CANCELLED BY PIC 09-05
08-01
Procurement
Information Circular
February 11, 2008
CLASS DEVIATION TO
EXTEND THE TEST PROGRAM FOR CERTAIN COMMERCIAL ITEMS AT FAR 13.5
PURPOSE: To provide a class deviation that temporarily extends the Test Program for Certain Commercial Items, pending implementation of a revised expiration date in the Federal Acquisition Regulation.
BACKGROUND: FAR 13.500(d) provides an expiration date of January 1, 2008, for the authority to issue solicitations under Subpart 13.5. As a result of the enactment of the Fiscal Year 2008 National Defense Authorization Act, the expiration date for the test program has been extended to January 1, 2010. A FAR case has been opened to effect a permanent change to FAR 13.500(d).
GUIDANCE: This deviation authorizes contacting officers to continue processing solicitations and contracts under FAR Subpart 13.5 until implementation of FAR language which sets the expiration date for the test program at January 1, 2010.
EFFECTIVE DATE: This PIC is effective as dated and shall remain in effect until implemented in FAR, or otherwise rescinded.
HEADQUARTERS CONTACT: Leigh Pomponio, Contract Management Division, (202) 358-0592, e-mail: leigh.pomponio-1@nasa.gov.
/s/
William P. McNally
Assistant Administrator for Procurement
Enclosure
DISTRIBUTION:
PIC LIST
ENCLOSURE
13.500 General.
(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 practicable.
(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, 2008 2010. 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 million when—
(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).