Session 4 Flashcards
FAR Part 13 – Simplified Acquisition
Policy
Policy
•Agencies shall use SAP to the maximum extent practicable for all purchases of supplies or services not exceeding the simplified acquisition threshold (SAT) (including purchases at or below the micro-purchase threshold).
•Policy does not apply if an agency can meet 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.
FAR 13.003
FAR Part 13 – Simplified Acquisition
Policy, cont’d
•Each acquisition of supplies or services
Policy, cont’d
•Each acquisition of supplies or services that…
–has an anticipated dollar value exceeding $3,000 ($15,000 for acquisitions as described in 13.201(g)(1))
–and not exceeding $150,000 ($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 19.000(b) and 19.502-2 for exceptions.
FAR 13.003(b)
FAR Part 13 – Simplified Acquisition
Policy “Do Not’s”
Policy “Do Not’s”
•The contracting officer shall not use SAP to acquire supplies and services if the anticipated award will exceed—
(i)The SAT; or
(ii)$6.5 million ($12 million for acquisitions as described in 13.500(e)), including options, for acquisitions of commercial items using Subpart 13.5.
•Do not break down requirements aggregating more than the SAT (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 SAP; or
(ii)Avoid any requirement that applies to purchases exceeding the micro-purchase threshold.
FAR 13.003(c)
FAR Part 13 – Simplified Acquisition
Competition
Competition
•When soliciting competition, the CO shall consider the following:
–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.
–An electronic commerce method that employs widespread electronic public notice is not available;
–The urgency of the proposed purchase.
–The dollar value of the proposed purchase.
–Past experience concerning specific dealers’ prices.
FAR Part 13 – Simplified Acquisition
Competition, cont’d.
Competition, cont’d.
•When soliciting quotations or offers, the CO shall notify potential offerors of the basis on which award will be made (price alone or price and other factors, e.g., past performance and quality).
•COs are also 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.
FAR 13.106-1(a)(2)
FAR Part 13 – Simplified Acquisition
Sole Source
Sole Source
•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, brand name, or industrial mobilization).
•For sole source (including brand name) acquisitions of commercial items in excess of the simplified acquisition threshold conducted pursuant to subpart 13.5, the requirements at13.501(a) apply
FAR 13.106-1(b)
FAR Part 13 – Simplified Acquisition
Evaluation Procedures
Evaluation Procedures
•The contracting officer has broad discretion in fashioning suitable evaluation procedures. The procedures prescribed in parts 14 and 15 are not mandatory. At the contracting officer’s discretion, one or more, but not necessarily all, of the evaluation procedures in part 14 or 15 may be used.
FAR 13.106-2(b)(1)
FAR Part 13 – Simplified Acquisition
Actions at or Below the Micro-Purchase Threshold
Actions at or Below the Micro-Purchase Threshold
•The Governmentwide commercial purchase card shall be the preferred method to purchase and to pay for micro-purchases (see 2.101).
•Purchases at or below the micro-purchase threshold may be conducted using any of the methods described in subpart 13.3, provided the purchaser is authorized and trained, pursuant to agency procedures, to use those methods.
FAR 13.201
FAR Part 13 – Simplified Acquisition
Actions at or Below the Micro-Purchase Threshold (cont’d)
Actions at or Below the Micro-Purchase Threshold (cont’d)
•For acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operations or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack, the micro-purchase threshold is–
(i) $15,000 in the case of any contract to be awarded and performed, or purchase to be made, inside the United States; and
(ii) $30,000 in the case of any contract to be awarded and performed, or purchase to be made, outside the United States.
FAR 13.201
FAR Part 13 – Simplified Acquisition
Simplified Acquisition Methods 1
Simplified Acquisition Methods
•Governmentwide commercial purchase card is authorized for use in making and/or paying for purchases of supplies, services, or construction.
•Purchase orders generally are issued on a fixed-price basis.
–In accordance with 31 U.S.C. 3332, electronic funds transfer (EFT) is required for payments except as provided in 32.1110. See subpart 32.11 for instructions for use of the appropriate clause in purchase orders. When obtaining oral quotes, the contracting officer shall inform the quoter of the EFT clause that will be in any resulting purchase order.
FAR Part 13 – Simplified Acquisition
Simplified Acquisition Methods 2
•An unpriced purchase order is an order for supplies or services, the price of which is not established at the time of issuance of the order.
•A blanket purchase agreement (BPA) is a simplified method of filling anticipated repetitive needs for supplies or services by establishing “charge accounts’’ with qualified sources of supply (see subpart 16.7 for additional coverage of agreements).
•Imprest funds and third party drafts may be used to acquire and to pay for supplies or services.
FAR 13.3
FAR Part 13 – Simplified Acquisition
SF 44, Purchase Order – Invoice – Voucher
SF 44, Purchase Order – Invoice – Voucher
•A multipurpose pocket-size purchase order form designed primarily for on-the-spot, over-the-counter purchases of supplies and nonpersonal services while away from the purchasing office or at isolated activities. It also can be used as a receiving report, invoice, and public voucher.
(a) This form may be used if all of the following conditions are satisfied:
(1) The amount of the purchase is at or below the micro-purchase threshold, except for purchases made under unusual and compelling urgency or in support of contingency operations. Agencies may establish higher dollar limitations for specific activities or items;
(2) The supplies or services are immediately available;
(3) One delivery and one payment will be made.
(4) Its use is determined to be more economical and efficient than use of other simplified acquisition procedures
FAR 13.306
FAR Part 13 – Simplified Acquisition
Fast Payment Procedure
Fast Payment Procedure
•Allows payment under limited conditions to a contractor prior to the Government’s verification that supplies have been received and accepted.
•The conditions for use of the fast payment procedure are as follows:
(a) Individual purchasing instruments do not exceed $30,000 (exceptions are permitted).
(b) Deliveries of supplies are to occur at locations where there is both a geographical separation and a lack of adequate communications facilities between Government receiving and disbursing activities that will make it impractical to make timely payment based on evidence of Government acceptance.
FAR 13.4
FAR Part 14 – Sealed Bidding
FAR Part 14 – Sealed Bidding •Sealed bidding is a method of contracting that employs competitive bids, public opening of bids, and awards. The following steps are involved: (a) Preparation of invitations for bids. (b) Publicizing the invitation for bids. (c) Submission of bids. (d) Evaluation of bids. (e) Contract award - to low, responsible bidder FAR 14.101
FAR Part 14 – Sealed Bidding
Requirements
FAR Part 14 – Sealed Bidding
Requirements
•Use Uniform Contract Format to extent practicable
•Simplified format is also permitted
•Allow reasonable time for prospective bidders to prepare and submit bids
•Only require bid samples when necessary
•Do not request descriptive literature unless needed prior to award to determine if products meet the specs.
•A pre-bid conference may be used as a means of briefing prospective bidders and explaining complicated specifications and requirements to them as early as possible after the invitation has been issued and before the bids are opened. It shall never be used as a substitute for amending a defective or ambiguous invitation. (FAR 14.207)
FAR 14.2
FAR Part 14 – Sealed Bidding
Responsiveness
1.Bids/offers must comply in all material respects with the invitation for bids.
2.Telegraphic and Faxed bids shall not be considered unless permitted by the invitation.
3.Bids should be filled out, executed, and submitted in accordance with the instructions of the invitation.
4.Bids submitted via electronic commerce may only be considered if the method was stipulated or permitted in the instructions.
FAR 14.301
FAR Part 14 – Sealed Bidding
Responsiveness
Responsiveness
1.Bids/offers must comply in all material respects with the invitation for bids.
2.Telegraphic and Faxed bids shall not be considered unless permitted by the invitation.
3.Bids should be filled out, executed, and submitted in accordance with the instructions of the invitation.
4.Bids submitted via electronic commerce may only be considered if the method was stipulated or permitted in the instructions.
FAR 14.301
FAR Part 14 – Sealed Bidding
Late Bids: a bid received, in the office designated in the IFB, before award but after the exact time set for opening.
Late Bids: a bid received, in the office designated in the IFB, before award but after the exact time set for opening.
Late bids shall not be considered except:
•received before award is made,
•the CO determines that no undue delay will occur and:
(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or
(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government’s control prior to the time set for receipt of bids.