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 specifies the required format, approval levels based on contract value, and public disclosure obligations for justifications. Additionally, it mandates specific documentation to 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 for contracts up to $750,000, to higher-level officials for larger contracts.
- Contract File Documentation
- The contract file must include a description of procedures used, number of offers, basis for award, and any required 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 requests for documentation.
- Agencies: Must enforce approval levels, ensure public posting of justifications, and maintain oversight of compliance.
Practical Implications
- This section ensures transparency and accountability in sole source acquisitions under simplified procedures.
- Contractors should be prepared to support justification processes and understand public disclosure requirements.
- Common pitfalls include missing approval levels, incomplete documentation, or failure to post justifications on time.