[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR13.003]



[Page 208-209]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 13_SIMPLIFIED ACQUISITION PROCEDURES--Table of Contents

 

Sec. 13.003  Policy.



    (a) Agencies shall use simplified acquisition procedures to the 

maximum extent practicable for all purchases of supplies or services not 

exceeding the simplified acquisition threshold (including purchases at 

or below the micro-purchase threshold). This policy does not apply if an 

agency can meet its requirement using--

    (1) Required sources of supply under part 8 (e.g., Federal Prison 

Industries, Committee for Purchase from People Who are Blind or Severely 

Disabled, and Federal Supply Schedule contracts);

    (2) Existing indefinite delivery/indefinite quantity contracts; or

    (3) Other established contracts.

    (b)(1) Each acquisition of supplies or services that has an 

anticipated dollar value exceeding $2,500 ($15,000 for acquisitions as 

described in 13.201(g)(1)) and not exceeding $100,000 ($250,000 for 

acquisitions described in paragraph (1) of the Simplified Acquisition 

Threshold definition at 2.101) is reserved exclusively for small 

business concerns and shall be set aside (see 19.000 and Subpart 19.5). 

See 19.502-2 for exceptions.

    (2) The contracting officer may set aside for HUBZone small business 

concerns (see 19.1305) or service-disabled veteran-owned small business 

concerns (see 19.1405) an acquisition of supplies or services that has 

an anticipated dollar value exceeding the micro-purchase threshold and 

not exceeding the simplified acquisition threshold. The contracting 

officer's decision not to set aside an acquisition for HUBZone small 

business or service-disabled veteran-owned small business concerns 

participation below the simplified acquisition threshold is not subject 

to review under Subpart 19.4.

    (3) Each written solicitation under a set-aside shall contain the 

appropriate provisions prescribed by part 19. If the solicitation is 

oral, however, information substantially identical to that in the 

provision shall be given to potential quoters.

    (c)(1) The contracting officer shall not use simplified acquisition 

procedures to acquire supplies and services if the anticipated award 

will exceed--

    (i) The simplified acquisition threshold; or

    (ii) $5 million ($10 million for acquisitions as described in 

13.500(e)), including options, for acquisitions of commercial items 

using Subpart 13.5.

    (2) Do not break down requirements aggregating more than the 

simplified acquisition threshold (or for commercial items, the threshold 

in Subpart 13.5) or the micro-purchase threshold into several purchases 

that are less than the applicable threshold merely to--

    (i) Permit use of simplified acquisition procedures; or

    (ii) Avoid any requirement that applies to purchases exceeding the 

micro-purchase threshold.

    (d) An agency that has specific statutory authority to acquire 

personal services (see 37.104) may use simplified



[[Page 209]]



acquisition procedures to acquire those services.

    (e) Agencies shall use the Governmentwide commercial purchase card 

and electronic purchasing techniques to the maximum extent practicable 

in conducting simplified acquisitions.

    (f) Agencies shall maximize the use of electronic commerce when 

practicable and cost-effective (see Subpart 4.5). Drawings and lengthy 

specifications can be provided off-line in hard copy or through other 

appropriate means.

    (g) Authorized individuals shall make purchases in the simplified 

manner that is most suitable, efficient, and economical based on the 

circumstances of each acquisition. For acquisitions not expected to 

exceed--

    (1) The simplified acquisition threshold for other than commercial 

items, use any appropriate combination of the procedures in parts 13, 

14, 15, 35, or 36, including the use of Standard Form 1442, 

Solicitation, Offer, and Award (Construction, Alteration, or Repair), 

for construction contracts (see 36.701(a)); or

    (2) $5 million ($10 million for acquisitions as described in 

13.500(e)), for commercial items, use any appropriate combination of the 

procedures in Parts 12, 13, 14, and 15 (see paragraph (d) of this 

section).

    (h) In addition to other considerations, contracting officers 

shall--

    (1) Promote competition to the maximum extent practicable (see 

13.104);

    (2) Establish deadlines for the submission of responses to 

solicitations that afford suppliers a reasonable opportunity to respond 

(see 5.203);

    (3) Consider all quotations or offers that are timely received. For 

evaluation of quotations or offers received electronically, see 13.106-

2(b)(3); and

    (4) Use innovative approaches, to the maximum extent practicable, in 

awarding contracts using simplified acquisition procedures.



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

FR 70267, Dec. 18, 1998; 67 FR 56121, Aug. 30, 2002; 68 FR 4050, Jan. 

27, 2003; 69 FR 8314, Feb. 23, 2004; 69 FR 25276, May 5, 2004; 69 FR 

59699, Oct. 5, 2004; 69 FR 76351, Dec. 20, 2004]