Subpart 13.2 - Actions At or Below the MicroPurchase Threshold

Parent topic: Part 13 - Simplified Acquisition Procedures

13.201 General.

(a) Agency heads are encouraged to delegate micro-purchase authority (see 1.603-3).

(b) The Governmentwide commercial purchase card shall be the preferred method to purchase and

to pay for micro-purchases (see 2.101).

(c) Purchases at or below the micro-purchase threshold may be conducted using any of the methods

described in subpart 13.3, provided the purchaser is authorized and trained, pursuant to agency

procedures, to use those methods.

(d) Micro-purchases do not require provisions or clauses, except as provided at 13.202 and 32.1110.

This paragraph takes precedence over any other FAR requirement to the contrary, but does not

prohibit the use of any clause.

(e) The requirements in part 8 apply to purchases at or below the micro-purchase threshold.

(f) The procurement requirements in subparts 23.1, 23.2, 23.4, and 23.7 apply to purchases at or

below the micro-purchase threshold.

(g)

(1) For acquisitions of supplies or services that, as determined by the head of the agency, are to be

used to support a contingency operation; to facilitate defense against or recovery from cyber,

nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State

or the Administrator of the United States Agency for International Development to facilitate

provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq; or to support

response to an emergency or major disaster (42 U.S.C. 5122), the micro-purchase threshold is—

(i) $20,000 in the case of any contract to be awarded and performed, or purchase to be made, inside

the United States; and

(ii) $35,000 in the case of any contract to be awarded and performed, or purchase to be made,

outside the United States.

(2) Purchases using this authority must have a clear and direct relationship to the support of a

contingency operation; or the defense against or recovery from cyber, nuclear, biological, chemical,

or radiological attack; international disaster assistance; or an emergency or major disaster.

(h) When using the Governmentwide commercial purchase card as a method of payment, purchases

at or below the micro-purchase threshold are exempt from verification in the System for Award

Management as to whether the contractor has a delinquent debt subject to collection under the

Treasury Offset Program (TOP).
(i) Do not purchase any hardware, software, or services developed or provided by Kaspersky Lab

that the Government will use on or after October 1, 2018. (See 4.2002).

(j)

(1) On or after August 13, 2019, do not procure or obtain, or extend or renew a contract to procure

or obtain, any equipment, system, or service that uses covered telecommunications equipment or

services as a substantial or essential component of any system, or as critical technology as part of

any system, unless an exception applies or a waiver is granted. (See subpart 4.21.)

(2) On or after August 13, 2020, agencies are prohibited from entering into a contract, or extending

or renewing a contract, with an entity that uses any equipment, system, or service that uses covered

telecommunications equipment or services as a substantial or essential component of any system, or

as critical technology as part of any system, unless an exception applies or a waiver is granted (see

subpart 4.21). This prohibition applies to the use of covered telecommunications equipment or

services, regardless of whether that use is in performance of work under a Federal contract.

(k) The prohibition in subpart 4.22 on use of a covered application (“TikTok”) applies to purchases

at or below the micro-purchase threshold where the performance of the contract may require the

presence or use of a covered application, (e.g., where social media advertising services might be

part of the procurement), unless an exception is granted in accordance with Office of Management

and Budget Memorandum M-23-13 (see 4.2202).

(l) Do not procure or obtain, or extend or renew a contract to procure or obtain, any covered article,

or any products or services produced or provided by a source, including contractor use of covered

articles or sources, if prohibited from doing so by an applicable Federal Acquisition Supply Chain

Security Act (FASCSA) order issued by the Director of National Intelligence, Secretary of Defense,

or Secretary of Homeland Security (see 4.2303).

13.202 Unenforceability of unauthorized obligations in

micro-purchases.

Many supplies or services are acquired subject to supplier license agreements. These are

particularly common in information technology acquisitions, but they may apply to any supply or

service. For example, computer software and services delivered through the internet (web services)

are often subject to license agreements, referred to as End User License Agreements (EULA), Terms

of Service (TOS), or other similar legal instruments or agreements. Many of these agreements

contain indemnification clauses that are inconsistent with Federal law and unenforceable, but which

could create a violation of the Anti-Deficiency Act (31 U.S.C. 1341) if agreed to by the Government.

The clause at 52.232-39, Unenforceability of Unauthorized Obligations, automatically applies to any

micro-purchase, including those made with the Governmentwide purchase card. This clause

prevents such violations of the Anti-Deficiency Act (31 U.S.C. 1341).

13.203 Purchase guidelines.

(a) Solicitation, evaluation of quotations, and award.
(1) To the extent practicable, micro-purchases shall be distributed equitably among qualified

suppliers.

(2) Micro-purchases may be awarded without soliciting competitive quotations if the contracting

officer or individual appointed in accordance with 1.603-3(b) considers the price to be reasonable.

(3) The administrative cost of verifying the reasonableness of the price for purchases may more than

offset potential savings from detecting instances of overpricing. Therefore, action to verify price

reasonableness need only be taken if-

(i) The contracting officer or individual appointed in accordance with 1.603-3(b) suspects or has

information to indicate that the price may not be reasonable (e.g., comparison to the previous price

paid or personal knowledge of the supply or service); or

(ii) Purchasing a supply or service for which no comparable pricing information is readily available

(e.g.,a supply or service that is not the same as, or is not similar to, other supplies or services that

have recently been purchased on a competitive basis).

(b) Documentation. If competitive quotations were solicited and award was made to other than the

low quoter, documentation to support the purchase may be limited to identification of the solicited

concerns and an explanation for the award decision.