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Guest Vern Edwards
On 5/2/2018 at 4:58 AM, Constricting Officer said:

Both FAR 13.106-2(b)(4) (i) & (ii) state "lowest price." The customer may say they want a John Deere, but what contracting says (concerning CICA) is we want a mower that includes x, y and z.

 

On 5/2/2018 at 5:21 AM, FrankJon said:

CICA doesn't apply to SAP. FAR 6 implements CICA requirements. 6.001 excludes FAR 13 from applicability. 

 

4 hours ago, Jamaal Valentine said:

Since this is a beginners forum I think it is worthwhile to clarify that this statement is not exactly true.

CICA--10 U.S.C. 2304 and 41 U.S.C. 253 [3301]--applies to FAR Part 13 (SAP), but provides exceptions that only require the head of an agency to promote competition to the maximum extent practicable. (41 U.S.C. 1901, and 3305; and 10 U.S.C. 2302b)

Well, since this is a beginner's forum, let's get it right.

First, the Competition in Contracting Act (CICA), as amended, covers more than just competition requirements and is codified in more than one section of the United States Code, not just 10 U.S.C § 2304, Contracts: Competition requirements, and 41 U.S.C. § 3301 et seq. FAR Part 6 implements the competition rules in CICA, which is the issue in this thread. It also implements CICA requirements about competitive methods and competition advocates.

As for SAP, 10 U.S.C. § 2304(g) says:

Quote

(g)(1) In order to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for—

(A) special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and

(B) special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold but not greater than $5,000,000 with respect to which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial items.

(2) A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts in order to use the simplified procedures required by paragraph (1).

(3) In using simplified procedures, the head of an agency shall promote competition to the maximum extent practicable.

(4) The head of an agency shall comply with the Federal Acquisition Regulation provisions referred to in section 1901(e) of title 41.

41 U.S.C. § 3305 contains similar language.

The competition requirements of CICA are implemented by FAR Part 6, Competition Requirements. FAR 6.001, Applicability, paragraph (a), states:

Quote

This part applies to all acquisitions except—

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

So none of the requirements of FAR Part 6 apply to simplified acquisitions, except in the case of acquisitions of commercial items valued in excess of the Simplified Acquisition Threshold, in which the requirements of 13.501 apply, which refer to certain documentation and approval requirements of Part 6.

And there you have it.

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1 hour ago, Vern Edwards said:

Well, since this is a beginner's forum, let's get it right.

Yes, thank you, let's. Some of us newer guys/gals need to learn how to answer questions effectively. We can't expect you and a select few others to teach forever.

Again, thank you.

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Guest Vern Edwards
35 minutes ago, Jamaal Valentine said:

We can't expect you and a select few others to teach forever.

I'm glad you said that, because it's true. We old ones are getting to that point.

The keys to giving an effective answer are:

  1. make sure you know that the question or issue is;
  2. be clear;
  3. be correct;
  4. be complete;
  5. be concise---cut to the chase; and
  6. provide citations in support.

Don't waste time on people who simple cannot think or communicate clearly, don't respond to inquiries promptly, ask a question that's been asked and answered a bunch of times already, or who are going on and on because they are enjoying being the momentary center of attention.

You don't have to be a curmudgeon, like me. But remember, a little curmudgeonism is good for beginners. It makes the promising ones alert and responsive and makes the useless ones go away. At least, that's what my first boss thought, the redoubtable C. Howard Kirk, instiller of fear in interns, the Wrath of God. Of course, I'm from a generation that responded to fear with improvement. When the boss told you to get the hell out of his office and stay out until you learned to research and think, you ran to the library, which is what he wanted and expected you to do. His subsequent praise was worth all the more. I got my very first cash award, as a GS-5, from Mr. Kirk. But his praise was what counted.

 

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