13.106-1
Soliciting competition
FAR 13.106-1 ensures fair and efficient competition in simplified acquisitions by outlining when and how contracting officers must solicit offers, notify offerors of award criteria, and document single source justifications.
Overview
FAR 13.106-1 outlines the procedures and considerations for soliciting competition under simplified acquisition procedures. It provides guidance for contracting officers on how to determine the appropriate method for soliciting quotations or offers, including when to use oral, electronic, or written solicitations, and when it is permissible to solicit from a single source. The section also addresses the use of options, the handling of inquiries, and special rules for DoD, NASA, and the Coast Guard regarding evaluation factors. The regulation emphasizes maximizing competition, transparency in award criteria, and efficient acquisition processes.
Key Rules
- Considerations for Solicitation
- Contracting officers must consider the nature of the item, urgency, dollar value, past pricing, and availability of electronic commerce before soliciting offers.
- Award Criteria Notification
- Potential offerors must be informed of the basis for award (price alone or price plus other factors), and best value is encouraged.
- Single Source Solicitation
- For purchases under the simplified acquisition threshold, single source solicitation is allowed with proper justification; for higher values, additional requirements apply.
- Oral and Written Solicitations
- Oral solicitations are preferred for small purchases unless impractical; written solicitations are required for construction over $2,000 and other purchases likely to exceed $25,000 if oral/electronic means are not feasible.
- Use of Options
- Options can be included if the total value remains within simplified acquisition thresholds and requirements of subpart 17.2 are met.
- Responding to Inquiries
- Agencies should respond to acquisition-related inquiries unless it would disrupt the process.
Responsibilities
- Contracting Officers: Must determine the appropriate solicitation method, document single source justifications, notify offerors of award criteria, and ensure compliance with thresholds and special rules.
- Contractors: Should understand how solicitations will be conducted and what criteria will be used for award.
- Agencies: Must ensure oversight of solicitation processes and respond to inquiries appropriately.
Practical Implications
- This section ensures fair competition and transparency in simplified acquisitions, while allowing flexibility for urgent or unique requirements. Contractors should be aware of how and why solicitations are issued in different formats and the documentation required for single source awards. Common pitfalls include inadequate justification for single source awards and failure to notify offerors of award criteria.