Overview
FAR Subpart 13.5 authorizes the use of simplified acquisition procedures for commercial products and services valued above the Simplified Acquisition Threshold (SAT) but not exceeding $9 million (or $15 million for specific contingency or emergency operations). The subpart aims to provide Contracting Officers (COs) with greater procedural flexibility and discretion to maximize efficiency, reduce administrative burdens, and streamline the award process for commercial acquisitions.
Key Rules
- Thresholds: Standard use is limited to acquisitions up to $9 million. This increases to $15 million for acquisitions supporting contingency operations, defense against attacks (cyber, NBCR), or international disaster/emergency relief.
- Commerciality Requirement: These procedures can only be used if the CO reasonably expects, based on market research, that offers will only include commercial products or services.
- Applicability of FAR Part 12: Acquisitions under this subpart must still comply with FAR Part 12 (Acquisition of Commercial Products and Commercial Services), including the use of commercial contract clauses.
- Exemption from FAR Part 6: While these acquisitions are exempt from the full and open competition requirements of Part 6, sole-source or brand-name requirements still require written Justifications and Approvals (J&As).
- Public Transparency: Sole-source justifications must be made public within 14 days of award (30 days for urgency). Brand-name justifications must be posted alongside the solicitation.
- File Documentation: COs must document the procedures used, the number of offers received, the basis for the award decision, and any approved justifications.
Responsibilities
- Contracting Officers:
- Conduct market research to ensure the requirement is for commercial items.
- Certify that J&As for sole-source actions up to $900,000 are accurate and complete.
- Ensure proper documentation of the award decision and procedural choices.
- Advocate for Competition: Must approve J&As for sole-source acquisitions exceeding $900,000 but not exceeding $20 million.
- Head of Procuring Activity (HPA): Must approve J&As for acquisitions exceeding $20 million up to $90 million (or $150 million for DoD, NASA, and the Coast Guard).
- Agency Head/Senior Procurement Executive: Responsible for approvals exceeding the HPA threshold ($90M/$150M).
Practical Implications
- Reduced Lead Times: By utilizing simplified procedures for high-dollar commercial buys (up to $9M), agencies can significantly reduce the "lead time" compared to standard FAR Part 15 (Negotiated Contracting) procedures.
- Evaluation Flexibility: COs can use streamlined evaluation methods (e.g., comparative evaluations) rather than the rigid scoring systems often found in large-scale source selections.
- Sole-Source Scrutiny: Even though the process is "simplified," the rigor of J&A approvals increases significantly as the dollar value climbs. A $10 million sole-source commercial buy requires high-level approval (Advocate for Competition), preventing COs from bypassing competition without top-tier oversight.
- Emergency Responsiveness: The increased $15 million threshold for disaster relief and contingency operations allows the government to procure critical commercial supplies (like medical equipment or tech infrastructure) rapidly during crises without the administrative overhead of a full formal competition.