[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: 48CFR13.501]

[Page 214]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 13_SIMPLIFIED ACQUISITION PROCEDURES--Table of Contents
 
         Subpart 13.5_Test Program for Certain Commercial Items
 
Sec.  13.501  Special documentation requirements.

    (a) Sole source acquisitions. (1) Acquisitions conducted under 
simplified acquisition procedures are exempt from the requirements in 
part 6. However, contracting officers must--
    (i) Conduct sole source acquisitions, as defined in 2.101, under 
this subpart only if the need to do so is justified in writing and 
approved at the levels specified in paragraph (a)(2) of this section; 
and
    (ii) Prepare sole source justifications using the format at 6.303-2, 
modified to reflect an acquisition under the authority of the test 
program for commercial items (section 4202 of the Clinger-Cohen Act of 
1996) or the authority of the Homeland Security Act (Public Law 107-296, 
section 856) as implemented at 12.102(f)(1).
    (2) Justifications and approvals are required under this subpart 
only for sole source acquisitions.
    (i) For a proposed contract exceeding $100,000, but not exceeding 
$500,000, the contracting officer's certification that the justification 
is accurate and complete to the best of the contracting officer's 
knowledge and belief will serve as approval, unless a higher approval 
level is established in accordance with agency procedures.
    (ii) For a proposed contract exceeding $500,000 but not exceeding 
$10,000,000, the competition advocate for the procuring activity, 
designated pursuant to 6.501, or an official described in 6.304(a)(3) or 
(a)(4) must approve the justification and approval. This authority is 
not delegable.
    (iii) For a proposed contract exceeding $10,000,000 but not 
exceeding $50,000,000, the head of the procuring activity or the 
official described in 6.304(a)(3) or (a)(4) must approve the 
justification and approval. This authority is not delegable.
    (iv) For a proposed contract exceeding $50,000,000 the official 
described in 6.304(a)(4) must approve the justification and approval. 
This authority is not delegable except as provided in 6.304(a)(4).
    (b) Contract file documentation. The contract file must include--
    (1) A brief written description of the procedures used in awarding 
the contract, including the fact that the test procedures in FAR subpart 
13.5 were used;
    (2) The number of offers received;
    (3) An explanation, tailored to the size and complexity of the 
acquisition, of the basis for the contract award decision; and
    (4) Any justification approved under paragraph (a) of this section.

[62 FR 64917, Dec. 9, 1997, as amended at 64 FR 72448, Dec. 27, 1999; 66 
FR 2128, Jan. 10, 2001; 68 FR 4050, Jan. 27, 2003]