Simplified Acquisition Procedures (SAP) (formerly
referred to as "Small Purchase") means using the methods prescribed in
Part 13 of the
Federal Acquisition Regulations for the acquisition of
supplies and services, including construction, research and development,
and commercial items, the aggregate amount of which does not exceed the
simplified acquisition threshold. Generally the SAP threshold means
$100,000, however refer to FAR 13.5, Test Program for Certain Commercial
Items, which permits the acquisition of commercial supplies and services
up to $5,000,000 using SAP.
Far Subpart 13.5—Test Program for Certain Commercial Items
(a) This subpart authorizes, as a test program, use of simplified procedures
for the acquisition of supplies and services in amounts greater than the
simplified acquisition threshold but not exceeding $5.5 million ($11 million
for acquisitions as described in 13.500(e), including options, if the
contracting officer reasonably expects, based on the nature of the supplies
or services sought, and on market research, that offers will include only
commercial items. Under this test program, contracting officers may use any
simplified acquisition procedure in this part, subject to any specific
dollar limitation applicable to the particular procedure. The purpose of
this test program is to vest contracting officers with additional procedural
discretion and flexibility, so that commercial item acquisitions in this
dollar range may be solicited, offered, evaluated, and awarded in a
simplified manner that maximizes efficiency and economy and minimizes burden
and administrative costs for both the Government and industry (10 U.S.C.
2304(g) and 2305 and 41 U.S.C. 253(g) and 253a and 253b).
(b) For the period of this test, contracting activities must employ the
simplified procedures authorized by the test to the maximum extent
(c) When acquiring commercial items using the procedures in this part, the
requirements of Part 12 apply subject to the order of precedence provided at
12.102(c). This includes use of the provisions and clauses in Subpart 12.3.
(d) The authority to issue solicitations under this subpart expires on
January 1, 2012. Contracting officers may award contracts after the
expiration of this authority for solicitations issued before the expiration
of the authority.
(e) Under 41 U.S.C. 428a, the simplified acquisition procedures authorized
by this test program may be used for acquisitions that do not exceed $11
(1) The acquisition is for commercial items that, as determined by the head
of the agency, are to be used in support of a contingency operation or to
facilitate the defense against or recovery from nuclear, biological,
chemical, or radiological attack; or
(2) The acquisition will be treated as an acquisition of commercial items in
accordance with 12.102(f)(1).
13.501 Special documentation requirements.
(a) Sole source (including brand name) acquisitions.
(1) Acquisitions conducted under simplified acquisition procedures are
exempt from the requirements in Part 6. However, contracting officers must—
(i) Conduct sole source acquisitions, as defined in 2.101, (including brand
name) under this subpart only if the need to do so is justified in writing
and approved at the levels specified in paragraph (a)(2) of this section;
(ii) Prepare sole source (including brand name) justifications using the
format at 6.303-2, modified to reflect an acquisition under the authority of
the test program for commercial items (section 4202 of the Clinger-Cohen Act
of 1996) or the authority of the Services Acquisition Reform Act of 2003 (41
(iii) Make publicly available the justifications (excluding brand name)
required by 6.305(a) within 14 days after contract award or in the case of
unusual and compelling urgency within 30 days after contract award, in
accordance with 6.305 procedures at paragraphs (b), (d), (e), and (f); and
(iv) Make publicly available brand name justifications with the
solicitation, in accordance with 5.102(a)(6).
(2) Justifications and approvals are required under this subpart only for
sole source (including brand name) acquisitions.
(i) For a proposed contract exceeding $100,000, but not exceeding $550,000,
the contracting officer’s certification that the justification is accurate
and complete to the best of the contracting officer’s knowledge and belief
will serve as approval, unless a higher approval level is established in
accordance with agency procedures.
(ii) For a proposed contract exceeding $550,000, but not exceeding $11.5
million, the competition advocate for the procuring activity, designated
pursuant to 6.501; or an official described in 6.304(a)(3) or (a)(4) must
approve the justification and approval. This authority is not delegable.
(iii) For a proposed contract exceeding $11.5 million but not exceeding $57
million or, for DoD, NASA, and the Coast Guard, not exceeding $78.5 million,
the head of the procuring activity or the official described in 6.304(a)(3)
or (a)(4) must approve the justification and approval. This authority is not
(iv) For a proposed contract exceeding $57 million or, for DoD, NASA, and
the Coast Guard, $78.5 million, the official described in 6.304(a)(4) must
approve the justification and approval. This authority is not delegable
except as provided in 6.304(a)(4).
(b) Contract file documentation. The contract file must include—
(1) A brief written description of the procedures used in awarding the
contract, including the fact that the test procedures in FAR Subpart 13.5
(2) The number of offers received;
(3) An explanation, tailored to the size and complexity of the acquisition,
of the basis for the contract award de