Subchapter B - Competition and Acquisition

Planning

Federal Acquisition Regulation

Federal Acquisition Regulation

Part 5 - Publicizing Contract Actions

5.000 Scope of part.

5.001 Definition.

5.002 Policy.

5.003 Governmentwide point of entry.

Subpart 5.1 - Dissemination of Information

5.101 Methods of disseminating information.

5.102 Availability of solicitations.

Subpart 5.2 - Synopses of Proposed Contract Actions

5.201 General.

5.202 Exceptions.

5.203 Publicizing and response time.

5.204 Presolicitation notices.

5.205 Special situations.

5.206 Notices of subcontracting opportunities.

5.207 Preparation and transmittal of synopses.

Subpart 5.3 - Synopses of Contract Awards

5.301 General.

5.302 Preparation and transmittal of synopses of awards.

5.303 Announcement of contract awards.

Subpart 5.4 - Release of Information

5.401 General.

5.402 General public.

5.403 Requests from Members of Congress.

5.404 Release of long-range acquisition estimates.

5.404-1 Release procedures.

5.404-2 Announcements of long-range acquisition estimates.

5.405 Exchange of acquisition information.

5.406 Public disclosure of justification documents for certain contract

actions.

Subpart 5.5 - Paid Advertisements

5.501 Definitions.

5.502 Authority.

5.503 Procedures.

5.504 Use of advertising agencies.

Subpart 5.6 - Publicizing Multi-Agency Use Contracts

5.601 Governmentwide database of contracts.

Subpart 5.7 - Publicizing Requirements Under the American Recovery and

Reinvestment Act of 2009

5.701 Scope.

5.702 Applicability.

5.703 Definition.
5.704 Publicizing preaward.

5.705 Publicizing postaward.

Part 6 - Competition Requirements

6.000 Scope of part.

6.001 Applicability.

6.002 Limitations.

6.003 [Reserved]

Subpart 6.1 - Full and Open Competition

6.100 Scope of subpart.

6.101 Policy.

6.102 Use of competitive procedures.

Subpart 6.2 - Full and Open Competition After Exclusion of Sources

6.200 Scope of subpart.

6.201 Policy.

6.202 Establishing or maintaining alternative sources.

6.203 Set-asides for small business concerns.

6.204 Section 8(a) competition.

6.205 Set-asides for HUBZone small business concerns.

6.206 Set-asides for service-disabled veteran-owned small business

(SDVOSB) concerns eligible under the SDVOSB Program.

6.207 Set-asides for economically disadvantaged women-owned small

business (EDWOSB) concerns or women-owned small business (WOSB)

concerns eligible under the WOSB Program.

6.208 Set-asides for local firms during a major disaster or emergency.

Subpart 6.3 - Other Than Full and Open Competition

6.300 Scope of subpart.

6.301 Policy.

6.302 Circumstances permitting other than full and open competition.

6.302-1 Only one responsible source and no other supplies or services

will satisfy agency requirements.

6.302-2 Unusual and compelling urgency.

6.302-3 Industrial mobilization; engineering, developmental, or

research capability; or expert services.

6.302-4 International agreement.

6.302-5 Authorized or required by statute.

6.302-6 National security.

6.302-7 Public interest.

6.303 Justifications.

6.303-1 Requirements.

6.303-2 Content.

6.304 Approval of the justification.

6.305 Availability of the justification.

Subpart 6.4 - Sealed Bidding and Competitive Proposals

6.401 Sealed bidding and competitive proposals.

Subpart 6.5 - Advocates for Competition

6.501 Requirement.

6.502 Duties and responsibilities.

Part 7 - Acquisition Planning

7.000 Scope of part.

Subpart 7.1 - Acquisition Plans

7.101 Definitions.
7.102 Policy.

7.103 Agency-head responsibilities.

7.104 General procedures.

7.105 Contents of written acquisition plans.

7.106 Additional requirements for major systems.

7.107 Additional requirements for acquisitions involving consolidation,

bundling, or substantial bundling.

7.107-1 General.

7.107-2 Consolidation.

7.107-3 Bundling.

7.107-4 Substantial bundling.

7.107-5 Notifications.

7.107-6 Solicitation provision.

7.108 Additional requirements for telecommuting.

Subpart 7.2 - Planning for the Purchase of Supplies in Economic Quantities

7.200 Scope of subpart.

7.201 [Reserved]

7.202 Policy.

7.203 Solicitation provision.

7.204 Responsibilities of contracting officers.

Subpart 7.3 - Contractor Versus Government Performance

7.300 [Reserved]

7.301 Definitions.

7.302 Policy.

7.303 [Reserved]

7.304 [Reserved]

7.305 Solicitation provisions and contract clause.

Subpart 7.4 - Equipment Acquisition

7.400 Scope of subpart.

7.401 Acquisition considerations.

7.402 Acquisition methods.

7.403 General Services Administration assistance and OMB guidance.

7.404 Contract clause.

Subpart 7.5 - Inherently Governmental Functions

7.500 Scope of subpart.

7.501 [Reserved]

7.502 Applicability.

7.503 Policy.

Part 8 - Required Sources of Supplies and Services

8.000 Scope of part.

8.001 General.

8.002 Priorities for use of mandatory Government sources.

8.003 Use of other mandatory sources.

8.004 Use of other sources.

8.005 Contract clause.

Subpart 8.1 - Excess Personal Property

8.101 [Reserved]

8.102 Policy.

8.103 Information on available excess personal property.

8.104 Obtaining nonreportable property.

Subpart 8.2 - [Reserved]
Subpart 8.3 - [Reserved]

Subpart 8.4 - Federal Supply Schedules

8.401 Definitions.

8.402 General.

8.403 Applicability.

8.404 Use of Federal Supply Schedules.

8.405 Ordering procedures for Federal Supply Schedules.

8.405-1 Ordering procedures for supplies, and services not requiring a

statement of work.

8.405-2 Ordering procedures for services requiring a statement of

work.

8.405-3 Blanket purchase agreements (BPAs).

8.405-4 Price reductions.

8.405-5 Small business.

8.405-6 Limiting sources.

8.405-7 Payment.

8.406 Ordering activity responsibilities.

8.406-1 Order placement.

8.406-2 Inspection and acceptance.

8.406-3 Remedies for nonconformance.

8.406-4 Termination for cause.

8.406-5 Termination for the Government’s convenience.

8.406-6 Disputes.

8.406-7 Contractor Performance Evaluation.

Subpart 8.5 - [Reserved]

Subpart 8.6 - Acquisition from Federal Prison Industries, Inc.

8.601 General.

8.602 Policy.

8.603 Purchase priorities.

8.604 Waivers.

8.605 Exceptions.

8.606 Evaluating FPI performance.

8.607 Performance as a subcontractor.

8.608 Protection of classified and sensitive information.

Subpart 8.7 - Acquisition from Nonprofit Agencies Employing People Who Are

Blind or Severely Disabled

8.700 Scope of subpart.

8.701 Definitions.

8.702 General.

8.703 Procurement List.

8.704 Purchase priorities.

8.705 Procedures.

8.705-1 General.

8.705-2 Direct-order process.

8.705-3 Allocation process.

8.705-4 Compliance with orders.

8.706 Purchase exceptions.

8.707 Prices.

8.708 Shipping.

8.709 Payments.

8.710 Quality of merchandise.
8.711 Quality complaints.

8.712 Specification changes.

8.713 Optional acquisition of supplies and services.

8.714 Communications with the central nonprofit agencies and the

Committee.

8.715 Replacement commodities.

8.716 Change-of-name and successor in interest procedures.

Subpart 8.8 - Acquisition of Printing and Related Supplies

8.800 Scope of subpart.

8.801 Definitions.

8.802 Policy.

Subpart 8.9 - [Reserved]

Subpart 8.10 - [Reserved]

Subpart 8.11 - Leasing of Motor Vehicles

8.1100 Scope of subpart.

8.1101 Definitions.

8.1102 Presolicitation requirements.

8.1103 Contract requirements.

8.1104 Contract clauses.

Part 9 - Contractor Qualifications

9.000 Scope of part.

Subpart 9.1 - Responsible Prospective Contractors

9.100 Scope of subpart.

9.101 Definitions.

9.102 Applicability.

9.103 Policy.

9.104 Standards.

9.104-1 General standards.

9.104-2 Special standards.

9.104-3 Application of standards.

9.104-4 Subcontractor responsibility.

9.104-5 Representation and certifications regarding responsibility

matters.

9.104-6 Federal Awardee Performance and Integrity Information

System.

9.104-7 Solicitation provisions and contract clauses.

9.105 Procedures.

9.105-1 Obtaining information.

9.105-2 Determinations and documentation.

9.105-3 Disclosure of preaward information.

9.106 Preaward surveys.

9.106-1 Conditions for preaward surveys.

9.106-2 Requests for preaward surveys.

9.106-3 Interagency preaward surveys.

9.106-4 Reports.

9.107 Surveys of nonprofit agencies participating in the AbilityOne Program.

9.108 Prohibition on contracting with inverted domestic corporations.

9.108-1 Definitions.

9.108-2 Prohibition.

9.108-3 Representation by the offeror.

9.108-4 Waiver.
9.108-5 Solicitation provision and contract clause.

9.109 Prohibition on contracting with an entity involved in activities that

violate arms control treaties or agreements with the United States.

9.109-1 Authority.

9.109-2 Prohibition.

9.109-3 Exception.

9.109-4 Certification by the offeror.

9.109-5 Solicitation provision.

9.110 Reserve Officer Training Corps and military recruiting on campus.

9.110-1 Definitions.

9.110-2 Authority

9.110-3 Policy.

9.110-4 Procedures.

9.110-5 Contract clause.

Subpart 9.2 - Qualifications Requirements

9.200 Scope of subpart.

9.201 Definitions.

9.202 Policy.

9.203 QPL’s, QML’s, and QBL’s.

9.204 Responsibilities for establishment of a qualification requirement.

9.205 Opportunity for qualification before award.

9.206 Acquisitions subject to qualification requirements.

9.206-1 General.

9.206-2 Contract clause.

9.206-3 Competition.

9.207 Changes in status regarding qualification requirements.

Subpart 9.3 - First Article Testing and Approval

9.301 Definition.

9.302 General.

9.303 Use.

9.304 Exceptions.

9.305 Risk.

9.306 Solicitation requirements.

9.307 Government administration procedures.

9.308 Contract clauses.

9.308-1 Testing performed by the contractor.

9.308-2 Testing performed by the Government.

Subpart 9.4 - Debarment, Suspension, and Ineligibility

9.400 Scope of subpart.

9.401 Applicability.

9.402 Policy.

9.403 Definitions.

9.404 Exclusions in the System for Award Management.

9.405 Effect of listing.

9.405-1 Continuation of current contracts.

9.405-2 Restrictions on subcontracting.

9.406 Debarment.

9.406-1 General.

9.406-2 Causes for debarment.

9.406-3 Procedures.

9.406-4 Period of debarment.
9.406-5 Scope of debarment.

9.407 Suspension.

9.407-1 General.

9.407-2 Causes for suspension.

9.407-3 Procedures.

9.407-4 Period of suspension.

9.407-5 Scope of suspension.

9.408 [Reserved]

9.409 Contract clause.

Subpart 9.5 - Organizational and Consultant Conflicts of Interest

9.500 Scope of subpart.

9.501 Definition.

9.502 Applicability.

9.503 Waiver.

9.504 Contracting officer responsibilities.

9.505 General rules.

9.505-1 Providing systems engineering and technical direction.

9.505-2 Preparing specifications or work statements.

9.505-3 Providing evaluation services.

9.505-4 Obtaining access to proprietary information.

9.506 Procedures.

9.507 Solicitation provisions and contract clause.

9.507-1 Solicitation provisions.

9.507-2 Contract clause.

9.508 Examples.

Subpart 9.6 - Contractor Team Arrangements

9.601 Definition.

9.602 General.

9.603 Policy.

9.604 Limitations.

Subpart 9.7 - Defense Production Pools and Research and Development Pools

9.701 Definition.

9.702 Contracting with pools.

9.703 Contracting with individual pool members.

Part 10 - Market Research

10.000 Scope of part.

10.001 Policy.

10.002 Procedures.

10.003 Contract clause.

Part 11 - Describing Agency Needs

11.000 Scope of part.

11.001 Definitions.

11.002 Policy.

Subpart 11.1 - Selecting and Developing Requirements Documents

11.101 Order of precedence for requirements documents.

11.102 Standardization program.

11.103 Market acceptance.

11.104 Use of brand name or equal purchase descriptions.

11.105 Items peculiar to one manufacturer.

11.106 Purchase descriptions for service contracts.

11.107 Solicitation provision.
Subpart 11.2 - Using and Maintaining Requirements Documents

11.201 Identification and availability of specifications.

11.202 Maintenance of standardization documents.

11.203 Customer satisfaction.

11.204 Solicitation provisions.

Subpart 11.3 - Acceptable Material

11.301 Definitions.

11.302 Policy.

11.303 Special requirements for paper.

11.304 Contract clause.

Subpart 11.4 - Delivery or Performance Schedules

11.401 General.

11.402 Factors to consider in establishing schedules.

11.403 Supplies or services.

11.404 Contract clauses.

Subpart 11.5 - Liquidated Damages

11.500 Scope.

11.501 Policy.

11.502 Procedures.

11.503 Contract clauses.

Subpart 11.6 - Priorities and Allocations

11.600 Scope of subpart.

11.601 Definitions.

11.602 General.

11.603 Procedures.

11.604 Solicitation provision and contract clause.

Subpart 11.7 - Variation in Quantity

11.701 Supply contracts.

11.702 Construction contracts.

11.703 Contract clauses.

Subpart 11.8 - Testing

11.801 Preaward in-use evaluation.

Part 12 - Acquisition of Commercial Products and Commercial Services

12.000 Scope of part.

12.001 Definition.

Subpart 12.1 - Acquisition of Commercial Products and Commercial Services

12.101 Policy.

12.102 Applicability.

12.103 Commercially available off-the-shelf (COTS) items.

Subpart 12.2 - Special Requirements for the Acquisition of Commercial Products

and Commercial Services

12.201 General.

12.202 Market research and description of agency need.

12.203 Procedures for solicitation, evaluation, and award.

12.204 Solicitation/contract form.

12.205 Offers.

12.206 Use of past performance.

12.207 Contract type.

12.208 Contract quality assurance.

12.209 Determination of price reasonableness.

12.210 Contract financing.
12.211 Technical data.

12.212 Computer software.

12.213 Other commercial practices.

12.214 Cost Accounting Standards.

12.215 Notification of overpayment.

12.216 Unenforceability of unauthorized obligations.

Subpart 12.3 - Solicitation Provisions and Contract Clauses for the Acquisition of

Commercial Products and Commercial Services

12.300 Scope of subpart.

12.301 Solicitation provisions and contract clauses for the acquisition of

commercial products and commercial services.

12.302 Tailoring of provisions and clauses for the acquisition of commercial

products and commercial services.

12.303 Contract format.

Subpart 12.4 - Unique Requirements Regarding Terms and Conditions for

Commercial Products and Commercial Services

12.401 General.

12.402 Acceptance.

12.403 Termination.

12.404 Warranties.

Subpart 12.5 - Applicability of Certain Laws to the Acquisition of Commercial

Products, Commercial Services and Commercially Available Off-the-Shelf Items

12.500 Scope of subpart.

12.501 Applicability.

12.502 Procedures.

12.503 Applicability of certain laws to Executive agency contracts for the

acquisition of commercial products and commercial services.

12.504 Applicability of certain laws to subcontracts for the acquisition of

commercial products and commercial services.

12.505 Applicability of certain laws to contracts for the acquisition of COTS

items.

Subpart 12.6 - Streamlined Procedures for Evaluation and Solicitation for

Commercial Products and Commercial Services

12.601 General.

12.602 Streamlined evaluation of offers.

12.603 Streamlined solicitation for commercial products or commercial

services.