Overview
Subpart 13.2 prescribes policies and procedures for the acquisition of supplies and services at or below the micro-purchase threshold (MPT). This subpart emphasizes streamlined procedures, favoring the use of the Governmentwide commercial purchase card and minimizing administrative overhead to ensure efficient, low-dollar procurement.
Key Rules
- Preferred Payment Method: The Governmentwide commercial purchase card is the preferred method for both making and paying for micro-purchases.
- Minimal Documentation: Micro-purchases do not require provisions or clauses (with limited exceptions), and competition is not required if the price is deemed reasonable.
- Price Reasonableness: Verification of price reasonableness is only required if the purchaser suspects the price is not reasonable or if there is no comparable pricing information available.
- Equitable Distribution: To the extent practicable, micro-purchases must be distributed equitably among qualified suppliers (avoiding "favoritism").
- Contingency/Emergency Increases: The MPT increases significantly for acquisitions supporting contingency operations, international disaster assistance, or recovery from cyber, nuclear, or CBRN attacks ($25,000 inside the U.S.; $40,000 outside the U.S.).
- Required Compliance: Even at this low dollar level, purchasers must still comply with Part 8 (Required Sources of Supplies and Services) and Part 23 (Sustainable Procurement).
- Prohibited Technology: Micro-purchases are strictly prohibited from including Kaspersky Lab products, covered telecommunications equipment (Huawei, ZTE, etc.), TikTok (on government devices/contracts), and prohibited unmanned aircraft systems (drones).
- Anti-Deficiency Protections: Clause 52.232-39 is automatically incorporated into all micro-purchases to nullify any "indemnification" or "hold harmless" clauses found in software EULAs or Terms of Service that would violate the Anti-Deficiency Act.
Responsibilities
- Agency Heads: Encouraged to delegate micro-purchase authority to the lowest possible level to streamline operations.
- Purchasers (Contracting Officers or Authorized Individuals):
- Must be properly trained and authorized per agency procedures.
- Responsible for determining price reasonableness.
- Must ensure they are not procuring prohibited items (e.g., Kaspersky, prohibited Chinese telecom).
- Must distribute purchases equitably among vendors.
- Head of Agency (Specific to Contingencies): Must make the formal determination that an acquisition is supporting a contingency or emergency operation to trigger higher spending thresholds.
Practical Implications
- Efficiency over Competition: In real-world scenarios, this subpart allows government employees to act like commercial consumers, "swiping a card" for office supplies or minor services without the weeks of solicitation and evaluation required for larger contracts.
- The "EULA" Shield: For IT professionals, this subpart provides a vital legal safety net. When a government employee "clicks to accept" a software license to download a tool, any clause that would normally bind the government to unlimited liability is automatically rendered unenforceable, protecting the buyer from administrative or criminal penalties under the Anti-Deficiency Act.
- Strict Prohibitions: Even for a $50 purchase, the buyer cannot ignore national security bans. Buying a prohibited brand of drone or a software license from a banned source remains a violation of the FAR, regardless of the low dollar value.
- Audit Trail: While documentation is minimal, if a buyer consistently uses the same vendor, they must be prepared to justify why they aren't "equitably distributing" those awards to other qualified small businesses or suppliers.