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FAR 13.106-1(b):  Soliciting from a single source

Comptroller General - Key Excerpts

Under the Federal Acquisition Streamlining Act of 1994 (FASA), simplified acquisitions--used to purchase supplies and services, including construction, research and development, and commercial items, the aggregate amount of which does not exceed certain dollar thresholds (FAR sections 2.101, 13.000, 13.003(a))--are excepted from the general requirement that agencies obtain full and open competition through the use of competitive procedures when conducting procurements. See 41 U.S.C. sections 253(a)(1)(A), (g)(1), and (g)(4) (2000). Part 13 of the FAR establishes procedures for simplified acquisitions, which are designed to promote efficiency and economy in contracting, and to avoid unnecessary burdens for agencies and contractors. To facilitate these objectives, FASA only requires that agencies obtain competition to the maximum extent practicable. 41 U.S.C. sect. 427(c); FAR sect. 13.104; Information Ventures, Inc., B-293541, Apr. 9, 2004, 2004 CPD para. 81 at 3. Under the maximum-extent-practicable standard, an agency “may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source is reasonably available (e.g., urgency, exclusive licensing agreements, or industrial mobilization).” FAR sect. 13.106-1(b)(1). We review protests of sole-source determinations made in these procurements for reasonableness. Information Ventures, Inc., supra. The agency has not demonstrated that it had a reasonable basis to make a sole‑source award here. Essentially, the agency states that it acted in “good faith” based on the best information available at the time. This is not a legitimate defense to this protest. Our review is based on whether the agency’s sole-source decision was reasonable based on the information reasonably available to the agency at the time of the sole-source decision, not whether the agency acted in good faith. See Ultraviolet Purification Sys. Inc., B-226941, Sept. 10, 1987, 87-2 CPD para. 229 at 3-4. (Europe Displays, Inc., B-297099, December 5, 2005) (pdf)

Comptroller General - Listing of Decisions

For the Government For the Protester
Information Ventures, Inc., B-290785, August 26, 2002 Europe Displays, Inc., B-297099, December 5, 2005 (pdf)
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