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Hello all,

Can someone assist with explaining the application of soliciting from a single source pursuant to 13.106-1 (b) vs. sole source acquisition pursuant to 13.501 (a) ? 

Specifically, what does "soliciting from a single source" entail?  How can one comply with posting requirements if only soliciting from one source pursuant to 13.106-1 (b)? 

Mainly, I am trying to understand the difference between the two authorities. 

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FAR 13.106-1(b) describes the documentation requirements for a sole-source acquisition when using simplified acquisition procedures up to the simplified acquisition threshold.  Follow these procedures when doing a sole-source acquisition when using simplified acquisition procedures up to the simplified acquisition threshold.

FAR 13.501(a) describes the documentation requirements for a sole-source acquisition when using simplified acquisition procedures for commercial items greater than the SAT and up to $7 Million (or $13 Million for acquisitions described in 13.500(c)).  Follow these procedures when doing a sole-source acquisition when using simplified acquisition procedures for commercial items greater than the SAT and up to $7 Million (or $13 Million for acquisitions described in 13.500(c)).  See also FAR 13.106-1(b)(2).

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ji20874,

Thanks for the response and for sake of my understanding...

Consider a 25k purchase of commercial items in which we are planning a single/sole source (the manufacturer of the item is the exclusive provider). 13.106-1 (b) (1) states that I have determined one source reasonably available (in this case because of patent rights). My next step is to prepare a justification stating 13.106-1 (b) as the authority.  Following the justification  I would post a combined synopsis/solicitation (for any time frame I deem reasonable meeting conditions at 5.203(b)) which would include the synopsis requirements at 5.207 as well as the justification citing the authority as 13.106-1 (b).

Because 13.501 (a) documentation requirements do not apply I would simply post an award notice following award which would not have to include the justification. 

I do not see anywhere where a notice of intent would be required... Is this true? and Does my scenario make sense?

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If your proposed contract action is expected to be $25,000 exactly, then synopsis is not required.  See FAR 5.101(a)(1), where synopsis is required for actions expect to exceed $25,000.

If synopsis is required (for example, if the proposed contract action is expected to be $25,000.01 or more), then FAR 5.207(c)(15) asks you to identify the intended source for a noncompetitive (sole-source) action.  FAR 13.106-1(b)(3) sends you to 5.102(a)(6), which requires the solicitation posting to include the documentation for the brand-name item, if the reason for the sole source is brand-name -- if the reason for the sole-source is not brand-name, then you do not have to include the documentation.

 

 

 

 

 

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