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Hex44

13.501(a) -- Authority and Usage

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Following previous discussion on subject, which was before FAR 13.5 test program became “permanent”.

  

FAR 11.105(a)(2) seems to confirm there is a distinction between Part 6.302 and Part 13.501, and that when using Part 13 >SAT 6.302 doesn't apply; the subtle difference is that 11.05 is specific to items of one manufacturer; whereas how I read 13.501 I could be awarding sole source, but the reason could be it was unusual and compelling. i.e., unusual and compelling for simplified acquisitions >SAT would fall under the sole source authority of 13.501(a), same if public interest, or any of the exceptions in Part 6 (though -6 authority would be probably be 41 U.S.C. 1903).

 

Question:  If I am using Part 13 procedures over SAT and not competing to the maximum extent practicable, 1901 or 1903 as stated in 13.501(a)(1)(ii) would be the authority,  regardless of the reason, Correct?

 

Reference:  U.S.C. Title 41 3305(d) & (e) takes me to 1901(e).  This seems to be the authority… it further directs to 3304(e) but that is merely stating a justification needs to be accomplished, and the level of approval.

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My view is that the authority to state is FAR subpart 13.500 regardless of the reason.  Noting that your sole source justification would also state that your use of SAP for the need is in accordance with 41 USC 1901 (it’s a commercial item and does not exceed $7 million)  or the authority of 41 USC 1903 for a “special emergency” wherein you are using the higher threshold ($13.5 million) allowed. 

I will say  that you should consult your agency supplement to the FAR as well as any agency policy as one or both may provide you with a more explicit way that the justification and authorities should be stated.

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