[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Proposed Rules]
[Pages 12366-12384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5451]
[[Page 12365]]
_______________________________________________________________________
Part IX
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Part 2, et al.
Federal Acquisition Regulation; Simplified Acquisition Procedures,
Federal Acquisition Computer Network Requirements (FACNET) and
Electronic Contracting; Proposed Rules
Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed
Rules
[[Page 12366]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 3, 4, 5, 6, 8, 9, 13, 15, 16, 22, 23, 25, 27, 28,
29, 32, 36, 41, 42, 43, 44, 45, 46, 47, 49, 52, and 53
[FAR Case 94-770]
RIN 9000-AG18
Federal Acquisition Regulation; Simplified Acquisition
Procedures/FACNET
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: This proposed rule is issued pursuant to the new simplified
acquisition and Federal Acquisition Computer Network (FACNET)
requirements of the Federal Acquisition Streamlining Act of 1994 (the
Act). This regulatory action was subject to Office of Management and
Budget review under Executive Order 12866 dated September 30, 1993.
DATES: Comments: Comments should be submitted on or before May 5, 1995
to be considered in the formulation of a final rule.
Public Meeting: A public meeting will be held on April 3, 1995, at
9:30 a.m. in the GSA Auditorium on the first floor of the GSA Building.
Oral and Written Statements: Persons wishing to make oral or
written statements at the public meeting should submit to the FAR
Secretariat a copy of the presentation by March 29, 1995.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (VRS), 18th & F
Streets, NW, Room 4037, Washington, DC 20405.
Please cite FAR case 94-770 in all correspondence related to this
case.
FOR FURTHER INFORMATION CONTACT: Diana Maykowskyj, Team Leader,
Simplified Acquisition Procedures/FACNET Team, on (703) 274-6307 in
reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
755. Please cite FAR Case 94-770, Simplified Acquisition Procedures.
SUPPLEMENTARY INFORMATION:
A. Background
The Federal Acquisition Streamlining Act of 1994, Pub. L. 103-355,
(the Act) provides authorities that streamline the acquisition process
and minimize burdensome Government-unique requirements. Major changes
that can be expected in the acquisition process as a result of the
Act's implementation include the areas of commercial item acquisition,
simplified acquisition procedures, the Truth in Negotiation Act and
FACNET.
The terms ``simplified acquisition'' and ``Federal Acquisition
Computer Network (FACNET)'' are defined by the Federal Acquisition
Streamlining Act of 1994 (the Act). The Act defines the simplified
acquisition threshold as $100,000. It limits use of simplified
acquisition procedures by procurement activities not having certified
Interim FACNET to procurements not exceeding $50,000. Use of simplified
acquisition procedures is also limited to procurements not exceeding
$50,000 if an agency does not have certified Full FACNET by January 1,
2000.
Review of the law and the proposed implementing rule requires that
the difference between the simplified acquisition threshold and the use
of simplified acquisition procedures be recognized. The simplified
acquisition threshold is $100,000. The authority to use simplified
acquisition procedures depends on implementation and proper
certification of FACNET.
This rule proposes to incorporate FAR Subpart 4.5 for FACNET
information and guidance. FAR Subpart 4.5 provides definitions,
certification information, and exemptions in accordance with the Act.
FAR case 91-104 (``Electronic Commerce'') and this implementation of
the Act are interdependent and are meant to be considered jointly.
Reviewers are advised that FACNET is not a single electronic system
that will be used by all executive agencies. It is, however, a
universal electronic capability that will permit potential contractors
to, as a minimum, obtain information on proposed procurements, submit
questions, and receive awards on a government-wide basis. Each agency
will determine the system(s) that will be used by its procuring
activities so that they can certify Interim FACNET for those activities
and Full FACNET for the agency. The Act and the proposed rule also
provide for exempting individual procurements and procuring activities
from the use of FACNET. This becomes significant when agencies certify
Full FACNET which is based, in part, on the percentage of non-exempt
transactions which were made through FACNET during the previous fiscal
year.
Implementation of FACNET (Electronic Commerce) will include a
vendor registration requirement for any business entity wishing to do
business with the Government electronically. Contractor's information
will be submitted to the Centralized Contractor Registration System in
accordance with the Federal implementation conventions.
There are technical requirements and other procedures with respect
to FACNET that are not appropriate for coverage in the FAR but are
needed by executive agencies to fully implement FACNET. This
information will be disseminated via other appropriate means.
Public Meeting. A public meeting will be held on April 3, 1995 at
9:30 a.m. in the GSA Auditorium to enable the public to present its
views on this rule. This rule will only be discussed at the public
meeting session. Any subsequent public meetings will be devoted to
other revisions to the FAR. Persons or organizations wishing to make
presentations will be allowed 10 minutes each to present their views,
provided they notify the FAR Secretariat, at (202) 501-4755. Written
statements for presentation should be submitted to the FAR Secretariat
by March 29, 1995. Persons or organizations with similar positions are
encouraged to select a common spokesman for presentation of their
views. This meeting, in conjunction with the Federal Register notice
soliciting public comments on the rule, will be the only opportunity
for the public to present its views.
This rule overlaps in some areas with the ``Electronic Commerce''
rule (FAR case 91-104) appearing elsewhere in this issue of the Federal
Register. Presenters are welcome to submit prepared statements
concerning the ``electronic commerce'' rule to the extent that the
statement has some interrelation with this simplified acquisition/
FACNET rule.
Interested members of the public may obtain a copy of the desired
rule from the FAR Secretariat, see ADDRESSES caption.
B. Regulatory Flexibility Act
The proposed rule may have a significant positive economic impact
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. because it is
designed to reduce the burden on entities desiring to do business with
the Government and will apply to all large and small business
[[Page 12367]] entities, and all educational and non-profit
organizations who are interested in participating in Government
acquisitions. The proposed rule establishes the simplified acquisition
threshold and sets forth policies and guidance for the implementation
of FACNET pursuant to the Act. The implementation of FACNET will
provide for electronic exchange of acquisition information between the
private sector and the Federal Government that will increase the
opportunities for vendors currently doing business with the Government,
particularly small businesses. As a result of the Act, procurements
between $2,500 and $100,000 are exclusively reserved for small
business. It is recognized that an initial start-up cost will be
incurred for purchase of personal computer, modem, software, and
telephone lines estimated to be $1,500. Additionally, it is anticipated
that most small businesses will subscribe to third party value added
network (VAN) service to facilitate their communications with the
Government's computers. The cost of advance subscription ranges from
approximately $30 to $100 per month, depending on the type of services
obtained. The benefit of increased business opportunities should far
outweigh these initial start-up costs.
An Initial Regulatory Flexibility Analysis (IRFA) has been prepared
and will be provided to the Chief Council for Advocacy for the Small
Business Administration. A copy of the IRFA may be obtained from the
FAR Secretariat. Comments from small entities concerning the affected
FAR parts will also be considered in accordance with 5 U.S.C. 610. Such
comments must be submitted separately and cite 5 U.S.C. 601, et seq.
(FAR case 94-770), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) applies because the
proposed rule contains information collection requirements that need
the approval of the Office of Management and Budget (OMB) under 44.
U.S.C. 3501 et seq. Contractors will be required to electronically
register with the Federal Contractor Registration System operated by
the Defense Information Megacenter. The information to be provided
electronically is information currently reported under several existing
forms, including SF-129, Solicitation Mailing List Application, the SF-
3881, ACH vendor/Miscellaneous Payment Enrollment Form, and the DD-
2051, request for Assignment of a Commercial and Government Entity
information pertaining to their EDI capabilities. Establishment of a
central registration system should eliminate the need to submit
multiple registrations with each contracting office the contractor is
doing business with.
A request for approval of a new information collection requirement
concerning simplified acquisition procedures is being submitted to the
OMB. Public comments concerning this request are invited through a
Federal Register notice published elsewhere in this issue.
List of Subjects in 48 CFR Parts 2, 3, 4, 5, 6, 8, 9, 13, 15, 16,
22, 23, 25, 27, 28, 29, 32, 36, 41, 42, 43, 44, 45, 46, 47, 49, 52,
and 53
Government procurement.
Edward C. Loeb,
Deputy Project Manager for Implementation of the Federal Acquisition
Streamlining Act of 1994.
Therefore, 48 CFR Chapter 1 is proposed to be amended as set forth
below:
1. The authority citation for 48 CFR Parts 2, 3, 4, 5, 6, 8, 9, 13,
15, 16, 22, 23, 25, 27, 28, 29, 32, 36, 41, 42, 43, 44, 45, 46, 47, 49,
52, and 53 continues to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. Chapter 137; and 42
U.S.C. 2473(c).
PART 2--DEFINITIONS OF WORDS AND TERMS
2. Section 2.201 is revised to read as follows:
2.201 Contract clause.
The contracting officer shall insert the clause at 52.202-1,
Definitions, in solicitations and contracts except when the contract is
not expected to exceed the simplified acquisition threshold in Part 13.
If the contract is for personal services, construction, architect-
engineer services, or dismantling, demolition, or removal of
improvements, the contracting officer shall use the clause with its
Alternate I. Additional definitions may be included, provided they are
consistent with the clause and the FAR.
PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
3. Section 3.103-1 is amended by revising paragraph (a) to read as
follows:
3.103-1 Solicitation provision.
* * * * *
(a) The acquisition is to be made under the simplified acquisition
procedures in Part 13;
* * * * *
4. Section 3.104-10 is amended by revising paragraph (c) to read as
follows:
3.104-10 Solicitation provision and contract clauses.
* * * * *
(c) The contracting officer shall insert the clause at 52.203-10,
Price or Fee Adjustment for Illegal or Improper Activity, in all
solicitations where the resultant contract award is expected to exceed
the simplified acquisition threshold (see 13.000) and all contracts and
modifications to contracts exceeding that threshold which do not
already contain the clause when the modification is expected to exceed
that threshold.
* * * * *
5. Section 3.404 is amended by revising paragraphs (b)(1) and (c)
to read as follows:
3.404 Solicitation provision and contract clause.
* * * * *
(b) * * *
(1) The contract amount is expected to be at or below the
simplified acquisition threshold in Part 13;
* * * * *
(c) The contracting officer shall insert the clause at 52.203-5,
Covenant Against Contingent Fees, in solicitations and contracts
exceeding the simplified acquisition threshold.
6. Section 3.502-3 is revised to read as follows:
3.502-3 Contract clause.
The contracting officer shall insert the clause at 52.203-7, Anti-
Kickback Procedures, in solicitations and contracts exceeding the
simplified acquisition threshold in Part 13.
7. Section 3.503-2 is revised to read as follows:
3.503-2 Contract clause.
The contracting officer shall insert the clause at 52.203-6,
Restrictions on Subcontractor Sales to the Government, in solicitations
and contracts exceeding the simplified acquisition threshold in Part
13.
PART 4--ADMINISTRATIVE MATTERS
8. Part 4 is amended by adding Subpart 4.5, consisting of sections
4.500 through 4.507, to read as follows:
Subpart 4.5--Electronic Commerce in Contracting
Sec.
4.500 Scope of subpart.
4.501 Definitions.
4.502 Policy.
4.503 Contractor registration.
4.504 FACNET functions.
4.505 FACNET certification. [[Page 12368]]
4.505-1 Interim certification.
4.505-2 Full certification.
4.505-3 Governmentwide certification.
4.505-4 Contract actions excluded.
4.506 Exemptions.
4.507 Contract actions using simplified acquisition procedures.
4.500 Scope of subpart.
This subpart provides policy and procedures for the establishment
and use of FACNET as required by Section 30 of the Office of Federal
Procurement Policy (OFPP) Act (41 U.S.C. 426).
4.501 Definitions.
``ANSI X12'' means the designation assigned by the American
National Standards Institute (ANSI) for the structure, format, and
content of electronic business transactions conducted through
Electronic Data Interchange (EDI). The American National Standards
Institute is the coordinator and clearinghouse for national standards
in the United States.
``Federal Acquisition Computer Network (FACNET)'' means the
governmentwide Electronic Commerce/Electronic Data Interchange systems
architecture for the acquisition of supplies and services that provides
for electronic data interchange of acquisition information between the
government and the private sector, employs nationally and
internationally recognized data formats, and provides universal user
access.
``Full FACNET'' means an agency has certified that it has
implemented all of the FACNET functions outlined in 4.504 and more than
75 percent of eligible contracts (not otherwise exempted from FACNET)
in amounts exceeding the micro-purchase threshold, but not exceeding
the simplified acquisition threshold (see Part 13), were entered into
by the agency during the preceding fiscal year using FACNET.
``Governmentwide FACNET'' means that the Federal government has
certified its FACNET capability and more than 75 percent of eligible
contracts in amounts exceeding the micro-purchase threshold, but not
exceeding the simplified acquisition threshold (see Part 13), entered
into by the executive agencies during the preceding fiscal year were
made through full FACNET.
``Interim FACNET'' means a contracting activity has been certified
as having implemented a capability to provide widespread public notice
of, and issue, solicitations and receive responses to solicitations and
associated requests for information through FACNET. Such capability
must allow the private sector to access notices of solicitations,
access and review solicitations, and respond to solicitations.
``Transaction Set'' means the data that is exchanged to convey
meaning between Trading Partners engaged in EC/EDI.
``Value-Added Network (VAN)'' means an entity that provides
communications services, electronic mailboxing and other communications
services for EDI transmissions.
``Value-Added Service (VAS)'' means an entity that provides
services beyond communications to its customers. These services may
range from translation and segregation of the data to complete turn-key
business systems support for customers.
4.502 Policy.
(a) The Federal government shall acquire supplies and services via
FACNET whenever practicable or cost effective.
(b) FACNET is the preferred method of acquiring supplies and
services exceeding the micro-purchase threshold and not exceeding the
simplified acquisition threshold (see 13.103(b)).
(c) Contracting officers are authorized to use FACNET for any
contract action governed by the FAR, unless specifically exempted by
agencies.
(d) Before using electronic data interchange, agencies shall ensure
that the electronic data interchange system is capable of ensuring
authentication and confidentiality commensurate with the risk and
magnitude of the harm from loss, misuse, or unauthorized access to or
modification of the information.
4.503 Contractor registration.
(a) In order for a contractor to conduct electronic commerce with
the Federal government, the contractor must provide registration
information to the Centralized Contractor Registration System.
(b) The contractor will be required to submit information in
accordance with the Federal implementation conventions of the ASC ANSI
X.12 transaction set for contractor registration.
4.504 FACNET functions.
(a) FACNET shall allow agencies to do the following
electronically--
(1) Provide widespread public notice of contracting opportunities,
and issue solicitations;
(2) Receive responses to solicitations and associated requests for
information;
(3) Provide public notice of awards of contracts and orders
(including price);
(4) Receive questions regarding solicitations, if practicable;
(5) Issue contracts and orders, if practicable;
(6) Initiate payments to contractors, if practicable; and,
(7) Archive data relating to each procurement action.
(b) FACNET shall allow the private sector to do the following
electronically:
(1) Access notices of solicitations;
(2) Access and review solicitations;
(3) Respond to solicitations;
(4) Receive contracts and orders, if practicable;
(5) Access information on awards of contracts and orders; and,
(6) Receive payment by purchase card, electronic funds transfer, or
other automated means, if practicable.
4.505 FACNET certification.
4.505-1 Interim certification.
A contracting activity is considered to have implemented interim
FACNET if:
(a) The contracting activity has implemented the FACNET functions
described in 4.504(a) (1) and (2), and (b) (1), (2), and (3); and
issues notices of solicitations and receives responses to solicitations
in a system having those functions.
(b) The contracting activity is using FACNET for contracts (not
otherwise exempted, see 4.506), that exceed the micro-purchase
threshold and do not exceed the simplified acquisition threshold;
(c) The senior procurement executive of the agency, or the Under
Secretary of Defense for Acquisition and Technology for the Department
of Defense, has certified to the Administrator of OFPP that the
contracting activity has implemented interim FACNET.
(d) The senior procurement executive of the agency, or the Under
Secretary of Defense for Acquisition and Technology for the Department
of Defense, shall notify the private sector via the Commerce Business
Daily that a contracting activity of the agency has certified interim
FACNET. The notice shall establish a date after which it will be
required that all responses to solicitations issued by the contracting
activity through FACNET, must be submitted through FACNET, unless
otherwise authorized.
4.505-2 Full certification.
An agency is considered to have implemented full FACNET if:
(a) The agency has implemented all of the FACNET functions
described in 4.504; and
(b) During the preceding fiscal year, more than 75 percent of the
agency's eligible contract actions, not otherwise exempted (see 4.506),
that exceeded the micro-purchase threshold but did not exceed the
simplified acquisition threshold were made via FACNET;
and [[Page 12369]]
(c) The head of the agency, with the concurrence of the
Administrator of OFPP, has certified to the Congress that the agency
has implemented full FACNET.
(d) Eligible contracts do not include any class or classes of
contracts that the Federal Acquisition Regulatory Council determines,
after October 13, 1997, are not suitable for acquisition through
FACNET.
4.505-3 Governmentwide certification.
The Federal Government is considered to have implemented
Governmentwide FACNET if:
(a) During the preceding fiscal year, at least 75 percent of
eligible contracts entered into by executive agencies that exceeded the
micro-purchase threshold and did not exceed the simplified acquisition
threshold were made via full FACNET; and
(b) The Administrator of OFPP has certified implementation of
governmentwide FACNET to the Congress.
4.505-4 Contract actions excluded.
For purposes of calculating the percentage of FACNET use referred
to in 4.505-2 and 4.505-3, actions issued against established
contracts, such as delivery orders, task orders, and in scope
modifications shall not be included.
4.506 Exemptions.
The following contracts are exempted from the use of FACNET, as
specified below, and shall not be considered when determining
compliance with the requirements to implement FACNET:
(a) Interim FACNET.
(1) Classes of procurements exempted by the head of the contracting
activity after a written determination is made that FACNET processing
of those procurements is not cost effective or practicable; and
specific purchases for which the contracting officer determines that it
is not practicable or cost effective to process via FACNET. Such
determinations shall be centrally maintained at the contracting
activity.
(2) Contracts that do not require notice under subpart 5.202.
(b) Full FACNET--Contracts made by a contracting activity (or a
portion of a contracting activity), if the activity is exempted from
use of FACNET by the head of the agency or the Under Secretary of
Defense for Acquisition and Technology for the Department of Defense.
Any such exemption shall be based on a written determination that
FACNET processing is not cost effective or practicable for the
contracting activity, or portions thereof. Determinations shall be
maintained in the office of the senior procurement executive or the
Under Secretary of Defense for Acquisitions and Technology for the
Department of Defense.
4.507 Contract actions using simplified acquisition procedures.
Contracting officers shall refer to section 13.106 for evaluation
and documentation requirements when awarding contracts using simplified
acquisition procedures.
9. Section 4.800 is revised to read as follows:
4.800 Scope of subpart.
This subpart prescribes requirements for establishing, maintaining,
and disposing of contract files for all contractual actions. The
application of this subpart to contracts made using the simplified
acquisition procedures covered by Part 13 is optional. (See also
documentation requirements in 13.106-2).
10. Section 4.804-1 is amended by revising paragraphs (a)(1) and
(a)(2) to read as follows:
4.804-1 Closeout by the office administering the contract.
(a) * * *
(1) Files for contracts using simplified acquisition procedures
should be considered closed when the contracting officer receives
evidence of receipt of property and final payment, unless otherwise
specified by agency regulations.
(2) Files for firm-fixed-price contracts other than those using
simplified acquisition procedures should be closed within 6 months
after the date in which the contracting officer receives evidence of
physical completion.
* * * * *
11. Section 4.804-2 is amended by revising paragraph (a) to read as
follows:
4.804-2 Closeout of the contracting office files if another office
administers the contract.
(a) Contract files for contracts using simplified acquisition
procedures should be considered closed when the contracting officer
receives evidence of receipt of property and final payment, unless
otherwise specified by regulation.
* * * * *
12. Section 4.805 is amended in the table in paragraph (b) by
revising the entries in the ``Document'' column of paragraphs (b)(5),
(10), (11), and (13) to read as follows:
4.805 Storage, handling and disposal of contract files.
* * * * *
(b) * * *
------------------------------------------------------------------------
Retention
Document period
------------------------------------------------------------------------
* * * * *
(5) Unsuccessful offers or quotations that pertain to
contracts using simplified acquisition procedures........... .........
* * * * *
(10) Records or documents other than those in paragraphs
4.805(b) (1)-(9) of this section pertaining to contracts
using simplified acquisition procedures..................... .........
* * * * *
(11) Records or documents other than those in paragraphs
4.805(b) (1)-(10) of this section pertaining to contracts
using simplified acquisition procedures..................... .........
* * * * *
(13) Solicited and unsolicited unsuccessful offers and
quotations above the appropriate simplified acquisition
threshold in Part 13........................................ .........
* * * * *
------------------------------------------------------------------------
PART 5--PUBLICIZING CONTRACT ACTIONS
13. Section 5.002 is amended by revising paragraph (c) to read as
follows:
5.002 Policy.
* * * * *
(c) Assist small business concerns, small disadvantaged business
concerns, and women owned small businesses in obtaining contracts and
subcontracts.
14. Section 5.101 is amended by revising paragraphs (a)
introductory text, (a)(1), and (a)(2) introductory text and (a)(2)(ii)
to read as follows:
5.101 Methods of disseminating information.
* * * * *
(a) As required by the Small Business Act (U.S.C. 637(e)) and the
Office of Federal Procurement Policy Act (41 U.S.C. 416), and unless
the contract action is being made by a contracting activity that has
been certified as having implemented a system with interim (until
December 31, 1999) or full (after December 31, 1999) FACNET and the
contract action will be made through FACNET, contracting officers shall
disseminate information on proposed contract actions as follows:
(1) For contract actions expected to exceed $25,000, by synopsizing
in the [[Page 12370]] Commerce Business Daily (CBD) (see section
5.201); and
(2) For proposed contract actions expected to exceed $10,000
($5,000 for Defense activities), but not expected to exceed $25,000, by
displaying in a public place at the contracting office issuing the
solicitation, an unclassified notice of the solicitation or a copy of
the solicitation satisfying the requirements of 5.207(c) and (f). The
notice shall include a statement that all responsible sources may
submit a quotation which, if timely received, shall be considered by
the agency. Such information shall be posted not later than the date
the solicitation is issued and remain posted for at least 10 days or
until after quotations have been opened, whichever is later.
* * * * *
(ii) The contracting officer need not comply with the display
requirements set forth above when the exemptions at 5.202(a)(1), (5)
through (9) or (11) apply, or when oral solicitations are used. The
exemption from display requirements does not relieve the contracting
officer from the responsibility to consider all quotations timely
received from responsible sources.
* * * * *
15. Section 5.202 is amended by adding paragraph (a)(13) to read as
follows:
5.202 Exceptions.
* * * * *
(a) * * *
13. The contract action is for an amount at or below $250,000 and
is made through certified FACNET after Governmentwide FACNET has been
certified. This exception does not apply when the contract action is
not made through certified FACNET. (see Subpart 4.5)
* * * * *
16. Section 5.203 is amended by redesignating paragraphs (b)
through (f) as (c) through (g), adding a new paragraph (b) and and
revising newly designated (c), (d), and (e) to read as follows:
5.203 Publicizing and response time.
* * * * *
(b) The contracting officer shall establish a solicitation response
time which will afford potential offerors a reasonable opportunity to
respond for each contract action, including actions via FACNET, in an
amount estimated to be greater than $25,000, but not greater than the
simplified acquisition threshold. The contracting officer should
consider the circumstances of the individual procurement such as the
complexity, commerciality (see Part 12), availability, and urgency when
establishing the solicitation response time.
(c) Agencies shall allow at least a 30 day response time for
receipt of bids or proposals from the date of issuance of a
solicitation if the contract action is expected to exceed the
simplified acquisition threshold.
(d) Agencies shall allow at least a 30 day response time from the
date of publication of a proper notice of intent to contract for
architect-engineer services or before issuance of an order under a
basic ordering agreement or similar arrangement if the contract action
is expected to exceed the simplified acquisition threshold.
(e) Agencies shall allow at least a 45 day response time for
receipt of bids or proposals from the date of publication of the notice
required in 5.201 for contract actions categorized as research and
development if the contract action is expected to exceed the simplified
acquisition threshold.
* * * * *
17. Section 5.205 is amended by revising paragraph (d)(1) to read
as follows:
5.205 Special situations.
* * * * *
(d) * * *
(1) Except when exempted by 5.202, synopsize each proposed contract
action for which the total fee (including phases and options) is
expected to exceed $25,000. Reference shall be made to the appropriate
CBD Numbered Note.
* * * * *
18. Section 5.207 is amended by redesignating paragraphs (c)(2)(xi)
through (c)(2)(xv) as (c)(2)(xii) through (c)(2)(xvi), adding new
paragraph (c)(2)(xi), and revising newly redesignated (c)(2)(xiv) to
read as follows:
5.207 Preparation and transmittal of synopses.
* * * * *
(c) * * *
(2) * * *
(xi) For a contract action in an amount estimated to be greater
than $25,000 but not greater than the simplified acquisition threshold,
enter (A) a description of the procedures to be used in awarding the
contract (e.g., request for quotation or solicitation) and (B) the
anticipated award date.
* * * * *
(xiv) In the case of noncompetitive contract actions insert a
statement of the reason justifying other than full and open
competition, and identify the intended source(s) (see 5.207(e)(3)).
* * * * *
19. Section 5.301 is amended by adding a new (b)(7) to read as
follows:
5.301 General.
* * * * *
(b) * * *
(7) The contract action is for an amount greater than $25,000 but
not greater than the simplified acquisition threshold, the contract
action is made by a contracting activity that has been certified as
having implemented a system with interim (until December 31, 1999) or
full (after December 31, 1999) FACNET, and the contract action has been
made through FACNET.
* * * * *
20. Section 5.303 is amended by revising the introductory text of
paragraph (b) to read as follows:
5.303 Announcement of contract awards.
* * * * *
(b) Local announcement. Agencies may also release information on
contract awards to the local press or other media. When local
announcements are made for contract awards in excess of the simplified
acquisition threshold in 13.000, they shall include--
* * * * *
21. Section 5.503 is amended by revising paragraph (c)(1), to read
as follows:
5.503 Procedures.
* * * * *
(c) Forms. (1) When contracting directly with the media for
advertising, contracting officers:
(i) Shall use Standard Form 26, Award/Contract, or Standard Form
1447, Solicitation/Contract, when the dollar amount of the acquisition
exceeds the simplified acquisition threshold; or
(ii) May use Optional Form 347, Order for Supplies or Services, or
an approved agency form, when the dollar amount of the acquisition does
not exceed the threshold for use of simplified acquisition procedures
(see Part 13).
* * * * *
PART 6--COMPETITION REQUIREMENTS
22. Section 6.001 is amended by revising paragraph (a) to read as
follows:
6.001 Applicability.
* * * * *
(a) Contracts awarded using the simplified acquisition procedures
of Part 13;
* * * * *
[[Page 12371]]
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
23. Section 8.203-1 is amended by revising paragraph (a)(1) to read
as follows:
8.203-1 Contract clause and solicitation provision.
(a) * * *
(1) Contract actions not exceeding the simplified acquisition
threshold under Part 13;
* * * * *
PART 9--CONTRACTOR QUALIFICATIONS
* * * * *
24. Section 9.405-2 is amended by revising the second sentence of
paragraph (b) introductory text to read as follows:
9.405-2 Restrictions on subcontracting.
* * * * *
(b) * * * Contractors shall not enter into any subcontract in
excess of the simplified acquisition threshold with a contractor that
has been debarred, suspended, or proposed for debarment unless there is
a compelling reason to do so.* * *
* * * * *
25. Section 9.409 is revised to read as follows:
9.409 Solicitation provision and contract clause.
(a) The contracting officer shall insert the provision at 52.209-5,
Certification Regarding Debarment, Suspension, Proposed Debarment, and
Other Responsibilities Matters, in solicitations where the contract
value is expected to exceed the simplified acquisition threshold.
(b) The contracting officer shall insert the clause at 52.209-6,
Protecting the Government's Interests when Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment, in
solicitations and contracts where the contract value exceeds the
simplified acquisition threshold.
26. Section 9.507-1 is amended by revising paragraph (c) to read as
follows:
9.507-1 Solicitation provisions.
* * * * *
(c) The contracting officer shall insert the provision at 52.209-8,
Organizational Conflicts of Interest Certificate--Advisory and
Assistance Services, in solicitations for advisory and assistance
services if the contract is expected to exceed the simplified
acquisition threshold.
* * * * *
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
27. 13.000 is revised to read as follows.
13.000 Scope of part.
This part prescribes policies and procedures for the acquisition of
supplies and services, including construction and research and
development, the aggregate amount of which does not exceed the
simplified acquisition threshold (see 13.103(b)). See 36.602-5 for
simplified procedures to be used when acquiring architect-engineering
services.
28. 13.101 is amended by revising the definitions of ``bulk
funding,'' ``delivery order,'' and ``purchase order,''; removing the
definitions of ``small purchase,'' and ``small purchase procedures,''
and adding, in alphabetical order, definitions for ``imprest fund,''
``simplified acquisition procedures,'' and ``simplified acquisition
threshold''.
13.101 Definitions.
``Bulk funding,'' means a system whereby a contracting officer
receives authorization from a fiscal and accounting officer to obligate
funds on purchase documents against a specified lump sum of funds
reserved for the purpose for a specified period of time rather than
obtaining individual obligation authority on each purchase document.
``Delivery Order,'' means an order for supplies or services placed
against an established contract or with Government sources of supply.
* * * * *
``Imprest Fund,'' means a cash fund of a fixed amount established
by an advance of funds, without charge to an appropriation, from an
agency finance or disbursing officer to a duly appointed cashier, for
disbursement as needed from time to time in making payment in cash for
relatively small amounts.
* * * * *
``Purchase order,'' as used in this part, means an offer by the
Government to buy supplies or services, including construction and
research and development, upon specified terms and conditions, using
simplified acquisition procedures.
``Simplified acquisition procedures,'' means the methods prescribed
in this part for making purchases of supplies or services using imprest
funds, purchase orders, blanket purchase agreements, governmentwide
commercial purchase cards, FACNET or any other appropriate authorized
method. Contracting Officers are encouraged to use innovative
approaches in awarding contracts using the simplified acquisition
procedures under the authority of Part 13. For example, the procedures
of other FAR Parts may, as appropriate, be adapted for use in awarding
contracts under this part. Other FAR Parts that may be adapted include,
but are not limited to, (1) Part 14, Sealed Bidding; (2) Part 15,
Contracting by Negotiation; (3) Part 12, Acquisition of Commercial
Items; or (4) Part 36, Construction and Architect-Engineer Contracts,
including the use of Standard Form 1442, Solicitation, Offer and Award
(Construction, Alteration, or Repair), for construction contracts (see
36.701(b)).
``Simplified acquisition threshold,'' means $100,000 (but see
13.103(b)). In the case of any DoD acquisition to be awarded and
performed, or purchase to be made, outside the United States in support
of a military contingency operation (10 U.S.C. 101(a)(13)), the term
means $200,000.
29. 13.102 is revised to read as follows:
13.102 Purpose.
The purpose of this part is to prescribe simplified acquisition
procedures in order to (a) reduce administrative costs; (b) improve
opportunities for small business, small disadvantaged business, and
women owned small business concerns to obtain a fair proportion of
Government contracts; (c) promote efficiency and economy in
contracting; and, (d) avoid unnecessary burdens for agencies and
contractors.
30. 13.103 is revised to read as follows:
13.103 Policy.
(a) Simplified acquisition procedures shall be used to the maximum
extent practicable for all purchases of supplies or services not
exceeding the simplified acquisition threshold unless requirements can
be met by using required sources of supply (see Part 8).
(b) Simplified acquisition procedures may not be used for contract
actions exceeding $50,000, and not exceeding the simplified acquisition
threshold, unless the contracting activity making the purchase has been
certified as having interim FACNET. The contracting activity shall not
use simplified acquisition procedures for contract actions exceeding
$50,000 after December 31, 1999, unless the activity's cognizant agency
has certified full FACNET capability pursuant to section 4.505-2.
(c) Simplified acquisition procedures shall not be used in the
acquisition of supplies and services initially estimated
[[Page 12372]] to exceed the simplified acquisition threshold even
though resulting awards do not exceed that threshold. Requirements
aggregating more than the simplified acquisition threshold shall not be
broken down into several purchases that are less than the threshold
merely to permit negotiation under simplified acquisition procedures.
(d) Simplified acquisition procedures may be used to acquire
personal services if the agency has specific statutory authority to
acquire personal services (see 37.104).
(e) FACNET is the preferred means for effecting the acquisition of
supplies and services, including construction and research and
development, in amounts exceeding the micro-purchase threshold but not
exceeding the simplified acquisition threshold.
(f) Contracting officers shall establish deadlines for the
submission of responses to solicitations which afford contractors a
reasonable opportunity to respond.
31. 13.104 is revised to read as follows:
13.104 Procedures.
(a) Contracting officers shall make awards under this part in the
simplified manner that is most suitable, efficient, and economical in
the circumstances of each acquisition. Contracting officers may use the
procedures in this part in acquisitions from Government supply sources
(see Part 8), if their use is authorized by the basic contract or
concurred in by the source.
(b) Related items (such as small hardware items or spare parts for
vehicles) may be included in one solicitation and the award made on an
``all-or-none'' basis if suppliers are so advised when quotations are
requested.
(c) Agencies shall use bulk funding to the maximum extent
practicable to reduce processing time, handling, and documentation.
Bulk funding is particularly appropriate if numerous purchases using
the same type of funds are to be made during a given period.
(d) Agencies shall inspect items or services acquired under
simplified acquisition procedures as prescribed in section 46.404.
(e) Agencies shall use United States-owned foreign currency, if
appropriate, in making payments when using simplified acquisition
procedures (see Subpart 25.3).
(f) For proposed purchases covered by this part, see 5.101 for
public display requirements.
32. 13.105 is revised to read as follows:
13.105 Small Business Set-asides.
(a) Except as provided in paragraphs (b), (c), and (d), of this
section, each acquisition of supplies or services that has an
anticipated dollar value exceeding the micro-purchase threshold (see
Subpart 13.6) and not exceeding $100,000, is reserved exclusively for
small business concerns and shall be set-aside (see 19.503-3).
(b) The requirements of this section apply only to purchases in the
United States, its territories and possessions, Puerto Rico, and the
Trust Territory of the Pacific Islands (see 19.000). Foreign concerns
shall not be solicited or awarded acquisitions reserved for small
business concerns.
(c) The requirements of this section do not affect the
responsibility of agencies to make purchases from required sources of
supply, such as Federal Prison Industries, Committee for Purchase from
People who are Blind or Severely Disabled, and Federal Supply Schedule
contracts.
(d)(1) Each written solicitation under a small business set-aside
shall contain the provision at 52.219-6, Notice of Total Small Business
Set-Aside. If the solicitation is oral, however, information
substantially identical to that which is in the provision shall be
given to potential quoters.
(2) If the contracting officer determines there is no reasonable
expectation of obtaining quotations from two or more responsible small
business concerns that will be competitive in terms of market price,
quality, and delivery, the contracting officer need not proceed with
the small business set-aside and may purchase on an unrestricted basis.
If the SBA procurement center representative disagrees with a
contracting officer's decision not to proceed with the small business
set-aside, the SBA procurement center representative may appeal the
decision in accordance with the procedures set forth in 19.402.
(3) If the contracting officer proceeds with the set-aside and
receives a quotation from only one responsible small business concern
at a reasonable price (see 13.106-2(a)), the contracting officer shall
make an award to that concern. However, if the contracting officer does
not receive a reasonable quotation from a responsible small business
concern, the contracting officer may cancel the set-aside and complete
the purchase on an unrestricted basis.
(4) When proceeding under 13.105(d) (1) or (2), the contracting
officer shall ascertain the availability of small business suppliers by
telephone or other informal means (see 13.106-1(a)(7)).
(5) If the purchase is on an unrestricted basis under 13.105(d)(2),
the contracting officer shall document in the file the reason for the
unrestricted purchase.
(6) Nothing in this section 13.105 shall preclude award, using
simplified acquisition procedures, of an acquisition exceeding the
micro-purchase threshold and not exceeding $50,000 ($100,000 when
FACNET has been implemented) under:
(i) 19.8, Contracting with the Small Business Administration;
(ii) 19.1006(c), emerging small business set-asides; or
(iii) 19.503-2, as a small disadvantaged business set-aside.
(7)(i) Acquisitions exceeding the micro-purchase threshold in
Subpart 13.6 and not in excess of $25,000 for supplies and services in
the four designated industry groups pursuant to the Small Business
Competitiveness Demonstration Program (see 19.10) are set-aside for
emerging small businesses.
(ii) For acquisitions exceeding $25,000 in the four designated
industry groups pursuant to the Small Business Competitiveness
Demonstration Program, see 19.10.
33. 13.106 text is removed and the heading is revised to read as
follows:
13.106 Purchases exceeding the micro-purchase threshold.
34. 13.106-1 is added to read as follows:
13.106-1 Soliciting competition, evaluation of quotes, and award.
(a) Soliciting competition. (1) Contracting officers shall solicit
a reasonable number of sources to promote competition to the maximum
extent practicable and ensure that the purchase is advantageous to the
Government, based, as appropriate on either price alone, or price and
other factors (e.g., past performance and quality considered, including
the administrative cost of the purchase). Requests for quotations or
solicitations shall notify suppliers that award is to be made based on
price alone, or price and other factors.
(2) FACNET is the preferred method of soliciting and awarding
simplified acquisitions. However, if FACNET is not available, or the
contracting officer has made a determination that it is not practicable
or cost effective to process a specific purchase via FACNET, or the
head of the contracting activity has made a determination that it is
not practicable or cost effective to process a class of purchases via
FACNET (see Subpart 4.506), quotations may be solicited through other
appropriate [[Page 12373]] means. Requests for quotations should be
solicited orally to the maximum extent practicable for contract actions
not to exceed $25,000 when FACNET is not available or a determination
has been made that it is practicable or cost effective to purchase via
FACNET. Paper solicitations for contract actions not expected to exceed
$25,000 should only be issued when obtaining electronic or oral
quotations is not considered economical or practical. Solicitations for
construction contracts over $2,000 shall only be issued electronically
or by paper solicitation.
(3) When not soliciting quotations electronically, maximum
practicable competition ordinarily can be obtained without soliciting
quotations or offers from sources outside the trade area in which the
contracting office is located for actions that do not exceed $25,000.
Generally, solicitation of at least three sources may be considered to
promote competition to the maximum extent practicable if the contract
action does not exceed $25,000. If practicable, two sources not
included in the previous solicitation should be requested to furnish
quotations. The following factors influence the number of quotations
required in connection with any particular purchase:
(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.
(4) Contracting officers may solicit from one source if the
contracting officer determines that the circumstances of the contract
action deem only one source being reasonably available (e.g., only one
available source, urgency).
(5) Contracting officers shall not limit solicitations to suppliers
of well known and widely distributed makes or brands, nor shall
quotations be solicited on a personal preference basis. If required to
maintain a list of sources, new supply sources disclosed through trade
journals or other media, shall be continuously reviewed and, if
appropriate, added to the list.
(6) Consistent with the applicable principles in 14.407-3,
contracting officers shall make every effort to obtain trade and prompt
payment discounts. However, prompt payment discounts shall not be
considered in the evaluation of quotations.
(7)(i) Unless exempted from this requirement by the head of the
contracting activity or purchases are made through FACNET, each
contracting office should maintain a source list (or lists, if more
convenient) and should record on the list the status of each source
(when the status is made known to the contracting office) in the
following categories:
(A) Small business.
(B) Small disadvantaged business.
(C) Women-owned small business.
(ii) The status information should be used to ensure that small
business concerns are given opportunities to respond to solicitations
issued using simplified acquisition procedures.
(b) Evaluation of quotes. (1) Contracting officers may evaluate
quotations or offers based on price alone or price and other factors
(e.g., past performance, or quality). When evaluating quotations or
offers on price and other factors, contractor's quotations or offers
shall be evaluated solely on the basis of criteria established in the
solicitation. Methods to accomplish this may include, but are not
limited to simplified solicitations, streamlined evaluation methods,
and award with simplified award documentation. Formal evaluation plans,
conduct of discussions and scoring of quotes or offers are not
required. Evaluation of other factors does not require the creation or
existence of a formal data base, but may be based on such information
as the contracting officer's knowledge, previous experience, or
customer surveys.
(2) If suppliers furnish standing price quotations on supplies or
services required on an intermittent and recurring basis, the
information may be used in lieu of obtaining individual quotations each
time a purchase is contemplated. The buyer shall ensure that the price
information is current and that the Government obtains the benefit of
maximum discounts.
(3) Contracting officers shall evaluate quotations inclusive of
transportation charges from the shipping point of the supplier to the
delivery destination.
(4) Contracting officers shall comply with the policy in section
7.202 relating to economic purchase quantities, when practicable.
(c) Award. (1) Occasionally an item can be obtained only from a
supplier who quotes a minimum order price or quantity that either
unreasonably exceeds stated quantity requirements or results in an
unreasonable price for the quantities required. In these instances, the
contracting officer should inform the requiring activity of all facts
regarding the quotation and request it to confirm or alter its
requirement. The file shall be documented to support the final action
taken.
(2) Notification to unsuccessful suppliers shall be given only if
requested. When a supplier requests information on an award which was
based on other than price alone, the notification shall include a brief
explanation of the basis for the contract award decision.
35. 13.106-2 is added to read as follows:
13.106-2 Data to support purchases.
(a) The determination that a proposed price is reasonable should be
based on competitive quotations. If only one response is received, or
the price variance between multiple responses reflects lack of adequate
competition, a statement shall be included in the contract file giving
the basis of the determination of fair and reasonable price. The
determination may be based on a comparison of the proposed price with
prices found reasonable on previous purchases, current price lists,
catalogs, advertisements, similar items in a related industry, value
analysis, the contracting officer's personal knowledge of the item
being purchased or any other reasonable basis.
(b) When other than price related factors are considered in
selecting the supplier (see 13.106-1(b)(1)), the contracting officer
shall document the file to support the final contract award decision.
(c) If only one source is solicited, an additional notation shall
be made to explain the absence of competition, except for acquisition
of utility services available only from one source or of educational
services from nonprofit institutions.
(d) Simplified documentation practices should be used. The
following illustrate the extent to which quotation information should
be recorded.
(1) Oral solicitations. The contracting office should establish and
maintain informal records of oral price quotations in order to reflect
clearly the propriety of placing the order at the price paid with the
supplier concerned. In most cases this will consist merely of showing
the names of the suppliers contacted and the prices and other terms and
conditions quoted by each.
(2) Written (see 2.101) solicitations. Written records of
solicitations may be limited to notes or abstracts to show prices,
delivery, references to printed price lists used, the supplier or
[[Page 12374]] suppliers contacted, and other pertinent data.
(e) Purchasing offices shall retain data supporting purchases using
simplified acquisition procedures to the minimum extent and duration
necessary for management review purposes. (See Subpart 4.8)
36. 13.107 is revised to read as follows:
13.107 Solicitation forms.
(a) Except when quotations are solicited via FACNET or orally,
Standard Form 18, Request for Quotations (illustrated in 53.301-18), is
available, but not required, for use by all agencies.
(b) Optional Form 336, Continuation Sheet, may be used with
Standard Form 18 when additional space is needed.
(c) If Standard Form 18 is not used for written solicitations,
contracting officers may request quotations using an agency-designed
form, an agency-approved automated format, or electronically.
(d) Each agency-designed request for quotations form shall conform
with Standard Form 18, insofar as practical.
(e) When using an unsigned electronic purchase orders (see 13.506)
for transmission of a request for quotations, the provisions and
clauses applicable to the solicitation shall be incorporated by
reference.
37. 13.108 is revised to read as follows:
13.108 Legal effect of quotations.
(a) A quotation is not an offer and, consequently, cannot be
accepted by the Government to form a binding contract (see 15.402(e)).
Therefore, issuance by the Government of an order for supplies or
services in response to a suppliers quotation does not establish a
contract. The order is an offer by the Government to the supplier to
buy certain supplies or services upon specified terms and conditions. A
contract is established when the supplier accepts the offer or begins
performance.
(b) When appropriate, the contracting officer may request the
supplier to indicate acceptance of an order by notification to the
Government, preferably in writing. In other circumstances, the supplier
may indicate acceptance by furnishing the supplies or services ordered
or by proceeding with the work to the point where substantial
performance has occurred.
(c) If the Government issues an order resulting from a quotation,
the Government may (by written notice to the supplier, at any time
before acceptance occurs) withdraw, amend, or cancel its offer. (See
13.504 for procedures on termination or cancellation of purchase
orders.)
38. 13.109 is revised to read as follows:
13.109 Agency use of indefinite delivery contracts.
Costs and processing time for acquisitions at or below the
simplified acquisition threshold may be reduced through the use of
indefinite delivery contracts (see Subpart 16.5) that permit delivery
orders to be placed by several contracting or ordering offices in one
or more executive agencies. Therefore contracting offices are
encouraged to seek opportunities to cooperate with each other to
achieve efficiency and economy through the use of indefinite delivery
contracts.
39. 13.110 is added to read as follows:
13.110 Federal Acquisition Streamlining Act of 1994 (FASTA) list of
inapplicable laws.
(a) The following laws are inapplicable to all contracts and
subcontracts (if otherwise applicable to subcontractors) at or below
the simplified acquisition threshold:
(1) 41 U.S.C. 57(a) & (b) (Anti-Kickback Act of 1986)(Only the
requirement for the incorporation of the contractor procedures for the
prevention and detection of violations, and the contractual requirement
for contractor cooperation in investigations are inapplicable.)
(2) 40 U.S.C. 27 (Miller Act) (but see Part 28)
(3) 40 U.S.C. 329 (Contract Work Hours and Safety Standards Act--
Overtime Compensation)
(4) 41 U.S.C. 701(a)(1) (Section 5152 of the Drug Free Workplace
Act of 1988)
(5) 42 U.S.C. 6962 (Solid Waste Disposal Act) (Only the requirement
for providing the estimate of material utilized for the performance of
the contract which is recovered materials is inapplicable.)
(6) 10 U.S.C. 2306(b) and 41 U.S.C. 254(a) (Contract Clause
Regarding Contingent Fees.)
(7) 10 U.S.C. 2313 and 41 U.S.C. 254(c) (Authority to Examine Books
and Records of Contractors.)
(8) 10 U.S.C. 2384(b) (Requirement to Identify Suppliers and
Sources of Supply.)
(9) 10 U.S.C. 2393(d) (Prohibition Against Doing Business with
Certain Offerors or Contractors.)
(10) 10 U.S.C. 2402 and 41 U.S.C. 253g (Prohibition on Limiting
Subcontractor Direct Sales to the United States.)
(11) 10 U.S.C. 2408(a) (Prohibition on Persons Convicted of Defense
Related Felonies.)
(12) 10 U.S.C. 2410b (Contractor Inventory Accounting System
Standards.)
(13) 10 U.S.C. 2534 (Miscellaneous Procurement Limitations.)
(b) The Federal Acquisition Regulatory Council will include any law
enacted after October 13, 1994 that sets forth policies, procedures,
requirements, or restrictions for the procurement of property or
services on the list set forth in 13.110(a), unless the FAR Council
makes a written determination that it is in the best interests of the
government that the enactment should apply to contracts or subcontracts
not greater than the simplified acquisition threshold.
(c) The provisions of 13.110(b) do not apply to laws that:
(1) provide for criminal or civil penalties; or
(2) specifically state that notwithstanding the language of Section
4101, Pub. L. 103-355, the enactment will be applicable to contracts or
subcontracts in amounts not greater than the simplified acquisition
threshold.
(d) Any individual may petition the Administrator for Federal
Procurement Policy to include any applicable provision of law not
included on the list set forth in 13.110(a) unless the FAR Council has
already determined in writing that the law is applicable.
(e) The Administrator of OFPP will include the law on the list in
13.110(a) unless the FAR Council makes a determination that it is
applicable within sixty days of receiving the petition.
40. Subpart 13.2 is revised to read as follows:
Subpart 13.2--Blanket Purchase Agreements
Sec.
13.201 General.
13.202 [Reserved]
13.203 Establishment of Blanket Purchase Agreements.
13.203-1 General.
13.203-2 Clauses.
13.204 Purchases under Blanket Purchase Agreements.
13.205 Review procedures.
13.206 Completion of Blanket Purchase Agreements.
13.201 General.
(a) 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).
(b) BPAs should be established at the appropriate level responsible
for [[Page 12375]] providing supplies for its own operations or for
other offices, installations, projects, or functions. Such levels, for
example, may be organized supply points, separate independent or
detached field parties, or one-person posts or activities.
(c) The use of BPAs does not exempt the agency from the
responsibility for keeping obligations and expenditures within
available funds, but this should be done by using simplified methods
and by avoiding formal fiscal recording of individual deliveries and
transactions.
13.202 [Reserved]
13.203 Establishment of Blanket Purchase Agreements.
13.203-1 General.
(a) The following are circumstances under which contracting
officers may establish BPAs:
(1) If there is a wide variety of items in a broad class of goods
(e.g., hardware) that are generally purchased but the exact items,
quantities, and delivery requirements are not known in advance and may
vary considerably.
(2) If there is a need to provide commercial sources of supply for
one or more offices or projects in a given area that do not have or
need authority to purchase otherwise.
(3) In any other case in which the writing of numerous purchase
orders can be avoided through the use of this procedure.
(b) A BPA should be established without a purchase requisition.
(c) A BPA shall not cite accounting and appropriation data (but see
13.204(e)(4)).
(d) BPAs should be made with firms from which numerous individual
purchases will likely be made in a given period. For example, if past
experience has shown that certain firms are dependable and consistently
lower in price than other firms dealing in the same commodities, and if
numerous purchases at or below the simplified acquisition threshold are
usually made from such suppliers, it would be advantageous to establish
BPAs with those firms.
(e) To the extent practical, BPAs for items of the same type should
be placed concurrently with more than one supplier. All competitive
sources should be given an equal opportunity to furnish supplies or
services under BPAs.
(f) BPAs may also be established with Federal Supply Schedule
contractors and GSA Nonmandatory ADP Schedule contractors (see Part
39), if not inconsistent with the terms of the applicable schedule
contract.
(g) If it is determined that BPAs would be advantageous, suppliers
should be contacted to make the necessary arrangements for securing
maximum discounts, documenting the individual purchase transactions,
periodic billing, and other necessary details.
(h) A BPA may be limited to furnishing individual items or
commodity groups or classes, or it may be unlimited for all items or
services that the source of supply is in a position to furnish.
(i) BPAs shall be prepared and issued on any agency-authorized
purchase order form.
(j) BPAs shall contain the following terms and conditions:
(1) Description of agreement. A statement that the supplier shall
furnish supplies or services, described in general terms, if and when
requested by the contracting officer (or the authorized representative
of the contracting officer) during a specified period and within a
stipulated aggregate amount, if any.
(2) Extent of obligation. A statement that the Government is
obligated only to the extent of authorized purchases actually made
under the BPA.
(3) Purchase limitation. A statement that specifies the dollar
limitation for each individual purchase under the BPA (see 13.204(b)).
(4) Notice of individuals authorized to purchase under the BPA and
dollar limitations by title of position or name. A statement that a
list of individuals authorized to purchase under the BPA, identified
either by title of position or by name of individual, organizational
component, and the dollar limitation per purchase for each position
title or individual shall be furnished to the supplier by the
contracting officer.
(5) Delivery tickets. A requirement that all shipments under the
agreement, except subscriptions and other charges for newspapers,
magazines, or other periodicals, shall be accompanied by delivery
tickets or sales slips which shall contain the following minimum
information:
(i) Name of supplier.
(ii) BPA number.
(iii) Date of purchase.
(iv) Purchase number.
(v) Itemized list of supplies or services furnished.
(vi) Quantity, unit price, and extension of each item, less
applicable discounts (unit prices and extensions need not be shown when
incompatible with the use of automated systems; provided, that the
invoice is itemized to show this information).
(vii) Date of delivery or shipment.
(6) Invoices. One of the following statements (except that the
statement in paragraph (j)(6)(iii) of this section should not be used
if the accumulation of the individual invoices by the Government
materially increases the administrative costs of this purchase method):
(i) A summary invoice shall be submitted at least monthly or upon
expiration of this BPA, whichever occurs first, for all deliveries made
during a billing period, identifying the delivery tickets covered
therein, stating their total dollar value, and supported by receipt
copies of the delivery tickets.
(ii) An itemized invoice shall be submitted at least monthly or
upon expiration of this BPA, whichever occurs first, for all deliveries
made during a billing period and for which payment has not been
received. These invoices need not be supported by copies of delivery
tickets.
(iii) When billing procedures provide for an individual invoice for
each delivery, these invoices shall be accumulated; provided, that--
(A) A consolidated payment will be made for each specified period;
and
(B) The period of any discounts will commence on the final date of
the billing period or on the date of receipt of invoices for all
deliveries accepted during the billing period, whichever is later.
(iv) An invoice for subscriptions or other charges for newspapers,
magazines, or other periodicals shall show the starting and ending
dates and shall state either that ordered subscriptions have been
placed in effect or will be placed in effect upon receipt of payment.
(k) BPAs in which the fast payment procedure is used shall include
the requirements stated under 13.303(b).
13.203-2 Clauses.
(a) The contracting officer shall insert in each BPA the clauses
prescribed elsewhere in the FAR that are required for or applicable to
the particular BPA.
(b) Unless a clause prescription specifies otherwise, (e.g., see
22.305(a)(1), 22.605(a)(5), or 22.1006), if the prescription includes a
dollar threshold, the amount to be compared to that threshold is that
of any particular order under the BPA.
13.204 Purchases under Blanket Purchase Agreements.
(a) The use of a BPA does not authorize purchases that are not
otherwise authorized by law or regulation. For example, the blanket
purchase agreement, being a method of [[Page 12376]] simplifying the
making of individual purchases, shall not be used to avoid the
simplified acquisition threshold.
(b) Unless otherwise specified in agency regulations, individual
purchases under BPAs, except those BPAs established in accordance with
13.203-1(f), shall not exceed (i) $50,000, or (ii) $100,000 when the
procuring activity has certified interim FACNET (see 13.103(b)).
(c) The existence of a BPA does not justify purchasing from only
one source or avoiding small business set-asides. The requirements of
13.105 and 13.106 also apply to each order under a BPA.
(d) If there is an insufficient number of BPAs to ensure maximum
practicable competition for a particular purchase, the contracting
officer shall--
(1) Solicit quotations from other sources and make the purchase as
appropriate; and
(2) Establish additional BPAs to facilitate future purchases if (i)
recurring requirements for the same or similar items or services seem
likely, (ii) qualified sources are willing to accept BPAs, and (iii) it
is otherwise practical to do so.
(e) Documentation of purchases under BPAs shall be limited to
essential information and forms, as follows:
(1) Purchases under BPAs generally should be made electronically,
or orally when it is not considered economical or practical to use
electronic methods.
(2) A paper purchase document may be issued if written
communications are necessary to ensure that the vendor and the
purchaser agree concerning the transaction.
(3) If a paper document is not issued, the essential elements
(e.g., date, vendor, items or services, price, delivery date) shall be
recorded on the purchase requisition, in an informal memorandum, or on
a form developed locally for the purpose.
(4) Documentation of individual purchases under BPAs shall also
cite the pertinent purchase requisitions and the accounting and
appropriation data.
(5) When delivery is made or the services are performed, the
vendor's sales document, delivery document, or invoice may (if it
reflects the essential elements) be used for the purpose of recording
receipt and acceptance of the items or services. However, if the
purchase is assigned to another activity for administration, receipt
and acceptance of supplies or services shall be documented by signature
and date on the agency specified form by the authorized Government
representative after verification and notation of any exceptions.
13.205 Review procedures.
(a) The contracting officer placing orders under a BPA, or the
designated representative of the contracting officer, shall review a
sufficient random sample of the BPA files at least annually to ensure
that authorized procedures are being followed.
(b) The contracting officer that entered into the BPA shall--
(1) Ensure that each BPA is reviewed at least annually and, if
necessary, updated at that time; and
(2) Maintain awareness of changes in market conditions, sources of
supply, and other pertinent factors that may warrant making new
arrangements with different suppliers or modifying existing
arrangements.
(c) If an office other than the purchasing office that established
a BPA is authorized to make purchases under that BPA, the agency that
has jurisdiction over the office authorized to make the purchases shall
ensure that the procedures in paragraph (a) of this section are being
followed.
13.206 Completion of Blanket Purchase Agreements.
An individual BPA is considered complete when the purchases under
it equal its total dollar limitation, if any, or when its stated time
period expires.
41. Subpart 13.3 is revised to read as follows:
Subpart 13.3--Fast Payment Procedure
Sec.
13.301 General.
13.302 Conditions for use.
13.303 Preparation and execution of orders.
13.304 Responsibility for collection of debts.
13.305 Contract clause.
13.301 General.
The 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 procedure provides for payment for
supplies based on the contractor's submission of an invoice that
constitutes a representation that--
(a) The supplies have been delivered to a post office, common
carrier, or point of first receipt by the Government; and
(b) The contractor agrees to replace, repair, or correct supplies
not received at destination, damaged in transit, or not conforming to
purchase agreements.
13.302 Conditions for use.
If the conditions in paragraphs (a) through (f) of this section are
present, the fast payment procedure may be used, provided that use of
the procedure is consistent with the other conditions of the purchase.
The conditions for use of the fast payment procedure are as follows:
(a) Individual orders do not exceed $25,000 except that executive
agencies may permit higher dollar limitations for specified activities
or items on a case-by-case basis.
(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. Use of the fast payment procedure would not be
indicated, for example, for small purchases by an activity if material
being purchased is destined for use at that activity and contract
administration will be performed by the purchasing office at that
activity.
(c) Title to the supplies will vest in the Government (1) upon
delivery to a post office or common carrier for mailing or shipment to
destination, or (2) upon receipt by the Government if the shipment is
by means other than Postal Service or common carrier.
(d) The supplier agrees to replace, repair, or correct supplies not
received at destination, damaged in transit, or not conforming to
purchase requirements.
(e) The purchasing instrument is a firm-fixed price contract, a
purchase order, or a delivery order for supplies.
(f) A system is in place to ensure (1) documenting evidence of
contractor performance under fast payment acquisitions, (2) timely
feedback to the contracting officer in case of contractor deficiencies,
and (3) identification of suppliers who have a current history of
abusing the fast payment procedure. (Also see Subpart 9.1.)
13.303 Preparation and execution of orders.
(a) Except when orders are placed via FACNET, orders incorporating
the fast payment procedure should be issued on Optional Form 347, Order
for Supplies or Services, or other agency authorized purchase order
form (but see 13.204(e) for purchases under BPAs). Orders may be either
priced or unpriced.
(b) Contracts, purchase orders, or BPAs using the fast payment
procedure shall include the following:
(1) A requirement that the supplies be shipped transportation or
postage prepaid.
(2) A requirement that invoices be submitted directly to the
finance or other office designated in the order, or [[Page 12377]] in
the case of unpriced purchase orders, to the contracting officer (see
13.502(c)).
(3) The following statement on consignee's copy:
Consignee's Notification to Purchasing Activity of Nonreceipt,
Damage, or Nonconformance
The consignee shall notify the purchasing office promptly after
the specified date of delivery of supplies not received, damaged in
transit, or not conforming to specifications of the purchase order.
Unless extenuating circumstances exist, the notification should be
made not later than 60 days after the specified date of delivery.
(4) A requirement that the contractor mark outer shipping
containers ``FAST PAY.''
13.304 Responsibility for collection of debts.
The contracting officer shall be primarily responsible for
collecting debts resulting from failure of contractors to properly
replace, repair, or correct supplies lost, damaged, or not conforming
to purchase requirements (see 32.605(b) and 32.606).
13.305 Contract clause.
The contracting officer shall insert the clause at 52.213-1, Fast
Payment Procedure, in solicitations and contracts when the conditions
in 13.302 are applicable and it is intended that the fast payment
procedure be used in the contract (in the case of BPAs, the contracting
officer may elect to insert the clause either in the BPA or in orders
under the BPA).
42. Subpart 13.4 is revised to read as follows:
Subpart 13.4--Imprest Fund
Sec.
13.401 General.
13.402 Agency responsibilities.
13.403 Conditions for use.
13.404 Procedures.
13.401 General.
This subpart prescribes policies and procedures for using imprest
funds to purchase supplies or services. Related policies and
regulations concerning the establishment of and accounting for imprest
funds, including the responsibilities of designated cashiers and
alternates, are contained in Part IV of the Treasury Financial Manual
for Guidance of Departments and Agencies, Title 7 of the General
Accounting Office Policy and Procedures Manual for Guidance of Federal
Agencies, and the agency implementing regulations. Agencies shall also
be guided by the Manual of Procedures and Instructions for Cashiers,
issued by the Financial Management Service, Department of the Treasury.
13.402 Agency responsibilities.
Each agency using imprest funds shall--
(a) Periodically review and determine whether there is continuing
need for each fund established, and that amounts of those funds are not
in excess of actual needs;
(b) Take prompt action to have imprest funds adjusted to a level
commensurate with demonstrated needs whenever circumstances warrant
such action; and
(c) Develop and issue appropriate implementing regulations. These
regulations shall include (but are not limited to) procedures
covering--
(1) Designation of personnel authorized to make purchases using
imprest funds; and
(2) Documentation of purchases using imprest funds, including
documentation of (i) receipt and acceptance of supplies and services by
the Government, (ii) receipt of cash payments by the suppliers, and
(iii) cash advances and reimbursements.
13.403 Conditions for use.
Imprest funds may be used for purchases when--
(a) the transaction does not exceed $500 or such other limits as
have been approved by the agency head;
(b) the use of imprest funds is considered to be advantageous to
the Government; and
(c) the use of imprest funds for the transaction otherwise complies
with any additional conditions established by agencies and with the
policies and regulations referenced in 13.402.
13.404 Procedures.
(a) Each purchase using imprest funds shall be based upon an
authorized purchase requisition.
(b) Normally, orders to suppliers should be placed orally and
without soliciting competition if prices are considered reasonable.
(c) Purchases shall be distributed equitably among qualified
suppliers (see 13.105).
(d) Prompt payment discounts shall be solicited.
(e) Any agency-authorized purchase order form or Standard Form
1165, Receipt for Cash-Subvoucher, may be used if a written order is
considered necessary; e.g., if required by the supplier for discount,
tax exemption, or other reasons. If a purchase order is used for this
purpose, it shall be endorsed ``Payment to be made from Imprest Fund.''
(f) The individual authorized to make purchases using imprest funds
shall--
(1) Furnish to the imprest fund cashier a copy of the purchase
requisition annotated to reflect (i) that an imprest fund purchase has
been made, (ii) the unit prices and extensions, (iii) the supplier's
name and address, and (iv) the date of anticipated delivery; and
(2) Require the supplier to include with delivery of the supplies
an invoice, packing slip, or other sales instrument giving (i) the
supplier's name and address, (ii) list and quantity of items, (iii)
unit prices and extensions, and (iv) cash discount, if any.
43. Subpart 13.5 is revised to read as follows:
Subpart 13.5--Purchase Orders
Sec.
13.501 General.
13.502 Unpriced purchase orders.
13.503 Obtaining contractor acceptance and modifying purchase
orders.
13.504 Termination or cancellation of purchase orders.
13.505 Purchase order and related forms.
13.505-1 Optional Form (OF) 347, Order for Supplies or Services,
and Optional Form 348, Order for Supplies or Services Schedule-
Continuation.
13.505-2 [Reserved]
13.505-3 Standard Form 44, Purchase Order-Invoice-Voucher.
13.506 Unsigned electronic purchase orders.
13.507 Provisions and clauses.
13.508 Use of options in acquisitions using simplified acquisition
procedures.
13.501 General.
(a) Except as provided under the unpriced purchase order method
(see 13.502), purchase orders shall be issued on a fixed-price basis
unless otherwise authorized by agency procedures.
(b) Purchase orders shall include any trade and prompt payment
discounts that are offered, consistent with the applicable principles
in 14.407-3.
(c) Purchase orders shall specify the quantity of supplies or
services ordered.
(d) Inspections under simplified acquisition procedures shall be as
prescribed in Part 46. Orders generally shall provide that inspection
and acceptance will be at destination and source inspection should be
specified only if required by Part 46. If inspection and acceptance are
to be performed at destination, advance copies of the purchase order
shall be furnished to consignee(s) for material receipt purposes.
Receiving reports shall be accomplished immediately upon receipt and
acceptance of material.
(e) F.o.b. destination shall be specified for supplies to be
delivered within the United States, except Alaska and Hawaii, unless
there are valid reasons to the contrary.
(f) Each purchase order shall contain a determinable date by which
delivery [[Page 12378]] of supplies or performance of services is
required.
(g) The contracting officer's signature on purchase orders shall be
in accordance with 4.101. Facsimile signature may be used in the
production of purchase orders by automated methods.
(h) Distribution of copies of purchase orders and related forms
shall be limited to those copies required for essential administration
and transmission of contractual information.
13.502 Unpriced purchase orders.
(a) 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.
(b) An unpriced purchase order may be used only when--
(1) It is anticipated that the transaction will not exceed
(i) $50,000, or (ii) $100,000 when the contracting activity of an
agency has certified interim or full FACNET (see 13.103(b)).
(2) It is impractical to obtain pricing in advance of issuance of
the purchase order; and
(3) The purchase is for--
(i) Repairs to equipment requiring disassembly to determine the
nature and extent of repairs;
(ii) Material available from only one source and for which cost
cannot be readily established; or
(iii) Supplies or services for which prices are known to be
competitive but exact prices are not known (e.g., miscellaneous repair
parts, maintenance agreements).
(c) Unpriced purchase orders may be issued by using written
purchase orders or electronically (see 13.506). A realistic monetary
limitation, either for each line item or for the total order, shall be
placed on each unpriced purchase order. The monetary limitation shall
be an obligation subject to adjustment when the firm price is
established. The contracting office shall follow-up each order to
ensure timely pricing. The contracting officer or the contracting
officer's designated representative shall review the invoice price and,
if reasonable (see 13.106-2(a)), process the invoice for payment.
13.503 Obtaining contractor acceptance and modifying purchase orders.
(a) When it is desired to consummate a binding contract between the
parties before the contractor undertakes performance, the contracting
officer shall require written acceptance of the purchase order by the
contractor.
(b) A purchase order may be modified by use of
(1) Standard Form 30, Amendment of Solicitation/Modification of
Contract;
(2) An agency-designed form or an agency-approved automated format;
or
(3) A purchase order form, if not prohibited by agency regulations.
(c) Each purchase order modification shall identify the order it
modifies and shall contain an appropriate modification number.
(d) Contracting officers need not obtain a contractor's written
acceptance of a purchase order modification, unless the written
acceptance is--
(1) Determined by the contracting officer to be necessary to ensure
the contractor's compliance with the purchase order as revised; or
(2) Required by agency regulations.
13.504 Termination or cancellation of purchase orders.
(a) If a purchase order that has been accepted in writing by the
contractor is to be terminated, the contracting officer shall process
the termination action as prescribed by Part 49.
(b) If a purchase order that has not been accepted in writing by
the contractor is to be canceled, the contracting officer shall notify
the contractor in writing that the purchase order has been canceled,
request the contractor's written acceptance of the cancellation, and
proceed as follows:
(1) If the contractor accepts the cancellation and does not claim
that costs were incurred as a result of beginning performance under the
purchase order, no further action is required; i.e., the purchase order
shall be considered canceled.
(2) If the contractor does not accept the cancellation or claims
that costs were incurred as a result of beginning performance under the
purchase order, the contracting officer shall process the termination
action as prescribed by Part 49.
13.505 Purchase order and related forms.
13.505-1 Optional Form (OF) 347, Order for Supplies or Services, and
Optional Form 348, Order for Supplies or Services Schedule-
Continuation.
(a) Optional Form 347 (illustrated in 53.302-347) and Optional Form
348 (illustrated in 53.302-348) are multipurpose forms designed for the
following:
(1) Negotiated purchases of supplies or services.
(2) Delivery orders.
(3) Inspection and receiving reports.
(4) Invoices.
(b) Agencies may use order forms other than Optional Form 347 and
348 and may print on those forms the clauses they consider to be
generally suitable for their purchases using simplified acquisition
procedures. The clauses may include agency clauses, if they do not
conflict with clauses prescribed by the FAR and are designated as
agency clauses.
13.505-2 [Reserved]
13.505-3 Standard Form 44, Purchase Order-Invoice-Voucher.
(a) Standard Form 44, Purchase Order-Invoice-Voucher (illustrated
in 53.301-44) is a 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 is a multipurpose form that can be used as a purchase
order, receiving report, invoice, and public voucher.
(b) Standard Form 44 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 a military contingency operation. 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 methods.
(c) General procedural instructions governing the use of Standard
Form 44 are printed on the form and on the inside front cover of each
book of forms.
(d) Since there is, for all practical purposes, simultaneous
placing of purchase orders on Standard Form 44 and delivery of the
items ordered, clauses are not required for purchases using this form.
(e) Agencies shall provide adequate safeguards regarding the
control of forms and accounting for purchases.
13.506 Unsigned electronic purchase orders.
(a) An unsigned electronic purchase order (EPO) may be issued when
the following conditions are present--
(1) Its use is more advantageous to the Government than any other
simplified acquisition method;
(2) It is acceptable to the supplier;
(3) It is approved by the contracting officer;
(4) It does not require written acceptance by the supplier; and
(5) The purchasing office retains all contract administration
functions.
(b) When an unsigned EPO is used-- [[Page 12379]]
(1) Appropriate clauses shall be incorporated by reference;
(2) Administrative information that is not needed by the supplier
shall be placed only on copies intended for internal distribution;
(3) The same distribution shall be made of the unsigned EPO as is
made of signed purchase orders; and
(4) No purchase order form is required.
(c) An unsigned EPO may be unpriced if it meets the conditions in
13.502.
13.507 Provisions and clauses.
(a) Each purchase order (and each purchase order modification (see
13.503)) shall incorporate all clauses required for or applicable to
the particular acquisition.
(b) The contracting officer shall insert the clause at 52.213-2,
Invoices, in purchase orders that authorize advance payments (see 31
U.S.C. 3324(d)(2)) for subscriptions or other charges for newspapers,
magazines, periodicals, or other publications (i.e., any publication
printed, microfilmed, photocopied, or magnetically or otherwise
recorded for auditory or visual usage).
(c) The contracting officer shall insert the clause at 52.213-3,
Notice to Supplier, in unpriced purchase orders.
(d) Pursuant to Pub.L. 103-355, the following provisions and
clauses are inapplicable to contracts and subcontracts at or below the
simplified acquisition threshold:
(1) 28.102-4, Miller Act solicitation requirements. However, Part
28 sets forth alternatives to payment bonds as payment protections for
suppliers of labor and materials for contracts exceeding $25,000, but
not exceeding $100,000.
(2) 52.203-1, Officials Not to Benefit
(3) 52.203-4, Contingent Fee Representation and Agreement
(4) 52.203-5, Covenant Against Contingent Fees
(5) 52.203-6, Restrictions on Subcontractor Sales to the Government
(6) 52.203-7, Anti-Kickback Procedures
(7) 52.215-1, Examination of Records by Comptroller General
(8) 52.222-4, Contract Work Hours and Safety Standards Act--Overtime
Compensation
(9) 52.223-5, Certification Regarding a Drug-Free Workplace
(10) 52.223-6, Drug-Free Workplace
13.508 Use of options in acquisitions using simplified acquisition
procedures.
Options may be included in acquisitions using simplified
acquisition procedures provided that the requirements of subpart 17.2
are met and that the aggregate value of the acquisition and all options
does not exceed the dollar threshold for use of simplified acquisition
procedures under this part.
PART 15--CONTRACTING BY NEGOTIATION
44. Section 15.106-1 is amended by revising paragraph (b)(1) to
read as follows:
15.106-1 Examination of Records clause.
* * * * *
(b) * * *
(1) The contract amount is at or below the simplified acquisition
threshold;
* * * * *
45. Section 15.106-2 is amended by revising the first sentence in
paragraph (b) to read as follows:
15.106-2 Audit-Negotiation clause.
* * * * *
(b) The contracting officer shall insert the clause at 52.215-2,
Audit-Negotiation, in solicitations and contracts when contracting by
negotiation, unless the acquisition is made under simplified
acquisition procedures. * * *
46. Section 15.401 is amended by revising paragraph (a) to read as
follows:
15.401 Applicability.
* * * * *
(a) Acquisitions made under simplified acquisition procedures (see
Part 13.); and
* * * * *
47. Section 15.602 is amended by revising paragraph (b) to read as
follows:
15.602 Applicability.
* * * * *
(b) This subpart does not apply to acquisitions made under
simplified acquisition procedures (see Part 13.).
48. Section 15.804-2 is amended by revising paragraphs (a)(4) and
(5) to read as follows:
15.804-2 Requiring certified cost or pricing data.
(a) * * *
* * * * *
(4) The contracting officer shall not require certified cost or
pricing data when awarding a contract below the simplified acquisition
threshold in Part 13.
(5) When certified cost or pricing data are not required, the
contracting officer may request partial or limited data to determine a
reasonable price.
* * * * *
49. Section 15.812-2 is amended by revising paragraph (a)(1) to
read as follows:
15.812-2 Contract clause.
(a) * * *
(1) Acquisitions at or below the simplified acquisition threshold;
* * * * *
50. Section 15.1001 is amended by revising the first sentence of
paragraph (b)(1) and paragraphs (c)(1) introductory text and (3)
amended to read as follows:
15.1002 Notification to unsuccessful offerors.
* * * * *
(b) Preaward notices. (1) When the proposal evaluation period for a
solicitation not using simplified acquisition procedures in Part 13 is
expected to exceed 30 days, or when a limited number of offerors have
been selected as being within the competitive range (see 15.609), the
contracting officer, upon determining that a proposal is unacceptable,
shall promptly notify the offeror. * * *
* * * * *
(c) Postaward notices. (1) After award of contracts resulting from
solicitations not using simplified acquisition procedures, the
contracting officer shall notify unsuccessful offerors in writing or
electronically, unless preaward notice was given under paragraph (b) of
this section. The notice shall include--
* * * * *
(3) Upon request, the contracting officer shall furnish the
information described in 15.1002(c)(1) (i) through (v) to unsuccessful
offerors in solicitations using simplified acquisition procedures in
Part 13.
PART 16--TYPES OF CONTRACTS
51. Section 16.000 is amended by revising the first sentence to
read as follows:
16.000 Scope of part.
This part describes types of contracts that may be used in
acquisitions other than those made under simplified acquisition
procedures in Part 13, unless otherwise authorized by agency
procedures. * * *
52. Section 16.103 is amended by revising paragraph (d)(1) to read
as follows:
16.103 Negotiating contract type.
* * * * *
(d) * * *
(1) acquisitions made under simplified acquisition procedures in
Part 13, unless otherwise required under agency procedures,
* * * * *
53. Section 16.105 is revised to read as follows:
16.105 Solicitation provision.
The contracting officer shall complete and insert the provision at
52.216-1, [[Page 12380]] Type of Contract, in a solicitation unless it
is for:
(a) A fixed-price acquisition made under simplified acquisition
procedures (see Part 13) or
(b) Information or planning purposes.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
54. Section 22.202 is amended in the introductory text by adding
the phrase ``except for purchases made at or below the micro-purchase
threshold,'' after ``contracts''.
22.202 Contract clause.
55. Section 22.305 is amended by revising the first sentence of the
introductory text and paragraph (a), removing paragraph (b) and
redesignating paragraphs (c) through (h) as (b) through (g) to read as
follows:
22.305 Contract clause.
The contracting officer shall insert the clause at 52.222-4,
Contract Work Hours and Safety Standards Act--Overtime Compensation, in
solicitations and contracts (including, for this purpose, basic
ordering agreements) when the contract may require or involve the
employment of laborers or mechanics. * * *
(a) Contracts at or below the simplified acquisition threshold.
* * * * *
22.1006 Contract clauses.
56. Section 22.1006 is amended by revising the heading to read as
set forth above and by removing from the first two sentences of
paragraphs (c)(1) and (c)(2) the phrase ``small purchase
limitation(s)'' and inserting ``simplified acquisition threshold(s)''
in their places.
PART 23--ENVIRONMENT CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE
57. Section 23.101 is amended by revising the first sentence to
read as follows:
23.101 Applicability.
This subpart does not apply to contracts below the simplified
acquisition threshold or to the use of facilities outside the United
States. * * *
58. Section 23.501 is amended by revising paragraph (a) to read as
follows:
23.501 Applicability.
* * * * *
(a) Contracts at or below the simplified acquisition threshold;
however, the requirements of this subpart shall apply to contracts of
any value if the contract is awarded to an individual;
* * * * *
59. Section 23.504 is amended by revising the introductory text of
paragraph (a) to read as follows:
23.504 Policy.
(a) No offeror other than an individual shall be considered a
responsible source (see 9.104-1) for a contract that exceeds the
simplified acquisition threshold, unless it has certified, pursuant to
52.223-5, Certification Regarding a Drug-Free Workplace by--
* * * * *
60. Section 23.505 is amended by revising paragraph (a)(2) an
adding paragraph (c)(4) to read as follows:
23.505 Solicitation provision and contract clause.
* * * * *
(a) * * *
(2) Expected to exceed the simplified acquisition threshold if the
contract is expected to be awarded to other than an individual; or
* * * * *
(c) * * *
(4) The resultant contract is expected to be at or below the
simplified acquisition threshold.
PART 25--FOREIGN ACQUISITION
61. Section 25.302 is amended by revising paragraph (b)(1) to read
as follows:
25.302 Policy.
* * * * *
(b) * * *
(1) The estimated cost of the product or service is at or below the
simplified acquisition threshold in Part 13.
* * * * *
62. Section 25.703 is amended by revising the third sentence to
read as follows:
25.703 Exceptions.
* * * The approval level for this exception is the contracting
officer for acquisitions at or below the simplified acquisition
threshold unless otherwise provided by agency procedures. In the case
of contracts in excess of the simplified acquisition threshold, the
approval level is the agency head. * * *
PART 27--PATENTS, DATA, AND COPYRIGHTS
63. Section 27.201-2 is amended by revising paragraph (a) to read
as follows:
27.201-2 Clauses on authorization and consent.
(a) The contracting officer shall insert the clause at 52-227- 1,
Authorization and Consent, in solicitations and contracts (including
those for construction; architect-engineer services; dismantling,
demolition, or removal of improvements; and noncommon carrier
communication services), except when using simplified acquisition
procedures or both complete performance and delivery are outside the
United States, its possessions, and Puerto Rico. Although the clause is
not required when simplified acquisition procedures are used, it may be
used with them.
* * * * *
64. Section 27.202-2 is revised to read as follows:
27.202-2 Clause on notice and assistance.
The contracting officer shall insert the clause at 52.227-2, Notice
and Assistance Regarding Patent and Copyright Infringement, in supply,
service, or research and development solicitations and contracts
(including construction and architech-engineer contracts) which
anticipate a contract value above the simplified acquisition threshold,
except when complete performance and delivery are outside the United
States, its possessions, and Puerto Rico, unless the contracts indicate
that the supplies or other deliverables are ultimately to be shipped
into one of those areas.
65. Section 27.203-1 is amended by revising paragraph (b)(4) to
read as follows:
27.203-1 General.
* * * * *
(b) * * *
(4) When the contract is awarded using simplified acquisition
procedures.
* * * * *
PART 28--BONDS AND INSURANCE
66. Section 28.103-2 is amended by revising the first sentence of
paragraph (a) to read as follows:
28.103-2 Performance bonds.
(a) Performance bonds may be required for contracts exceeding the
simplified acquisition threshold when necessary to protect the
Government's interest.* * *
28.103-3 Payment bonds.
67. Section 28.103-3(a) is amended by removing the word ``A'' at
the beginning of the paragraph and inserting the phrase ``For
acquisitions in excess of the simplified acquisition threshold a'' in
its place. [[Page 12381]]
68. Section 28.310 is amended by revising paragraph (a)
introductory text to read as follows:
28.310 Contract clause for work on a Government installation.
(a) The contracting officer shall insert the clause at 52.228-5,
Insurance--Work on a Government Installation, in solicitations and
contracts when a fixed-price contract is contemplated, the contract
amount is expected to exceed the simplified acquisition threshold in
Part 13, and the contract will require work on a Government
installation, unless--
* * * * *
PART 29--TAXES
69. Section 29.401-3 is revised to read as follows:
29.401-3 Competitive contracts.
The contracting officer shall insert the clause at 52-229-3,
Federal, State, and Local Taxes, in solicitations and contracts if the
contract is to be performed wholly or partly within the United States,
its possessions, or Puerto Rico when a fixed-price contract is
contemplated, and the contract is expected to exceed the simplified
acquisition threshold in 13.000, unless the clause at 52.229-4,
Federal, State, and Local Taxes (Noncompetitive Contract), is included
in the contract.
29.401-4 [Amended]
70. Section 29.401-4 is amended by removing the words ``small
purchase limitation'' after the words ``exceeds the'' and inserting the
words ``simplified acquisition threshold.''
* * * * *
PART 32--CONTRACT FINANCING
71. Section 32.617 is amended by revising paragraph (a)(1) to read
as follows:
32.617 Contract clause.
(a) * * *
(1) Contracts at or below the simplified acquisition threshold.
* * * * *
72. Section 32.901 is revised to read as follows:
32.901 Applicability.
This subpart applies to all Government contracts (including
contracts at or below the simplified acquisition threshold as defined
in Subpart 13.1), except contracts with payment penalties established
by other governmental authority (e.g., tariffs).
73. Section 32.908 is amended by revising paragraph (c) to read as
follows:
32.908 Contract clause.
* * * * *
(c) The contracting officer shall insert the clause at 52.232-25,
Prompt Payment, in all other solicitations and contracts (including
contracts at or below the simplified acquisition threshold in Part 13),
except as indicated in 32.901.
* * * * *
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
36.502, 36.503, 36.506, 36.508, 36.509, 36.510, 36.512, 36.513, 36.515,
36.521, 36.602-5, and 36.702 [Amended]
74a. Part 36 amended by removing the phrase ``exceed the small
purchase limitation'' and inserting ``exceed the simplified acquisition
threshold'' in its place in the following locations:
36.502 36.509 36.515
36.503 36.510 36.521
36.506 36.512 36.602-5
36.508 36.513(a) 36.702(b)(2)
36.511, 36.701, 36.702 [Amended]
74b. Part 36 amended by removing the phrase ``exceed the small
purchase limitations'' and inserting ``exceed the simplified
acquisition threshold'' in the following locations: 36.511, 36.701(b),
and 36.702(b)(2).
36.502, 36.503, 36.506, 36.508, 36.509, 36.510, 36.512, 36.513, 36.521,
36.701, and 36.702 [Amended]
74c. Part 36 is amended by removing the phrase ``within the small
purchase limitation'' and inserting ``at or below the simplified
acquisition threshold'' in its place at the following locations:
36.502, 36.503, 36.506, 36.508, 36.509, 36.510, 36.512, 36.513(a),
36.515, 36.521, 36.602-5, 36.701(c).
36.511, 36.701, and 36.702 [Amended]
74d. Part 36 is amended by removing the phrase ``within the small
purchase limitations'' and inserting ``at or below the simplified
acquisition threshold'' in its place at the following locations:
36.511, 36.701(b), 36.702-(b)(2).
PART 41--ACQUISITION OF UTILITY SERVICES
75. In 41.201(b) the first sentence is revised to read as follows:
41.201 Policy.
* * * * *
(b) Except for acquisitions at or below the simplified acquisition
threshold in Part 13, agencies shall acquire utility services by a
bilateral written contract, which must include the clauses required by
41.501, regardless of whether rates or terms and conditions of service
are fixed or adjusted by a regulatory body.* * *
* * * * *
PART 42--CONTRACT ADMINISTRATION
42.903 [Amended]
76. In 42.903 the phrase ``small purchase limitation'' is removed
and ``simplified acquisition threshold'' is inserted in its place.
42.1104 [Amended]
77. In 42.1104(b), the phrase ``Contracts of value less than the
small purchase'' is removed and ``Contracts at or below the simplified
acquisition threshold'' is inserted in its place.
PART 43--CONTRACT MODIFICATIONS
43.205 [Amended]
78. In section 43.205(d)(2) and (e), the phrase ``applicable small
purchase limitation'' is removed and ``simplified acquisition
threshold'' is inserted in its place.
PART 44--SUBCONTRACTING POLICIES AND PROCEDURES
44.201-2 and 44.204 [Amended]
79. In sections 44.201-2(b) and 44.204(e), the phrase ``small
purchase limitation is removed and ``simplified acquisition threshold''
is inserted in its place.
PART 45--GOVERNMENT PROPERTY
80. Section 45.106 is amended by revising paragraph (e) to read as
follows:
45.106 Government property clauses.
* * * * *
(e) When the cost of the item to be repaired does not exceed the
simplified acquisition threshold (but see 13.103(b)), purchase orders
for property repair need not include a Government property clause.
* * * * *
PART 46--QUALITY ASSURANCE
46.202-1 [Amended]
81. In section 46.202-1(a), the phrase ``under small purchases'' is
removed and ``at or below the simplified acquisition threshold'' is
inserted in its place.
46.301 [Amended]
82. In section 46.301 in the introductory text the phrase ``within
the small purchase limitation'' is removed and ``at or below the
simplified acquisition threshold'' is inserted in its place.
[[Page 12382]]
46.302 [Amended]
83. In the first sentence of section 46.302 the phrase ``small
purchase limitation'' is removed and ``simplified acquisition
threshold'' is inserted in its place; and in the second sentence the
phrase ``within the small purchase limitation'' is removed and ``at or
below the simplified acquisition threshold'' is inserted in its place.
46.304 [Amended]
84. In section 46.304 the phrase ``small purchase limitation'' is
removed and ``simplified acquisition threshold'' is inserted in its
place and the phrase ``within the small purchase limitation'' is
removed and ``at or below the simplified acquisition threshold'' is
inserted in its place.
46.307 [Amended]
85. In Section 46.307(a)(3), the phrase ``small purchase
limitation'' is removed and ``simplified acquisition threshold'' is
inserted in its place; and in paragraph (b) the phrase ``within the
small purchase limitation'' is removed and ``at or below the simplified
acquisition threshold'' is inserted in its place.
46.312 [Amended]
86. In the first sentence of section 46.312 the phrase ``small
purchase limitation'' is removed and ``simplified acquisition
threshold'' is inserted in its place; and in the second sentence the
phrase ``within small purchase limitation'' is removed and ``at or
below the simplified acquisition threshold'' is inserted in its place.
46.316 [Amended]
87. In Section 46.316, the phrase ``small purchase limitation'' is
removed and ``simplified acquisition threshold'' is inserted in its
place; and in the second sentence the phrase ``within small purchase
limitation'' is removed and ``at or below the simplified acquisition
threshold'' is inserted in its place.
46.404 Government contract quality assurance for acquisitions at or
below the simplified acquisition threshold.
88. Section 46.404 is amended by revising the heading; removing the
words ``small purchases'' in paragraphs (a) and (b)(1) and inserting
``contracts at or below the simplified acquisition threshold'' in their
place.
89. Section 46.805 is amended by revising the heading of the
introductory text of paragraph (a) and revising paragraph (b) to read
as follows:
46.805 Contract clauses.
(a) Contracts that exceed the simplified acquisition threshold in
13.000.* * *
* * * * *
(b) Acquisitions at or below the simplified acquisition threshold
in 13.000. The clauses prescribed by paragraph (a) of this section are
not required for contracts at or below the simplified acquisition
threshold in 13.000. However in response to a contractor's specific
request, the contracting officer may insert the clauses prescribed in
paragraph (a)(1) or (a)(4) of this section in a contract at or below
the simplified acquisition threshold in 13.000 and obtain any price
reduction that is appropriate.
PART 47--TRANSPORTATION
90. Section 47.104-4(a)(2), is amended by removing the phrase
``small purchases under'' and inserting ``contracts at or below the
simplified acquisition threshold in'' in its place; and revising
paragraph (b) to read as follows:
47.104-4 Contract clause.
* * * * *
(b) The contracting officer may insert the clause at 52.247-1,
Commercial Bill of Lading Notations, in solicitations and contracts
made at or below the simplified acquisition threshold in Part 13 when
it is contemplated that the delivery terms will be f.o.b. origin.
47.200 [Amended]
91. In 47.200(b)(4), remove the phrase ``Small purchases under''
and insert ``Contracts at or below the simplified acquisition threshold
in'' in its place.
47.205 [Amended]
92. In section 47.205, paragraph (b), remove the phrase ``small
purchase limitation'' and insert ``the threshold for use of simplified
acquisition procedures in Part 13 `` in its place; and remove the
phrase ``the small purchase procedures'' and insert ``simplified
acquisition procedures'' in its place.
47.305-16 [Amended]
93. In the first sentence of 47.305-16(b)(1) remove the phrase
``awarded under small purchase procedures of'' and insert ``at or below
the simplified acquisition threshold'' in its place.
94. Section 47.405 is revised to read as follows:
47.405 Contract clause.
The contracting officer shall insert the clause at 52.247-63,
Preference for U.S.-Flag Air Carriers, in solicitations and contracts
whenever it is possible that U.S. Government-financed international air
transportation of personnel (and their personal effects) or property
will occur in the performance of the contract. This clause does not
apply to contracts awarded using the simplified acquisition procedures
in Part 13.
95. Section 47.504 is amended by revising paragraph (d) to read as
follows:
47.504 Exceptions.
* * * * *
(d) Contracts awarded using the simplified acquisition procedures
in Part 13.
PART 49--TERMINATION OF CONTRACTS
49.504 [Amended]
96. In section 49.504 at paragraphs (a)(1), (b) and (c)(1) in the
first sentence remove the phrase ``small purchase limitation'' and
insert ``simplified acquisition threshold'' in its place; and in the
second sentence remove the phrase ``not expected to exceed the small
purchase limitation'' and insert ``at or below the simplified
acquisition threshold;''
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.203-6 [Amended]
97. In the clause at 52.203-6 the date of the clause is revised to
read (XXX 1995) and at the end of paragraph (c) add the phrase ``,
which exceed $100,000.''
52.203-7 [Amended]
98. In the clause at 52.203-7 the date of the clause is revised to
read (XXX 1995) and at the end of paragraph (c)(5) add the phrase ``,
which exceed $100,000.''
52.209-6 [Amended]
99. In the clause at 52.209-6 the date of the clause is revised to
read (XXX 1995) and in the second sentence of paragraph (a) and in
paragraph (b) remove the phrase ``small purchase limitation'' and
insert ``simplified acquisition threshold.''
100. Sections 52.213-2 and 52.213-3 are amended by revising the
introductory paragraphs to read as follows:
52.213-2 Invoices.
As prescribed in 13.507(b), insert the following clause:
* * * * * [[Page 12383]]
52.213-3 Notice to Supplier.
As prescribed in 13.507(c), insert the following clause in unpriced
purchase orders:
* * * * *
52.215-1 [Amended]
101. In the clause at 52.215-1 the date of the clause is revised to
read (XXX 1995) and in the first sentence of paragraph (c) after the
first appearance of ``subcontracts'' add the phrase ``, exceeding
$100,000,''.
52.215-2 [Amended]
102. In the clause in section 52.215-2, the date is revised to read
(XXX 1995) and in paragraph (f) remove the phrase ``are over the small
purchase limitation'' and insert ``exceed the simplified acquisition
threshold'' in its place.
103. Section 52.216-1 is amended by revising the introductory
paragraph to read as follows:
52.216-1 Type of contract.
As prescribed in 16.105, complete and insert the following
provision:
* * * * *
52.222-4 [Amended]
104. In the clause at 52.222-4 the date is revised to read (XXX
1995) and in the first sentence of paragraph (e) following
``subcontracts'' the first time it appears add the phrase ``, exceeding
$100,000,''
105. Section 52.223-5 is amended in the clause by revising the date
and revising paragraph (b) introductory text to read as follows:
52.223-5 Certification regarding a drug-free workplace.
* * * * *
Certification Regarding a Drug-Free Workplace (XXX 1995)
* * * * *
(b) By submission of its offer, the offeror (other than an
individual responding to a solicitation that is expected to exceed the
simplified acquisition threshold), certifies and agrees, that with
respect to all employees of the offeror to be employed under a contract
resulting from this solicitation, it will--no later than 30 calendar
days after contract award (unless a longer period is agreed to in
writing), for contracts of 30 calendar days or more performance
duration; or as soon as possible for contracts of less than 30 calendar
days performance duration, but in any case, by a date prior to when
performance is expected to be completed--
* * * * *
52.227-1 [Amended]
106. In the clause at section 52.227-1, revise the clause date to
read ``(XXX 1995)'' and paragraph (b) remove ``$25,000'' after the word
exceed'' and insert ``the simplified acquisition threshold'' in its
place; and remove the phrase ``under or over $25,000'' and insert
``including those at or below the simplified acquisition threshold'' in
its place.
52.227-3 [Amended]
107. In section 52.227-3, Alternate III, revise the clause date to
read ``(XXX 1995)'' and remove ``$25,000'' and insert ``the simplified
acquisition threshold'' in its place
108. The introductory paragraphs in sections 52.236-2, 52.236-3,
52.236-6, 52.236-8, 52.236-9, 52.236-10, 52.236-11, 52.236-12, 52.236-
15, 52.236-21, and 52.243-5 are revised to read as follows:
52.236-2 Differing site conditions.
As prescribed in 36.502, insert the following clause:
* * * * *
52.236-3 Site investigation and conditions Affecting the Work.
As prescribed in 36.503, insert the following clause:
* * * * *
52.236-6 Superintendence by the contractor.
As prescribed in 36.506, insert the following clause:
* * * * *
52.236-8 Other contracts.
As prescribed in 36.508, insert the following clause:
* * * * *
52.236-9 Protection of existing vegetation, structures, equipment,
utilities, and improvements.
As prescribed in 36.509, insert the following clause:
* * * * *
52.236-10 Operations and storage areas.
As prescribed in 36.510, insert the following clause:
* * * * *
52.236-11 Use and possession prior to completion.
As prescribed in 36.511, insert the following clause:
* * * * *
52.236-12 Cleaning up.
As prescribed in 36.512, insert the following clause:
* * * * *
52.236-15 Schedules for construction contracts.
As prescribed in 36.515, insert the following clause:
* * * * *
52.236-21 Specifications and drawings for construction.
As prescribed in 36.521, insert the following clause:
* * * * *
52.243-5 Changes and changed conditions.
As prescribed in 43.205(e), insert the following clause:
* * * * *
52.244-2 [Amended]
109. In section 52.244-2, Alternate I, revise the parenthetical
date to read ``(XXX 1995)'' and in paragraph (a)(2) remove the phrase
``small purchase limitation'' and insert ``simplified acquisition
threshold'' in its place.
110. Section 52.244-5 is amended by revising the introductory text
and removing paragraphs (a) and (b) to read as follows:
52.244-5 Competition in subcontracting.
As prescribed in 44.204(e), insert the following clause:
* * * * *
111. The introductory paragraphs of sections 52.246-1, 52.246-7,
52.246-12, 52.246-16, 52.246-23, 52.246-24, and 52.246-25 are revised
to read as follows:
52.246-1 Contractor inspection requirements.
As prescribed in 46.301, insert the following clause:
* * * * *
52.246-7 Inspection of research and development-fixed price.
As prescribed in 46.307(a), insert the following clause:
* * * * *
52.246-12 Inspection of construction.
As prescribed in 46.312, insert the following clause:
* * * * *
52.246-16 Responsibilities for suppliers.
As prescribed in 46.316, insert the following clause:
* * * * *
52.246-23 Limitation of liability.
As prescribed in 46.805, insert the following clause:
* * * * * [[Page 12384]]
52.246-24 Limitation of liability-high-value items.
As prescribed in 46.805, insert the following clause:
* * * * *
52.246-25 Limitation of liability-services.
As prescribed in 46.805, insert the following clause:
* * * * *
112. Section 52.247-1 is amended by adding the introductory
paragraph and removing paragraphs (a) and (b) to read as follows:
52.247-1 Commercial bill of lading notations.
As prescribed in 47.104-4, insert the following clause:
* * * * *
52.247-64 [Amended]
113. In the clause at section 52.247-64, the date is revised to
read ``(XXX 1995)''; in paragraph (d) remove the words ``small
purchases'' and insert ``contracts at or below the simplified
acquisition threshold'' in their place; and in paragraph (e)(1), remove
the words ``Small purchases'' and insert ``Contracts at or below the
simplified acquisition threshold'' in their place.
114. In sections 52.249-8, 52.249-9, and 52.249-10 the introductory
paragraphs are revised to read as follows:
52.249-8 Default (Fixed-price supply and service).
As prescribed in 49.504(a)(1), insert the following clause:
* * * * *
52.249-9 Default (Fixed-price research and development).
As prescribed in 49.504(b), insert the following clause:
* * * * *
52.249-10 Default (Fixed-price construction).
As prescribed in 49.504(c)(1), insert the following clause:
* * * * *
PART 53--FORMS
115. Section 53.213 is amended by revising the heading, the
introductory paragraph, and paragraphs (a), (c), and (e)(1) to read as
follows:
53.213 Simplified acquisition procedures (SF's 18, 30, 44, 1165, OF's
347, 348).
The following forms are prescribed as stated below for use in
simplified acquisition procedures, orders under existing contracts or
agreements, and orders from required sources of supplies and services;
(a) SF 18 (Rev. 5/93), Request for Quotations. SF 18 prescribed in
53.215-1(a), shall be used in obtaining price, cost, delivery, and
related information from suppliers as specified in 13.107(a).
* * * * *
(c) SF 44 (Rev. 10/83), Purchase Order Invoice Voucher. SF 44 is
prescribed for use in simplified acquisition procedures, as specified
in 13.505-3.
* * * * *
(e) * * *
(1) To accomplish acquisitions under simplified acquisition
procedures, as specified in 13.505-1(a)(2).
* * * * *
116. Section 53.215-1 is amended by revising the introductory
paragraph to read as follows:
53.215-1 Solicitation and receipt of proposals and quotations.
The following forms are prescribed, as stated below, for use in
contracting by negotiation (except for construction, architect-engineer
services, or acquisitions made using simplified acquisition
procedures):
* * * * *
[FR Doc. 95-5451 Filed 3-3-95; 8:45 am]
BILLING CODE 6820-34-P