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FEDERAL ACQUISITION CIRCULAR October 26, 2018 Number
2005-101
Effective October 26, 2018 Loose-leaf pages
Federal Acquisition Circular (FAC) 2005-101 is issued
under the authority of the Secretary of Defense, the
Administrator of General Services, and the Administrator for the
National Aeronautics and Space Administration. Unless otherwise
specified, all Federal Acquisition Regulation (FAR) and other
directive material contained in FAC 2005-101 is effective October
26, 2018.
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(BLANK PAGE)
ii
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FAC 2005-101 List of Subjects
Item Title Page
I System for Award Management Registration (FAR Case
2015-005)
v
II One Dollar Coins (FAR Case 2018-009) v
iii
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(BLANK PAGE)
iv
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FAC 2005-101 SUMMARY OF ITEMS
Federal Acquisition Circular (FAC) 2005-101 amends the Federal
Acquisition Regulation (FAR) as specified below:
Item I— System for Award Management Registration (FAR Case
2015-005)
This final rule updates the instructions for registration in the
System for Award Management (SAM) and corrects an inconsistency
involving the timing of registration. In order to correct this
inconsistency, the final rule amends FAR 4.1102, 4.1103, and
52.204-7 to require (with some exceptions) offeror registration in
SAM prior to submission of an offer.
In addition, the rule requires contracting officers to use the
name and physical address from the contractor’s SAM registration
for the provided “unique entity identifier”; removes the term
“division name” from the FAR text at FAR 4.1102 and clause
52.204-13; and changes the referenced website “acquisition.gov” to
“sam.gov” to be consistent with the rest of the FAR. It is not
anticipated that the rule will have a significant economic impact
on small entities, because the rule only clarifies that offerors
must be registered in SAM prior to submission of an offer, which is
already necessary in order to submit the required annual
representations and certifications with the offer.
Replacement pages: 1.1-3 and 1.1-4; 2.1-13 and 2.1-14; 4.6-1 and
4.6-2; 4.11-1 and 4.11-2; 4.12-1 and 4.12-2; 7.1-1 thru 7.1-6;
8.4-1 and 8.4-2; 9.1-7 and 9.1-8; 9.4-1 thru 9.4-10; 12.3-1 thru
12.3-4; 13.1-3 thru 13.1-6; 13.2-1 and 13.2-2; 16.5-5 and 16.5-6;
17.2-1 and 17.2-2; 18.1-1 thru 18.1-4; 19.3-09 and 19.3-10; 19.7-3
and 19.7-4; 22.10-13 and 22.10-14; 23.8-1 and 23.8-2; 25.7-3 and
25.7-4; 26.2-1 and 26.2-2; 28.2-3 thru 28.2-6; 32.11-1 and 32.11-2;
44.2-1 thru 44.2-4; 52.2-11 thru 5.2-12.12; 52.2-2-20.1 and
52.2-20.2; 52.2-27 thru 52.2-42.6; 52.2-93 thru 52.2-96?; 52.2-229
and 52.2-230; 52.2-261 and 52.2-262.
Item II— One Dollar Coins (FAR Case 2018-009)
This final rule amends the FAR to implement section 885 of the
National Defense Authorization Act for Fiscal Year 2018 (Publ. L.
115-91). Section 885 amends 31 U.S.C. 5112(p) to
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provide an exception for business operations conducted by an
entity under a Government contract from the requirements to accept
and dispense $1 coins.
Contracting officers will no longer have to insert FAR clause
52.237-11, Accepting and Dispensing of $1 Coin, into solicitations
and contracts.
Contractors providing services under Government contracts that
involve business operations conducted in U.S. coins and currency
will no longer be required to accept $1 coins. The Regulatory
Flexibility Act does not apply to this rule, because this final
rule does not constitute a significant FAR revision within the
meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
Replacement pages: TOC 37-1 and 37-2; 37.1-5 and 37.1-6; TOC
52-7 and 52-8; 52.2-27 thru 52.2-42.6; 52.2-247 and 52.2-248;
52.3-29 and 53.2-30.
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FAC 2005-101 FILING INSTRUCTIONS
NOTE: The FAR is segmented by subparts. The FAR page numbers
reflect FAR Subparts. For example, “1.1-3” is page 3 of subpart
1.1.
Remove Pages Insert Pages 1.1-3 and 1.1-4 1.1-3 and 1.1-4
2.1-13 and 2.1-14 2.1-13 and 2.1-14
4.6-1 and 4.6-2 4.6-1 and 4.6-2 4.11-1 and 4.11-2 4.11-1 and
4.11-2 4.12-1 and 4.12-2 4.12-1 and 4.12-2
7.1-1 thru 7.1-6 7.1-1 thru 7.1-6
8.4-1 and 8.4-2 8.4-1 and 8.4-2
9.1-7 and 9.1-8 9.1-7 and 9.1-8 9.4-1 thru 9.4-10 9.4-1 thru
9.4-1
12.3-1 thru 12.3-4 12.3-1 thru 12.3-4
13.1-3 thru 13.1-6 13.1-3 thru 13.1-6 13.2-1 and 13.2-2 13.2-1
and 13.2-2
16.5-5 and 16.5-6 16.5-5 and 16.5-6
17.2-1 and 17.2-2 17.2-1 and 17.2-2
18.1-1 thru 18.1-2 18.1-1 thru 18.1-4
19.3-9 and 19.3-10 19.3-9 and 19.3-10 19.7-3 and 19.7-4 19.7-3
and 19.7-4
22.10-13 and 22.10-14 22.10-13 and 22.10-14
23.8-1 and 23.8-2 23.8-1 and 23.8-2
25.7-3 and 25.7-4 25.7-3 and 25.7-4
26.2-1 and 26.2-2 26.2-1 and 26.2-2
vii
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Remove Pages Insert Pages
28.2-3 thru 28.2-6 28.2-3 thru 28.2-6
32.11-1 and 32.11-2 32.11-1 and 32.11-2
TOC 37-1 and 37-2 TOC 37-1 and 37-2 37.1-5 and 37.1-6 37.1-5 and
37.1-6
44.2-1 thru 44.2-4 44.2-1 thru 44.2-4
TOC 52-7 and 52-8 TOC 52-7 and 52-8 52.2-11 thru 5.2-12.12
52.2-11 thru 5.2-12.12 52.2-2-20.1 and 52.2-20.2 52.2-2-20.1 and
52.2-20.2 52.2-27 thru 52.2-42.6 52.2-27 thru 52.2-42.6 52.2-93
thru 52.2-96 52.2-93 thru 52.2-96 52.2-229 and 52.2-230 52.2-229
and 52.2-230 52.2-247 thru 52.2-248.2 52.2-247 and 52.2-248
52.2-261 and 52.2-262 52.2-261 and 52.2-262
Matrix Matrix 52.3-29 and 52.3-30 52.3-29 and 52.3-30
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SUBPART 1.1—PURPOSE, AUTHORITY, ISSUANCE 1.106
(FAC 2005-101)
1.1-3
1.104 Applicability.The FAR applies to all acquisitions as
defined in Part 2 of
the FAR, except where expressly excluded.
1.105 Issuance.
1.105-1 Publication and code arrangement.(a) The FAR is
published in—
(1) The daily issue of the Federal Register;(2) Cumulated form
in the Code of Federal Regulations
(CFR); and(3) A separate loose-leaf edition.
(b) The FAR is issued as Chapter 1 of Title 48, CFR. Sub-sequent
chapters are reserved for agency acquisition regula-tions that
implement or supplement the FAR (seeSubpart 1.3). The CFR Staff
will assign chapter numbers torequesting agencies.
(c) Each numbered unit or segment (e.g., part, subpart,
sec-tion, etc.) of an agency acquisition regulation that is
codifiedin the CFR shall begin with the chapter number. However,
thechapter number assigned to the FAR will not be included inthe
numbered units or segments of the FAR.
1.105-2 Arrangement of regulations.(a) General. The FAR is
divided into subchapters, parts
(each of which covers a separate aspect of acquisition),
sub-parts, sections, and subsections.
(b) Numbering.(1) The numbering system permits the dis-crete
identification of every FAR paragraph. The digits to theleft of the
decimal point represent the part number. The num-bers to the right
of the decimal point and to the left of the dashrepresent, in
order, the subpart (one or two digits), and the sec-tion (two
digits). The number to the right of the dash rep-resents the
subsection. Subdivisions may be used at thesection and subsection
level to identify individual paragraphs.The following example
illustrates the make-up of a FAR num-ber citation (note that
subchapters are not used with citations):
(2) Subdivisions below the section or subsection levelconsist of
parenthetical alpha numerics using the followingsequence:
(a)(1)(i)(A)(1)(i)
(c) References and citations.(1) Unless otherwise
stated,cross-references indicate parts, subparts, sections,
subsec-tions, paragraphs, subparagraphs, or subdivisions of
thisregulation.
(2) This regulation may be referred to as the FederalAcquisition
Regulation or the FAR.
(3) Using the FAR coverage at 9.106-4(d) as a
typicalillustration, reference to the—
(i) Part would be “FAR part 9” outside the FAR and“part 9”
within the FAR.
(ii) Subpart would be “FAR subpart 9.1” outside theFAR and
“subpart 9.1’’ within the FAR.
(iii) Section would be “FAR 9.106” outside the FARand “9.106”
within the FAR.
(iv) Subsection would be “FAR 9.106-4” outside theFAR and
“9.106-4” within the FAR.
(v) Paragraph would be “FAR 9.106-4(d)” outsidethe FAR and
“9.106-4(d)” within the FAR.
(4) Citations of authority (e.g., statutes or Executiveorders)
in the FAR shall follow the Federal Register formguides.
1.105-3 Copies.Copies of the FAR in Federal Register,
loose-leaf,
CD-ROM, and CFR form may be purchased from the—
Superintendent of DocumentsGovernment Printing Office
(GPO)Washington, DC 20402.
1.106 OMB approval under the Paperwork Reduction Act.The
Paperwork Reduction Act of 1980 (44 U.S.C. chapter
35) imposes a requirement on Federal agencies to obtainapproval
from the Office of Management and Budget (OMB)before collecting
information from 10 or more members of thepublic. The information
collection and recordkeeping require-ments contained in this
regulation have been approved by theOMB. The following OMB control
numbers apply:
PartSubpartSectionSubsection
25.108-2
FAR segment OMB Control Number3.103 9000-00183.11 9000-01834.102
9000-00334.5 9000-01374.605 9000-01454.607 9000-01454.7
9000-00344.9 9000-00974.14 9000-01774.17 9000-01795.405
9000-00367.2 9000-00828.5 9000-01139.1 9000-00119.2 9000-008314.201
9000-003414.202-4 9000-004014.202-5 9000-003914.205 9000-003714.407
9000-0038
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1.106 FEDERAL ACQUISITION REGULATION
FAC 2005–101 OCTOBER 26, 2018
1.1-4
14.5 9000-004115.2 9000-003715.209 9000-003415.4
9000-001315.404-1(f) 9000-008015.407-2 9000-007815.408
9000-011519.7 9000-0192,
9000-0006 and9000-0007
22.103 9000-006522.5 9000-017522.8 1250-000322.11 9000-006622.12
1235-0007 and
1235-002522.14 1250-000522.16 1215-000422.17 9000-018823.602
9000-010724.3 9000-018225.302 9000-018427.2 9000-009627.3
9000-009527.4 9000-009028.1 9000-004528.2 9000-004529.304
9000-005930.6 9000-012931.205-46 9000-007931.205-46(a)(3)
9000-008832.000 9000-013832.1 9000-0070 and
9000-013832.2 9000-013832.4 9000-007332.5 9000-0010 and
9000-013832.7 9000-007432.9 9000-010232.10 9000-013833
9000-003536.213-2 9000-003736.603 9000-015741.202(c) 9000-012542.7
9000-001342.12 9000-007642.13 9000-007642.15 9000-014244.305
9000-013245 9000-007546 9000-0077
FAR segment OMB Control Number47 9000-006147.208 9000-005648
9000-002749 9000-002850 9000-002951.1 9000-003151.2
9000-003252.203-2 9000-001852.203-7 9000-009152.203-13
9000-016452.203-16 9000-018352.204-3 9000-009752.204-6
9000-014552.204-7 9000-015952.204-10 9000-017752.204-12
9000-014552.204-13 9000-015952.204-14 9000-017952.204-15
9000-017952.204-16 9000-018552.204-17 9000-018552.204-18
9000-018552.204-20 9000-018952.204-23 9000-019752.207-3
9000-011452.207-4 9000-008252.208-8 9000-011352.208-9
9000-011352.209-1 9000-008352.209-1(b) 9000-002052.209-1(c)
9000-008352.207-2 9000-019052.209-5 9000-009452.209-6
9000-009452.209-7 9000-017452.209-9 9000-017452.209-10
9000-019052.209-11 9000-019352.209-12 9000-019352.209-13
9000-019852.211-7 9000-015352.211-8 9000-004352.211-9 9000-0043
52.212-3 9000-013652.212-3(h) 9000-0094
52.212-5 9000-003452.214-14 9000-004752.214-15
9000-004452.214-16 9000-004452.214-21 9000-0039
FAR segment OMB Control Number
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SUBPART 2.1—DEFINITIONS 2.101
(FAC 2005–101)
2.1-13
“Overtime premium” means the difference between thecontractor’s
regular rate of pay to an employee for the shiftinvolved and the
higher rate paid for overtime. It does notinclude shift premium,
i.e., the difference between the con-tractor's regular rate of pay
to an employee and the higher ratepaid for extra-pay-shift
work.
“Ozone-depleting substance” means any substance theEnvironmental
Protection Agency designates in40 CFR part 82 as—
(1) Class I, including, but not limited to,
chlorofluoro-carbons, halons, carbon tetrachloride, and methyl
chloroform;or
(2) Class II, including, but not limited
to,hydrochlorofluorocarbons.
“Partial termination” means the termination of a part, butnot
all, of the work that has not been completed and acceptedunder a
contract.
“Past performance” means an offeror’s or contractor’s
per-formance on active and physically completed contracts
(see4.804-4).
“Performance-based acquisition (PBA)” means an acqui-sition
structured around the results to be achieved as opposedto the
manner by which the work is to be performed.
“Performance Work Statement (PWS)” means a statementof work for
performance-based acquisitions that describes therequired results
in clear, specific and objective terms withmeasurable outcomes.
“Personal property” means property of any kind or interestin it
except real property, records of the Federal Government,and naval
vessels of the following categories:
(1) Battleships;(2) Cruisers;(3) Aircraft carriers;(4)
Destroyers; and(5) Submarines.
“Personal services contract” means a contract that, by
itsexpress terms or as administered, makes the contractor
per-sonnel appear to be, in effect, Government employees
(see37.104).
“Plant clearance officer” means an authorized representa-tive of
the contracting officer, appointed in accordance withagency
procedures, responsible for screening, redistributing,and disposing
of contractor inventory from a contractor’splant or work site. The
term “Contractor’s plant” includes, butis not limited to,
Government-owned contractor-operatedplants, Federal installations,
and Federal and non-Federalindustrial operations, as may be
required under the scope ofthe contract.
“Pollution prevention” means any practice that—(1)(i) Reduces
the amount of any hazardous substance,
pollutant, or contaminant entering any waste stream or
other-wise released into the environment (including fugitive
emis-sions) prior to recycling, treatment, or disposal; and
(ii) Reduces the hazards to public health and theenvironment
associated with the release of such substances,pollutants, and
contaminants;
(2) Reduces or eliminates the creation of pollutantsthrough
increased efficiency in the use of raw materials,energy, water, or
other resources; or
(3) Protects natural resources by conservation.“Power of
attorney” means the authority given one person
or corporation to act for and obligate another, as specified
inthe instrument creating the power; in corporate suretyship,
aninstrument under seal that appoints an attorney-in-fact to actin
behalf of a surety company in signing bonds (see
also“attorney-in-fact” at 28.001).
“Preaward survey” means an evaluation of a
prospectivecontractor’s capability to perform a proposed
contract.
“Preponderance of the evidence” means proof by informa-tion
that, compared with that opposing it, leads to the conclu-sion that
the fact at issue is more probably true than not.
“Pricing” means the process of establishing a reasonableamount
or amounts to be paid for supplies or services.
“Principal” means an officer, director, owner, partner, or
aperson having primary management or supervisory responsi-bilities
within a business entity (e.g., general manager; plantmanager; head
of a division or business segment; and similarpositions).
“Procurement” (see “acquisition”).“Procuring activity” means a
component of an executive
agency having a significant acquisition function and desig-nated
as such by the head of the agency. Unless agency regu-lations
specify otherwise, the term “procuring activity” issynonymous with
“contracting activity.”
“Products” has the same meaning as “supplies.”“Projected average
loss” means the estimated long-term
average loss per period for periods of comparable exposure
torisk of loss.
“Proper invoice” means an invoice that meets the mini-mum
standards specified in 32.905(b).
“Purchase order,” when issued by the Government, meansan offer
by the Government to buy supplies or services,including
construction and research and development, uponspecified terms and
conditions, using simplified acquisitionprocedures.
“Qualification requirement” means a Government require-ment for
testing or other quality assurance demonstration thatmust be
completed before award of a contract.
“Qualified products list (QPL)” means a list of productsthat
have been examined, tested, and have satisfied all appli-cable
qualification requirements.
“Receiving report” means written evidence that
indicatesGovernment acceptance of supplies delivered or services
per-formed (see subpart 46.6). Receiving reports must meet
therequirements of 32.905(c).
“Recovered material” means waste materials and by-prod-ucts
recovered or diverted from solid waste, but the term doesnot
include those materials and by-products generated from,
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2.101 FEDERAL ACQUISITION REGULATION
FAC 2005–101 OCTOBER 26, 2018
2.1-14
and commonly reused within, an original manufacturing pro-cess.
For use in subpart 11.3 for paper and paper products, seethe
definition at 11.301.
“Registered in the System for Award Management (SAM)”means
that—
(1) The Contractor has entered all mandatory informa-tion,
including the unique entity identifier and the ElectronicFunds
Transfer indicator (if applicable), the Commercial andGovernment
Entity (CAGE) code, as well as data required bythe Federal Funding
Accountability and Transparency Act of2006 (see subpart 4.14), into
SAM;
(2) The Contractor has completed the Core,
Assertions,Representations and Certifications, and Points of
Contact sec-tions of the registration in SAM;
(3) The Government has validated all mandatory datafields, to
include validation of the Taxpayer IdentificationNumber (TIN) with
the Internal Revenue Service (IRS). Thecontractor will be required
to provide consent for TIN valida-tion to the Government as a part
of the SAM registration pro-cess; and
(4) The Government has marked the record Active.“Renewable
energy” means energy produced by solar,
wind, geothermal, biomass, landfill gas, ocean (includingtidal,
wave, current, and thermal), municipal solid waste, ornew
hydroelectric generation capacity achieved fromincreased efficiency
or additions of new capacity at an exist-ing hydroelectric project
(Energy Policy Act of 2005, 42U.S.C. 15852).
“Renewable energy technology” means—(1) Technologies that use
renewable energy to provide
light, heat, cooling, or mechanical or electrical energy for
usein facilities or other activities; or
(2) The use of integrated whole-building designs thatrely upon
renewable energy resources, including passive solardesign.
“Requesting agency” means the agency that has therequirement for
an interagency acquisition.
“Residual value” means the proceeds, less removal anddisposal
costs, if any, realized upon disposition of a tangiblecapital
asset. It usually is measured by the net proceeds fromthe sale or
other disposition of the asset, or its fair value if theasset is
traded in on another asset. The estimated residualvalue is a
current forecast of the residual value.
“Responsible audit agency” means the agency that isresponsible
for performing all required contract audit servicesat a business
unit.
“Responsible prospective contractor” means a contractorthat
meets the standards in 9.104.
“Scrap” means personal property that has no value exceptits
basic metallic, mineral, or organic content.
“Segment” means one of two or more divisions,
productdepartments, plants, or other subdivisions of an
organizationreporting directly to a home office, usually identified
withresponsibility for profit and/or producing a product or
service.The term includes—
(1) Government-owned contractor-operated (GOCO)facilities;
and
(2) Joint ventures and subsidiaries (domestic and for-eign) in
which the organization has—
(i) A majority ownership; or(ii) Less than a majority ownership,
but over which
it exercises control.“Self-insurance” means the assumption or
retention of the
risk of loss by the contractor, whether voluntarily or
involun-tarily. Self-insurance includes the deductible portion of
pur-chased insurance.
“Senior procurement executive” means the individualappointed
pursuant to 41 U.S.C. 1702(c) who is responsiblefor management
direction of the acquisition system of theexecutive agency,
including implementation of the uniqueacquisition policies,
regulations, and standards of the execu-tive agency.
“Service-disabled veteran-owned small businessconcern”—
(1) Means a small business concern—(i) Not less than 51 percent
of which is owned by one
or more service-disabled veterans or, in the case of any
pub-licly owned business, not less than 51 percent of the stock
ofwhich is owned by one or more service-disabled veterans; and
(ii) The management and daily business operationsof which are
controlled by one or more service-disabled vet-erans or, in the
case of a service-disabled veteran with perma-nent and severe
disability, the spouse or permanent caregiverof such veteran.
(2) Service-disabled veteran means a veteran, asdefined in 38
U.S.C. 101(2), with a disability that is service-connected, as
defined in 38 U.S.C. 101(16).
“Servicing agency” means the agency that will conduct anassisted
acquisition on behalf of the requesting agency.
“Shall” means the imperative.“Shipment” means freight
transported or to be transported.“Shop drawings” means drawings
submitted by the con-
struction contractor or a subcontractor at any tier or
requiredunder a construction contract, showing in detail either or
bothof the following:
(1) The proposed fabrication and assembly of
structuralelements.
(2) The installation (i.e., form, fit, and attachmentdetails) of
materials or equipment.
“Should” means an expected course of action or policy thatis to
be followed unless inappropriate for a particularcircumstance.
“Signature” or “signed” means the discrete, verifiablesymbol of
an individual that, when affixed to a writing withthe knowledge and
consent of the individual, indicates a pres-ent intention to
authenticate the writing. This includes elec-tronic symbols.
“Simplified acquisition procedures” means the methodsprescribed
in part 13 for making purchases of supplies or ser-vices.
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SUBPART 4.6—CONTRACT REPORTING 4.604
4.6-1
Subpart 4.6—Contract Reporting
4.600 Scope of subpart.This subpart prescribes uniform reporting
requirements for
the Federal Procurement Data System (FPDS).
4.601 Definitions.As used in this subpart—“Contract action”
means any oral or written action that
results in the purchase, rent, or lease of supplies or
equipment,services, or construction using appropriated dollars over
themicro-purchase threshold, or modifications to these
actionsregardless of dollar value. Contract action does not
includegrants, cooperative agreements, other transactions, real
prop-erty leases, requisitions from Federal stock, training
authori-zations, or other non-FAR based transactions.
“Contract action report (CAR)” means contract actiondata
required to be entered into the Federal Procurement DataSystem
(FPDS).
“Definitive contract” means any contract that must bereported to
FPDS other than an indefinite delivery vehicle.This definition is
only for FPDS, and is not intended to applyto Part 16.
“Entitlement program” means a Federal program thatguarantees a
certain level of benefits to persons or other enti-ties who meet
requirements set by law, such as Social Secu-rity, farm price
supports, or unemployment benefits.
“Generic entity identifier” means a number or other iden-tifier
assigned to a category of vendors and not specific to anyindividual
or entity.
“Indefinite delivery vehicle (IDV)” means an indefinitedelivery
contract or agreement that has one or more of the fol-lowing
clauses:
(1) 52.216-18, Ordering.(2) 52.216-19, Order Limitations.(3)
52.216-20, Definite Quantity.(4) 52.216-21, Requirements.(5)
52.216-22, Indefinite Quantity.(6) Any other clause allowing
ordering.
4.602 General.(a) The FPDS provides a comprehensive web-based
tool
for agencies to report contract actions. The resulting data
pro-vides—
(1) A basis for recurring and special reports to the Pres-ident,
the Congress, the Government Accountability Office,Federal
executive agencies, and the general public;
(2) A means of measuring and assessing the effect ofFederal
contracting on the Nation's economy and the extent towhich small,
veteran-owned small, service-disabled veteran-owned small, HUBZone
small, small disadvantaged, women-owned small business concerns,
and AbilityOne nonprofit
agencies operating under 41 U.S.C. chapter 85, Committee
forPurchase from People Who Are Blind or Severely Disabled,are
sharing in Federal contracts;
(3) A means of measuring and assessing the effect ofFederal
contracting for promoting sustainable technologies,materials,
products, and high-performance sustainable build-ings. This is
accomplished by collecting and reporting agencydata on sustainable
acquisition, including types of productspurchased, the purchase
costs, and the exceptions used forother than sustainable
acquisition; and
(4) A means of measuring and assessing the effect ofother policy
and management initiatives (e.g., performancebased acquisitions and
competition).
(b) FPDS does not provide reports for certain
acquisitioninformation used in the award of a contract action
(e.g., sub-contracting data, funding data, or accounting data).
(c) The FPDS Web site, https://www.fpds.gov,
providesinstructions for submitting data. It also provides—
(1) A complete list of departments, agencies, and otherentities
that submit data to the FPDS;
(2) Technical and end-user guidance;(3) A computer-based
tutorial; and(4) Information concerning reports not generated
in
FPDS.
4.603 Policy.(a) In accordance with the Federal Funding
Accountability
and Transparency Act of 2006 (Pub. L. 109-282), all
unclas-sified Federal award data must be publicly accessible.
(b) Executive agencies shall use FPDS to maintain
publiclyavailable information about all unclassified contract
actionsexceeding the micro-purchase threshold, and any
modifica-tions to those actions that change previously reported
contractaction report data, regardless of dollar value.
(c) Agencies awarding assisted acquisitions or
directacquisitions must report these actions and identify the
Pro-gram/Funding Agency and Office Codes from the applicableagency
codes maintained by each agency at FPDS. Thesecodes represent the
agency and office that has provided thepredominant amount of
funding for the contract action. Forassisted acquisitions, the
requesting agency will receivesocioeconomic credit for meeting
agency small businessgoals, where applicable. Requesting agencies
shall providethe appropriate agency/bureau component code as part
of thewritten interagency agreement between the requesting
andservicing agencies (see 17.502-1(b)(1)).
(d) Agencies awarding contract actions with a mix ofappropriated
and non-appropriated funding shall only reportthe full appropriated
portion of the contract action in FPDS.
4.604 Responsibilities.(a) The Senior Procurement Executive in
coordination
with the head of the contracting activity is responsible
fordeveloping and monitoring a process to ensure timely andaccurate
reporting of contractual actions to FPDS.
(b)(1) The responsibility for the completion and accuracyof the
individual contract action report (CAR) resides with the
(FAC 2005-101)
-
4.605 FEDERAL ACQUISITION REGULATION
4.6-2
contracting officer who awarded the contract action. CARs ina
draft or error status in FPDS are not considered complete.
(2) The CAR must be confirmed for accuracy by thecontracting
officer prior to release of the contract award. TheCAR must then be
completed in FPDS within three businessdays after contract
award.
(3) For any action awarded in accordance with FAR6.302-2 or
pursuant to any of the authorities listed at FAR sub-part 18.2, the
CAR must be completed in FPDS within 30 daysafter contract
award.
(4) When the contracting office receives written notifi-cation
that a contractor has changed its size status in accor-dance with
the clause at 52.219-28, Post-Award SmallBusiness Program
Rerepresentation, the contracting officershall update the size
status in FPDS within 30 days afterreceipt of contractor’s
notification of rerepresentation.
(5) If after award of a contract, the contracting
officerreceives written notification of SBA’s final decision on a
pro-test concerning a size determination, the contracting
officershall update FPDS to reflect the final decision.
(c) The chief acquisition officer of each agency required
toreport its contract actions must submit to the General
ServicesAdministration (GSA), in accordance with FPDS
guidance,within 120 days after the end of each fiscal year, an
annual cer-tification of whether, and to what degree, agency CAR
data forthe preceding fiscal year is complete and accurate.
4.605 Procedures.(a) Procurement Instrument Identifier (PIID).
Agencies
shall have in place a process that ensures that each
PIIDreported to FPDS is unique Governmentwide, for all
solicita-tions, contracts, blanket purchase agreements, basic
agree-ments, basic ordering agreements, or orders in accordancewith
4.1601 to 4.1603, and will remain so for at least 20 yearsfrom the
date of contract award. Other pertinent PIID instruc-tions for FPDS
reporting can be found at https://www.fpds.gov.
(b) Unique entity identifier. The contracting officer
shallidentify and report a unique entity identifier for the
successfulofferor on a contract action. The unique entity
identifier shallcorrespond to the successful offeror’s name and
address asstated in the offer and resultant contract, and as
registered inthe System for Award Management in accordance with
theprovision at 52.204-7, System for Award Management.
Thecontracting officer shall ask the offeror to provide its
uniqueentity identifier by using either the provision at
52.204-6,Unique Entity Identifier, the provision at 52.204-7,
System forAward Management, or the provision at 52.212-1,
Instruc-tions to Offerors-Commercial Items. (For a discussion of
theCommercial and Government Entity (CAGE) Code, which isa
different identifier, see subpart 4.18.)
(c) Generic entity identifier. (1) The use of a generic
entityidentifier should be limited, and only used in the
situationsdescribed in paragraph (c)(2) of this section. Use of a
genericentity identifier does not supersede the requirements of
pro-
visions 52.204-6, Unique Entity Identifier or 52.204-7, Sys-tem
for Award Management (if present in the solicitation) forthe
contractor to have a unique entity identifier assigned.
(2) Authorized generic entity identifiers, maintained bythe
Integrated Award Environment (IAE) program
office(http://www.gsa.gov/portal/content/105036), may be used
toreport contracts in lieu of the contractor’s actual unique
entityidentifier only for—
(i) Contract actions valued at or below $30,000 thatare awarded
to a contractor that is—
(A) A student;(B) A dependent of either a veteran, foreign
ser-
vice officer, or military member assigned outside the
UnitedStates and its outlying areas (as defined in 2.101); or
(C) Located outside the United States and its out-lying areas
for work to be performed outside the United Statesand its outlying
areas and the contractor does not otherwisehave a unique entity
identifier;
(ii) Contracts valued above $30,000 awarded to indi-viduals
located outside the United States and its outlying areasfor work to
be performed outside the United States and its out-lying areas;
or
(iii) Contracts when specific public identification ofthe
contracted party could endanger the mission, contractor,
orrecipients of the acquired goods or services. The
contractingofficer must include a written determination in the
contractfile of a decision applicable to authority under this
paragraph(c)(2)(iii).
(d) American Recovery and Reinvestment Act actions.
Thecontracting officer, when entering data in FPDS, shall use
theinstructions at https://www.fpds.gov to identify any
actionfunded in whole or in part by the American Recovery
andReinvestment Act of 2009 (Pub. L. 111-5).
(e) Office Codes. Agencies shall by March 31, 2016–(1) Use the
Activity Address Code (AAC), as defined in
2.101, assigned to the issuing contracting office as the
con-tracting office code, and
(2) Use the AAC assigned to the program/funding officeproviding
the predominance of funding for the contract actionas the
program/funding office code.
4.606 Reporting Data.(a) Actions required to be reported to
FPDS.(1) As a min-
imum, agencies must report the following contract actionsover
the micro-purchase threshold, regardless of solicitationprocess
used, and agencies must report any modification tothese contract
actions that change previously reported con-tract action data,
regardless of dollar value:
(i) Definitive contracts, including purchase ordersand imprest
fund buys over the micro-purchase thresholdawarded by a contracting
officer.
(ii) Indefinite delivery vehicle (identified as an“IDV” in
FPDS). Examples of IDVs include the following:
(A) Task and Delivery Order Contracts (seesubpart 16.5),
including—
FAC 2005–101 OCTOBER 26, 2018
-
SUBPART 4.11—SYSTEM FOR AWARD MANAGEMENT 4.1102
FAC 2005–101 OCTOBER 26, 2018
4.11-1
Subpart 4.11—System for Award Management
4.1100 Scope.This subpart prescribes policies and procedures for
requir-
ing contractor registration in the System for Award Manage-ment
(SAM) to—
(a) Increase visibility of vendor sources (including
theirgeographical locations) for specific supplies and services;
and
(b) Establish a common source of vendor data for
theGovernment.
4.1101 Definition.As used in this subpart—“Agreement” means
basic agreement, basic ordering
agreement, or blanket purchase agreement.
4.1102 Policy.(a) Offerors and quoters are required to be
registered in
SAM at the time an offer or quotation is submitted in order
tocomply with the annual representations and
certificationsrequirements except for—
(1) Purchases under the micro-purchase threshold thatuse a
Governmentwide commercial purchase card as both thepurchasing and
payment mechanism, as opposed to using thepurchase card for payment
only;
(2) Classified contracts (see 2.101) when registration inSAM, or
use of SAM data, could compromise the safeguard-ing of classified
information or national security;
(3) Contracts awarded by—(i) Deployed contracting officers in
the course of
military operations, including, but not limited to,
contingencyoperations as defined in 10 U.S.C. 101(a)(13) or
humanitar-ian or peacekeeping operations as defined in10 U.S.C.
2302(8);
(ii) Contracting officers located outside the UnitedStates and
its outlying areas, as defined in 2.101, for work tobe performed in
support of diplomatic or developmental oper-ations, including those
performed in support of foreign assis-tance programs overseas, in
an area that has been designatedby the Department of State as a
danger pay post (see
http://aoprals.state.gov/Web920/danger_pay_all.asp); or
(iii) Contracting officers in the conduct of emer-gency
operations, such as responses to natural or environmen-tal
disasters or national or civil emergencies, e.g., Robert T.Stafford
Disaster Relief and Emergency Assistance Act(42 U.S.C. 5121);
(4) Contracts with individuals for performance outsidethe United
States and its outlying areas;
(5) Contracts awarded without providing for full andopen
competition due to unusual or compelling urgency (see6.302-2);
(6) Contract actions at or below $30,000 awarded to for-eign
vendors for work performed outside the United States, ifit is
impractical to obtain SAM registration; and
(7) Micro-purchases that do not use the electronic fundstransfer
(EFT) method for payment and are not required to bereported (see
subpart 4.6).
(b) If practical, the contracting officer shall modify
thecontract or agreement awarded under paragraph (a)(3) of
thissection to require SAM registration.
(c) Contracting officers shall use the legal business nameor
“doing business as” name and physical address from thecontractor’s
SAM registration for the provided unique entityidentifier to
identify the contractor in section A of the contractschedule,
similar sections of non-uniform contract formatsand agreements, and
all corresponding forms and dataexchanges. Contracting officers
shall make no changes to thedata retrieved from SAM.
(d) (1) (i) If a contractor has legally changed its businessname
or “doing business as” name (whichever is shown on thecontract), or
has transferred the assets used in performing thecontract, but has
not completed the necessary requirementsregarding novation and
change-of-name agreements insubpart 42.12, the contractor is
required to provide theresponsible contracting officer a minimum of
one businessday’s written notification of its intention to change
the namein SAM, comply with the requirements of subpart 42.12,
andagree in writing to the timeline and procedures specified bythe
responsible contracting officer. Along with the notifica-tion, the
contractor is required to provide the contracting offi-cer
sufficient documentation to support the legally changedname.
(ii) If the contractor fails to comply with the require-ments of
paragraph (d)(1)(i) of the clause at 52.204-13, Sys-tem for Award
Management Maintenance, or fails to performthe agreement at
52.204-13, paragraph (d)(1)(i)(C), and, in theabsence of a properly
executed novation or change-of-nameagreement, the SAM information
that shows the contractor tobe other than the contractor indicated
in the contract will beconsidered to be incorrect information
within the meaning ofthe “Suspension of Payment” paragraph of the
EFT clause ofthe contract.
(2) The contractor shall not change the name or addressfor
electronic funds transfer payments (EFT) or manual pay-ments, as
appropriate, in the SAM record to reflect an assigneefor the
purpose of assignment of claims (see subpart 32.8,Assignment of
Claims).
(3) Assignees shall be separately registered in SAM.Information
provided to the contractor’s SAM record thatindicates payments,
including those made by EFT, to an ulti-mate recipient other than
that contractor will be considered tobe incorrect information
within the meaning of the “Suspen-sion of payment” paragraph of the
EFT clause of the contract.
http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%2http://uscode.house.gov/http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20http://
aoprals.state.gov/Web920/danger_pay_all.asphttp://
aoprals.state.gov/Web920/danger_pay_all.asphttp://
aoprals.state.gov/Web920/danger_pay_all.asp
-
4.1103 FEDERAL ACQUISITION REGULATION
FAC 2005–101 OCTOBER 26, 2018
4.11-2
4.1103 Procedures.(a) Unless the acquisition is exempt under
4.1102(a), the
contracting officer—(1) Shall verify that the offeror or quoter
is registered in
SAM (see paragraph (b) of this section) at the time an offer
orquotation is submitted;
(2) Should use the unique entity identifier to verifySAM
registration–
(i) Via https://www.sam.gov; or(ii) As otherwise provided by
agency procedures; or
(3) Need not verify SAM registration before placing anorder or
call if the contract or agreement includes the provi-sion at
52.204-7, System for Award Management, or theclause at 52.212-4,
Contract Terms and Conditions-Commer-cial Items, or a similar
agency clause, except when use of theGovernmentwide commercial
purchase card is contemplatedas a method of payment. (See
32.1108(b)(2).)
(b) If the contract action is being awarded in accordancewith
4.1102(a)(5), the contractor is required to be registeredin SAM
within 30 days after contract award, or at least threedays prior to
submission of the first invoice, whichever occursfirst.
(c) Agencies shall protect against improper disclosure
ofinformation contained in SAM.
(d) The contracting officer shall, on contractual
documentstransmitted to the payment office, provide the unique
entityidentifier, or, if applicable, the Electronic Funds Transfer
indi-cator, in accordance with agency procedures.
4.1104 Disaster Response Registry.Contracting officers shall
consult the Disaster Response
Registry via https://www.sam.gov, Search Records,Advanced
Search, Disaster Response Registry Search whencontracting for
debris removal, distribution of supplies, recon-struction, and
other disaster or emergency relief activitiesinside the United
States and outlying areas. (See 26.205).
4.1105 Solicitation provision and contract clauses.(a)(1) Insert
the provision at 52.204-7, System for Award
Management, in all solicitations except when the conditionsin
4.1102(a) apply.
(2) Insert the provision at 52.204-7, System for
AwardManagement, with its Alternate I when the solicitation
isanticipated to be awarded in accordance with 4.1102(a)(5).
(b) Insert the clause at 52.204-13, System for Award Man-agement
Maintenance, in solicitations that contain the provi-sion at
52.204-7, and resulting contracts.
https://www.sam.govhttps://www.sam.gov
-
SUBPART 4.12—REPRESENTATIONS AND CERTIFICATIONS 4.1202
FAC 2005–101 OCTOBER 26, 2018
4.12-1
Subpart 4.12—Representations and Certifications
4.1200 Scope.This subpart prescribes policies and procedures for
requir-
ing submission and maintenance of representations and
certi-fications via the System for Award Management (SAM) to—
(a) Eliminate the administrative burden for contractors
ofsubmitting the same information to various
contractingoffices;
(b) Establish a common source for this information to
pro-curement offices across the Government; and
(c) Incorporate by reference the contractor’s representa-tions
and certifications in the awarded contract.
4.1201 Policy.(a) Offerors and quoters are required to complete
electronic
annual representations and certifications in SAM accessed
viahttps://www.sam.gov as a part of required registration (seeFAR
4.1102).
(b)(1) All registrants are required to review and update
therepresentations and certifications submitted to SAM as
nec-essary, but at least annually, to ensure they are kept
current,accurate, and complete. The representations and
certificationsare effective until one year from date of submission
or updateto SAM.
(2) A contractors that represented itself as a small busi-ness
prior to award of a contract must update the representa-tions and
certifications in SAM in accordance with 52.219-28.A contractor
that represented itself as other than small busi-ness before
contract award and qualifies as a small businessmay update its
representations and certifications in SAM inaccordance with
52.219-28.
(c) Data in SAM is archived and is electronically retriev-able.
Therefore, when a prospective contractor has
completedrepresentations and certifications electronically in SAM,
thecontracting officer must reference the date of SAM verifica-tion
in the contract file to satisfy contract file
documentationrequirements of 4.803(a)(11). However, if an offeror
identi-fies changes to SAM data pursuant to the FAR provisions
at52.204-8(d) or 52.212-3(b), the contracting officer mustinclude a
copy of the changes in the contract file.
(d) The contracting officer shall incorporate the
represen-tations and certifications by reference in the contract
(see52.204-19, or for acquisitions of commercial items
see52.212-4(v)).
4.1202 Solicitation provision and contract clause.(a) Insert the
provision at 52.204-8, Annual Representa-
tions and Certifications, in solicitations, except for
commer-cial item solicitations issued under FAR part 12.
Thecontracting officer shall check the applicable provisions
at52.204-8(c)(2). When the provision at 52.204-7, System for
Award Management, is included in the solicitation, do not
sep-arately include the following representations and
certifica-tions:
(1) 52.203-2, Certificate of Independent PriceDetermination.
(2) 52.203-11, Certification and Disclosure RegardingPayments to
Influence Certain Federal Transactions.
(3) 52.203-18, Prohibition on Contracting with Entitiesthat
Require Certain Internal Confidentiality Agreements
orStatements-Representation.
(4) 52.204-3, Taxpayer Identification.(5) 52.204-5, Women-Owned
Business (Other Than
Small Business).(6) 52.204-17, Ownership or Control of
Offeror.(7) 52.204-20, Predecessor of Offeror.(8) 52.209-2,
Prohibition on Contracting with Inverted
Domestic Corporations—Representation.(9) 52.209-5, Certification
Regarding Responsibility
Matters.(10) 52.209-11, Representation by Corporations
Regarding Delinquent Tax Liability or a Felony Convictionunder
any Federal Law.
(11) 52.214-14, Place of Performance—Sealed Bid-ding.
(12) 52.215-6, Place of Performance.(13) 52.219-1, Small
Business Program Representa-
tions (Basic & Alternate I).(14) 52.219-2, Equal Low
Bids.(15) [Reserved](16) 52.222-18, Certification Regarding
Knowledge of
Child Labor for Listed End Products.(17) 52.222-22, Previous
Contracts and Compliance
Reports.(18) 52.222-25, Affirmative Action Compliance.(19)
52.222-38, Compliance with Veterans’ Employ-
ment Reporting Requirements.(20) 52.222-48, Exemption from
Application of the
Service Contract Labor Standards to Contracts for Mainte-nance,
Calibration, or Repair of Certain Equipment–Certifi-cation.
(21) 52.222-52, Exemption from Application of theService
Contract Labor Standards to Contracts for
CertainServices—Certification.
(22) 52.223-1, Biobased Product Certification.(23) 52.223-4,
Recovered Material Certification.(24) 52.223-9, Estimate of
Percentage of Recovered
Material Content for EPA-Designated Items (Alternate Ionly).
(25) 52.223-22, Public Disclosure of Greenhouse GasEmissions and
Reduction Goals-Representation.
(26) 52.225-2, Buy American Certificate.
-
4.1202 FEDERAL ACQUISITION REGULATION
FAC 2005-101)
4.12-2 (
(27) 52.225-4, Buy American—Free Trade Agree-ments—Israeli Trade
Act Certificate (Basic, Alternates I, II,and III).
(28) 52.225-6, Trade Agreements Certificate.(29) 52.225-20,
Prohibition on Conducting Restricted
Business Operations in Sudan—Certification.(30) 52.225-25,
Prohibition on Contracting with Enti-
ties Engaging in Certain Activities or Transactions Relating
toIran-Representation and Certifications.
(31) 52.226-2, Historically Black College or Universityand
Minority Institution Representation.
(32) 52.227-6, Royalty Information (Basic &Alternate I).
(33) 52.227-15, Representation of Limited Rights Dataand
Restricted Computer Software.
(b) The contracting officer shall insert the clause at52.204-19,
Incorporation by Reference of Representationsand Certifications, in
solicitations and contracts.
-
SUBPART 7.1—ACQUISITION PLANS 7.103
7.1-1
7.000 Scope of part.This part prescribes policies and procedures
for—(a) Developing acquisition plans;(b) Determining whether to use
commercial or Govern-
ment resources for acquisition of supplies or services;(c)
Deciding whether it is more economical to lease equip-
ment rather than purchase it; and(d) Determining whether
functions are inherently
governmental.
Subpart 7.1—Acquisition Plans
7.101 Definitions.As used in this subpart—“Acquisition
streamlining” means any effort that results in
more efficient and effective use of resources to design
anddevelop, or produce quality systems. This includes ensuringthat
only necessary and cost-effective requirements areincluded, at the
most appropriate time in the acquisition cycle,in solicitations and
resulting contracts for the design, devel-opment, and production of
new systems, or for modificationsto existing systems that involve
redesign of systems orsubsystems.
“Life-cycle cost” means the total cost to the Governmentof
acquiring, operating, supporting, and (if applicable) dispos-ing of
the items being acquired.
“Order” means an order placed under a—(1) Federal Supply
Schedule contract; or(2) Task-order contract or delivery-order
contract
awarded by another agency, (i.e., Governmentwide acquisi-tion
contract or multi-agency contract).
“Planner” means the designated person or office responsi-ble for
developing and maintaining a written plan, or for theplanning
function in those acquisitions not requiring a writtenplan.
7.102 Policy.(a) Agencies shall perform acquisition planning and
con-
duct market research (see part 10) for all acquisitions in
orderto promote and provide for—
(1) Acquisition of commercial items or, to the extentthat
commercial items suitable to meet the agency’s needs arenot
available, nondevelopmental items, to the maximumextent practicable
(10 U.S.C. 2377 and 41 U.S.C. 3307); and
(2) Full and open competition (see part 6) or, when fulland open
competition is not required in accordance withpart 6, to obtain
competition to the maximum extent practica-ble, with due regard to
the nature of the supplies or services tobe acquired (10 U.S.C.
2305(a)(1)(A) and 41 U.S.C.3306a)(1)).
(3) Selection of appropriate contract type in accordancewith
part 16; and
(4) Appropriate consideration of the use of
pre-existingcontracts, including interagency and intra-agency
contracts,to fulfill the requirement, before awarding new
contracts. (See8.002 through 8.004 and subpart 17.5).
(b) This planning shall integrate the efforts of all
personnelresponsible for significant aspects of the acquisition.
The pur-pose of this planning is to ensure that the Government
meets
its needs in the most effective, economical, and timely man-ner.
Agencies that have a detailed acquisition planning systemin place
that generally meets the requirements of 7.104 and7.105 need not
revise their system to specifically meet all ofthese
requirements.
7.103 Agency-head responsibilities.The agency head or a designee
shall prescribe procedures
for—(a) Promoting and providing for full and open
competition
(see part 6) or, when full and open competition is not
requiredin accordance with part 6, for obtaining competition to
themaximum extent practicable, with due regard to the nature ofthe
supplies and services to be acquired(10 U.S.C. 2305(a)(1)(A) and 41
U.S.C. 3306(a)(1)).
(b) Encouraging offerors to supply commercial items, or tothe
extent that commercial items suitable to meet the agencyneeds are
not available, nondevelopmental items in responseto agency
solicitations (10 U.S.C. 2377 and 41 U.S.C. 3307);and
(c) Ensuring that acquisition planners address the require-ment
to specify needs, develop specifications, and to solicitoffers in
such a manner to promote and provide for full andopen competition
with due regard to the nature of the suppliesand services to be
acquired (10 U.S.C. 2305(a)(1)(A) and41 U.S.C. 3306(a)(1)). (See
part 6 and 10.002.)
(d) Ensuring that acquisition planners document the file
tosupport the selection of the contract type in accordance
withsubpart 16.1.
(e) Establishing criteria and thresholds at which increas-ingly
greater detail and formality in the planning process isrequired as
the acquisition becomes more complex and costly,including for
cost-reimbursement and other high-risk con-tracts (e.g., other than
firm-fixed-price contracts) requiring awritten acquisition plan. A
written plan shall be prepared forcost reimbursement and other
high-risk contracts other thanfirm-fixed-price contracts, although
written plans may berequired for firm-fixed-price contracts as
appropriate.
(f) Ensuring that the statement of work is closely alignedwith
performance outcomes and cost estimates.
(g) Writing plans either on a systems basis, on an individ-ual
contract basis, or on an individual order basis, dependingupon the
acquisition.
(h) Ensuring that the principles of this subpart are used,
asappropriate, for those acquisitions that do not require a
writtenplan as well as for those that do.
(i) Designating planners for acquisitions.(j) Reviewing and
approving acquisition plans and revi-
sions to these plans to ensure compliance with FAR require-ments
including 7.104 and part 16. For other than firm-fixed-price
contracts, ensuring that the plan is approved and signedat least
one level above the contracting officer.
(k) Establishing criteria and thresholds at which design-to-cost
and life-cycle-cost techniques will be used.
(l) Establishing standard acquisition plan formats, ifdesired,
suitable to agency needs; and
(m) Waiving requirements of detail and formality, as nec-essary,
in planning for acquisitions having compressed deliv-
(FAC 2005-101)
-
7.104 FEDERAL ACQUISITION REGULATION
7.1-2
ery or performance schedules because of the urgency of
theneed.
(n) Assuring that the contracting officer, prior to
contract-ing, reviews:
(1) The acquisition history of the supplies and services;and
(2) A description of the supplies, including, when nec-essary
for adequate description, a picture, drawing, diagram,or other
graphic representation.
(o) Ensuring that agency planners include use of the
metricsystem of measurement in proposed acquisitions in accor-dance
with 15 U.S.C. 205b (see 11.002(b)) and agency metricplans and
guidelines.
(p) Ensuring that agency planners—(1) Specify needs for printing
and writing paper consis-
tent with the 30 percent postconsumer fiber minimum
contentstandards specified in section 2(d)(ii) of Executive
Order13423 of January 24, 2007, Strengthening Federal
Environ-mental, Energy, and Transportation Management, and
section2(e)(iv) of Executive Order 13514 of October 5, 2009
(see11.303)
(2) Comply with the policy in 11.002(d) regarding pro-curement
of biobased products, products containing recov-ered materials,
environmentally preferable products andservices (including
Electronic Product EnvironmentalAssessment Tool (EPEAT®)-registered
electronic products,nontoxic or low-toxic alternatives), ENERGY
STAR® andFederal Energy Management Program-designated
products,renewable energy, water-efficient products,
non-ozone-depleting products, and products and services that
minimizeor eliminate, when feasible, the use, release, or emission
ofhigh global warming potential hydrofluorocarbons, such as byusing
reclaimed instead of virgin hydrofluorocarbons;
(3) Comply with the Guiding Principles for FederalLeadership in
High-Performance and Sustainable Buildings(Guiding Principles), for
the design, construction, renovation,repair, or deconstruction of
Federal buildings. The GuidingPrinciples can be accessed at
https://www.epa.gov/greeningepa/guiding-principles-federal-leadership-high-per-formance-and-sustainable-buildings;
and
(4) Require contractor compliance with Federal envi-ronmental
requirements, when the contractor is operatingGovernment-owned
facilities or vehicles, to the same extentas the agency would be
required to comply if the agency oper-ated the facilities or
vehicles.
(q) Ensuring that acquisition planners specify needs anddevelop
plans, drawings, work statements, specifications, orother product
descriptions that address Electronic and Infor-mation Technology
Accessibility Standards (see 36 CFRPart 1194) in proposed
acquisitions (see 11.002(e)) and thatthese standards are included
in requirements planning, asappropriate (see subpart 39.2).
(r) Making a determination, prior to issuance of a solicita-tion
for advisory and assistance services involving the analy-sis and
evaluation of proposals submitted in response to asolicitation,
that a sufficient number of covered personnelwith the training and
capability to perform an evaluation andanalysis of proposals
submitted in response to a solicitation
are not readily available within the agency or from
anotherFederal agency in accordance with the guidelines at
37.204.
(s) Ensuring that no purchase request is initiated or
contractentered into that would result in the performance of an
inher-ently governmental function by a contractor and that all
con-tracts or orders are adequately managed so as to
ensureeffective official control over contract or order
performance.
(t) Ensuring that knowledge gained from prior acquisitionsis
used to further refine requirements and acquisition strate-gies.
For services, greater use of performance-based acquisi-tion methods
should occur for follow-on acquisitions.
(u) Ensuring that acquisition planners, to the maximumextent
practicable—
(1) Structure contract requirements to facilitate compe-tition
by and among small business concerns; and
(2) Avoid unnecessary and unjustified consolidation orbundling
(see 7.107) (15 U.S.C. 631(j) and 15 U.S.C. 657q).
(v) Ensuring that agency planners on information technol-ogy
acquisitions comply with the capital planning and invest-ment
control requirements in 40 U.S.C. 11312 and OMBCircular A-130.
(w) Ensuring that agency planners on information technol-ogy
acquisitions comply with the information technologysecurity
requirements in the Federal Information SecurityManagement Act (44
U.S.C. 3544), OMB’s implementingpolicies including Appendix III of
OMB Circular A-130, andguidance and standards from the Department
of Commerce’sNational Institute of Standards and Technology.
(x) Encouraging agency planners to consider the use of aproject
labor agreement (see subpart 22.5).
(y) Ensuring that contracting officers consult the
DisasterResponse Registry via https://www.sam.gov, Search
Records,Advanced Search, Disaster Response Registry Search as apart
of acquisition planning for debris removal, distribution
ofsupplies, reconstruction, and other disaster or emergencyrelief
activities inside the United States and outlying areas.(See
26.205).
7.104 General procedures.(a) Acquisition planning should begin
as soon as the
agency need is identified, preferably well in advance of
thefiscal year in which contract award or order placement is
nec-essary. In developing the plan, the planner shall form a
teamconsisting of all those who will be responsible for
significantaspects of the acquisition, such as contracting, small
business,fiscal, legal, and technical personnel. If contract
performanceis to be in a designated operational area or supporting
a dip-lomatic or consular mission, the planner shall also
considerinclusion of the combatant commander or chief of mission,
asappropriate. The planner should review previous plans forsimilar
acquisitions and discuss them with the key personnelinvolved in
those acquisitions. At key dates specified in theplan or whenever
significant changes occur, and no less oftenthan annually, the
planner shall review the plan and, if appro-priate, revise it.
(b) Requirements and logistics personnel should avoidissuing
requirements on an urgent basis or with unrealisticdelivery or
performance schedules, since it generally restrictscompetition and
increases prices. Early in the planning pro-
FAC 2005–101 OCTOBER 26, 2018
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SUBPART 7.1—ACQUISITION PLANS 7.105
7.1-3
cess, the planner should consult with requirements and
logis-tics personnel who determine type, quality, quantity,
anddelivery requirements.
(c) The planner shall coordinate with and secure the
con-currence of the contracting officer in all acquisition
planning.If the plan proposes using other than full and open
competitionwhen awarding a contract, the plan shall also be
coordinatedwith the cognizant advocate for competition.
(d) The planner shall coordinate the acquisition plan orstrategy
with the cognizant small business specialist when thestrategy
contemplates an acquisition meeting the thresholds in7.107-4 for
substantial bundling unless the contract or taskorder or delivery
order is entirely reserved or set-aside forsmall business under
part 19. The small business specialistshall notify the agency
Office of Small and DisadvantagedBusiness Utilization or the Office
of Small Business Programsif the strategy involves-
(1) Bundling that is unnecessary or unjustified; or(2) Bundled
or consolidated requirements not identified
as such by the agency (see 7.107).(e) The planner shall ensure
that a COR is nominated as
early as practicable in the acquisition process by the
require-ments official or in accordance with agency procedures.
Thecontracting officer shall designate and authorize a COR asearly
as practicable after the nomination. See 1.602-2(d).
7.105 Contents of written acquisition plans.In order to
facilitate attainment of the acquisition objec-
tives, the plan must identify those milestones at which
deci-sions should be made (see paragraph (b)(21) of this
section).The plan must address all the technical, business,
manage-ment, and other significant considerations that will control
theacquisition. The specific content of plans will vary,
dependingon the nature, circumstances, and stage of the
acquisition. Inpreparing the plan, the planner must follow the
applicableinstructions in paragraphs (a) and (b) of this section,
togetherwith the agency’s implementing procedures. Acquisitionplans
for service contracts or orders must describe the strate-gies for
implementing performance-based acquisition meth-ods or must provide
rationale for not using those methods (seesubpart 37.6).
(a) Acquisition background and objectives— (1) State-ment of
need. Introduce the plan by a brief statement of need.Summarize the
technical and contractual history of the acqui-sition. Discuss
feasible acquisition alternatives, the impact ofprior acquisitions
on those alternatives, and any related in-house effort.
(2) Applicable conditions. State all significant condi-tions
affecting the acquisition, such as—
(i) Requirements for compatibility with existing orfuture
systems or programs; and
(ii) Any known cost, schedule, and capability or per-formance
constraints.
(3) Cost. Set forth the established cost goals for
theacquisition and the rationale supporting them, and discuss
related cost concepts to be employed, including, as
appropri-ate, the following items:
(i) Life-cycle cost. Discuss how life-cycle cost willbe
considered. If it is not used, explain why. If appropriate,discuss
the cost model used to develop life-cycle-costestimates.
(ii) Design-to-cost. Describe the design-to-costobjective(s) and
underlying assumptions, including the ratio-nale for quantity,
learning-curve, and economic adjustmentfactors. Describe how
objectives are to be applied, tracked,and enforced. Indicate
specific related solicitation and con-tractual requirements to be
imposed.
(iii) Application of should-cost. Describe the appli-cation of
should-cost analysis to the acquisition (see15.407-4).
(4) Capability or performance. Specify the requiredcapabilities
or performance characteristics of the supplies orthe performance
standards of the services being acquired andstate how they are
related to the need.
(5) Delivery or performance-period requirements.Describe the
basis for establishing delivery or performance-period requirements
(see subpart 11.4). Explain and providereasons for any urgency if
it results in concurrency of devel-opment and production or
constitutes justification for not pro-viding for full and open
competition.
(6) Trade-offs. Discuss the expected consequences oftrade-offs
among the various cost, capability or performance,and schedule
goals.
(7) Risks. Discuss technical, cost, and schedule risksand
describe what efforts are planned or underway to reducerisk and the
consequences of failure to achieve goals. If con-currency of
development and production is planned, discussits effects on cost
and schedule risks.
(8) Acquisition streamlining. If specifically designatedby the
requiring agency as a program subject to acquisitionstreamlining,
discuss plans and procedures to—
(i) Encourage industry participation by using
draftsolicitations, presolicitation conferences, and other means
ofstimulating industry involvement during design and develop-ment
in recommending the most appropriate application andtailoring of
contract requirements;
(ii) Select and tailor only the necessary and cost-effective
requirements; and
(iii) State the timeframe for identifying which ofthose
specifications and standards, originally provided forguidance only,
shall become mandatory.
(b) Plan of action—(1) Sources. (i) Indicate the prospective
sources of supplies or
services that can meet the need. (ii) Consider required sources
of supplies or services
(see part 8) and sources identifiable through databases
includ-ing the Governmentwide database of contracts and other
pro-curement instruments intended for use by multiple
agenciesavailable at
https://www.contractdirectory.gov/contractdirectory/.
(FAC 2005-101)
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7.105 FEDERAL ACQUISITION REGULATION
7.1-4
(iii) Include consideration of small business, vet-eran-owned
small business, service-disabled veteran-ownedsmall business,
HUBZone small business, small disadvan-taged business, and
women-owned small business concerns(see part 19).
(iv) Consider the impact of any consolidation or bun-dling that
might affect their participation in the acquisition(see 7.107) (15
U.S.C. 644(e) and 15 U.S.C. 657q). When theproposed acquisition
strategy involves bundling, identify theincumbent contractors and
contracts affected by the bundling.
(v) Address the extent and results of the marketresearch and
indicate their impact on the various elements ofthe plan (see part
10).
(2) Competition.(i) Describe how competition will besought,
promoted, and sustained throughout the course of theacquisition. If
full and open competition is not contemplated,cite the authority in
6.302, discuss the basis for the applicationof that authority,
identify the source(s), and discuss why fulland open competition
cannot be obtained.
(ii) Identify the major components or subsystems.Discuss
component breakout plans relative to these majorcomponents or
subsystems. Describe how competition will besought, promoted, and
sustained for these components orsubsystems.
(iii) Describe how competition will be sought, pro-moted, and
sustained for spares and repair parts. Identify thekey logistic
milestones, such as technical data delivery sched-ules and
acquisition method coding conferences, that affectcompetition.
(iv) When effective subcontract competition is bothfeasible and
desirable, describe how such subcontract compe-tition will be
sought, promoted, and sustained throughout thecourse of the
acquisition. Identify any known barriers toincreasing subcontract
competition and address how to over-come them.
(3) Contract type selection. Discuss the rationale for
theselection of contract type. For other than firm-fixed-price
con-tracts, see 16.103(d) for additional documentation
guidance.Acquisition personnel shall document the acquisition
planwith findings that detail the particular facts and
circum-stances, (e.g., complexity of the requirements, uncertain
dura-tion of the work, contractor’s technical capability
andfinancial responsibility, or adequacy of the
contractor’saccounting system), and associated reasoning essential
to sup-port the contract type selection. The contracting officer
shallensure that requirements and technical personnel provide
thenecessary documentation to support the contract type
selec-tion.
(4) Source-selection procedures. Discuss the source-selection
procedures for the acquisition, including the timingfor submission
and evaluation of proposals, and the relation-ship of evaluation
factors to the attainment of the acquisitionobjectives (see subpart
15.3). When an EVMS is required (seeFAR 34.202(a)) and a pre-award
IBR is contemplated, theacquisition plan must discuss—
(i) How the pre-award IBR will be considered in thesource
selection decision;
(ii) How it will be conducted in the source selectionprocess
(see FAR 15.306); and
(iii) Whether offerors will be directly compensatedfor the costs
of participating in a pre-award IBR.
(5) Acquisition considerations. (i) For each
contractcontemplated, discuss use of multiyear contracting,
options,or other special contracting methods (see part 17); any
specialclauses, special solicitation provisions, or FAR
deviationsrequired (see subpart 1.4); whether sealed bidding or
negoti-ation will be used and why; whether equipment will
beacquired by lease or purchase (see subpart 7.4) and why; andany
other contracting considerations. Provide rationale if
aperformance-based acquisition will not be used or if a
perfor-mance-based acquisition for services is contemplated on
otherthan a firm-fixed-price basis (see 37.102(a), 16.103(d),
and16.505(a)(3)).
(ii) For each order contemplated, discuss—(A) For information
technology acquisitions, how
the capital planning and investment control requirements of40
U.S.C. 11312 and OMB Circular A-130 will be met (see7.103(v) and
part 39); and
(B) Why this action benefits the Government,such as when—
(1) The agency can accomplish its missionmore efficiently and
effectively (e.g., take advantage of theservicing agency’s
specialized expertise; or gain access tocontractors with needed
expertise); or
(2) Ordering through an indefinite deliverycontract facilitates
access to small business concerns, includ-ing small disadvantaged
business concerns, 8(a) contractors,women-owned small business
concerns, HUBZone smallbusiness concerns, veteran-owned small
business concerns, orservice-disabled veteran-owned small business
concerns.
(iii) For information technology acquisitions usingInternet
Protocol, discuss whether the requirements docu-ments include the
Internet Protocol compliance requirementsspecified in 11.002(g) or
a waiver of these requirements hasbeen granted by the agency’s
Chief Information Officer.
(iv) For each contract (and order) contemplated, dis-cuss the
strategy to transition to firm-fixed-price contracts tothe maximum
extent practicable. During the requirementsdevelopment stage,
consider structuring the contract require-ments, i.e., line items,
in a manner that will permit some, if notall, of the requirements
to be awarded on a firm-fixed-pricebasis, either in the current
contract, future option years, or fol-low-on contracts. This will
facilitate an easier transition to afirm-fixed-price contract,
because a cost history will be devel-oped for a recurring
definitive requirement.
(6) Budgeting and funding. Include budget estimates,explain how
they were derived, and discuss the schedule forobtaining adequate
funds at the time they are required (seesubpart 32.7).
(7) Product or service descriptions. Explain the choiceof
product or service description types (including perfor-mance-based
acquisition descriptions) to be used in theacquisition.
(8) Priorities, allocations, and allotments. Whenurgency of the
requirement dictates a particularly short deliv-ery or performance
schedule, certain priorities may apply. If
(FAC 2005-101)
-
SUBPART 7.1—ACQUISITION PLANS 7.105
7.1-5
so, specify the method for obtaining and using priorities,
allo-cations, and allotments, and the reasons for them (seesubpart
11.6).
(9) Contractor versus Government performance.Address the
consideration given to OMB Circular No. A-76(see subpart 7.3).
(10) Inherently governmental functions. Address theconsideration
given to subpart 7.5.
(11) Management information requirements. Discuss,as
appropriate, what management system will be used by theGovernment
to monitor the contractor’s effort. If an EarnedValue Management
System is to be used, discuss the method-ology the Government will
employ to analyze and use theearned value data to assess and
monitor contract performance.In addition, discuss how the
offeror’s/contractor’s EVMS willbe verified for compliance with the
Electronic Industries Alli-ance Standard 748 (EIA-748), Earned
Value ManagementSystems, and the timing and conduct of integrated
baselinereviews (whether prior to or post award). (See 34.202.)
(12) Make or buy. Discuss any consideration given tomake-or-buy
programs (see 15.407-2).
(13) Test and evaluation. To the extent applicable,describe the
test program of the contractor and the Govern-ment. Describe the
test program for each major phase of amajor system acquisition. If
concurrency is planned, discussthe extent of testing to be
accomplished before productionrelease.
(14) Logistics considerations. Describe—(i) The assumptions
determining contractor or
agency support, both initially and over the life of the
acquisi-tion, including consideration of contractor or agency
mainte-nance and servicing (see subpart 7.3), support for contracts
tobe performed in a designated operational area or supporting
adiplomatic or consular mission (see 25.301-3); and distribu-tion
of commercial items;
(ii) The reliability, maintainability, and quality assur-ance
requirements, including any planned use of warranties(see part
46);
(iii) The requirements for contractor data (includingrepurchase
data) and data rights, their estimated cost, and theuse to be made
of the data (see part 27); and
(iv) Standardization concepts, including the neces-sity to
designate, in accordance with agency procedures, tech-nical
equipment as “standard” so that future purchases of theequipment
can be made from the same manufacturing source.
(15) Government-furnished property. Indicate any Gov-ernment
property to be furnished to contractors, and discussany associated
considerations, such as its availability or theschedule for its
acquisition (see 45.102).
(16) Government-furnished information. Discuss anyGovernment
information, such as manuals, drawings, and testdata, to be
provided to prospective offerors and contractors.Indicate which
information that requires additional controls tomonitor access and
distribution (e.g., technical specifications,maps, building
designs, schedules, etc.), as determined by theagency, is to be
posted via the enhanced controls of the GPEat https://www.fbo.gov
(see 5.102(a)).
(17) Environmental and energy conservation objec-tives. Discuss
all applicable environmental and energy con-
servation objectives associated with the acquisition (seepart
23), the applicability of an environmental assessment
orenvironmental impact statement (see 40 CFR 1502), the pro-posed
resolution of environmental issues, and any
environ-mentally-related requirements to be included in
solicitationsand contracts (see 11.002 and 11.303).
(18) Security considerations. (i) For acquisitions deal-ing with
classified matters, discuss how adequate security willbe
established, maintained, and monitored (see subpart 4.4).
(ii) For information technology acquisitions, discusshow agency
information security requirements will be met.
(iii) For acquisitions requiring routine contractorphysical
access to a Federally-controlled facility and/or rou-tine access to
a Federally-controlled information system, dis-cuss how agency
requirements for personal identityverification of contractors will
be met (see subpart 4.13).
(iv) or acquisitions that may require Federal
contractinformation to reside in or transit through contractor
informa-tion systems, discuss compliance with subpart 4.19.
(19) Contract administration. Describe how the con-tract will be
administered. In contracts for services, includehow inspection and
acceptance corresponding to the workstatement’s performance
criteria will be enforced.
(20) Other considerations. Discuss, as applicable:(i)
Standardization concepts; (ii) The industrial readiness
program;(iii) The Defense Production Act;(iv) The Occupational
Safety and Health Act; (v) Support Anti-terrorism by Fostering
Effective
Technologies Act of 2002 (SAFETY Act) (see subpart 50.2);(vi)
Foreign sales implications;(vii) Special requirements for contracts
to be per-
formed in a designated operational area or supporting a
dip-lomatic or consular mission; and
(viii) Any other matters germane to the plan not cov-ered
elsewhere.
(21) Milestones for the acquisition cycle. Address thefollowing
steps and any others appropriate:
Acquisition plan approval.Statement of work.Specifications.Data
requirements.Completion of acquisition-package preparation.Purchase
request.Justification and approval for other than full and
opencompetition where applicable and/or any required
D&Fapproval.Issuance of synopsis.Issuance of
solicitation.Evaluation of proposals, audits, and field
reports.Beginning and completion of negotiations.Contract
preparation, review, and clearance.Contract award.
(22) Identification of participants in acquisition
planpreparation. List the individuals who participated in
prepar-ing the acquisition plan, giving contact information for
each.
(FAC 2005-101)
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7.106 FEDERAL ACQUISITION REGULATION
7.1-6
7.106 Additional requirements for major systems.(a) In planning
for the solicitation of a major system (see
part 34) development contract, planners shall consider
requir-ing offerors to include, in their offers, proposals to
incorporatein the design of a major system—
(1) Items which are currently available within the sup-ply
system of the agency responsible for the major system,available
elsewhere in the national supply system, or commer-cially available
from more than one source; and
(2) Items which the Government will be able to
acquirecompetitively in the future if they are likely to be needed
insubstantial quantities during the system’s service life.
(b) In planning for the solicitation of a major system (seepart
34) production contract, planners shall consider requiringofferors
to include, in their offers, proposals identifyingopportunities to
assure that the Government will be able toobtain, on a competitive
basis, items acquired in connectionwith the system that are likely
to be acquired in substantialquantities during the service life of
the system. Proposals sub-mitted in response to such requirements
may include thefollowing:
(1) Proposals to provide the Government the right to
usetechnical data to be provided under the contract for
competi-tive future acquisitions, together with the cost to the
Govern-ment, if any, of acquiring such technical data and the right
touse such data.
(2) Proposals for the qualification or development ofmultiple
sources of supply for competitive future acquisitions.
(c) In determining whether to apply paragraphs (a) and (b)of
this section, planners shall consider the purposes for whichthe
system is being acquired and the technology necessary tomeet the
system’s required capabilities. If such proposals arerequired, the
contracting officer shall consider them in evalu-ating competing
offers. In noncompetitive awards, the factorsin paragraphs (a) and
(b) of this section, may be considered bythe contracting officer as
objectives in negotiating thecontract.
7.107 Additional requirements for acquisitions involving
consolidation, bundling, or substantial bundling.
7.107-1 General.(a) If the requirement is considered both
consolidated and
bundled, the agency shall follow the guidance regarding
bun-dling in 7.107-3 and 7.107-4.
(b) The requirements of this section 7.107 do not apply–(1) If a
cost comparison analysis will be performed in
accordance with OMB Circular A-76 (except 7.107-4
stillapplies);
(2) To orders placed under single-agency task-ordercontracts or
delivery-order contracts, when the requirementwas considered in
determining that the consolidation or bun-dling of the underlying
contract was necessary and justified;or
(3) To requirements for which there is a mandatorysource (see
8.002 or 8.003), including supplies and servicesthat are on the
Procurement List maintained by the Committeefor Purchase From
People Who Are Blind or Severely Dis-
abled or the Schedule of Products issued by Federal
PrisonIndustries, Inc. This exception does not apply–
(i) When the requiring agency obtains a waiver inaccordance with
8.604 or an exception in accordance with8.605 or 8.706; or
(ii) When optional acquisitions of supplies and ser-vices
permitted under 8.713 are included.
7.107-2 Consolidation.(a) Consolidation may provide substantial
benefits to the
Government. However, because of the potential impact onsmall
business participation, before conducting an acquisitionthat is a
consolidation of requirements with an estimated totaldollar value
exceeding $2 million, the senior procurementexecutive or chief
acquisition officer shall make a writtendetermination that the
consolidation is necessary and justifiedin accordance with 15
U.S.C. 657q, after ensuring that–
(1) Market research has been conducted;(2) Any alternative
contracting approaches that would
involve a lesser degree of consolidation have been
identified;(3) The determination is coordinated with the
agency’s
Office of Small Disadvantaged Business Utilization or theOffice
of Small Business Programs;
(4) Any negative impact by the acquisition strategy
oncontracting with small business concerns has been
identified;and
(5) Steps are taken to include small business concernsin the
acquisition strategy.
(b) The senior procurement executive or chief acquisitionofficer
may determine that the consolidation is necessary andjustified if
the benefits of the acquisition would substantiallyexceed the
benefits that would be derived from each of thealternative
contracting approaches identified under paragraph(a)(2) of this
subsection, including benefits that are quantifi-able in dollar
amounts as well as any other specifically iden-tified benefits.
(c) Such benefits may include cost savings or price reduc-tion
and, regardless of whether quantifiable in dollaramounts–
(1) Quality improvements that will save time orimprove or
enhance performance or efficiency;
(2) Reduction in acquisition cycle times; (3) Better terms and
conditions; or(4) Any other benefit.
(d) Benefits. (1) Benefits that are quantifiable in
dollaramounts are substantial if individually, in combination, or
inthe aggregate the anticipated financial benefits are
equivalentto–
(i) Ten percent of the estimated contract or ordervalue
(including options) if the value is $94 million or less; or
(ii) Five percent of the estimated contract or ordervalue
(including options) or $9.4 million, whichever isgreater, if the
value exceeds $94 million.
(FAC 2005-101)
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SUBPART 8.4—FEDERAL SUPPLY SCHEDULES 8.402
8.4-1
Subpart 8.4—Federal Supply Schedules
8.401 Definitions.As used in this subpart—“Ordering activity”
means an activity that is authorized to
place orders, or establish blanket purchase agreements
(BPA),against the General Services Administration’s (GSA) Multi-ple
Award Schedule contracts. A list of eligible ordering activ-ities
is available at http://www.gsa.gov/schedules (click “ForCustomers
Ordering from Schedules” and then “Eligibility toUse GSA
Sources”).
“Multiple Award Schedule (MAS)” means contractsawarded by GSA or
the Department of Veterans Affairs (VA)for similar or comparable
supplies, or services, establishedwith more than one supplier, at
varying prices. The primarystatutory authorities for the MAS
program are 41 U.S.C.152(3), Competitive Procedures, and 40 U.S.C.
501, Servicesfor Executive Agencies.
“Requiring agency” means the agency needing the sup-plies or
services.
“Schedules e-Library” means the on-line source for GSAand VA
Federal Supply Schedule contract award information.Schedules
e-Library may be accessed at http://www.gsa.gov/elibrary.
“Special Item Number (SIN)” means a group of generi-cally
similar (but not identical) supplies or services that areintended
to serve the same general purpose or function.
8.402 General.(a) The Federal Supply Schedule program is also
known as
the GSA Schedules Program or the Multiple Award ScheduleProgram.
The Federal Supply Schedule program is directedand managed by GSA
and provides Federal agencies (see8.004) with a simplified process
for obtaining commercialsupplies and services at prices associated
with volume buying.Indefinite delivery contracts are awarded to
provide suppliesand services at stated prices for given periods of
time. GSAmay delegate certain responsibilities to other
agencies(e.g., GSA has delegated authority to the VA to procure
med-ical supplies under the VA Federal Supply Schedules pro-gram).
Orders issued under the VA Federal Supply Scheduleprogram are
covered by this subpart. Additionally, the Depart-ment of Defense
(DoD) manages similar systems of schedule-type contracting for
military items; however, DoD systems arenot covered by this
subpart.
(b) GSA schedule contracts require all schedule contrac-tors to
publish an “Authorized Federal Supply SchedulePricelist”
(pricelist). The pricelist contains all supplies andservices
offered by a schedule contractor. In addition, eachpricelist
contains the pricing and the terms and conditions per-taining to
each Special Item Number that is on schedule. Theschedule
contractor is required to provide one copy of itspricelist to any
ordering activity upon request. Also, a copy of
the pricelist may be obtained from the Federal Supply Serviceby
submitting a written e-mail request [email protected]
or by telephone at1-800-488-3111. This subpart, together with the
pricelists,contain necessary information for placing delivery or
taskorders with schedule contractors. In addition, the GSA
sched-ule contracting office issues Federal Supply Schedules
publi-cations that contain a general overview of the Federal
SupplySchedule (FSS) program and address pertinent topics.
Order-ing activities may request copies of schedules publications
bycontacting the Centralized Mailing List Service through
theInternet at http://www.gsa.gov/cmls, submitting written e-mail
requests to [email protected]; or by completing GSAForm 457, FSS
Publications Mailing List Application, andmailing it to the GSA
Centralized Mailing List Service (7SM),P.O. Box 6477, Fort Worth,
TX 76115. Copies of GSAForm 457 may also be obtained from the
above-referencedpoints of contact.
(c)(1) GSA offers an on-line shopping service called
“GSAAdvantage!” through which ordering activities may placeorders
against Schedules. (Ordering activities may also useGSA Advantage!
to place orders through GSA’s Global Sup-ply System, a GSA
wholesale supply source, formerly knownas “GSA Stock” or the
“Customer Supply Center.”FAR subpart 8.4 is not applicable to
orders placed through theGSA Global Supply System.) Ordering
activities may accessGSA Advantage! through the GSA F