13.500 General
Source: FAR 13.500 on acquisition.gov
FAR 13.500 allows streamlined, flexible acquisition procedures for commercial products and services up to $9 million (or $15 million in emergencies), provided FAR Part 12 requirements are followed.
Overview
FAR 13.500 establishes the general framework for using simplified acquisition procedures (SAP) for commercial products and services acquisitions that exceed the simplified acquisition threshold but do not exceed $9 million (or $15 million in certain circumstances). These procedures are designed to give contracting officers greater flexibility and discretion, streamlining the solicitation, evaluation, and award process to maximize efficiency and minimize administrative burden for both the government and industry. The section also clarifies that when using these procedures, the requirements of FAR Part 12 (Acquisition of Commercial Products and Commercial Services) apply, including the use of specific provisions and clauses. Special authority is granted for acquisitions up to $15 million when supporting contingency operations, emergency response, or similar situations as determined by the agency head.
Key Rules
- Simplified Acquisition Procedures for Commercial Acquisitions
- Allows use of SAP for commercial products/services acquisitions above the simplified acquisition threshold up to $9 million (or $15 million in special cases).
- Applicability of FAR Part 12
- Requires compliance with FAR Part 12, including its provisions and clauses, when using these procedures.
- Expanded Threshold for Special Circumstances
- Permits use of SAP up to $15 million for acquisitions supporting contingency operations, emergency response, or similar situations as determined by the agency head.
Responsibilities
- Contracting Officers: Must determine if the acquisition qualifies for SAP under this section, ensure compliance with FAR Part 12, and apply the correct dollar thresholds and procedures.
- Contractors: Must provide commercial products/services and comply with applicable solicitation provisions and contract clauses.
- Agencies: Agency heads may authorize higher thresholds for certain emergency or contingency acquisitions and must ensure proper determinations are made.
Practical Implications
- This section streamlines the acquisition process for commercial items in a specific dollar range, reducing administrative burden and increasing efficiency.
- Contracting officers must be vigilant about thresholds and special conditions for expanded use.
- Common pitfalls include misapplying thresholds, failing to use required FAR Part 12 clauses, or not properly documenting the basis for using SAP in special circumstances.
(a) This subpart authorizes the use of simplified procedures for the acquisition of supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $9 million ($15 million for acquisitions as described in 13.500(c)), including options, if the contracting officer reasonably expects, based on the nature of the supplies or services sought, and on market research, that offers will include only commercial products or commercial services. Contracting officers may use any simplified acquisition procedure in this part, subject to any specific dollar limitation applicable to the particular procedure. The purpose of these simplified procedures is to vest contracting officers with additional procedural discretion and flexibility, so that commercial acquisitions in this dollar range may be solicited, offered, evaluated, and awarded in a simplified manner that maximizes efficiency and economy and minimizes burden and administrative costs for both the Government and industry (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205&num=0&edition=prelim" target="_blank">10 U.S.C. 3205-3208 and chapter 241 and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3305&num=0&edition=prelim" target="_blank">41 U.S.C.3305, 3306, and chapter 37, Awarding of Contracts).
(b) When acquiring commercial products or commercial services using the procedures in this part, the requirements of part 12 apply subject to the order of precedence provided at 12.102(c). This includes use of the provisions and clauses in subpart 12.3.
(c) Under http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1903&num=0&edition=prelim" target="_blank">41 U.S.C. 1903, the simplified acquisition procedures authorized in this subpart may be used for acquisitions that do not exceed $15 million when-
(1) The acquisition is for commercial products or commercial services that, as determined by the head of the agency, are to be used in support of a contingency operation; to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster, or
(2) The acquisition will be treated as an acquisition of commercial products or commercial services in accordance with 12.102(f)(1).