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Hi Jamal,  

Thanks for your response.  I've read these sections, and while it says Micro-Purchases maybe awarded without soliciting competitive quotations it doesn't explicitly waive the requirements in 11.105......I guess unless because 13.2 says "Micro-purchases may be awarded without competitive bid" waives the requirement......struggling here

 

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Look at what FAR 11.105 is implementing and any exceptions. (see FAR 11.002(a) and FAR 11.105(a)(2))

We know FAR 11.105(a)(2)(i) does not apply based on FAR 6.001. That leaves FAR 13.106-1(b) and 13.501. A quick read of FAR 13.501 shows it is not applicable. This leaves us with FAR 13.106-1(b). 

FAR 13.106-1(b)(1)(i) has a documentation requirement, for acquisitions that do not exceed the SAT, but I infer FAR 13.106 does not place a brand-name justification requirement on FAR Subpart 13.2, Actions at or Below the Micro-Purchase Threshold.

Note, FAR 13.203 purchase guidelines cover solicitation, evaluation of quotations, and award of micro-purchases. FAR 13.106 covers these same topics, in my opinion, for actions above the micro-purchase threshold.

Perhaps someone else has a clearer answer or can correct me.

 

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Guest PepeTheFrog

How about this:

In the contract file, include a concise, written "determination" (not a full "determination and findings" AKA D&F) for your decision. This method satisfies FAR 13.106-1(b)(1)(i), 13.106-3(b)(3)(i), and 13.203(b). It also satisfies FAR 13.106-3(b)'s direction to "keep documentation to a minimum," and will cost you sixty seconds of your time.

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Pepe:

That's probably sound advice.

I do not process micro-purchases because in the Air Force, cases where the card is not used to buy or pay for a micro-purchase, a written determination by a Senior Executive Service, flag or general officer is required prior to accomplishing the purchase action. (Delegable to no lower than the senior military or civilian official at the Activity.)

Cardholders are informed that purchases under the micro-purchase threshold are exempt from the Competition in Contracting Act, Buy American Act, Economy Act, Service Contract Act, and the Small Business Set-Aside Program. (AFI 64-117)

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The requirement for Brand Name Justifications is governed by the Competition in Contracting Act (CICA) and FAR Part 6, not FAR 11.105.  Since FAR Part 6 covers Brand Name Justifications under FAR 6.302-1( c ), refer to FAR 6.001 which states:

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This part applies to all acquisitions except --

(a) Contracts awarded using the simplified acquisitions procedures of Part 13 (but see 13.501 for requirements pertaining to sole source acquisitions of commercial items under Subpart 13.5).

Micro-purchases are a Simplified Acquisition Procedure under FAR Subpart 13.2, therefore they are exempt from FAR Part 6 requirements which include Brand Name Justifications.

Furthermore, the brand name documentation requirement anoncon is likely referring to is cited under FAR 13.106-1(b)(1)(i); however, that only applies when soliciting competition and FAR 13.203(a)(2) can exempt micro-purchases from solicitation procedures:

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Micro-purchases may be awarded without soliciting competitive quotations if the contracting officer or individual appointed in accordance with 1.603-3(b) considers the price to be reasonable.

Finally, FAR 11.105 deals with how agency requirements are written...if one is not writing a solicitation it would, therefore, not be applicable (though I'd further argue that the guidance to not preclude consideration of a product manufactured by another company unless "the particular brand name, product or feature is essential to the Government's requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs" is sound advice regardless of the method of procurement). 

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