Special documentation requirements
Sole source acquisitions under simplified procedures require written justification, specific approval levels, and timely public disclosure to ensure transparency and compliance.
Overview
FAR 13.501 outlines the special documentation requirements for sole source (including brand name) acquisitions conducted under simplified acquisition procedures, specifically those covered by FAR Subpart 13.5. While these acquisitions are exempt from the competition requirements of FAR Part 6, contracting officers must still justify and document the need for sole source awards. The regulation details the required format, approval levels based on contract value, and public disclosure obligations for justifications. It also specifies what documentation must be included in the contract file for all acquisitions under this subpart.
Key Rules
- Sole Source Justification and Approval
- Sole source (including brand name) acquisitions must be justified in writing and approved at specified levels depending on contract value.
- Justification Format and Public Disclosure
- Justifications must use the format at FAR 6.303-2 (with modifications) and be made publicly available within set timeframes.
- Approval Thresholds
- Approval authority escalates with contract value, from the contracting officer (up to $900,000) to higher officials for larger contracts, with specific rules for DoD, NASA, and Coast Guard.
- Contract File Documentation
- The contract file must include a description of procedures used, number of offers, basis for award, and any approved justifications.
Responsibilities
- Contracting Officers: Must prepare, obtain approval for, and publicly disclose justifications; ensure all required documentation is in the contract file.
- Contractors: Must provide information as needed to support justifications and comply with any related requests.
- Agencies: Must enforce approval levels, maintain oversight, and ensure public posting of justifications.
Practical Implications
This section ensures transparency and accountability in sole source acquisitions under simplified procedures. Contractors should be prepared to support justification requests and understand that documentation and public disclosure are required. Common pitfalls include missing approval levels, incomplete justifications, or failure to post required documents within deadlines.