1. Skyway Insight© Webinar
Training From Contracting Officers

2. Administrivia Settings Controls Attendees Record
mic and speakers vs telephone
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3. Shelley Hall << Record >>
32 years in Department of Defense (retired Nov 2015)
USAF (AFMC and AFSPC)
Held unlimited Contracting Officer’s warrant for 23 years
Community Relations and Content Manager for Skyway
Expertise in services and supplies, Federal Supply Schedules, pre-and post-award, simplified acquisition to large dollar technically complex source selections, Foreign Military Sales, and commercial and non-commercial
<< Record >>

4. Skyway Insight© Webinar
Training From Contracting Officers
Topic: FAR 13.5 Simplified Acquisition Procedures for Certain Commercial Items
Host: Shelley Hall

5. Agenda How Was FAR 13.5 Developed? What’s Different? What’s the Same?
Final Thoughts

6. How Was FAR 13.5 Developed?
01/28/2016

7. How Was FAR 13.5 Developed?
FAR (a) states that “Agencies shall use simplified acquisition procedures to the maximum extent practicable for all purchases of supplies or services not exceeding the simplified acquisition threshold (including purchases at or below the micro-purchase threshold).
In 1994, Congress passed the Federal Acquisition Streamlining Act (FASA), authorizing the use of simplified acquisition procedures (SAP) for purchases not exceeding $100,000.

8. How Was FAR 13.5 Developed? (cont’d)
In 1996, Congress authorized a test program allowing more discretion and flexibility for purchases of commercial items exceeding the $100,000 threshold, but not exceeding $5 million. The regulations implementing this authority were set forth in FAR Subpart 13.5 (Test Program for Certain Commercial Items).
The “test” program was initially given a two-year timeframe to be used. Then every two years, it had to be extended for another two years.
Finally on July 2, 2015, permanent authority for its use was given.

9. How Was FAR 13.5 Developed? (cont’d)
FAR 13.5 allows the use of simplified acquisition procedures for commercial supplies and services for amounts greater than the simplified acquisition threshold (currently $150,000) but less than or equal to $7M (total dollar value includes options)*
*$13M for acquisitions as determined by the head of the agency that are to be used in support of a contingency operation or to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack.

10. How Was FAR 13.5 Developed? (cont’d)
The nature of the items/services and market research must show that offers will only include commercial items.
These procedures give contracting officers additional discretion and flexibility, so authorized commercial item acquisitions can be solicited, offered, evaluated, and awarded in a simplified manner that maximizes efficiency and economy and minimizes burden and administrative costs for both the Government and industry

11. What We Have So Far So FAR 13.5 incorporates both
FAR Part 12 – Acquisition of Commercial Items
AND
FAR Part 13 – Simplified Acquisition Procedures

12. DFARS 213.5
Only one offer.
If only one offer is received in response to a competitive solicitation issued using FAR 13.5 –
If less than 30 days were allowed for proposal receipt, the CO shall-
Determine if the requirements should be revised to promote more competition
Resolicit, allowing an additional period of at least 30 days for receipt of proposals; and
For competitive solicitations where multiple potential offerors expressed an interest in an acquisition, but only one offer was received, find out why.

13. DFARS 213.5 213.501 Special documentation requirements.
Sole source (including brand name) acquisitions. For non-competitive follow-on acquisitions of supplies or services previously awarded on a non-competitive basis, additional documentation is required.

14. What’s different?
01/28/2016

15. What’s Different?
FAR (b) -- Evaluation procedures - The CO has broad discretion in creating evaluation procedures.
If using price and other factors, evaluate quotes or offers in an efficient and minimally burdensome manner.
Formal evaluation plans, establishing a competitive range, conducting discussions, and scoring quotations are not required.

16. What’s Different?
Evaluation of other factors, such as past performance --
Does not require the creation or existence of a formal data base; and
May be based on one or more of the following:
The CO’s knowledge of the supply or service;
Customer surveys and past performance questionnaire replies;
The Past Performance Information Retrieval System (PPIRS) at
Any other reasonable basis.

17. What’s Different? FAR 13.106-3 -- Award and Documentation.
Basis for award - the CO determines the proposed price is fair and reasonable.
If possible, base price reasonableness on competitive quotations or offers.

18. What’s Different?
If only one response is received, include a price reasonableness memo in the contract file based on:
Market research;
Comparison of proposed price with prices found reasonable on previous purchases;
Current price lists, catalogs, or advertisements.
Comparison with similar items in a related industry;
The CO’s personal knowledge of the item being purchased;
Comparison to an independent Government estimate; or
Any other reasonable basis.

19. What’s Different?
When acquiring commercial items or supplies or services, the CO may use a combined synopsis and solicitation. In these cases, a separate solicitation is not required. The contracting officer must include enough information to permit suppliers to develop quotations or offers.

20. What’s Different?
Caution! Whether you are the CO or the offeror, be very careful with combined synopsis solicitations! When these documents become contracts, the award document may include or require terms or conditions or clauses that were not included in the initial document. Read them carefully! Sign at your own risk!

21. What’s the same?
01/28/2016

22. What’s the Same?
13.5 can’t be used if an agency can meet its requirement using --
Required sources of supply (e.g., Federal Prison Industries, Committee for Purchase from People Who are Blind or Severely Disabled, and Federal Supply Schedule contracts);
Existing indefinite delivery/indefinite quantity contracts; or
Other established contracts.

23. What’s the Same?
The CO shall consider socio-economic (small business) set asides—
8(a) Program
Historically Underutilized Business Zone (HUBZone) Program
Service-Disabled Veteran-Owned Small Business (SDVOSB) Program
Women-Owned Small Business (WOSB) Program

24. What’s the Same?
The contracting officer must comply with the public display and synopsis requirements unless an exception applies.
The CO must comply with the requirement to post a brand name justification or documentation.

25. Final notes
COs like FAR 13.5 because it give them more flexibility for acquiring non-complex, non-technical commercial items and services between $150K and $7M
FAR 13.5 allows the process to be completed more quickly and efficiently
Offerors can also benefit from the faster process by having fewer resources tied up for long periods between RFP and award
Using FAR 13.5 does NOT relieve the CO from the requirements for competition, small business set-asides, or posting of brand name justifications.

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11/5/2015