What is FAR 12 & 13
What is FAR Part 13 and 12?
Simplified Acq Procedures and
Acquisition of Commercial Products and Commercial Services (or just "Commercial")
How long can the period of performance be on an award made under exception 6.302-2 - Unusual and Compelling Urgency?
May not exceed 1 year including options
After receiving approval on your FAR 6.302-2 J&A, the program manager asks you when the UCA will award. Does the FAR 6.302-2 J&A give you the authority to issue a UCA?
No, the -2 Exception does not automatically grant authority to issue a UCA – other approvals are required
What is the difference between SAP And SAT?
SAT is a threshold ($250K) and SAP are acquisition procedures outlined in FAR Part 13.
What is the special threshold for SAP for commercial contracts?
$7.5 M
You have a commercial requirement for services estimated at $6.7M. Can you use Simplified Acquisition Procedures to procure these services?
Yes, Acquisitions for Commercial Services can utilize SAP Procedures up to $7.5M. See FAR 13.5
You received a PR for $5M for the repair of widgets that only XYZ company can repair because they own the data. Walk us through the thought process regarding: Is there an exception to full and open competition? If so:
What is it and Why?
How is it documented?
Who is the approval authority?
Yes, -1 only one responsible source because XYZ owns the data
Documented on a J+A
Approval authority is Comp Ad because over $750K
What organization can help you if you are having trouble with a CID or pricing on a commercial effort?
DMCA Commercial Item Group
What is the special threshold for SAP for commercial Contingency contracting?
$15M (FAR 13.500(c))
Give 3 examples sole source acquisitions that can be made under Exception 6.302-5 - Authorized by Statute
Federal Prison Industries (UNICOR), Agencies for Blind or Severely Disabled, 8(a), Hubzone, Gov Printing & Binding, Veterans Benefits Act of 2003, WOSB
You received a PR for $5M for the repair of commercial widgets that only XYZ company can repair because they own the data. Your research showed no price history for this particular repair or repair of a similar item. After determining there was no internal source of information to help support the price, you went to the contractor to request information to support their price. The contractor provides you a commercial catalogue which shows the Government is paying well under the catalogue pricing. How do you proceed?
-Catalogue price by itself doesn't justify the price. Ask for sales invoices and ask questions to ensure the Government is getting the same discount offered to their most preferred customer.
You have an acquisition estimated at $7,500. Is it possible to use the Government wide commercial purchase card?
Yes, if it is for supply. Micro-Purchase thresholds are $10k for supply, $2k for construction, and $2.5k for services. Agencies can use the GPC to the maximum extent practicable for Actions at or below the Micro-Purchase.
True or False
Modified items cannot be considered commercial.
False, modified items can be considered commercial in accordance with the following:
Modification of a type that is customarily available in the commercial marketplace,
OR Minor modification of a type not customarily available in the commercial marketplace made to meet Federal Government requirements
What are examples of streamlining under SAP?
Oral solicitations – but FAR Part 5 still applies
Limiting number of proposals/offerors solicited
Streamlined sole source documentation
Simplified price reasonableness documentation – CO must still determine price fair & reasonable
Fewer required FAR clauses
You received a PR for $7M for the repair of commercial off the shelf computer peripherals. Which contract type would you choose for this acquisition and why?
FFP. Only 2 types allowed for commercial -- FFP and FP w/EPA. No reason for FP w/EPA for an acq to repair commercial off the shelf items.
True or False
Redacted J&As do not have to be posted for J&As using the 6.302-2 authority.
False
Redacted J&As still have to be posted for -2 J&As, but the requirement is 30 days from award instead of 14 days.
What are the benefits of commercial acquisitions?
Larger pool of contractors and items to meet requirements
Less FAR required clauses
May only use clauses other than FAR Part 12 clauses if both parties agree AND the FAR clause is consistent with commercial practices
Simpler pricing approach (exempt from TINA)
Only specific contract types are allowed: FFP and FP w/EPA
T&M and Labor Hours can only be used if commonly used in the commercial marketplace and if FFP is not suitable
Can use Simplified Acquisition Procedures for Commercial up to $7.5M
What are the 7 exceptions to Full and Open Competition?
Exception 1 - Only one responsible source
Exception 2 - Unusual and compelling urgency
Exception 3 - Industrial mobilization
Exception 4 - International agreement
Exception 5 - Authorized by statute
Exception 6 - National security
Exception 7 - Public interest
You received a PR for $7M for the repair of commercial off the shelf computer peripherals. What parts of the FAR would govern your acq and why?
Part 12 - Commercial
Part 13- SAP because it's commercial and under the $7.5M threshold
What are 3 ways SAP procedures benefit the Government?
Reduce Admin Costs
Improve opportunities for SB, SDB, WOSB, VOSB, Hubzone
Promote efficiency and economy in contracting
Avoid unnecessary burdens for agencies and contractors