 1997, as amended at 63 FR 58593, Oct. 30, 1998]