13.104 Promoting competition
Source: FAR 13.104 on acquisition.gov
FAR 13.104 mandates that contracting officers maximize competition and avoid favoritism or unnecessary brand restrictions when using simplified acquisition procedures.
Overview
FAR 13.104 requires contracting officers to promote competition to the maximum extent practicable when acquiring supplies and services using simplified acquisition procedures. The goal is to ensure the government receives the most advantageous offer, factoring in administrative costs, and to avoid favoritism or unnecessary brand restrictions.
Key Rules
- Impartial Solicitation
- Contracting officers must not base solicitations on personal preference or limit them to well-known brands.
- Local Competition and Source Selection
- If not using the Governmentwide point of entry (GPE) for notices, officers should solicit from sources within the local trade area and aim for at least three sources, including two not previously solicited when possible.
- Reverse Auctions
- When using reverse auctions, refer to FAR Subpart 17.8 for additional guidance.
Responsibilities
- Contracting Officers: Must ensure fair and open competition, avoid personal bias, and document efforts to solicit multiple sources. They must also follow additional procedures for reverse auctions.
- Contractors: Should be prepared for competitive solicitations and understand that favoritism or brand-specific restrictions are not permitted.
- Agencies: Should oversee that competition requirements are met and that exceptions are justified and documented.
Practical Implications
This section exists to prevent favoritism and ensure the government gets the best value through open competition, especially for simplified acquisitions. It impacts daily contracting by requiring officers to actively seek multiple sources and avoid restrictive practices. Common pitfalls include failing to document competition efforts or improperly limiting the pool of solicited vendors.
The contracting officer must promote competition to the maximum extent practicable to obtain supplies and services from the source whose offer is the most advantageous to the Government, considering the administrative cost of the purchase.
(a) The contracting officer must not-
(1) Solicit quotations based on personal preference; or
(2) Restrict solicitation to suppliers of well-known and widely distributed makes or brands.
(b) If using simplified acquisition procedures and not providing access to the notice of proposed contract action and solicitation information through the Governmentwide point of entry (GPE), maximum practicable competition ordinarily can be obtained by soliciting quotations or offers from sources within the local trade area. Unless the contract action requires synopsis pursuant to 5.101 and an exception under 5.202 is not applicable, consider solicitation of at least three sources to promote competition to the maximum extent practicable. Whenever practicable, request quotations or offers from two sources not included in the previous solicitation.
(c) When conducting a reverse auction, see subpart 17.8.