[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)]
[Rules and Regulations]
[Pages 39189-39199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18499]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION-
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION-
48 CFR Parts 1, 2, 3, 4, 5, 8, 11, 12, 13, 15, 16, 19, 22, 23, 25,
28, 29, 32, 36, 41, 42, 43, 44, 45, 46, 47, 52, and 53-
[FAC 90-40; FAR Cases 94-770 and 94-771; Item II] -
RIN 9000-AG18/9000-AG26
Federal Acquisition Regulation; Simplified Acquisition Threshold/
Federal Acquisition Computer Network; and Micro-Purchase Procedures
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rules adopted as final with changes.
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SUMMARY: The Federal Acquisition Regulatory Council is amending the
Federal Acquisition Regulation (FAR) to finalize the interim rules
concerning simplified acquisition procedures and Federal Acquisition
Computer Network (FACNET) requirements of the Federal Acquisition
Streamlining Act of 1994. This rule also implements section 4302 of the
Federal Acquisition Reform Act which deleted the requirement for
attaining interim FACNET certification before simplified acquisition
procedures could be used between $50,000 and $100,000. This is a
significant rule within the meaning of Executive Order 12866; however,
it is not a major rule under 5 U.S.C. 804.
EFFECTIVE DATE: August 26, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Paul Linfield at (202) 501-1757 in
reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4037, GS Building, Washington, DC 20405, (202) 501-
4755. Please cite FAC 90-40, FAR cases 94-770 and 94-771.
SUPPLEMENTARY INFORMATION:
A. Background-
The Federal Acquisition Streamlining Act of 1994, Public Law 103-
355 (FASA), provided a number of authorities that streamlined the
acquisition process and made a number of substantial changes in the
manner in which relatively low dollar procurements are conducted. FASA
created a micro-purchase threshold of $2,500, a simplified acquisition
threshold of $100,000, provided for the use of simplified acquisition
procedures up to the $100,000 threshold, and created the Federal
Acquisition Computer Network (FACNET). FASA limited use of simplified
acquisition procedures by procurement activities not having certified
interim FACNET to procurements not exceeding $50,000. The Federal
Acquisition Reform Act of 1996 (Division D of the National Defense
Authorization Act for Fiscal Year 1996), Public Law 104-106 (FARA),
deleted the requirement for attaining interim FACNET certification
before simplified acquisition procedures could be used between $50,000
and $100,000. This final rule implements that provision of FARA, as
well as the aforementioned provisions of FASA.
The simplified acquisition procedures of FASA were implemented in
the FAR at 60 FR 34741 on July 3, 1995, in FAC 90-29, FAR case 94-770.
The micro-purchase provisions of FASA were implemented in the FAR at 59
FR 64786 on December 15, 1994, in FAC 90-24, FAR case 94-771. Also
published in FAC 90-29 was an interim rule on FAR case 91-104,
Electronic Contracting, which remains interim and is not being
finalized at this time.
An interagency team is considering technical issues pertaining to
Central Contractor Registration at FAR 4.503. There may be additional
changes to that section as part of FAR case 94-772.
Among the changes in this final rule are:
--Definitions contained in the rule have been moved to FAR 2.101.
--The requirement for interim FACNET to be accomplished before
simplified acquisition procedures can be used for acquisitions between
$50,000 and $100,000 has been deleted.
--The clause at 52.222-40, Service Contract Act of 1965, as amended,
Contracts of $2,500 or Less, has been deleted based upon a regulatory
change by the Department of Labor.
--An information phone number for FACNET is provided in 4.503.
--The coverage in Part 13 on small business programs has been moved to
Part 19 under FAR case 94-782 of this Federal Acquisition Circular.
Note that for non-FACNET acquisitions over $25,000, a synopsis for 15
days is still required.
B. Regulatory Flexibility Act-
The Regulatory Flexibility Act, 5 U.S.C. 601, et seq., applies to
this final rule, and a Final Regulatory Flexibility Analysis (FRFA) has
been prepared and submitted to the Chief Counsel for Advocacy for the
Small Business Administration. This rule implements the simplified
acquisition procedures and Federal Acquisition Computer Network
(FACNET) requirements of the Federal Acquisition Streamlining Act of
1994 (the Act) (Public Law 103-355). The rule applies to all
businesses, large and small organizations, educational and nonprofit,
who are interested in participating in Government acquisitions at or
below the simplified acquisition threshold of $100,000. The
implementation of FACNET provides for the electronic exchange of
acquisition information between the private sector and the Federal
Government. It is estimated that the electronic exchange of acquisition
information will improve business opportunities for more than 300,000
vendors currently doing business with the Government. A copy of the
FRFA may be obtained from the FAR Secretariat at the General Services
Administration, 18th and F Streets NW., Washington, DC 20405.
C. Paperwork Reduction Act-
This final rule does impose an additional reporting or
recordkeeping requirement on the public which requires the approval of
the Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.
Contractors are required to electronically register with
[[Page 39190]]
the Central Contractor Registration operated by the Defense Information
Megacenter. The information to be provided is information currently
reported under several existing forms including the SF 129,
Solicitation Mailing List Application, the SF 3881, ACH Vendor/
Miscellaneous Payment Enrollment Form, and the DD-1052, Request for
Assignment of a Commercial and Government Entity (CAGE) Code.
Contractors are required to provide information pertaining to their
electronic data interchange (EDI) capabilities. Establishment of a
central registration system should eliminate the need to submit
multiple registrations with each contracting office the contractor
wishes to do business with.
A request for approval of the information collection requirement
concerning simplified acquisition procedures was submitted to OMB and
approved through April 30, 1998, under OMB Control Number 9000-0137.
Public comments concerning this request were invited through a Federal
Register notice at 60 FR 11659, March 2, 1995. No comments were
received in response to this notice.
D. Public Comments-
Public comments were solicited at 59 FR 64786, December 15, 1994,
and 60 FR 34741, July 3, 1995. In response to the Federal Register
notice, 30 commenters responded with hundreds of specific comments.
These comments were considered in the formulation of the final rule. A
matrix of comments is available from the FAR Secretariat.
List of Subjects in 48 CFR Parts 1, 2, 3, 4, 5, 8, 11, 12, 13, 15, 16,
19, 22, 23, 25, 28, 29, 32, 36, 41, 42, 43, 44, 45, 46, 47, 52, and 53-
Government procurement.
Dated: July 16, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
-Therefore, the interim rules for FAR case 94-770 (60 FR 34741,
July 3, 1995) and FAR case 94-771 (59 FR 64786, December 15, 1994) are
adopted as final with the following changes:-
1. The authority citation for 48 CFR 1, 2, 3, 4, 5, 8, 11, 12, 13,
15, 16, 19, 22, 23, 25, 28, 29, 32, 36, 41, 42, 43, 44, 45, 46, 47, 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).
Chapter 1 [Amended]-
2. The following sections are amended by removing the words ``in
Part 13'':
2.201
3.502-3
3.503-2
4.603
4.805(b)(13) introductory text
5.303(b), introductory text
8.203-1(a)(1)
15.106-1(b)(1)
16.504(c)(1)(v)
19.702, introductory text
19.708(a)
28.310(a)
29.401-3
29.401-4
32.202-1(b)(2)
32.908(c)
41.201(b)
42.903
43.205 (d)(2) and (e)
44.201-2(b)(2)
44.204(e)
45.106(e)
46.805 (a) and (b) heading and introductory text;
47.104-4 (a)(2) and (b)
47.200(b)(4)
47.305-16(b)
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
3. Section 1.304 is amended by revising paragraph (a) to read as
follows:
1.304 Agency control and compliance procedures.-
(a) Under the authorities of 1.301(c), agencies shall control and
limit issuance of agency acquisition regulations and, in particular,
local agency directives that restrain the flexibilities found in the
FAR, and shall establish formal procedures for the review of these
documents to assure compliance with this part 1.
* * * * *-
4. Section 1.603-3 is revised to read as follows:
1.603-3 Appointment.-
(a) Contracting officers shall be appointed in writing on an SF
1402, Certificate of Appointment, which shall state any limitations on
the scope of authority to be exercised, other than limitations
contained in applicable law or regulation. Appointing officials shall
maintain files containing copies of all appointments that have not been
terminated.-
(b) Agency heads are encouraged to delegate micro-purchase
authority to individuals who are employees of an executive agency or
members of the Armed Forces of the United States who will be using the
supplies or services being purchased. Individuals delegated this
authority are not required to be appointed on an SF 1402, but shall be
appointed in writing in accordance with agency procedures.
PART 2-DEFINITIONS OF WORDS AND TERMS-
5. Section 2.101 is amended to add, in alphabetical order, the
definitions of ``delivery order,'' ``Federal Acquisition Computer
Network (FACNET) Architecture,'' ``full FACNET,'' ``Governmentwide
FACNET,'' ``interim FACNET,'' ``micro-purchase,'' ``micro-purchase
threshold,'' ``simplified acquisition procedures,'' ``simplified
acquisition threshold,'' and ``task order'' to read as follows:
2.101 Definitions.
* * * * *-
Delivery order means an order for supplies placed against an
established contract or with Government sources.
* * * * *-
Federal Acquisition Computer Network (FACNET) Architecture means
the Governmentwide Electronic Commerce/Electronic Data Interchange (EC/
EDI) operational capability 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, were entered into by the agency
during the preceding fiscal year using an interim FACNET certified
electronic automated information system.-
Governmentwide FACNET means that the Federal Government has
certified its FACNET capability, 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, entered into by the executive agencies during the preceding
fiscal year were made through electronic automated information systems
with full FACNET certification.
* * * * *-
Interim FACNET means a contracting office has been certified as
having implemented the electronic automated information systems
capability to provide widespread public notice of contracting
opportunities, issue solicitations, and receive responses to
solicitations and associated requests for
[[Page 39191]]
information. Such capability must allow the private sector to access
notices of solicitations, access and review solicitations, and respond
to solicitations.
* * * * *-
Micro-purchase means an acquisition of supplies or services (except
construction), the aggregate amount of which does not exceed $2,500,
except that in the case of construction, the limit is $2,000. -
Micro-purchase threshold means $2,500.
* * * * *-
Simplified acquisition procedures means the methods prescribed in
part 13 for making purchases of supplies or services.-
Simplified acquisition threshold means $100,000, except that in the
case of any contract to be awarded and performed, or purchase to be
made, outside the United States in support of a contingency operation
as defined in 10 U.S.C. 101(a)(13), the term means $200,000.
* * * * *-
Task order means an order for services placed against an
established contract or with Government sources.
* * * * *
PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
6. Section 3.104-4 is amended by revising paragraph (h)(5) to read
as follows:
3.104-4 Definitions.
* * * * *-
(h) * * *-
(5) For purposes of 3.104-4(h), the term procurement official does
not include contracting officers or other individuals whose authority
is limited to the micro-purchase threshold if the head of the
contracting activity determines that it is unlikely that the individual
will make purchases in a total amount greater than $20,000 in any 12-
month period.
3.104-10 [Amended]-
7. Section 3.104-10 is amended in paragraph (c) by removing the
parenthetical ``(see Part 13).''
8. Section 3.502-2 is amended to revise the heading and the
introductory text of paragraph (i) and to add paragraph (j) to read as
follows:
3.502-2 Subcontractor kickbacks.
* * * * *-
(i) Requires each contracting agency to include in each prime
contract exceeding $100,000 for other than commercial items (see part
12), a requirement that the prime contractor shall--
* * * * *-
(j) Notwithstanding paragraph (i) of this subsection, a prime
contractor shall cooperate fully with any Federal government agency
investigating a violation of Section 3 of the Anti-Kickback Act of 1986
(41 U.S.C. 51-58).
PART 4--ADMINISTRATIVE MATTERS-
9. Section 4.501 is amended---
a. By removing the definitions of ``Federal Acquisition Computer
Network (FACNET),'' ``Full FACNET,'' ``Governmentwide FACNET,''
``Interim FACNET,'' ``Value-Added Network (VAN),'' and ``Value-Added
Service (VAS)''; -
b. By revising the heading of the definition of ``ANSI X.12'' to
read ``ANSI X12, as used in this subpart,'';-
c. By inserting, following the end of the definition headings for
``electronic commerce (EC),'' ``electronic data interchange (EDI),''
and ``transaction set'', the phrase ``, as used in this subpart,'';
and-
d. By adding, in alphabetical order, the definitions of
``Implementation convention'' and ``Trading partner''. The revised text
reads as follows:
4.501 Definitions.
* * * * *-
Implementation convention (IC), as used in this subpart, means the
common practices and/or interpretations of the use of ANSI X12
standards. Conventions define how trading partners will use the
standards for their mutual needs. The Federal IC will be used by
organizational elements of the Federal community and by government
organizations and by Trading Partners to exchange data with the Federal
community.-
Trading Partner, as used in this subpart, means a business that has
agreed to exchange business information electronically.
* * * * *-
10. Section 4.502 is amended by revising paragraph (a); by removing
paragraphs (b) and (c), and redesignating paragraph (d) as (b) to read
as follows:
4.502 Policy.-
(a) The Federal Government shall use FACNET whenever practicable or
cost-effective. Contracting officers may supplement FACNET transactions
by using other media to meet the requirements of any contract action
governed by the FAR (e.g., transmit hard copy of drawings).-
* * * * *
11. Section 4.503 is revised to read as follows:
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 Central Contractor Registration (CCR). Phone (800)
EDI-3414 for information regarding FACNET.-
(b) The contractor will be required to submit trading partner
profile information, including a Data Universal Numbering System (DUNS)
number, in accordance with the Federal implementation conventions of
the appropriate ANSI X12 transaction set for contractor registration.-
12. Section 4.504 is amended by revising the introductory text for
paragraphs (a) and (b) to read as follows:
4.504 FACNET functions.-
(a) For agencies--
* * * * *-
(b) For the private sector--
* * * * *
4.507 [Removed]-
13. Section 4.507 is removed.
4.800 [Amended]-
14. Section 4.800 is amended in the parenthetical by removing the
reference ``12.106-2'' and inserting ``13.106-2(d)'' in its place.
PART 5--PUBLICIZING CONTRACT ACTIONS-
15. Section 5.101 is amended by revising the first sentence of
paragraph (a)(2) and by revising paragraph (a)(2)(ii) to read as
follows:
5.101 Methods of disseminating information.
* * * * *-
(a) * * *
* * * * *-
(2) For proposed contract actions expected to exceed $10,000, but
not expected to exceed $25,000, by displaying in a public place,
including on an electronic bulletin board, or any other appropriate
electronic means located 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). * *
*
* * * * *-
(ii) The contracting officer need not comply with the display
requirements of this section when the exemptions at 5.202 (a)(1),
(a)(4) through (a)(9), or (a)(11) apply, or when oral or FACNET
solicitations are used.
* * * * *-
[[Page 39192]]
16. Section 5.202 is amended to revise paragraphs (a)(2) and
(a)(14) to read as follows:
5.202 Exceptions.
* * * * *-
(a) * * *-
(2) The contract action is made under the conditions described in
6.302-2 (or, for purchases conducted using simplified acquisition
procedures, if unusual and compelling urgency precludes competition to
the maximum extent practicable) and the Government would be seriously
injured if the agency complies with the time periods specified in
5.203;
* * * * *-
(14) The contract action is for an amount at or below $250,000 and
is made through FACNET after Governmentwide FACNET has been certified
pursuant to 4.505-3; or
* * * * *
5.203 [Amended]-
17. Section 5.203 is amended in the first sentence of paragraph (b)
by removing ``respond for'' and inserting ``respond to''.-
18. Section 5.205 is amended in paragraph (d)(2) by revising the
first sentence to read as follows:
5.205 Special situations.
* * * * *-
(d) * * *-
(2) When the total fee is expected to exceed $10,000 but not exceed
$25,000, the contracting officer shall comply with 5.101(a)(2). * * *
* * * * *-
19. Section 5.207 is amended by revising paragraph (c)(2)(xiv) and
the first sentence of (e)(3) to read as follows:
5.207 Preparation and transmittal of synopses.
* * * * *-
(c) * * *
(2) * * *
(xiv) In the case of noncompetitive contract actions (including
those that do not exceed the simplified acquisition threshold),
identify the intended source (see 5.207(e)(3)) and insert a statement
of the reason justifying the lack of competition.
* * * * * -
(e) * * *
(3) In the case of a noncompetitive contract action expected to
exceed the simplified acquisition threshold, the synopsis shall refer
to Numbered Note 22. * * *
20. Section 5.503 is amended in paragraph (a) by designating the
existing text as (a)(1) and adding paragraph (a)(2); by removing
paragraph (c) and redesignating paragraphs (d) and (e), as (c) and (d),
respectively. The revised text reads as follows:
5.503 Procedures. -
(a) General. (1) * * *-
(2) The contracting officer shall use the SF 1449 for paper
solicitations. The SF 1449 shall be used to make awards or place orders
unless the award/order is made via FACNET or by using the
Governmentwide commercial purchase card for micro-purchases.
* * * * *
PART 11--DESCRIBING AGENCY NEEDS-
21. Section 11.002 is amended to revise paragraph (a)(1)(i) to read
as follows:
11.002 Policy.
(a) * * *
(1) * * *
(i) Promote full and open competition (see part 6), or maximum
practicable competition when using simplified acquisition procedures,
with due regard to the nature of the supplies or services to be
acquired; and
* * * * *-
22. Section 11.104 is amended to add paragraph (c) to read as
follows:
11.104 Items peculiar to one manufacturer.
* * * * *-
(c) The basis for not providing for maximum practicable competition
is documented in the file when the acquisition is awarded using
simplified acquisition procedures.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.102 [Amended]-
23. Section 12.102 is amended in paragraphs (d)(1) and (d)(4) by
removing the parenthetical ``(see Subpart 13.6)'' and by revising the
parenthetical in paragraph (d)(2) to read ``(see 13.505)''.
12.206 [Amended]
24. Section 12.206 is amended in the last sentence by revising
``13.106-1'' to read ``13.106-2''.
12.301 [Amended]-
25. Section 12.301 is amended in paragraph (c)(2) by revising
``13.106-1'' to read ``13.106-2''.
12.602 [Amended]-
26. Section 12.602 is amended in the first sentence of paragraph
(a) and the sixth sentence of paragraph (b) by revising ``13.106-1'' to
read ``13.106-2''.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES-
27. Section 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, research and
development, and commercial items, the aggregate amount of which does
not exceed the simplified acquisition threshold (see 2.101). See part
12, Acquisition of Commercial Items, for policies applicable to the
acquisition of commercial items exceeding the micro-purchase threshold.
See 36.602-5 for simplified procedures to be used when acquiring
architect-engineer services.-
28. Section 13.101 is amended by removing the definitions of
``delivery order,'' ``micro-purchase,'' ``micro-purchase threshold,''
``simplified acquisition procedures,'' and ``simplified acquisition
threshold''; by inserting, following the end of the definition heading
``bulk funding'', ``, as used in this part,''; by revising the
definition of ``Governmentwide commercial purchase card''; by inserting
following the end of the definition headings ``imprest fund,'' and
``purchase order'', ``, as used in this part,''; and by adding, in
alphabetical order, the definition for ``third party draft'' to read as
follows:
13.101 Definitions.
* * * * *-
Governmentwide commercial purchase card, as used in this part,
means a purchase card, similar in nature to a commercial credit card,
issued to authorized agency personnel to use to acquire and to pay for
supplies and services.
* * * * *
Third party draft, as used in this part, means an agency bank
draft, similar to a check, which is used to acquire and to pay for
supplies and services. (See Treasury Financial Manual Section
3040.70.)-
29. Section 13.102 is amended by revising paragraph (b) and by
removing the comma at the end of paragraph (c) to read as follows:
13.102 Purpose.
* * * * *
(b) Improve opportunities for small business, small disadvantaged
business, and women-owned small business concerns to obtain a fair
proportion of Government contracts;
* * * * *
[[Page 39193]]
30. Section 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 (including purchases
below the micro-purchase threshold), unless requirements can be met by
using required sources of supply under part 8 (e.g., Federal Prison
Industries, Committee for Purchase from People Who Are Blind or
Severely Disabled, and Federal Supply Schedule contracts), GSA
Nonmandatory Schedule Contracts for FIP Resources, existing indefinite
delivery/indefinite quantity contracts, or other established
contracts.-
(b) The contracting office shall not use simplified acquisition
procedures for contract actions exceeding $50,000 after December 31,
1999, unless the office's cognizant agency has certified full FACNET
capability in accordance with 4.505-2.-
(c) Simplified acquisition procedures shall not be used in the
acquisition of supplies and services initially estimated to exceed the
simplified acquisition threshold even though resulting awards do not
exceed that threshold. Requirements aggregating more than the
simplified acquisition threshold or the micro-purchase threshold shall
not be broken down into several purchases that are less than the
applicable threshold merely to permit use of simplified acquisition
procedures, or to avoid any requirements that apply to purchases
exceeding the micro-purchase threshold.-
(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) The Governmentwide commercial purchase card is the preferred
means to purchase and pay for micro-purchases. This is not intended to
limit use of the purchase card to micro-purchases, if otherwise
authorized under agency procedures, nor is it intended to preclude use
of electronic purchasing techniques.-
(f) Agencies are encouraged to use the Governmentwide commercial
purchase card and electronic purchasing techniques to the maximum
extent practicable. The Governmentwide commercial purchase card may be
used to purchase and pay for purchases under part 8 procedures when
authorized, under existing indefinite delivery/indefinite quantity
contracts, or from other established contracts in accordance with
agency procedures.
(g) FACNET shall be used to acquire supplies and services
(including construction, research and development, and architect-
engineer) for contract actions exceeding the micro-purchase threshold,
but not exceeding the simplified acquisition threshold when practicable
and cost-effective (see 4.506). Drawings and lengthy specifications can
be provided off-line in hard copy or through other appropriate means.
(h) Contracting officers shall establish deadlines for the
submission of responses to solicitations which afford suppliers a
reasonable opportunity to respond in accordance with 5.203, Publicizing
and response time.
(i) Contracting officers shall consider all quotes/offers that are
timely received.
(j) Contracting officers are encouraged to use innovative
approaches in awarding contracts using the simplified acquisition
procedures under the authority of this part. For commercial items,
contracting officers may use either the streamlined solicitation
procedure in subpart 12.6 or the existing procedures in parts 13, 14,
15, 35, or 36 as applicable, if they are more streamlined and
beneficial, thereby allowing maximum flexibility. For other than
commercial items, the procedures in other FAR parts may be appropriate.
Other FAR parts that may be used include, but are not limited to parts
14, 15, 35, or 36.
(k) Micro-purchases may be awarded using any of the purchasing
methods covered in this part, provided the purchaser is authorized and
trained, pursuant to agency regulations, to use those methods.
31. Section 13.104 is amended by revising paragraphs (b), (e), and
(f) to read as follows:
13.104 Procedures.
* * * * *
(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'' or ``multiple award'' basis if suppliers are so advised
when quotations are requested.
* * * * *
(e) Agencies shall use United States-owned excess or near-excess
foreign currency, if appropriate, in making payments under simplified
acquisition procedures (see subpart 25.3).
(f) For proposed purchases covered by this part, see 5.101 and
5.203 to determine if public display and synopsis requirements apply.
* * * * *
32. Section 13.105 is revised to read as follows:
13.105 Small business set-asides.
(a) Each acquisition (non-FACNET and FACNET) of supplies or
services that has an anticipated dollar value exceeding $2,500 and not
exceeding $100,000, is reserved exclusively for small business concerns
and shall be set aside in accordance with subpart 19.5.
(b) Each written solicitation under a set-aside shall contain the
appropriate provisions prescribed by part 19. If the solicitation is
oral, however, information substantially identical to that which is in
the provision shall be given to potential quoters.
33. Sections 13.106, 13.106-1 and 13.106-2 are revised to read as
follows:
13.106 Soliciting competition, evaluation of quotes, and award.
13.106-1 Purchases at or below the micro-purchase threshold.
(a) Soliciting competition, evaluation of quotes, and award. (1) To
the extent practicable, micro-purchases shall be distributed equitably
among qualified suppliers.
(2) Micro-purchases (as defined in 2.101) may be awarded without
soliciting competitive quotations if the contracting officer or
individual appointed in accordance with 1.603-3(b) considers the price
reasonable.
(3) The administrative cost of verifying the reasonableness of the
price for purchases at or below the micro-purchase threshold may more
than offset potential savings from detecting instances of overpricing.
Therefore, action to verify price reasonableness need only be taken
if--
(i) The contracting officer or individual appointed in accordance
with 1.603-3(b) suspects or has information to indicate that the price
may not be reasonable (e.g., comparison to the previous price paid or
personal knowledge of the supply or service); or
(ii) Purchasing a supply or service for which no comparable pricing
information is readily available (e.g., a supply or service that is not
the same as, or is not similar to, other supplies or services that have
recently been purchased on a competitive basis).
(4) Prompt payment discounts should be solicited.
(5) Clauses are not required for micro-purchases using any method
in part 12 or 13. However, this does not prohibit the use of any clause
prescribed elsewhere in this chapter when
[[Page 39194]]
determined necessary by the contracting officer.
(b) Documentation. Minimize the documentation to support micro-
purchases.
13.106-2 Purchases exceeding the micro-purchase threshold.
(a) Soliciting competition. (1) Contracting officers shall promote
competition to the maximum extent practicable to 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) including the administrative cost of the purchase.
Solicitations shall notify suppliers of the basis upon which award is
to be made.
(2) If FACNET is not available, or an exemption set forth in 4.506
applies, quotations may be solicited through other appropriate means.
The contracting officer shall comply with the requirements of 5.101
when not soliciting via FACNET.-
(3) Requests for quotations should be solicited orally to the
maximum extent practicable when FACNET is not available or a written
determination has been made that it is not practicable or cost-
effective to purchase via FACNET. However, oral solicitations may not
be practicable for contract actions exceeding $25,000 because of the
synopsis requirement in 5.101. Sufficient information to permit
suppliers to develop quotations may be incorporated into a combined
synopsis/solicitation. In such cases, the contracting officer is not
required to issue a separate solicitation. 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. Written solicitations shall be issued for
construction contracts over $2,000.-
(4) If using simplified acquisition procedures and not using
FACNET, maximum practicable competition ordinarily can be obtained
without soliciting quotations or offers from sources outside the local
trade area. Generally, solicitation of at least three sources may be
considered to promote competition to the maximum extent practicable if
the contract action does not require synopsis pursuant to 5.101 and
5.202. 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.-
(5) Contracting officers may solicit from one source if the
contracting officer determines that the circumstances of the contract
action deem only one source reasonably available.-
(6) Contracting officers shall not limit solicitations to suppliers
of well-known and widely distributed makes or brands (see 11.104), or
solicit quotations on a personal preference basis.-
(7) In accordance with 14.408-3, 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.-
(8)(i) Each contracting office should maintain a source list (or
lists, if more convenient). New supply sources for the list may be
obtained from a variety of sources, including the Central Contractor
Registration (CCR) data base (see 4.503). The list should identify 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 may be used as the basis to ensure that
small business concerns are given opportunities to respond to
solicitations issued using simplified acquisition procedures.-
(b) Evaluation of quotes or offers.
(1) Contracting officers may evaluate quotes or offers based on
price alone or price and other factors (see 13.106-2(a)(1)).
Contracting officers are encouraged to use best value. Formal
evaluation plans, conduct of discussions, and scoring of quotes or
offers are not required. Evaluation of other factors, such as past
performance, 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 of and previous experience with the item or service
being purchased, customer surveys, or other reasonable basis. When
evaluating quotes or offers on price and other factors, the evaluation
must be performed based on the criteria established in the
solicitation. -
(2) Standing price quotations may be used in lieu of obtaining
individual quotations each time a purchase is contemplated. In such
cases, contracting officers shall ensure that the pricing information
is current and that the Government obtains the benefit of maximum
discounts before award is made.-
(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 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 ask it to confirm or alter its requirement.
The file shall be documented to support the final action taken.-
(2) Except for awards conducted through FACNET, notification to
unsuccessful suppliers shall be given only if requested.-
(3) If a supplier requests information on an award which was based
on factors other than price, a brief explanation of the basis for the
contract award decision shall be provided (see 15.1002(c)(2)).-
(d) Data to support purchases. (1) The determination that a
proposed price is reasonable should be based on competitive quotations/
offers. If only one response is received, 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 market research, 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, comparison to
an independent government estimate, or any other reasonable basis.-
(2) When other than price-related factors are considered in
selecting the supplier (see 13.106-2(b)(1)), the contracting officer
shall document the file to support the final award decision.-
(3) If only one source is solicited, an additional notation shall
be made to explain the absence of competition,
[[Page 39195]]
except for acquisition of utility services available from only one
source.-
(4) Documentation should be kept to a minimum. The following
illustrate the extent to which quotation/offer information should be
recorded:-
(i) 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.-
(ii) Written solicitations (see 2.101). Written records of
solicitations/offers may be limited to notes or abstracts to show
prices, delivery, references to printed price lists used, the supplier
or suppliers contacted, and other pertinent data.
(5) Purchasing offices shall retain data supporting purchases
(paper or electronic) to the minimum extent and duration necessary for
management review purposes (see subpart 4.8) when using simplified
acquisition procedures.-
34. Section 13.107 is revised to read as follows:
13.107 Solicitation forms.-
(a) The SF 1449, Solicitation/Contract/Order for Commercial Items,
shall be used by the contracting officer when issuing a paper
solicitation for commercial items, except when using a combined
synopsis/solicitation (see subpart 12.6). This form may be used for
other than commercial items.-
(b) Except when quotations are solicited via FACNET, other
electronic means, or orally, the SF 1449; SF 18, Request for
Quotations; or other agency authorized form/automated format may be
used for other than commercial items. -
(c) OF 336, Continuation Sheet, may be used when additional space
is needed.-
35. Section 13.108 is amended by revising the first sentence of
paragraph (b) to read as follows:
13.108 Legal effect of quotations.
* * * * *-
(b) When appropriate, the contracting officer may ask the supplier
to indicate acceptance of an order by notification to the Government,
preferably in writing, as defined at 2.101. * * *
* * * * *
13.109 [Amended]-
36. Section 13.109 is amended in the first sentence by inserting
``task or'' before ``delivery orders'', and in the beginning of the
second sentence by removing ``Therefore,''.-
37. Section 13.110 is amended by revising paragraphs (a)(2) and
(a)(3); by removing paragraphs (a)(8), (a)(9), (a)(11), (a)(12), and
(a)(13), and redesignating (a)(10) as (a)(8) to read as follows:
13.110 Federal Acquisition Streamlining Act of 1994 (FASA) list of
inapplicable laws.-
(a) * * *-
(2) 40 U.S.C. 270a (Miller Act). (Although the Miller Act no longer
applies to contracts at or below the simplified acquisition threshold,
alternative forms of payment protection for suppliers of labor and
material are still required if the contract exceeds $25,000.)-
(3) 40 U.S.C. 327 to 333 (Contract Work Hours and Safety Standards
Act).
* * * * *-
38. Section 13.111 is amended by revising the introductory text and
paragraph (a); removing paragraph (b) and redesignating the existing
paragraphs (c) through (i) as paragraphs (b) through (h); revising the
newly designated paragraph (e); in the newly designated paragraph (g)
by removing ``and''; in the newly designated paragraph (h) by removing
the ``period'' and inserting ``; and''; and by adding a new paragraph
(i) to read as follows:
13.111 Inapplicable provisions and clauses.-
While certain statutes still apply, pursuant to Public Law 103-355,
the following provisions and clauses are inapplicable to contracts and
subcontracts at or below the simplified acquisition threshold---
(a) Clauses implementing Miller Act requirements in 28.102-3;
* * * * *-
(e) 52.215-2, Audit and Records--Negotiation;
* * * * *-
(i) 52.223-8, Estimate of Percentage of Recovered Material for
Designated Items to be Used in the Performance of the Contract.-
39. Section 13.202 is revised to read as follows:
13.202 Establishment of blanket purchase agreements (BPAs).-
(a) The following are circumstances under which contracting
officers may establish BPAs:-
(1) There is a wide variety of items in a broad class of supplies
or services that are generally purchased, but the exact items,
quantities, and delivery requirements are not known in advance and may
vary considerably.-
(2) 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) Use of this procedure would avoid the writing of numerous
purchase orders.-
(b) After determining a BPA would be advantageous, contracting
officers shall---
(1) Establish the parameters to limit purchases to individual items
or commodity groups or classes, or permit the supplier to furnish
unlimited supplies or services; and-
(2) Consider suppliers whose past performance has shown them to be
dependable, who offer good quality at consistently lower prices, and
who have provided numerous purchases at or below the simplified
acquisition threshold.-
(c) BPAs may be established with---
(1) More than one supplier for supplies or services of the same
type to provide maximum practicable competition;-
(2) A single firm from which numerous individual purchases at or
below the simplified acquisition threshold will likely be made in a
given period; or
(3) Federal Supply Schedule contractors and Federal Information
Processing Multiple Award Schedule contractors (see part 39), if not
inconsistent with the terms of the applicable schedule contract.-
(d) BPAs should be prepared without a purchase requisition and only
after contacting suppliers to make the necessary arrangements for---
(1) Securing maximum discounts;-
(2) Documenting individual purchase transactions;
(3) Periodic billings; and-
(4) Incorporating other necessary details.-
(e) BPAs shall be prepared on the forms specified in 13.505(a) and
shall not cite accounting and appropriation data (see 13.204(e)(4)).-
(1) The following terms and conditions are mandatory:-
(i) 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.
(ii) Extent of obligation. A statement that the Government is
obligated only to the extent of authorized purchases actually made
under the BPA.
(iii) Pricing. A statement that the prices to the Government shall
be as low or lower than those charged the supplier's most favored
customer for comparable quantities under similar
[[Page 39196]]
terms and conditions, in addition to any discounts for prompt payment.
(iv) Purchase limitation. A statement that specifies the dollar
limitation for each individual purchase under the BPA (see 13.204(b)).-
(v) Individuals authorized to purchase under the BPA. 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.
(vi) 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:-
(A) Name of supplier.
(B) BPA number.
(C) Date of purchase.-
(D) Purchase number.
(E) Itemized list of supplies or services furnished.-
(F) 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).-
(G) Date of delivery or shipment.-
(vii) Invoices. One of the following statements shall be included
(except that the statement in paragraph (e)(1)(vii)(C) 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):-
(A) 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.-
(B) 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.-
(C) When billing procedures provide for an individual invoice for
each delivery, these invoices shall be accumulated; provided, that--
(1) A consolidated payment will be made for each specified period;
and -
(2) 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.-
(D) 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.-
(2) If the fast payment procedure is used, the requirements stated
in 13.303 shall be included.
13.203 and 13.203-1 [Removed]
13.203-2 [Redesignated as 13.203]
40. Sections 13.203 and 13.203-1 are removed, and section 13.203-2
is redesignated as 13.203 and amended in paragraph (b) by revising the
citation ``22.305(a)(1)'' to read ``22.305(a)''.-
41. Section 13.204 is amended by revising paragraph (b) and the
second sentence of paragraph (c); and in paragraphs (e) introductory
text, (e)(1), and (e)(4) by removing the words ``under BPAs''. The
revised text reads as follows:
13.204 Purchases under Blanket Purchase Agreements.
* * * * *-
(b)-Unless otherwise specified in agency regulations, individual
purchases under BPAs, except those BPAs established in accordance with
13.202(c)(3), shall not exceed $100,000.-
(c) * * * The requirements of 13.105, 13.106-2, and subpart 19.5
also apply to each order.
* * * * *-
42. Section 13.302 is amended by revising paragraph (a); and in
paragraph (b) by removing the second sentence to read as follows:
13.302 Conditions for use.
* * * * *-
(a) Individual purchasing instruments 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.
* * * * *
13.303 [Amended]-
43. Section 13.303 is amended by removing paragraphs (a) and
(b)(4); by removing the designation of paragraph (b), and redesignating
paragraphs (b)(1), (b)(2), and (b)(3) as paragraphs (a), (b), and (c).
44. Subpart 13.4, consisting of sections 13.401, 13.402, 13.403,
and 13.404, is revised to read as follows:
Subpart 13.4--Imprest Fund
13.401 General.
This subpart prescribes policies and procedures for using imprest
funds and third party drafts to acquire and pay for supplies or
services. Related policies and regulations concerning the establishment
of and accounting for imprest funds and third party drafts, 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 and third party drafts shall--
(a) Periodically review and determine whether there is a continuing
need for each fund or third party draft account established, and that
amounts of those funds or accounts are not in excess of actual needs;-
(b) Take prompt action to have imprest funds or third party draft
accounts 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 or third party drafts; and-
(2) Documentation of purchases using imprest funds or third party
drafts, including documentation of--
(i) Receipt and acceptance of supplies and services by the
Government;-
(ii) Receipt of cash or third party draft payments by the
suppliers; and-
(iii) Cash advances and reimbursements.
13.403 Conditions for use. -
Imprest funds or third party drafts may be used for purchases
when---
(a) The imprest fund transaction does not exceed $500 or such other
limits as have been approved by the agency head;-
(b) The third party draft transaction does not exceed $2,500,
unless authorized at a higher level in accordance with Treasury
restrictions;-
(c) The use of imprest funds or third party drafts is considered to
be advantageous to the Government; and-
[[Page 39197]]
(d) The use of imprest funds or third party drafts for the
transaction otherwise complies with any additional conditions
established by agencies and with the policies and regulations
referenced in 13.401.
13.404 Procedures.-
(a) Each purchase using imprest funds or third party drafts shall
be based upon an authorized purchase requisition, contracting officer
verification statement, or other agency approved method of ensuring
adequate funds are available for the purchase.-
(b) Normally, purchases should be placed orally and without
soliciting competition if prices are considered reasonable.-
(c) Purchases shall be distributed equitably among qualified
suppliers.-
(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''
(or ``payment to be made from third-party draft,'' as appropriate).-
(f) The individual authorized to make purchases using imprest funds
or third party drafts shall---
(1) Furnish to the imprest fund or third party draft cashier a copy
of the document required under 13.404(a) annotated to reflect---
(i) That an imprest fund or third party draft purchase has been
made;-
(ii) The unit prices and extensions;-
(iii) The supplier's name and address; and-
(iv) The date of anticipated delivery.-
(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.-
45. Section 13.501 is amended by revising paragraphs (a), (c), (d),
and (g) to read as follows:
13.501 General.
(a) Except as provided under the unpriced purchase order method
(see 13.502), purchase orders generally are issued on a fixed-price
basis. See part 12 for acquisition of commercial items.
* * * * *-
(c) Purchase orders shall specify the quantity of supplies or scope
of services ordered.
(d) Inspections under simplified acquisition procedures shall be as
prescribed in part 46. Orders generally will 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,
or equivalent notice, shall be furnished to consignee(s) for material
receipt purposes. Receiving reports shall be accomplished immediately
upon receipt and acceptance of material.
* * * * *-
(g) The contracting officer's signature (see 2.101) on purchase
orders shall be in accordance with 4.101. Facsimile and electronic
signature may be used in the production of purchase orders by automated
methods.
* * * * *
13.502 [Amended]-
46. Section 13.502 is amended by removing paragraph (b)(1) and
redesignating paragraphs (b)(2) and (b)(3) as (b)(1) and (b)(2),
respectively; in paragraph (c) by removing the parenthetical at the end
of the first sentence; and at the end of the last sentence of paragraph
(c) by removing the parenthetical ``(see 13.106-2(a))'' and inserting
''(see 13.106-2(d)).''-
47. Section 13.503 is amended by revising paragraph (a) to read as
follows:
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 (see 2.101) acceptance of the purchase
order by the contractor.
* * * * *-
48. Section 13.505 is revised to read as follows:
13.505 Purchase order and related forms. -
(a) The following are multipurpose forms used for negotiated
purchases of supplies or services, delivery or task orders, inspection
and receiving reports, and invoices:-
(1) SF 1449 shall be used for commercial items.-
(2) For other than commercial items, SF 1449, OF 347, or an agency
form/automated format may be used. Agencies may print on the latter
forms the clauses considered to be generally suitable for purchases.-
(3) OF 348 or an agency form/automated format may be used when
additional space is needed.-
(b) SF 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.-
(1) SF 44 may be used if all of the following conditions are
satisfied:-
(i) The amount of the purchase is at or below the micro-purchase
threshold, except for purchases made under unusual and compelling
urgency or in support of contingency operations. Agencies may establish
higher dollar limitations for specific activities or items.-
(ii) The supplies or services are immediately available.-
(iii) One delivery and one payment will be made.-
(iv) Its use is determined to be more economical and efficient than
use of other simplified acquisition methods.-
(2) General procedural instructions governing the use of SF 44 are
printed on the form and on the inside front cover of each book of
forms.-
(3) Since there is, for all practical purposes, simultaneous
placing of purchase orders on SF 44 and delivery of the items ordered,
clauses are not required for purchases using this form.-
(4) Agencies shall provide adequate safeguards regarding the
control of forms and accounting for purchases.
13.505-1 through 13.505-3, and 13.506 [Removed]-
49. Sections 13.505-1, 13.505-2, 13.505-3, and 13.506 are removed.
13.507 [Redesignated as 13.506]-
50. Section 13.507 is redesignated as 13.506.
Subpart 13.6--[Removed]-
51. Subpart 13.6, Micro-Purchase, consisting of 13.601, 13.602, and
13.603, is removed.
PART 15--CONTRACTING BY NEGOTIATION
15.401 [Amended]-
52. Section 15.401 is amended in paragraph (a) by deleting the
parenthetical ``(see Part 13)''.
15.602 [Amended]-
53. Section 15.602 is amended in paragraph (b) by removing the
parenthetical ``(see Part 13)''.
PART 16--TYPES OF CONTRACTS-
54. Section 16.000 is amended by revising the first sentence to
read as follows:
[[Page 39198]]
16.000 Scope of part.-
This part describes types of contracts that may be used in
acquisitions. * * *
55. Section 16.103 is amended by revising paragraph (d)(1) to read
as follows:
16.103 Negotiating contract type.
* * * * *
(d) * * * (1) fixed-price acquisitions made under simplified
acquisition procedures, * * *
16.105 [Amended]-
56. Section 16.105 is amended in paragraph (a) by removing the
parenthetical ``(see Part 13)''.
16.703 [Amended]-
57. Section 16.703 is amended at the end of paragraph (c)(1)(vi) by
removing ``(b)'' from the reference ``13.303(b)''.
PART 19--SMALL BUSINESS PROGRAMS
19.303 [Amended]-
58. Section 19.303 is amended in paragraph (a) by removing ``in
13.101''.
19.501 [Amended]-
59. Section 19.501 is amended in paragraph (d) by removing ``in
13.101''.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT AGENCIES
22.1003-4 [Amended]-
60. Section 22.1003-4 is amended in paragraph (b)(4)(iii)(B) by
removing ``22.1005 and'' in the first parenthetical.
22.1005 [Removed]-
61. Section 22.1005 is removed and reserved.
22.1022 [Amended]-
62. Section 22.1022 is amended in the first sentence by removing
the words ``52.222-40, Service Contract Act of 1965, as amended--
Contracts of $2,500 or Less, or the clause at''.
PART 23--ENVIRONMENT CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE-
63. Section 23.405 is amended to revise paragraph (b)(1), and to
amend paragraphs (b)(2) and (b)(3) by adding ``exceeding the simplified
acquisition threshold'' following the word ``solicitations''. The
revised text reads as follows:
23.405 Solicitation provisions and contract clause.
* * * * *
(b)(1) The contracting officer shall insert the provision at
52.223-8, Estimate of Percentage of Recovered Material for Designated
Items to be Used in the Performance of the Contract, in solicitations
exceeding the simplified acquisition threshold that contain a
requirement for an EPA designated item.
* * * * *
PART 25--FOREIGN ACQUISITION-
64. Section 25.302 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 25.302 Policy.
* * * * *
(b) * * * -
(1) The estimated cost of the product or service is at or below the
simplified acquisition threshold.
* * * * *
PART 29-TAXES
Sec. 29.402-1 [Amended]-
65. Section 29.402-1 is amended in paragraphs (a) and (b) by
removing the phrase ``dollar amount in 13.000'' and inserting in their
place ``simplified acquisition threshold''.
PART 32--CONTRACT FINANCING
Sec. 32.901 [Amended]-
66. Section 32.901 is amended by removing from the first
parenthetical ``as defined in Subpart 13.1''.
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEERING CONTRACTS
Sec. 36.701 [Amended]-
67. Section 36.701 is amended in paragraph (c) by removing the
phrase ``small purchases documents (see Part 13, Small Purchases and
Other Simplified Purchase Procedures)'' and inserting in its place
``simplified acquisitions (see part 13)''.
PART 47--TRANSPORTATION
Sec. 47.205 [Amended]-
68. Section 47.205 is amended in paragraph (b) by removing the
words ``at 13.101''.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Sec. 52.203-6 [Amended]
69. Section 52.203-6 is amended by revising the clause date to read
``[JUL 1995]''.
Sec. 52.213-2 [Amended]-
70. Section 52.213-2 is amended in the introductory text by
revising the citation ``13.507(b)'' to read ``13.506(b)''.
Sec. 52.213-3 [Amended]-
71. Section 52.213-3 is amended in the introductory text by
revising the citation ``13.507(c)'' to read ``13.506(c)''.
Sec. 52.215-2 [Amended]-
72. Section 52.215-2 is amended in the clause heading by removing
``(OCT 1995)'' and inserting (AUG 1996); and in the introductory text
of paragraph (g) by removing the words ``in FAR Part 13.''
Sec. 52.222-40 [Removed]-
73. Section 52.222-40 is removed and reserved.
Sec. 52.227-2 [Amended]-
74. Section 52.227-2 is amended by revising the date of the clause
to read ``(AUG 1996)''; and in paragraph (c) by removing the phrase
``dollar amount set forth in 13.000 of the Federal Acquisition
Regulation (FAR).'' and inserting in its place ``simplified acquisition
threshold at FAR 2.101.''
Sec. 52.244-2 [Amended]-
75. Section 52.244-2 is amended in Alternate I of the clause by
removing (JUL 1995)'' and inserting ``(AUG 1996)''; and in paragraph
(a)(2) of Alternate I by removing the words ``in Part 13 of the Federal
Acquisition Regulation.''
Sec. 52.247-64 [Amended]-
76. Section 52.247-64 is amended in the clause heading by removing
``(JUL 1995)'' and inserting ``(AUG 1996)''; in paragraph (d) by
removing the words ``as described in FAR Part 13''; and in paragraph
(e)(1) by removing the words ``as defined in FAR Part 13.''
PART 53--FORMS-
77. Section 53.205--1 is revised to read as follows:
Sec. 53.205-1 Paid advertisements. -
SF 1449, prescribed in 53.212, shall be used to place orders for
paid advertisements as specified in 5.503.-
78. Section 53.213 is revised to read as follows:
Sec. 53.213 Simplified acquisition procedures (SF's 18, 30, 44, 1165,
1449, OF's 336, 347, 348).-
The following forms are prescribed as stated in this section 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. 6/95), Request for Quotations, or SF 1449, (10/95
Ed.) Solicitation/Contract/Order for Commercial Items. SF 18 prescribed
in 53.215-1(a) or SF 1449 prescribed in 53.212 (or approved agency
forms/
[[Page 39199]]
automated formats) shall be used in obtaining price, cost, delivery,
and related information from suppliers as specified in 13.107. -
(b) SF 30 (REV. 10/83), Amendment of Solicitation/Modification of
Contract. SF 30, prescribed in 53.243, may be used for modifying
purchase orders, as specified in 13.503(b). -
(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(b). -
(d) SF 1165 (6/83 Ed.), Receipt for Cash-Subvoucher. SF 1165 (GAO)
may be used for imprest fund purchases, as specified in 13.404(e). -
(e) OF 336 (4/86 Ed.), Continuation Sheet. OF 336, prescribed in
53.214(h), may be used as a continuation sheet in solicitations, as
specified in 13.107(c).-
(f) SF 1449, (10/95 Ed.) Solicitation/Contract/Order for Commercial
Items prescribed in 53.212, OF 347 (REV. 6/95), Order for Supplies or
Services, and OF 348 (10/83 Ed.), Order for Supplies or Services-
Schedule Continuation. SF 1449, OF's 347 and 348 (or approved agency
forms/automated formats) may be used as follows: -
(1) To accomplish acquisitions under simplified acquisition
procedures, as specified in 13.505. -
(2) To establish blanket purchase agreements (BPA's), as specified
in 13.202, and to make purchases under BPA's, as specified in
13.204(e). -
(3) To issue orders under basic ordering agreements, as specified
in 16.703(d)(2)(i). -
(4) As otherwise specified in this chapter (e.g., see 5.503(a)(2),
8.405-2, 36.701(c), and 51.102(e)(3)(ii)).
Sec. 53.216-1, 53.236-1, and 53.251 [Amended]-
79. The following sections are amended by removing the reference
``53.213(e)'' and inserting ``53.213(f)'':-
a. 53.216-1; -
b. 53.236-1(f); and -
c. 53.251.
[FR Doc. 96-18499 Filed 7-25-96; 8:45 am]
BILLING CODE 6820-EP-P
