[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: 48CFR13.106-1]



[Page 212-213]

 

            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.



[[Page 213]]



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]