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					                                 13.006                                                                48 CFR Ch. 1 (10–1–02 Edition)

                                   (10) 31 U.S.C. 1354(a) (Limitation on                     Government.
                                 use of appropriated funds for contracts                     (c) 52.203–7, Anti-Kickback Proce-
                                 with entities not meeting veterans em-                    dures.
                                 ployment reporting requirements).                           (d) 52.215–2, Audits and Records—Ne-
                                   (b) The Federal Acquisition Regu-                       gotiation.
                                 latory (FAR) Council will include any                       (e) 52.222–4, Contract Work Hours and
                                 law enacted after October 13, 1994, that                  Safety Standards Act—Overtime Com-
                                 sets forth policies, procedures, require-                 pensation.
                                 ments, or restrictions for the acquisi-                     (f) 52.223–6, Drug-Free Workplace, ex-
                                 tion of property or services, on the list                 cept for individuals.
                                 set forth in paragraph (a) of this sec-                     (g) 52.223–9, Estimate of Percentage
                                 tion. The FAR Council may make ex-                        of Recovered Material Content for
                                 ceptions when it determines in writing                    EPA-Designated Products.
                                 that it is in the best interest of the                    [62 FR 64917, Dec. 9, 1997, as amended at 65
                                 Government that the enactment should                      FR 36018, June 6, 2000]
                                 apply to contracts or subcontracts not
                                 greater than the simplified acquisition                         Subpart 13.1—Procedures
                                   (c) The provisions of paragraph (b) of                  13.101 General.
                                 this section do not apply to laws that—                     (a) In making purchases, contracting
                                   (1) Provide for criminal or civil pen-                  officers shall—
                                 alties; or                                                  (1) Comply with the policy in 7.202 re-
                                   (2) Specifically state that notwith-                    lating to economic purchase quan-
                                 standing the language of Section 4101,                    tities, when practicable;
                                 Public Law 103–355, the enactment will                      (2) Satisfy the procedures described
                                 be applicable to contracts or sub-                        in subpart 19.6 with respect to Certifi-
                                 contracts in amounts not greater than                     cates of Competency before rejecting a
                                 the simplified acquisition threshold.                     quotation, oral or written, from a
                                   (d) Any individual may petition the                     small business concern determined to
                                 Administrator, Office of Federal Pro-                     be nonresponsible (see subpart 9.1); and
                                 curement Policy (OFPP), to include                          (3) Provide for the inspection of sup-
                                 any applicable provision of law not in-                   plies or services as prescribed in 46.404.
                                 cluded on the list set forth in para-                       (b) In making purchases, contracting
                                 graph (a) of this section unless the                      officers should—
                                 FAR Council has already determined in                       (1) Include related items (such as
                                 writing that the law is applicable. The                   small hardware items or spare parts for
                                 Administrator, OFPP, will include the                     vehicles) in one solicitation and make
                                 law on the list in paragraph (a) of this                  award on an ‘‘all-or-none’’ or ‘‘multiple
                                 section unless the FAR Council makes                      award’’ basis provided suppliers are so
                                 a determination that it is applicable                     advised when quotations or offers are
                                 within 60 days of receiving the peti-                     requested;
                                 tion.                                                       (2) Incorporate provisions and clauses
                                 [62 FR 64917, Dec. 9, 1997, as amended at 63              by reference in solicitations and in
                                 FR 58593, Oct. 30, 1998; 63 FR 70267, Dec. 18,            awards under requests for quotations,
                                 1998; 65 FR 36018, June 6, 2000; 66 FR 53488,             provided the requirements in 52.102 are
                                 Oct. 22, 2001]                                            satisfied;
                                                                                             (3) Make maximum effort to obtain
                                 13.006 Inapplicable provisions and                        trade and prompt payment discounts
                                     clauses.                                              (see 14.408–3). Prompt payment dis-
                                   While certain statutes still apply,                     counts shall not be considered in the
                                 pursuant to Public Law 103–355, the fol-                  evaluation of quotations; and
                                 lowing provisions and clauses are inap-                     (4) Use bulk funding to the maximum
                                 plicable to contracts and subcontracts                    extent practicable. Bulk funding is a
                                 at or below the simplified acquisition                    system whereby the contracting officer
                                 threshold:                                                receives authorization from a fiscal
                                   (a) 52.203–5, Covenant Against Contin-                  and accounting officer to obligate
                                 gent Fees.                                                funds on purchase documents against a
                                   (b) 52.203–6, Restrictions on Subcon-                   specified lump sum of funds reserved
                                 tractor Sales to the                                      for the purpose for a specified period of


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                                 Federal Acquisition Regulation                                                                       13.105

                                 time rather than obtaining individual                       (1) Solicit quotations based on per-
                                 obligational authority on each pur-                       sonal preference; or
                                 chase document. Bulk funding is par-                        (2) Restrict solicitation to suppliers
                                 ticularly appropriate if numerous pur-                    of well-known and widely distributed
                                 chases using the same type of funds are                   makes or brands.
                                 to be made during a given period.                           (b) If using simplified acquisition
                                 [62 FR 64917, Dec. 9, 1997, as amended at 64              procedures and neither using FACNET
                                 FR 72418, Dec. 27, 1999]                                  nor providing access to the notice of
                                                                                           proposed contract action and solicita-
                                 13.102     Source list.                                   tion information through the Govern-
                                   (a) Each contracting office should                      mentwide point of entry (GPE), max-
                                 maintain a source list (or lists, if more                 imum practicable competition ordi-
                                 convenient). A list of new supply                         narily can be obtained by soliciting
                                 sources may be obtained from the Pro-                     quotations or offers from sources with-
                                 curement Marketing and Access Net-                        in the local trade area. Unless the con-
                                 work (PRO-Net) of the Small Business                      tract action requires synopsis pursuant
                                 Administration. The list should iden-                     to 5.101 and an exception under 5.202 is
                                 tify the status of each source (when the                  not applicable, consider solicitation of
                                 status is made known to the con-                          at least three sources to promote com-
                                 tracting office) in the following cat-                    petition to the maximum extent prac-
                                 egories:                                                  ticable. Whenever practicable, request
                                   (1) Small business.                                     quotations or offers from two sources
                                   (2) Small disadvantaged business.                       not included in the previous solicita-
                                   (3) Women-owned small business.                         tion.
                                   (b) The status information may be                       [62 FR 64917, Dec. 9, 1997, as amended at 63
                                 used as the basis to ensure that small                    FR 58593, Oct. 30, 1998; 66 FR 27413, May 16,
                                 business concerns are provided the                        2001]
                                 maximum practicable opportunities to
                                 respond to solicitations issued using                     13.105 Synopsis and posting require-
                                 simplified acquisition procedures.                            ments.
                                                                                             (a) The contracting officer must com-
                                 [62 FR 64917, Dec. 9, 1997, as amended at 63
                                 FR 58593, Oct. 30, 1998]                                  ply with the public display and syn-
                                                                                           opsis requirements of 5.101 and 5.203 un-
                                 13.103 Use      of            standing         price      less—
                                     quotations.                                             (1)(i) FACNET is used for an acquisi-
                                   Authorized individuals do not have to                   tion at or below the simplified acquisi-
                                 obtain individual quotations for each                     tion threshold; or
                                 purchase. Standing price quotations                         (ii) The GPE is used at or below the
                                 may be used if—                                           simplified acquisition threshold for
                                   (a) The pricing information is cur-                     providing widespread public notice of
                                 rent; and                                                 acquisition opportunities and offerors
                                   (b) The Government obtains the ben-                     are provided a means of responding to
                                 efit of maximum discounts before                          the solicitation electronically; or
                                 award.                                                      (2) An exception in 5.202 applies.
                                                                                             (b) When acquiring commercial
                                 13.104     Promoting competition.                         items, the contracting officer may use
                                   The contracting officer must pro-                       a combined synopsis and solicitation.
                                 mote competition to the maximum ex-                       In these cases, a separate solicitation
                                 tent practicable to obtain supplies and                   is not required. The contracting officer
                                 services from the source whose offer is                   must include enough information to
                                 the most advantageous to the Govern-                      permit suppliers to develop quotations
                                 ment, considering the administrative                      or offers.
                                 cost of the purchase.                                     [62 FR 64917, Dec. 9, 1997, as amended at 63
                                   (a) The contracting officer must                        FR 58593, Oct. 30, 1998; 66 FR 27413, May 16,
                                 not—                                                      2001]


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