Overview
This section prescribes the mandatory documentation, justification, and approval (J&A) procedures for sole source and brand-name commercial acquisitions conducted under the simplified procedures of FAR Subpart 13.5. It ensures that while these high-value commercial procurements benefit from streamlined processes, they remain transparent and appropriately authorized when competition is restricted.
Key Rules
- Exemption from Part 6: While these acquisitions are exempt from the full requirements of FAR Part 6 (Competition Requirements), they still require written justifications for any non-competitive actions.
- Justification Format: J&As must follow the format at FAR 6.303-2 but must be modified to specifically cite the authority of 41 U.S.C. 1901 or 1903 (the authorities governing FAR 13.5).
- Public Disclosure Timelines:
- Sole Source: Must be made public within 14 days of award (or 30 days for unusual and compelling urgency).
- Brand Name: Must be posted along with the solicitation itself.
- Approval Thresholds: Approval levels are based on the total dollar value (including options):
- Up to $900,000: The Contracting Officer (CO).
- $900,000 to $20 Million: The Advocate for Competition for the procuring activity.
- $20 Million to $90 Million ($150M for DoD/NASA/CG): The Head of the Procuring Activity.
- Over $90 Million ($150M for DoD/NASA/CG): The Senior Procurement Executive of the agency.
- Contract File Contents: Files must include a description of the procedures used, the number of offers received, an explanation of the award basis tailored to complexity, and any required J&As.
Practical Implications
- Streamlined Compliance: Government buyers can bypass the more rigid J&A requirements of FAR Part 6 for commercial items, but they must strictly adhere to the specific approval thresholds and non-delegable authorities listed in 13.501.
- Posting Risks: Contracting Officers must be careful to post brand-name justifications simultaneously with the solicitation; failing to do so is a common procedural error that differs from the post-award posting timeline allowed for general sole source justifications.