[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: 48CFR13.501]



[Page 224]

 

            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 Services Acquisition Reform Act of 2003 

(41 U.S.C. 428a).

    (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 or, for DoD, NASA, and the Coast Guard, not 

exceeding $75,000,000, 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 or, for DoD, 

NASA, and the Coast Guard, $75,000,000, 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; 69 FR 8314, Feb. 23, 

2004; 69 FR 76352, Dec. 20, 2004; 70 FR 57457, Sept. 30, 2005]