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FEDERAL ACQUISITION CIRCULAR October 26, 2018 Number 2005-101 Effective October 26, 2018 Loose-leaf pages Federal Acquisition Circular (FAC) 2005-101 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration. Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 2005-101 is effective October 26, 2018.

FEDERAL ACQUISITION CIRCULAR · FEDERAL ACQUISITION CIRCULAR . October 26, 2018 Number 2005-101 . Effective October 26, 2018 . Loose-leaf pages . Federal Acquisition Circular (FAC2005-101

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  • FEDERAL ACQUISITION CIRCULAR October 26, 2018 Number 2005-101

    Effective October 26, 2018 Loose-leaf pages

    Federal Acquisition Circular (FAC) 2005-101 is issued

    under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration. Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 2005-101 is effective October 26, 2018.

  • (BLANK PAGE)

    ii

  • FAC 2005-101 List of Subjects

    Item Title Page

    I System for Award Management Registration (FAR Case 2015-005)

    v

    II One Dollar Coins (FAR Case 2018-009) v

    iii

  • (BLANK PAGE)

    iv

  • FAC 2005-101 SUMMARY OF ITEMS

    Federal Acquisition Circular (FAC) 2005-101 amends the Federal Acquisition Regulation (FAR) as specified below:

    Item I— System for Award Management Registration (FAR Case 2015-005)

    This final rule updates the instructions for registration in the System for Award Management (SAM) and corrects an inconsistency involving the timing of registration. In order to correct this inconsistency, the final rule amends FAR 4.1102, 4.1103, and 52.204-7 to require (with some exceptions) offeror registration in SAM prior to submission of an offer.

    In addition, the rule requires contracting officers to use the name and physical address from the contractor’s SAM registration for the provided “unique entity identifier”; removes the term “division name” from the FAR text at FAR 4.1102 and clause 52.204-13; and changes the referenced website “acquisition.gov” to “sam.gov” to be consistent with the rest of the FAR. It is not anticipated that the rule will have a significant economic impact on small entities, because the rule only clarifies that offerors must be registered in SAM prior to submission of an offer, which is already necessary in order to submit the required annual representations and certifications with the offer.

    Replacement pages: 1.1-3 and 1.1-4; 2.1-13 and 2.1-14; 4.6-1 and 4.6-2; 4.11-1 and 4.11-2; 4.12-1 and 4.12-2; 7.1-1 thru 7.1-6; 8.4-1 and 8.4-2; 9.1-7 and 9.1-8; 9.4-1 thru 9.4-10; 12.3-1 thru 12.3-4; 13.1-3 thru 13.1-6; 13.2-1 and 13.2-2; 16.5-5 and 16.5-6; 17.2-1 and 17.2-2; 18.1-1 thru 18.1-4; 19.3-09 and 19.3-10; 19.7-3 and 19.7-4; 22.10-13 and 22.10-14; 23.8-1 and 23.8-2; 25.7-3 and 25.7-4; 26.2-1 and 26.2-2; 28.2-3 thru 28.2-6; 32.11-1 and 32.11-2; 44.2-1 thru 44.2-4; 52.2-11 thru 5.2-12.12; 52.2-2-20.1 and 52.2-20.2; 52.2-27 thru 52.2-42.6; 52.2-93 thru 52.2-96?; 52.2-229 and 52.2-230; 52.2-261 and 52.2-262.

    Item II— One Dollar Coins (FAR Case 2018-009)

    This final rule amends the FAR to implement section 885 of the National Defense Authorization Act for Fiscal Year 2018 (Publ. L. 115-91). Section 885 amends 31 U.S.C. 5112(p) to

    v

  • provide an exception for business operations conducted by an entity under a Government contract from the requirements to accept and dispense $1 coins.

    Contracting officers will no longer have to insert FAR clause 52.237-11, Accepting and Dispensing of $1 Coin, into solicitations and contracts.

    Contractors providing services under Government contracts that involve business operations conducted in U.S. coins and currency will no longer be required to accept $1 coins. The Regulatory Flexibility Act does not apply to this rule, because this final rule does not constitute a significant FAR revision within the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require publication for public comment.

    Replacement pages: TOC 37-1 and 37-2; 37.1-5 and 37.1-6; TOC 52-7 and 52-8; 52.2-27 thru 52.2-42.6; 52.2-247 and 52.2-248; 52.3-29 and 53.2-30.

    vi

  • FAC 2005-101 FILING INSTRUCTIONS

    NOTE: The FAR is segmented by subparts. The FAR page numbers reflect FAR Subparts. For example, “1.1-3” is page 3 of subpart 1.1.

    Remove Pages Insert Pages 1.1-3 and 1.1-4 1.1-3 and 1.1-4

    2.1-13 and 2.1-14 2.1-13 and 2.1-14

    4.6-1 and 4.6-2 4.6-1 and 4.6-2 4.11-1 and 4.11-2 4.11-1 and 4.11-2 4.12-1 and 4.12-2 4.12-1 and 4.12-2

    7.1-1 thru 7.1-6 7.1-1 thru 7.1-6

    8.4-1 and 8.4-2 8.4-1 and 8.4-2

    9.1-7 and 9.1-8 9.1-7 and 9.1-8 9.4-1 thru 9.4-10 9.4-1 thru 9.4-1

    12.3-1 thru 12.3-4 12.3-1 thru 12.3-4

    13.1-3 thru 13.1-6 13.1-3 thru 13.1-6 13.2-1 and 13.2-2 13.2-1 and 13.2-2

    16.5-5 and 16.5-6 16.5-5 and 16.5-6

    17.2-1 and 17.2-2 17.2-1 and 17.2-2

    18.1-1 thru 18.1-2 18.1-1 thru 18.1-4

    19.3-9 and 19.3-10 19.3-9 and 19.3-10 19.7-3 and 19.7-4 19.7-3 and 19.7-4

    22.10-13 and 22.10-14 22.10-13 and 22.10-14

    23.8-1 and 23.8-2 23.8-1 and 23.8-2

    25.7-3 and 25.7-4 25.7-3 and 25.7-4

    26.2-1 and 26.2-2 26.2-1 and 26.2-2

    vii

  • Remove Pages Insert Pages

    28.2-3 thru 28.2-6 28.2-3 thru 28.2-6

    32.11-1 and 32.11-2 32.11-1 and 32.11-2

    TOC 37-1 and 37-2 TOC 37-1 and 37-2 37.1-5 and 37.1-6 37.1-5 and 37.1-6

    44.2-1 thru 44.2-4 44.2-1 thru 44.2-4

    TOC 52-7 and 52-8 TOC 52-7 and 52-8 52.2-11 thru 5.2-12.12 52.2-11 thru 5.2-12.12 52.2-2-20.1 and 52.2-20.2 52.2-2-20.1 and 52.2-20.2 52.2-27 thru 52.2-42.6 52.2-27 thru 52.2-42.6 52.2-93 thru 52.2-96 52.2-93 thru 52.2-96 52.2-229 and 52.2-230 52.2-229 and 52.2-230 52.2-247 thru 52.2-248.2 52.2-247 and 52.2-248 52.2-261 and 52.2-262 52.2-261 and 52.2-262

    Matrix Matrix 52.3-29 and 52.3-30 52.3-29 and 52.3-30

    viii

  • SUBPART 1.1—PURPOSE, AUTHORITY, ISSUANCE 1.106

    (FAC 2005-101)

    1.1-3

    1.104 Applicability.The FAR applies to all acquisitions as defined in Part 2 of

    the FAR, except where expressly excluded.

    1.105 Issuance.

    1.105-1 Publication and code arrangement.(a) The FAR is published in—

    (1) The daily issue of the Federal Register;(2) Cumulated form in the Code of Federal Regulations

    (CFR); and(3) A separate loose-leaf edition.

    (b) The FAR is issued as Chapter 1 of Title 48, CFR. Sub-sequent chapters are reserved for agency acquisition regula-tions that implement or supplement the FAR (seeSubpart 1.3). The CFR Staff will assign chapter numbers torequesting agencies.

    (c) Each numbered unit or segment (e.g., part, subpart, sec-tion, etc.) of an agency acquisition regulation that is codifiedin the CFR shall begin with the chapter number. However, thechapter number assigned to the FAR will not be included inthe numbered units or segments of the FAR.

    1.105-2 Arrangement of regulations.(a) General. The FAR is divided into subchapters, parts

    (each of which covers a separate aspect of acquisition), sub-parts, sections, and subsections.

    (b) Numbering.(1) The numbering system permits the dis-crete identification of every FAR paragraph. The digits to theleft of the decimal point represent the part number. The num-bers to the right of the decimal point and to the left of the dashrepresent, in order, the subpart (one or two digits), and the sec-tion (two digits). The number to the right of the dash rep-resents the subsection. Subdivisions may be used at thesection and subsection level to identify individual paragraphs.The following example illustrates the make-up of a FAR num-ber citation (note that subchapters are not used with citations):

    (2) Subdivisions below the section or subsection levelconsist of parenthetical alpha numerics using the followingsequence:

    (a)(1)(i)(A)(1)(i)

    (c) References and citations.(1) Unless otherwise stated,cross-references indicate parts, subparts, sections, subsec-tions, paragraphs, subparagraphs, or subdivisions of thisregulation.

    (2) This regulation may be referred to as the FederalAcquisition Regulation or the FAR.

    (3) Using the FAR coverage at 9.106-4(d) as a typicalillustration, reference to the—

    (i) Part would be “FAR part 9” outside the FAR and“part 9” within the FAR.

    (ii) Subpart would be “FAR subpart 9.1” outside theFAR and “subpart 9.1’’ within the FAR.

    (iii) Section would be “FAR 9.106” outside the FARand “9.106” within the FAR.

    (iv) Subsection would be “FAR 9.106-4” outside theFAR and “9.106-4” within the FAR.

    (v) Paragraph would be “FAR 9.106-4(d)” outsidethe FAR and “9.106-4(d)” within the FAR.

    (4) Citations of authority (e.g., statutes or Executiveorders) in the FAR shall follow the Federal Register formguides.

    1.105-3 Copies.Copies of the FAR in Federal Register, loose-leaf,

    CD-ROM, and CFR form may be purchased from the—

    Superintendent of DocumentsGovernment Printing Office (GPO)Washington, DC 20402.

    1.106 OMB approval under the Paperwork Reduction Act.The Paperwork Reduction Act of 1980 (44 U.S.C. chapter

    35) imposes a requirement on Federal agencies to obtainapproval from the Office of Management and Budget (OMB)before collecting information from 10 or more members of thepublic. The information collection and recordkeeping require-ments contained in this regulation have been approved by theOMB. The following OMB control numbers apply:

    PartSubpartSectionSubsection

    25.108-2

    FAR segment OMB Control Number3.103 9000-00183.11 9000-01834.102 9000-00334.5 9000-01374.605 9000-01454.607 9000-01454.7 9000-00344.9 9000-00974.14 9000-01774.17 9000-01795.405 9000-00367.2 9000-00828.5 9000-01139.1 9000-00119.2 9000-008314.201 9000-003414.202-4 9000-004014.202-5 9000-003914.205 9000-003714.407 9000-0038

    http://uscode.house.gov/browse.xhtml;jsessionid=1130DCE18F6D6AF281CD04299FA791E3http://uscode.house.gov/browse.xhtml;jsessionid=1130DCE18F6D6AF281CD04299FA791E3http://uscode.house.gov/browse.xhtml;jsessionid=1130DCE18F6D6AF281CD04299FA791E3

  • 1.106 FEDERAL ACQUISITION REGULATION

    FAC 2005–101 OCTOBER 26, 2018

    1.1-4

    14.5 9000-004115.2 9000-003715.209 9000-003415.4 9000-001315.404-1(f) 9000-008015.407-2 9000-007815.408 9000-011519.7 9000-0192,

    9000-0006 and9000-0007

    22.103 9000-006522.5 9000-017522.8 1250-000322.11 9000-006622.12 1235-0007 and

    1235-002522.14 1250-000522.16 1215-000422.17 9000-018823.602 9000-010724.3 9000-018225.302 9000-018427.2 9000-009627.3 9000-009527.4 9000-009028.1 9000-004528.2 9000-004529.304 9000-005930.6 9000-012931.205-46 9000-007931.205-46(a)(3) 9000-008832.000 9000-013832.1 9000-0070 and

    9000-013832.2 9000-013832.4 9000-007332.5 9000-0010 and

    9000-013832.7 9000-007432.9 9000-010232.10 9000-013833 9000-003536.213-2 9000-003736.603 9000-015741.202(c) 9000-012542.7 9000-001342.12 9000-007642.13 9000-007642.15 9000-014244.305 9000-013245 9000-007546 9000-0077

    FAR segment OMB Control Number47 9000-006147.208 9000-005648 9000-002749 9000-002850 9000-002951.1 9000-003151.2 9000-003252.203-2 9000-001852.203-7 9000-009152.203-13 9000-016452.203-16 9000-018352.204-3 9000-009752.204-6 9000-014552.204-7 9000-015952.204-10 9000-017752.204-12 9000-014552.204-13 9000-015952.204-14 9000-017952.204-15 9000-017952.204-16 9000-018552.204-17 9000-018552.204-18 9000-018552.204-20 9000-018952.204-23 9000-019752.207-3 9000-011452.207-4 9000-008252.208-8 9000-011352.208-9 9000-011352.209-1 9000-008352.209-1(b) 9000-002052.209-1(c) 9000-008352.207-2 9000-019052.209-5 9000-009452.209-6 9000-009452.209-7 9000-017452.209-9 9000-017452.209-10 9000-019052.209-11 9000-019352.209-12 9000-019352.209-13 9000-019852.211-7 9000-015352.211-8 9000-004352.211-9 9000-0043

    52.212-3 9000-013652.212-3(h) 9000-0094

    52.212-5 9000-003452.214-14 9000-004752.214-15 9000-004452.214-16 9000-004452.214-21 9000-0039

    FAR segment OMB Control Number

  • SUBPART 2.1—DEFINITIONS 2.101

    (FAC 2005–101)

    2.1-13

    “Overtime premium” means the difference between thecontractor’s regular rate of pay to an employee for the shiftinvolved and the higher rate paid for overtime. It does notinclude shift premium, i.e., the difference between the con-tractor's regular rate of pay to an employee and the higher ratepaid for extra-pay-shift work.

    “Ozone-depleting substance” means any substance theEnvironmental Protection Agency designates in40 CFR part 82 as—

    (1) Class I, including, but not limited to, chlorofluoro-carbons, halons, carbon tetrachloride, and methyl chloroform;or

    (2) Class II, including, but not limited to,hydrochlorofluorocarbons.

    “Partial termination” means the termination of a part, butnot all, of the work that has not been completed and acceptedunder a contract.

    “Past performance” means an offeror’s or contractor’s per-formance on active and physically completed contracts (see4.804-4).

    “Performance-based acquisition (PBA)” means an acqui-sition structured around the results to be achieved as opposedto the manner by which the work is to be performed.

    “Performance Work Statement (PWS)” means a statementof work for performance-based acquisitions that describes therequired results in clear, specific and objective terms withmeasurable outcomes.

    “Personal property” means property of any kind or interestin it except real property, records of the Federal Government,and naval vessels of the following categories:

    (1) Battleships;(2) Cruisers;(3) Aircraft carriers;(4) Destroyers; and(5) Submarines.

    “Personal services contract” means a contract that, by itsexpress terms or as administered, makes the contractor per-sonnel appear to be, in effect, Government employees (see37.104).

    “Plant clearance officer” means an authorized representa-tive of the contracting officer, appointed in accordance withagency procedures, responsible for screening, redistributing,and disposing of contractor inventory from a contractor’splant or work site. The term “Contractor’s plant” includes, butis not limited to, Government-owned contractor-operatedplants, Federal installations, and Federal and non-Federalindustrial operations, as may be required under the scope ofthe contract.

    “Pollution prevention” means any practice that—(1)(i) Reduces the amount of any hazardous substance,

    pollutant, or contaminant entering any waste stream or other-wise released into the environment (including fugitive emis-sions) prior to recycling, treatment, or disposal; and

    (ii) Reduces the hazards to public health and theenvironment associated with the release of such substances,pollutants, and contaminants;

    (2) Reduces or eliminates the creation of pollutantsthrough increased efficiency in the use of raw materials,energy, water, or other resources; or

    (3) Protects natural resources by conservation.“Power of attorney” means the authority given one person

    or corporation to act for and obligate another, as specified inthe instrument creating the power; in corporate suretyship, aninstrument under seal that appoints an attorney-in-fact to actin behalf of a surety company in signing bonds (see also“attorney-in-fact” at 28.001).

    “Preaward survey” means an evaluation of a prospectivecontractor’s capability to perform a proposed contract.

    “Preponderance of the evidence” means proof by informa-tion that, compared with that opposing it, leads to the conclu-sion that the fact at issue is more probably true than not.

    “Pricing” means the process of establishing a reasonableamount or amounts to be paid for supplies or services.

    “Principal” means an officer, director, owner, partner, or aperson having primary management or supervisory responsi-bilities within a business entity (e.g., general manager; plantmanager; head of a division or business segment; and similarpositions).

    “Procurement” (see “acquisition”).“Procuring activity” means a component of an executive

    agency having a significant acquisition function and desig-nated as such by the head of the agency. Unless agency regu-lations specify otherwise, the term “procuring activity” issynonymous with “contracting activity.”

    “Products” has the same meaning as “supplies.”“Projected average loss” means the estimated long-term

    average loss per period for periods of comparable exposure torisk of loss.

    “Proper invoice” means an invoice that meets the mini-mum standards specified in 32.905(b).

    “Purchase order,” when issued by the Government, meansan offer by the Government to buy supplies or services,including construction and research and development, uponspecified terms and conditions, using simplified acquisitionprocedures.

    “Qualification requirement” means a Government require-ment for testing or other quality assurance demonstration thatmust be completed before award of a contract.

    “Qualified products list (QPL)” means a list of productsthat have been examined, tested, and have satisfied all appli-cable qualification requirements.

    “Receiving report” means written evidence that indicatesGovernment acceptance of supplies delivered or services per-formed (see subpart 46.6). Receiving reports must meet therequirements of 32.905(c).

    “Recovered material” means waste materials and by-prod-ucts recovered or diverted from solid waste, but the term doesnot include those materials and by-products generated from,

  • 2.101 FEDERAL ACQUISITION REGULATION

    FAC 2005–101 OCTOBER 26, 2018

    2.1-14

    and commonly reused within, an original manufacturing pro-cess. For use in subpart 11.3 for paper and paper products, seethe definition at 11.301.

    “Registered in the System for Award Management (SAM)”means that—

    (1) The Contractor has entered all mandatory informa-tion, including the unique entity identifier and the ElectronicFunds Transfer indicator (if applicable), the Commercial andGovernment Entity (CAGE) code, as well as data required bythe Federal Funding Accountability and Transparency Act of2006 (see subpart 4.14), into SAM;

    (2) The Contractor has completed the Core, Assertions,Representations and Certifications, and Points of Contact sec-tions of the registration in SAM;

    (3) The Government has validated all mandatory datafields, to include validation of the Taxpayer IdentificationNumber (TIN) with the Internal Revenue Service (IRS). Thecontractor will be required to provide consent for TIN valida-tion to the Government as a part of the SAM registration pro-cess; and

    (4) The Government has marked the record Active.“Renewable energy” means energy produced by solar,

    wind, geothermal, biomass, landfill gas, ocean (includingtidal, wave, current, and thermal), municipal solid waste, ornew hydroelectric generation capacity achieved fromincreased efficiency or additions of new capacity at an exist-ing hydroelectric project (Energy Policy Act of 2005, 42U.S.C. 15852).

    “Renewable energy technology” means—(1) Technologies that use renewable energy to provide

    light, heat, cooling, or mechanical or electrical energy for usein facilities or other activities; or

    (2) The use of integrated whole-building designs thatrely upon renewable energy resources, including passive solardesign.

    “Requesting agency” means the agency that has therequirement for an interagency acquisition.

    “Residual value” means the proceeds, less removal anddisposal costs, if any, realized upon disposition of a tangiblecapital asset. It usually is measured by the net proceeds fromthe sale or other disposition of the asset, or its fair value if theasset is traded in on another asset. The estimated residualvalue is a current forecast of the residual value.

    “Responsible audit agency” means the agency that isresponsible for performing all required contract audit servicesat a business unit.

    “Responsible prospective contractor” means a contractorthat meets the standards in 9.104.

    “Scrap” means personal property that has no value exceptits basic metallic, mineral, or organic content.

    “Segment” means one of two or more divisions, productdepartments, plants, or other subdivisions of an organizationreporting directly to a home office, usually identified withresponsibility for profit and/or producing a product or service.The term includes—

    (1) Government-owned contractor-operated (GOCO)facilities; and

    (2) Joint ventures and subsidiaries (domestic and for-eign) in which the organization has—

    (i) A majority ownership; or(ii) Less than a majority ownership, but over which

    it exercises control.“Self-insurance” means the assumption or retention of the

    risk of loss by the contractor, whether voluntarily or involun-tarily. Self-insurance includes the deductible portion of pur-chased insurance.

    “Senior procurement executive” means the individualappointed pursuant to 41 U.S.C. 1702(c) who is responsiblefor management direction of the acquisition system of theexecutive agency, including implementation of the uniqueacquisition policies, regulations, and standards of the execu-tive agency.

    “Service-disabled veteran-owned small businessconcern”—

    (1) Means a small business concern—(i) Not less than 51 percent of which is owned by one

    or more service-disabled veterans or, in the case of any pub-licly owned business, not less than 51 percent of the stock ofwhich is owned by one or more service-disabled veterans; and

    (ii) The management and daily business operationsof which are controlled by one or more service-disabled vet-erans or, in the case of a service-disabled veteran with perma-nent and severe disability, the spouse or permanent caregiverof such veteran.

    (2) Service-disabled veteran means a veteran, asdefined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

    “Servicing agency” means the agency that will conduct anassisted acquisition on behalf of the requesting agency.

    “Shall” means the imperative.“Shipment” means freight transported or to be transported.“Shop drawings” means drawings submitted by the con-

    struction contractor or a subcontractor at any tier or requiredunder a construction contract, showing in detail either or bothof the following:

    (1) The proposed fabrication and assembly of structuralelements.

    (2) The installation (i.e., form, fit, and attachmentdetails) of materials or equipment.

    “Should” means an expected course of action or policy thatis to be followed unless inappropriate for a particularcircumstance.

    “Signature” or “signed” means the discrete, verifiablesymbol of an individual that, when affixed to a writing withthe knowledge and consent of the individual, indicates a pres-ent intention to authenticate the writing. This includes elec-tronic symbols.

    “Simplified acquisition procedures” means the methodsprescribed in part 13 for making purchases of supplies or ser-vices.

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  • SUBPART 4.6—CONTRACT REPORTING 4.604

    4.6-1

    Subpart 4.6—Contract Reporting

    4.600 Scope of subpart.This subpart prescribes uniform reporting requirements for

    the Federal Procurement Data System (FPDS).

    4.601 Definitions.As used in this subpart—“Contract action” means any oral or written action that

    results in the purchase, rent, or lease of supplies or equipment,services, or construction using appropriated dollars over themicro-purchase threshold, or modifications to these actionsregardless of dollar value. Contract action does not includegrants, cooperative agreements, other transactions, real prop-erty leases, requisitions from Federal stock, training authori-zations, or other non-FAR based transactions.

    “Contract action report (CAR)” means contract actiondata required to be entered into the Federal Procurement DataSystem (FPDS).

    “Definitive contract” means any contract that must bereported to FPDS other than an indefinite delivery vehicle.This definition is only for FPDS, and is not intended to applyto Part 16.

    “Entitlement program” means a Federal program thatguarantees a certain level of benefits to persons or other enti-ties who meet requirements set by law, such as Social Secu-rity, farm price supports, or unemployment benefits.

    “Generic entity identifier” means a number or other iden-tifier assigned to a category of vendors and not specific to anyindividual or entity.

    “Indefinite delivery vehicle (IDV)” means an indefinitedelivery contract or agreement that has one or more of the fol-lowing clauses:

    (1) 52.216-18, Ordering.(2) 52.216-19, Order Limitations.(3) 52.216-20, Definite Quantity.(4) 52.216-21, Requirements.(5) 52.216-22, Indefinite Quantity.(6) Any other clause allowing ordering.

    4.602 General.(a) The FPDS provides a comprehensive web-based tool

    for agencies to report contract actions. The resulting data pro-vides—

    (1) A basis for recurring and special reports to the Pres-ident, the Congress, the Government Accountability Office,Federal executive agencies, and the general public;

    (2) A means of measuring and assessing the effect ofFederal contracting on the Nation's economy and the extent towhich small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, women-owned small business concerns, and AbilityOne nonprofit

    agencies operating under 41 U.S.C. chapter 85, Committee forPurchase from People Who Are Blind or Severely Disabled,are sharing in Federal contracts;

    (3) A means of measuring and assessing the effect ofFederal contracting for promoting sustainable technologies,materials, products, and high-performance sustainable build-ings. This is accomplished by collecting and reporting agencydata on sustainable acquisition, including types of productspurchased, the purchase costs, and the exceptions used forother than sustainable acquisition; and

    (4) A means of measuring and assessing the effect ofother policy and management initiatives (e.g., performancebased acquisitions and competition).

    (b) FPDS does not provide reports for certain acquisitioninformation used in the award of a contract action (e.g., sub-contracting data, funding data, or accounting data).

    (c) The FPDS Web site, https://www.fpds.gov, providesinstructions for submitting data. It also provides—

    (1) A complete list of departments, agencies, and otherentities that submit data to the FPDS;

    (2) Technical and end-user guidance;(3) A computer-based tutorial; and(4) Information concerning reports not generated in

    FPDS.

    4.603 Policy.(a) In accordance with the Federal Funding Accountability

    and Transparency Act of 2006 (Pub. L. 109-282), all unclas-sified Federal award data must be publicly accessible.

    (b) Executive agencies shall use FPDS to maintain publiclyavailable information about all unclassified contract actionsexceeding the micro-purchase threshold, and any modifica-tions to those actions that change previously reported contractaction report data, regardless of dollar value.

    (c) Agencies awarding assisted acquisitions or directacquisitions must report these actions and identify the Pro-gram/Funding Agency and Office Codes from the applicableagency codes maintained by each agency at FPDS. Thesecodes represent the agency and office that has provided thepredominant amount of funding for the contract action. Forassisted acquisitions, the requesting agency will receivesocioeconomic credit for meeting agency small businessgoals, where applicable. Requesting agencies shall providethe appropriate agency/bureau component code as part of thewritten interagency agreement between the requesting andservicing agencies (see 17.502-1(b)(1)).

    (d) Agencies awarding contract actions with a mix ofappropriated and non-appropriated funding shall only reportthe full appropriated portion of the contract action in FPDS.

    4.604 Responsibilities.(a) The Senior Procurement Executive in coordination

    with the head of the contracting activity is responsible fordeveloping and monitoring a process to ensure timely andaccurate reporting of contractual actions to FPDS.

    (b)(1) The responsibility for the completion and accuracyof the individual contract action report (CAR) resides with the

    (FAC 2005-101)

  • 4.605 FEDERAL ACQUISITION REGULATION

    4.6-2

    contracting officer who awarded the contract action. CARs ina draft or error status in FPDS are not considered complete.

    (2) The CAR must be confirmed for accuracy by thecontracting officer prior to release of the contract award. TheCAR must then be completed in FPDS within three businessdays after contract award.

    (3) For any action awarded in accordance with FAR6.302-2 or pursuant to any of the authorities listed at FAR sub-part 18.2, the CAR must be completed in FPDS within 30 daysafter contract award.

    (4) When the contracting office receives written notifi-cation that a contractor has changed its size status in accor-dance with the clause at 52.219-28, Post-Award SmallBusiness Program Rerepresentation, the contracting officershall update the size status in FPDS within 30 days afterreceipt of contractor’s notification of rerepresentation.

    (5) If after award of a contract, the contracting officerreceives written notification of SBA’s final decision on a pro-test concerning a size determination, the contracting officershall update FPDS to reflect the final decision.

    (c) The chief acquisition officer of each agency required toreport its contract actions must submit to the General ServicesAdministration (GSA), in accordance with FPDS guidance,within 120 days after the end of each fiscal year, an annual cer-tification of whether, and to what degree, agency CAR data forthe preceding fiscal year is complete and accurate.

    4.605 Procedures.(a) Procurement Instrument Identifier (PIID). Agencies

    shall have in place a process that ensures that each PIIDreported to FPDS is unique Governmentwide, for all solicita-tions, contracts, blanket purchase agreements, basic agree-ments, basic ordering agreements, or orders in accordancewith 4.1601 to 4.1603, and will remain so for at least 20 yearsfrom the date of contract award. Other pertinent PIID instruc-tions for FPDS reporting can be found at https://www.fpds.gov.

    (b) Unique entity identifier. The contracting officer shallidentify and report a unique entity identifier for the successfulofferor on a contract action. The unique entity identifier shallcorrespond to the successful offeror’s name and address asstated in the offer and resultant contract, and as registered inthe System for Award Management in accordance with theprovision at 52.204-7, System for Award Management. Thecontracting officer shall ask the offeror to provide its uniqueentity identifier by using either the provision at 52.204-6,Unique Entity Identifier, the provision at 52.204-7, System forAward Management, or the provision at 52.212-1, Instruc-tions to Offerors-Commercial Items. (For a discussion of theCommercial and Government Entity (CAGE) Code, which isa different identifier, see subpart 4.18.)

    (c) Generic entity identifier. (1) The use of a generic entityidentifier should be limited, and only used in the situationsdescribed in paragraph (c)(2) of this section. Use of a genericentity identifier does not supersede the requirements of pro-

    visions 52.204-6, Unique Entity Identifier or 52.204-7, Sys-tem for Award Management (if present in the solicitation) forthe contractor to have a unique entity identifier assigned.

    (2) Authorized generic entity identifiers, maintained bythe Integrated Award Environment (IAE) program office(http://www.gsa.gov/portal/content/105036), may be used toreport contracts in lieu of the contractor’s actual unique entityidentifier only for—

    (i) Contract actions valued at or below $30,000 thatare awarded to a contractor that is—

    (A) A student;(B) A dependent of either a veteran, foreign ser-

    vice officer, or military member assigned outside the UnitedStates and its outlying areas (as defined in 2.101); or

    (C) Located outside the United States and its out-lying areas for work to be performed outside the United Statesand its outlying areas and the contractor does not otherwisehave a unique entity identifier;

    (ii) Contracts valued above $30,000 awarded to indi-viduals located outside the United States and its outlying areasfor work to be performed outside the United States and its out-lying areas; or

    (iii) Contracts when specific public identification ofthe contracted party could endanger the mission, contractor, orrecipients of the acquired goods or services. The contractingofficer must include a written determination in the contractfile of a decision applicable to authority under this paragraph(c)(2)(iii).

    (d) American Recovery and Reinvestment Act actions. Thecontracting officer, when entering data in FPDS, shall use theinstructions at https://www.fpds.gov to identify any actionfunded in whole or in part by the American Recovery andReinvestment Act of 2009 (Pub. L. 111-5).

    (e) Office Codes. Agencies shall by March 31, 2016–(1) Use the Activity Address Code (AAC), as defined in

    2.101, assigned to the issuing contracting office as the con-tracting office code, and

    (2) Use the AAC assigned to the program/funding officeproviding the predominance of funding for the contract actionas the program/funding office code.

    4.606 Reporting Data.(a) Actions required to be reported to FPDS.(1) As a min-

    imum, agencies must report the following contract actionsover the micro-purchase threshold, regardless of solicitationprocess used, and agencies must report any modification tothese contract actions that change previously reported con-tract action data, regardless of dollar value:

    (i) Definitive contracts, including purchase ordersand imprest fund buys over the micro-purchase thresholdawarded by a contracting officer.

    (ii) Indefinite delivery vehicle (identified as an“IDV” in FPDS). Examples of IDVs include the following:

    (A) Task and Delivery Order Contracts (seesubpart 16.5), including—

    FAC 2005–101 OCTOBER 26, 2018

  • SUBPART 4.11—SYSTEM FOR AWARD MANAGEMENT 4.1102

    FAC 2005–101 OCTOBER 26, 2018

    4.11-1

    Subpart 4.11—System for Award Management

    4.1100 Scope.This subpart prescribes policies and procedures for requir-

    ing contractor registration in the System for Award Manage-ment (SAM) to—

    (a) Increase visibility of vendor sources (including theirgeographical locations) for specific supplies and services; and

    (b) Establish a common source of vendor data for theGovernment.

    4.1101 Definition.As used in this subpart—“Agreement” means basic agreement, basic ordering

    agreement, or blanket purchase agreement.

    4.1102 Policy.(a) Offerors and quoters are required to be registered in

    SAM at the time an offer or quotation is submitted in order tocomply with the annual representations and certificationsrequirements except for—

    (1) Purchases under the micro-purchase threshold thatuse a Governmentwide commercial purchase card as both thepurchasing and payment mechanism, as opposed to using thepurchase card for payment only;

    (2) Classified contracts (see 2.101) when registration inSAM, or use of SAM data, could compromise the safeguard-ing of classified information or national security;

    (3) Contracts awarded by—(i) Deployed contracting officers in the course of

    military operations, including, but not limited to, contingencyoperations as defined in 10 U.S.C. 101(a)(13) or humanitar-ian or peacekeeping operations as defined in10 U.S.C. 2302(8);

    (ii) Contracting officers located outside the UnitedStates and its outlying areas, as defined in 2.101, for work tobe performed in support of diplomatic or developmental oper-ations, including those performed in support of foreign assis-tance programs overseas, in an area that has been designatedby the Department of State as a danger pay post (see http://aoprals.state.gov/Web920/danger_pay_all.asp); or

    (iii) Contracting officers in the conduct of emer-gency operations, such as responses to natural or environmen-tal disasters or national or civil emergencies, e.g., Robert T.Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C. 5121);

    (4) Contracts with individuals for performance outsidethe United States and its outlying areas;

    (5) Contracts awarded without providing for full andopen competition due to unusual or compelling urgency (see6.302-2);

    (6) Contract actions at or below $30,000 awarded to for-eign vendors for work performed outside the United States, ifit is impractical to obtain SAM registration; and

    (7) Micro-purchases that do not use the electronic fundstransfer (EFT) method for payment and are not required to bereported (see subpart 4.6).

    (b) If practical, the contracting officer shall modify thecontract or agreement awarded under paragraph (a)(3) of thissection to require SAM registration.

    (c) Contracting officers shall use the legal business nameor “doing business as” name and physical address from thecontractor’s SAM registration for the provided unique entityidentifier to identify the contractor in section A of the contractschedule, similar sections of non-uniform contract formatsand agreements, and all corresponding forms and dataexchanges. Contracting officers shall make no changes to thedata retrieved from SAM.

    (d) (1) (i) If a contractor has legally changed its businessname or “doing business as” name (whichever is shown on thecontract), or has transferred the assets used in performing thecontract, but has not completed the necessary requirementsregarding novation and change-of-name agreements insubpart 42.12, the contractor is required to provide theresponsible contracting officer a minimum of one businessday’s written notification of its intention to change the namein SAM, comply with the requirements of subpart 42.12, andagree in writing to the timeline and procedures specified bythe responsible contracting officer. Along with the notifica-tion, the contractor is required to provide the contracting offi-cer sufficient documentation to support the legally changedname.

    (ii) If the contractor fails to comply with the require-ments of paragraph (d)(1)(i) of the clause at 52.204-13, Sys-tem for Award Management Maintenance, or fails to performthe agreement at 52.204-13, paragraph (d)(1)(i)(C), and, in theabsence of a properly executed novation or change-of-nameagreement, the SAM information that shows the contractor tobe other than the contractor indicated in the contract will beconsidered to be incorrect information within the meaning ofthe “Suspension of Payment” paragraph of the EFT clause ofthe contract.

    (2) The contractor shall not change the name or addressfor electronic funds transfer payments (EFT) or manual pay-ments, as appropriate, in the SAM record to reflect an assigneefor the purpose of assignment of claims (see subpart 32.8,Assignment of Claims).

    (3) Assignees shall be separately registered in SAM.Information provided to the contractor’s SAM record thatindicates payments, including those made by EFT, to an ulti-mate recipient other than that contractor will be considered tobe incorrect information within the meaning of the “Suspen-sion of payment” paragraph of the EFT clause of the contract.

    http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%2http://uscode.house.gov/http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20http:// aoprals.state.gov/Web920/danger_pay_all.asphttp:// aoprals.state.gov/Web920/danger_pay_all.asphttp:// aoprals.state.gov/Web920/danger_pay_all.asp

  • 4.1103 FEDERAL ACQUISITION REGULATION

    FAC 2005–101 OCTOBER 26, 2018

    4.11-2

    4.1103 Procedures.(a) Unless the acquisition is exempt under 4.1102(a), the

    contracting officer—(1) Shall verify that the offeror or quoter is registered in

    SAM (see paragraph (b) of this section) at the time an offer orquotation is submitted;

    (2) Should use the unique entity identifier to verifySAM registration–

    (i) Via https://www.sam.gov; or(ii) As otherwise provided by agency procedures; or

    (3) Need not verify SAM registration before placing anorder or call if the contract or agreement includes the provi-sion at 52.204-7, System for Award Management, or theclause at 52.212-4, Contract Terms and Conditions-Commer-cial Items, or a similar agency clause, except when use of theGovernmentwide commercial purchase card is contemplatedas a method of payment. (See 32.1108(b)(2).)

    (b) If the contract action is being awarded in accordancewith 4.1102(a)(5), the contractor is required to be registeredin SAM within 30 days after contract award, or at least threedays prior to submission of the first invoice, whichever occursfirst.

    (c) Agencies shall protect against improper disclosure ofinformation contained in SAM.

    (d) The contracting officer shall, on contractual documentstransmitted to the payment office, provide the unique entityidentifier, or, if applicable, the Electronic Funds Transfer indi-cator, in accordance with agency procedures.

    4.1104 Disaster Response Registry.Contracting officers shall consult the Disaster Response

    Registry via https://www.sam.gov, Search Records,Advanced Search, Disaster Response Registry Search whencontracting for debris removal, distribution of supplies, recon-struction, and other disaster or emergency relief activitiesinside the United States and outlying areas. (See 26.205).

    4.1105 Solicitation provision and contract clauses.(a)(1) Insert the provision at 52.204-7, System for Award

    Management, in all solicitations except when the conditionsin 4.1102(a) apply.

    (2) Insert the provision at 52.204-7, System for AwardManagement, with its Alternate I when the solicitation isanticipated to be awarded in accordance with 4.1102(a)(5).

    (b) Insert the clause at 52.204-13, System for Award Man-agement Maintenance, in solicitations that contain the provi-sion at 52.204-7, and resulting contracts.

    https://www.sam.govhttps://www.sam.gov

  • SUBPART 4.12—REPRESENTATIONS AND CERTIFICATIONS 4.1202

    FAC 2005–101 OCTOBER 26, 2018

    4.12-1

    Subpart 4.12—Representations and Certifications

    4.1200 Scope.This subpart prescribes policies and procedures for requir-

    ing submission and maintenance of representations and certi-fications via the System for Award Management (SAM) to—

    (a) Eliminate the administrative burden for contractors ofsubmitting the same information to various contractingoffices;

    (b) Establish a common source for this information to pro-curement offices across the Government; and

    (c) Incorporate by reference the contractor’s representa-tions and certifications in the awarded contract.

    4.1201 Policy.(a) Offerors and quoters are required to complete electronic

    annual representations and certifications in SAM accessed viahttps://www.sam.gov as a part of required registration (seeFAR 4.1102).

    (b)(1) All registrants are required to review and update therepresentations and certifications submitted to SAM as nec-essary, but at least annually, to ensure they are kept current,accurate, and complete. The representations and certificationsare effective until one year from date of submission or updateto SAM.

    (2) A contractors that represented itself as a small busi-ness prior to award of a contract must update the representa-tions and certifications in SAM in accordance with 52.219-28.A contractor that represented itself as other than small busi-ness before contract award and qualifies as a small businessmay update its representations and certifications in SAM inaccordance with 52.219-28.

    (c) Data in SAM is archived and is electronically retriev-able. Therefore, when a prospective contractor has completedrepresentations and certifications electronically in SAM, thecontracting officer must reference the date of SAM verifica-tion in the contract file to satisfy contract file documentationrequirements of 4.803(a)(11). However, if an offeror identi-fies changes to SAM data pursuant to the FAR provisions at52.204-8(d) or 52.212-3(b), the contracting officer mustinclude a copy of the changes in the contract file.

    (d) The contracting officer shall incorporate the represen-tations and certifications by reference in the contract (see52.204-19, or for acquisitions of commercial items see52.212-4(v)).

    4.1202 Solicitation provision and contract clause.(a) Insert the provision at 52.204-8, Annual Representa-

    tions and Certifications, in solicitations, except for commer-cial item solicitations issued under FAR part 12. Thecontracting officer shall check the applicable provisions at52.204-8(c)(2). When the provision at 52.204-7, System for

    Award Management, is included in the solicitation, do not sep-arately include the following representations and certifica-tions:

    (1) 52.203-2, Certificate of Independent PriceDetermination.

    (2) 52.203-11, Certification and Disclosure RegardingPayments to Influence Certain Federal Transactions.

    (3) 52.203-18, Prohibition on Contracting with Entitiesthat Require Certain Internal Confidentiality Agreements orStatements-Representation.

    (4) 52.204-3, Taxpayer Identification.(5) 52.204-5, Women-Owned Business (Other Than

    Small Business).(6) 52.204-17, Ownership or Control of Offeror.(7) 52.204-20, Predecessor of Offeror.(8) 52.209-2, Prohibition on Contracting with Inverted

    Domestic Corporations—Representation.(9) 52.209-5, Certification Regarding Responsibility

    Matters.(10) 52.209-11, Representation by Corporations

    Regarding Delinquent Tax Liability or a Felony Convictionunder any Federal Law.

    (11) 52.214-14, Place of Performance—Sealed Bid-ding.

    (12) 52.215-6, Place of Performance.(13) 52.219-1, Small Business Program Representa-

    tions (Basic & Alternate I).(14) 52.219-2, Equal Low Bids.(15) [Reserved](16) 52.222-18, Certification Regarding Knowledge of

    Child Labor for Listed End Products.(17) 52.222-22, Previous Contracts and Compliance

    Reports.(18) 52.222-25, Affirmative Action Compliance.(19) 52.222-38, Compliance with Veterans’ Employ-

    ment Reporting Requirements.(20) 52.222-48, Exemption from Application of the

    Service Contract Labor Standards to Contracts for Mainte-nance, Calibration, or Repair of Certain Equipment–Certifi-cation.

    (21) 52.222-52, Exemption from Application of theService Contract Labor Standards to Contracts for CertainServices—Certification.

    (22) 52.223-1, Biobased Product Certification.(23) 52.223-4, Recovered Material Certification.(24) 52.223-9, Estimate of Percentage of Recovered

    Material Content for EPA-Designated Items (Alternate Ionly).

    (25) 52.223-22, Public Disclosure of Greenhouse GasEmissions and Reduction Goals-Representation.

    (26) 52.225-2, Buy American Certificate.

  • 4.1202 FEDERAL ACQUISITION REGULATION

    FAC 2005-101)

    4.12-2 (

    (27) 52.225-4, Buy American—Free Trade Agree-ments—Israeli Trade Act Certificate (Basic, Alternates I, II,and III).

    (28) 52.225-6, Trade Agreements Certificate.(29) 52.225-20, Prohibition on Conducting Restricted

    Business Operations in Sudan—Certification.(30) 52.225-25, Prohibition on Contracting with Enti-

    ties Engaging in Certain Activities or Transactions Relating toIran-Representation and Certifications.

    (31) 52.226-2, Historically Black College or Universityand Minority Institution Representation.

    (32) 52.227-6, Royalty Information (Basic &Alternate I).

    (33) 52.227-15, Representation of Limited Rights Dataand Restricted Computer Software.

    (b) The contracting officer shall insert the clause at52.204-19, Incorporation by Reference of Representationsand Certifications, in solicitations and contracts.

  • SUBPART 7.1—ACQUISITION PLANS 7.103

    7.1-1

    7.000 Scope of part.This part prescribes policies and procedures for—(a) Developing acquisition plans;(b) Determining whether to use commercial or Govern-

    ment resources for acquisition of supplies or services;(c) Deciding whether it is more economical to lease equip-

    ment rather than purchase it; and(d) Determining whether functions are inherently

    governmental.

    Subpart 7.1—Acquisition Plans

    7.101 Definitions.As used in this subpart—“Acquisition streamlining” means any effort that results in

    more efficient and effective use of resources to design anddevelop, or produce quality systems. This includes ensuringthat only necessary and cost-effective requirements areincluded, at the most appropriate time in the acquisition cycle,in solicitations and resulting contracts for the design, devel-opment, and production of new systems, or for modificationsto existing systems that involve redesign of systems orsubsystems.

    “Life-cycle cost” means the total cost to the Governmentof acquiring, operating, supporting, and (if applicable) dispos-ing of the items being acquired.

    “Order” means an order placed under a—(1) Federal Supply Schedule contract; or(2) Task-order contract or delivery-order contract

    awarded by another agency, (i.e., Governmentwide acquisi-tion contract or multi-agency contract).

    “Planner” means the designated person or office responsi-ble for developing and maintaining a written plan, or for theplanning function in those acquisitions not requiring a writtenplan.

    7.102 Policy.(a) Agencies shall perform acquisition planning and con-

    duct market research (see part 10) for all acquisitions in orderto promote and provide for—

    (1) Acquisition of commercial items or, to the extentthat commercial items suitable to meet the agency’s needs arenot available, nondevelopmental items, to the maximumextent practicable (10 U.S.C. 2377 and 41 U.S.C. 3307); and

    (2) Full and open competition (see part 6) or, when fulland open competition is not required in accordance withpart 6, to obtain competition to the maximum extent practica-ble, with due regard to the nature of the supplies or services tobe acquired (10 U.S.C. 2305(a)(1)(A) and 41 U.S.C.3306a)(1)).

    (3) Selection of appropriate contract type in accordancewith part 16; and

    (4) Appropriate consideration of the use of pre-existingcontracts, including interagency and intra-agency contracts,to fulfill the requirement, before awarding new contracts. (See8.002 through 8.004 and subpart 17.5).

    (b) This planning shall integrate the efforts of all personnelresponsible for significant aspects of the acquisition. The pur-pose of this planning is to ensure that the Government meets

    its needs in the most effective, economical, and timely man-ner. Agencies that have a detailed acquisition planning systemin place that generally meets the requirements of 7.104 and7.105 need not revise their system to specifically meet all ofthese requirements.

    7.103 Agency-head responsibilities.The agency head or a designee shall prescribe procedures

    for—(a) Promoting and providing for full and open competition

    (see part 6) or, when full and open competition is not requiredin accordance with part 6, for obtaining competition to themaximum extent practicable, with due regard to the nature ofthe supplies and services to be acquired(10 U.S.C. 2305(a)(1)(A) and 41 U.S.C. 3306(a)(1)).

    (b) Encouraging offerors to supply commercial items, or tothe extent that commercial items suitable to meet the agencyneeds are not available, nondevelopmental items in responseto agency solicitations (10 U.S.C. 2377 and 41 U.S.C. 3307);and

    (c) Ensuring that acquisition planners address the require-ment to specify needs, develop specifications, and to solicitoffers in such a manner to promote and provide for full andopen competition with due regard to the nature of the suppliesand services to be acquired (10 U.S.C. 2305(a)(1)(A) and41 U.S.C. 3306(a)(1)). (See part 6 and 10.002.)

    (d) Ensuring that acquisition planners document the file tosupport the selection of the contract type in accordance withsubpart 16.1.

    (e) Establishing criteria and thresholds at which increas-ingly greater detail and formality in the planning process isrequired as the acquisition becomes more complex and costly,including for cost-reimbursement and other high-risk con-tracts (e.g., other than firm-fixed-price contracts) requiring awritten acquisition plan. A written plan shall be prepared forcost reimbursement and other high-risk contracts other thanfirm-fixed-price contracts, although written plans may berequired for firm-fixed-price contracts as appropriate.

    (f) Ensuring that the statement of work is closely alignedwith performance outcomes and cost estimates.

    (g) Writing plans either on a systems basis, on an individ-ual contract basis, or on an individual order basis, dependingupon the acquisition.

    (h) Ensuring that the principles of this subpart are used, asappropriate, for those acquisitions that do not require a writtenplan as well as for those that do.

    (i) Designating planners for acquisitions.(j) Reviewing and approving acquisition plans and revi-

    sions to these plans to ensure compliance with FAR require-ments including 7.104 and part 16. For other than firm-fixed-price contracts, ensuring that the plan is approved and signedat least one level above the contracting officer.

    (k) Establishing criteria and thresholds at which design-to-cost and life-cycle-cost techniques will be used.

    (l) Establishing standard acquisition plan formats, ifdesired, suitable to agency needs; and

    (m) Waiving requirements of detail and formality, as nec-essary, in planning for acquisitions having compressed deliv-

    (FAC 2005-101)

  • 7.104 FEDERAL ACQUISITION REGULATION

    7.1-2

    ery or performance schedules because of the urgency of theneed.

    (n) Assuring that the contracting officer, prior to contract-ing, reviews:

    (1) The acquisition history of the supplies and services;and

    (2) A description of the supplies, including, when nec-essary for adequate description, a picture, drawing, diagram,or other graphic representation.

    (o) Ensuring that agency planners include use of the metricsystem of measurement in proposed acquisitions in accor-dance with 15 U.S.C. 205b (see 11.002(b)) and agency metricplans and guidelines.

    (p) Ensuring that agency planners—(1) Specify needs for printing and writing paper consis-

    tent with the 30 percent postconsumer fiber minimum contentstandards specified in section 2(d)(ii) of Executive Order13423 of January 24, 2007, Strengthening Federal Environ-mental, Energy, and Transportation Management, and section2(e)(iv) of Executive Order 13514 of October 5, 2009 (see11.303)

    (2) Comply with the policy in 11.002(d) regarding pro-curement of biobased products, products containing recov-ered materials, environmentally preferable products andservices (including Electronic Product EnvironmentalAssessment Tool (EPEAT®)-registered electronic products,nontoxic or low-toxic alternatives), ENERGY STAR® andFederal Energy Management Program-designated products,renewable energy, water-efficient products, non-ozone-depleting products, and products and services that minimizeor eliminate, when feasible, the use, release, or emission ofhigh global warming potential hydrofluorocarbons, such as byusing reclaimed instead of virgin hydrofluorocarbons;

    (3) Comply with the Guiding Principles for FederalLeadership in High-Performance and Sustainable Buildings(Guiding Principles), for the design, construction, renovation,repair, or deconstruction of Federal buildings. The GuidingPrinciples can be accessed at https://www.epa.gov/greeningepa/guiding-principles-federal-leadership-high-per-formance-and-sustainable-buildings; and

    (4) Require contractor compliance with Federal envi-ronmental requirements, when the contractor is operatingGovernment-owned facilities or vehicles, to the same extentas the agency would be required to comply if the agency oper-ated the facilities or vehicles.

    (q) Ensuring that acquisition planners specify needs anddevelop plans, drawings, work statements, specifications, orother product descriptions that address Electronic and Infor-mation Technology Accessibility Standards (see 36 CFRPart 1194) in proposed acquisitions (see 11.002(e)) and thatthese standards are included in requirements planning, asappropriate (see subpart 39.2).

    (r) Making a determination, prior to issuance of a solicita-tion for advisory and assistance services involving the analy-sis and evaluation of proposals submitted in response to asolicitation, that a sufficient number of covered personnelwith the training and capability to perform an evaluation andanalysis of proposals submitted in response to a solicitation

    are not readily available within the agency or from anotherFederal agency in accordance with the guidelines at 37.204.

    (s) Ensuring that no purchase request is initiated or contractentered into that would result in the performance of an inher-ently governmental function by a contractor and that all con-tracts or orders are adequately managed so as to ensureeffective official control over contract or order performance.

    (t) Ensuring that knowledge gained from prior acquisitionsis used to further refine requirements and acquisition strate-gies. For services, greater use of performance-based acquisi-tion methods should occur for follow-on acquisitions.

    (u) Ensuring that acquisition planners, to the maximumextent practicable—

    (1) Structure contract requirements to facilitate compe-tition by and among small business concerns; and

    (2) Avoid unnecessary and unjustified consolidation orbundling (see 7.107) (15 U.S.C. 631(j) and 15 U.S.C. 657q).

    (v) Ensuring that agency planners on information technol-ogy acquisitions comply with the capital planning and invest-ment control requirements in 40 U.S.C. 11312 and OMBCircular A-130.

    (w) Ensuring that agency planners on information technol-ogy acquisitions comply with the information technologysecurity requirements in the Federal Information SecurityManagement Act (44 U.S.C. 3544), OMB’s implementingpolicies including Appendix III of OMB Circular A-130, andguidance and standards from the Department of Commerce’sNational Institute of Standards and Technology.

    (x) Encouraging agency planners to consider the use of aproject labor agreement (see subpart 22.5).

    (y) Ensuring that contracting officers consult the DisasterResponse Registry via https://www.sam.gov, Search Records,Advanced Search, Disaster Response Registry Search as apart of acquisition planning for debris removal, distribution ofsupplies, reconstruction, and other disaster or emergencyrelief activities inside the United States and outlying areas.(See 26.205).

    7.104 General procedures.(a) Acquisition planning should begin as soon as the

    agency need is identified, preferably well in advance of thefiscal year in which contract award or order placement is nec-essary. In developing the plan, the planner shall form a teamconsisting of all those who will be responsible for significantaspects of the acquisition, such as contracting, small business,fiscal, legal, and technical personnel. If contract performanceis to be in a designated operational area or supporting a dip-lomatic or consular mission, the planner shall also considerinclusion of the combatant commander or chief of mission, asappropriate. The planner should review previous plans forsimilar acquisitions and discuss them with the key personnelinvolved in those acquisitions. At key dates specified in theplan or whenever significant changes occur, and no less oftenthan annually, the planner shall review the plan and, if appro-priate, revise it.

    (b) Requirements and logistics personnel should avoidissuing requirements on an urgent basis or with unrealisticdelivery or performance schedules, since it generally restrictscompetition and increases prices. Early in the planning pro-

    FAC 2005–101 OCTOBER 26, 2018

  • SUBPART 7.1—ACQUISITION PLANS 7.105

    7.1-3

    cess, the planner should consult with requirements and logis-tics personnel who determine type, quality, quantity, anddelivery requirements.

    (c) The planner shall coordinate with and secure the con-currence of the contracting officer in all acquisition planning.If the plan proposes using other than full and open competitionwhen awarding a contract, the plan shall also be coordinatedwith the cognizant advocate for competition.

    (d) The planner shall coordinate the acquisition plan orstrategy with the cognizant small business specialist when thestrategy contemplates an acquisition meeting the thresholds in7.107-4 for substantial bundling unless the contract or taskorder or delivery order is entirely reserved or set-aside forsmall business under part 19. The small business specialistshall notify the agency Office of Small and DisadvantagedBusiness Utilization or the Office of Small Business Programsif the strategy involves-

    (1) Bundling that is unnecessary or unjustified; or(2) Bundled or consolidated requirements not identified

    as such by the agency (see 7.107).(e) The planner shall ensure that a COR is nominated as

    early as practicable in the acquisition process by the require-ments official or in accordance with agency procedures. Thecontracting officer shall designate and authorize a COR asearly as practicable after the nomination. See 1.602-2(d).

    7.105 Contents of written acquisition plans.In order to facilitate attainment of the acquisition objec-

    tives, the plan must identify those milestones at which deci-sions should be made (see paragraph (b)(21) of this section).The plan must address all the technical, business, manage-ment, and other significant considerations that will control theacquisition. The specific content of plans will vary, dependingon the nature, circumstances, and stage of the acquisition. Inpreparing the plan, the planner must follow the applicableinstructions in paragraphs (a) and (b) of this section, togetherwith the agency’s implementing procedures. Acquisitionplans for service contracts or orders must describe the strate-gies for implementing performance-based acquisition meth-ods or must provide rationale for not using those methods (seesubpart 37.6).

    (a) Acquisition background and objectives— (1) State-ment of need. Introduce the plan by a brief statement of need.Summarize the technical and contractual history of the acqui-sition. Discuss feasible acquisition alternatives, the impact ofprior acquisitions on those alternatives, and any related in-house effort.

    (2) Applicable conditions. State all significant condi-tions affecting the acquisition, such as—

    (i) Requirements for compatibility with existing orfuture systems or programs; and

    (ii) Any known cost, schedule, and capability or per-formance constraints.

    (3) Cost. Set forth the established cost goals for theacquisition and the rationale supporting them, and discuss

    related cost concepts to be employed, including, as appropri-ate, the following items:

    (i) Life-cycle cost. Discuss how life-cycle cost willbe considered. If it is not used, explain why. If appropriate,discuss the cost model used to develop life-cycle-costestimates.

    (ii) Design-to-cost. Describe the design-to-costobjective(s) and underlying assumptions, including the ratio-nale for quantity, learning-curve, and economic adjustmentfactors. Describe how objectives are to be applied, tracked,and enforced. Indicate specific related solicitation and con-tractual requirements to be imposed.

    (iii) Application of should-cost. Describe the appli-cation of should-cost analysis to the acquisition (see15.407-4).

    (4) Capability or performance. Specify the requiredcapabilities or performance characteristics of the supplies orthe performance standards of the services being acquired andstate how they are related to the need.

    (5) Delivery or performance-period requirements.Describe the basis for establishing delivery or performance-period requirements (see subpart 11.4). Explain and providereasons for any urgency if it results in concurrency of devel-opment and production or constitutes justification for not pro-viding for full and open competition.

    (6) Trade-offs. Discuss the expected consequences oftrade-offs among the various cost, capability or performance,and schedule goals.

    (7) Risks. Discuss technical, cost, and schedule risksand describe what efforts are planned or underway to reducerisk and the consequences of failure to achieve goals. If con-currency of development and production is planned, discussits effects on cost and schedule risks.

    (8) Acquisition streamlining. If specifically designatedby the requiring agency as a program subject to acquisitionstreamlining, discuss plans and procedures to—

    (i) Encourage industry participation by using draftsolicitations, presolicitation conferences, and other means ofstimulating industry involvement during design and develop-ment in recommending the most appropriate application andtailoring of contract requirements;

    (ii) Select and tailor only the necessary and cost-effective requirements; and

    (iii) State the timeframe for identifying which ofthose specifications and standards, originally provided forguidance only, shall become mandatory.

    (b) Plan of action—(1) Sources. (i) Indicate the prospective sources of supplies or

    services that can meet the need. (ii) Consider required sources of supplies or services

    (see part 8) and sources identifiable through databases includ-ing the Governmentwide database of contracts and other pro-curement instruments intended for use by multiple agenciesavailable at https://www.contractdirectory.gov/contractdirectory/.

    (FAC 2005-101)

  • 7.105 FEDERAL ACQUISITION REGULATION

    7.1-4

    (iii) Include consideration of small business, vet-eran-owned small business, service-disabled veteran-ownedsmall business, HUBZone small business, small disadvan-taged business, and women-owned small business concerns(see part 19).

    (iv) Consider the impact of any consolidation or bun-dling that might affect their participation in the acquisition(see 7.107) (15 U.S.C. 644(e) and 15 U.S.C. 657q). When theproposed acquisition strategy involves bundling, identify theincumbent contractors and contracts affected by the bundling.

    (v) Address the extent and results of the marketresearch and indicate their impact on the various elements ofthe plan (see part 10).

    (2) Competition.(i) Describe how competition will besought, promoted, and sustained throughout the course of theacquisition. If full and open competition is not contemplated,cite the authority in 6.302, discuss the basis for the applicationof that authority, identify the source(s), and discuss why fulland open competition cannot be obtained.

    (ii) Identify the major components or subsystems.Discuss component breakout plans relative to these majorcomponents or subsystems. Describe how competition will besought, promoted, and sustained for these components orsubsystems.

    (iii) Describe how competition will be sought, pro-moted, and sustained for spares and repair parts. Identify thekey logistic milestones, such as technical data delivery sched-ules and acquisition method coding conferences, that affectcompetition.

    (iv) When effective subcontract competition is bothfeasible and desirable, describe how such subcontract compe-tition will be sought, promoted, and sustained throughout thecourse of the acquisition. Identify any known barriers toincreasing subcontract competition and address how to over-come them.

    (3) Contract type selection. Discuss the rationale for theselection of contract type. For other than firm-fixed-price con-tracts, see 16.103(d) for additional documentation guidance.Acquisition personnel shall document the acquisition planwith findings that detail the particular facts and circum-stances, (e.g., complexity of the requirements, uncertain dura-tion of the work, contractor’s technical capability andfinancial responsibility, or adequacy of the contractor’saccounting system), and associated reasoning essential to sup-port the contract type selection. The contracting officer shallensure that requirements and technical personnel provide thenecessary documentation to support the contract type selec-tion.

    (4) Source-selection procedures. Discuss the source-selection procedures for the acquisition, including the timingfor submission and evaluation of proposals, and the relation-ship of evaluation factors to the attainment of the acquisitionobjectives (see subpart 15.3). When an EVMS is required (seeFAR 34.202(a)) and a pre-award IBR is contemplated, theacquisition plan must discuss—

    (i) How the pre-award IBR will be considered in thesource selection decision;

    (ii) How it will be conducted in the source selectionprocess (see FAR 15.306); and

    (iii) Whether offerors will be directly compensatedfor the costs of participating in a pre-award IBR.

    (5) Acquisition considerations. (i) For each contractcontemplated, discuss use of multiyear contracting, options,or other special contracting methods (see part 17); any specialclauses, special solicitation provisions, or FAR deviationsrequired (see subpart 1.4); whether sealed bidding or negoti-ation will be used and why; whether equipment will beacquired by lease or purchase (see subpart 7.4) and why; andany other contracting considerations. Provide rationale if aperformance-based acquisition will not be used or if a perfor-mance-based acquisition for services is contemplated on otherthan a firm-fixed-price basis (see 37.102(a), 16.103(d), and16.505(a)(3)).

    (ii) For each order contemplated, discuss—(A) For information technology acquisitions, how

    the capital planning and investment control requirements of40 U.S.C. 11312 and OMB Circular A-130 will be met (see7.103(v) and part 39); and

    (B) Why this action benefits the Government,such as when—

    (1) The agency can accomplish its missionmore efficiently and effectively (e.g., take advantage of theservicing agency’s specialized expertise; or gain access tocontractors with needed expertise); or

    (2) Ordering through an indefinite deliverycontract facilitates access to small business concerns, includ-ing small disadvantaged business concerns, 8(a) contractors,women-owned small business concerns, HUBZone smallbusiness concerns, veteran-owned small business concerns, orservice-disabled veteran-owned small business concerns.

    (iii) For information technology acquisitions usingInternet Protocol, discuss whether the requirements docu-ments include the Internet Protocol compliance requirementsspecified in 11.002(g) or a waiver of these requirements hasbeen granted by the agency’s Chief Information Officer.

    (iv) For each contract (and order) contemplated, dis-cuss the strategy to transition to firm-fixed-price contracts tothe maximum extent practicable. During the requirementsdevelopment stage, consider structuring the contract require-ments, i.e., line items, in a manner that will permit some, if notall, of the requirements to be awarded on a firm-fixed-pricebasis, either in the current contract, future option years, or fol-low-on contracts. This will facilitate an easier transition to afirm-fixed-price contract, because a cost history will be devel-oped for a recurring definitive requirement.

    (6) Budgeting and funding. Include budget estimates,explain how they were derived, and discuss the schedule forobtaining adequate funds at the time they are required (seesubpart 32.7).

    (7) Product or service descriptions. Explain the choiceof product or service description types (including perfor-mance-based acquisition descriptions) to be used in theacquisition.

    (8) Priorities, allocations, and allotments. Whenurgency of the requirement dictates a particularly short deliv-ery or performance schedule, certain priorities may apply. If

    (FAC 2005-101)

  • SUBPART 7.1—ACQUISITION PLANS 7.105

    7.1-5

    so, specify the method for obtaining and using priorities, allo-cations, and allotments, and the reasons for them (seesubpart 11.6).

    (9) Contractor versus Government performance.Address the consideration given to OMB Circular No. A-76(see subpart 7.3).

    (10) Inherently governmental functions. Address theconsideration given to subpart 7.5.

    (11) Management information requirements. Discuss,as appropriate, what management system will be used by theGovernment to monitor the contractor’s effort. If an EarnedValue Management System is to be used, discuss the method-ology the Government will employ to analyze and use theearned value data to assess and monitor contract performance.In addition, discuss how the offeror’s/contractor’s EVMS willbe verified for compliance with the Electronic Industries Alli-ance Standard 748 (EIA-748), Earned Value ManagementSystems, and the timing and conduct of integrated baselinereviews (whether prior to or post award). (See 34.202.)

    (12) Make or buy. Discuss any consideration given tomake-or-buy programs (see 15.407-2).

    (13) Test and evaluation. To the extent applicable,describe the test program of the contractor and the Govern-ment. Describe the test program for each major phase of amajor system acquisition. If concurrency is planned, discussthe extent of testing to be accomplished before productionrelease.

    (14) Logistics considerations. Describe—(i) The assumptions determining contractor or

    agency support, both initially and over the life of the acquisi-tion, including consideration of contractor or agency mainte-nance and servicing (see subpart 7.3), support for contracts tobe performed in a designated operational area or supporting adiplomatic or consular mission (see 25.301-3); and distribu-tion of commercial items;

    (ii) The reliability, maintainability, and quality assur-ance requirements, including any planned use of warranties(see part 46);

    (iii) The requirements for contractor data (includingrepurchase data) and data rights, their estimated cost, and theuse to be made of the data (see part 27); and

    (iv) Standardization concepts, including the neces-sity to designate, in accordance with agency procedures, tech-nical equipment as “standard” so that future purchases of theequipment can be made from the same manufacturing source.

    (15) Government-furnished property. Indicate any Gov-ernment property to be furnished to contractors, and discussany associated considerations, such as its availability or theschedule for its acquisition (see 45.102).

    (16) Government-furnished information. Discuss anyGovernment information, such as manuals, drawings, and testdata, to be provided to prospective offerors and contractors.Indicate which information that requires additional controls tomonitor access and distribution (e.g., technical specifications,maps, building designs, schedules, etc.), as determined by theagency, is to be posted via the enhanced controls of the GPEat https://www.fbo.gov (see 5.102(a)).

    (17) Environmental and energy conservation objec-tives. Discuss all applicable environmental and energy con-

    servation objectives associated with the acquisition (seepart 23), the applicability of an environmental assessment orenvironmental impact statement (see 40 CFR 1502), the pro-posed resolution of environmental issues, and any environ-mentally-related requirements to be included in solicitationsand contracts (see 11.002 and 11.303).

    (18) Security considerations. (i) For acquisitions deal-ing with classified matters, discuss how adequate security willbe established, maintained, and monitored (see subpart 4.4).

    (ii) For information technology acquisitions, discusshow agency information security requirements will be met.

    (iii) For acquisitions requiring routine contractorphysical access to a Federally-controlled facility and/or rou-tine access to a Federally-controlled information system, dis-cuss how agency requirements for personal identityverification of contractors will be met (see subpart 4.13).

    (iv) or acquisitions that may require Federal contractinformation to reside in or transit through contractor informa-tion systems, discuss compliance with subpart 4.19.

    (19) Contract administration. Describe how the con-tract will be administered. In contracts for services, includehow inspection and acceptance corresponding to the workstatement’s performance criteria will be enforced.

    (20) Other considerations. Discuss, as applicable:(i) Standardization concepts; (ii) The industrial readiness program;(iii) The Defense Production Act;(iv) The Occupational Safety and Health Act; (v) Support Anti-terrorism by Fostering Effective

    Technologies Act of 2002 (SAFETY Act) (see subpart 50.2);(vi) Foreign sales implications;(vii) Special requirements for contracts to be per-

    formed in a designated operational area or supporting a dip-lomatic or consular mission; and

    (viii) Any other matters germane to the plan not cov-ered elsewhere.

    (21) Milestones for the acquisition cycle. Address thefollowing steps and any others appropriate:

    Acquisition plan approval.Statement of work.Specifications.Data requirements.Completion of acquisition-package preparation.Purchase request.Justification and approval for other than full and opencompetition where applicable and/or any required D&Fapproval.Issuance of synopsis.Issuance of solicitation.Evaluation of proposals, audits, and field reports.Beginning and completion of negotiations.Contract preparation, review, and clearance.Contract award.

    (22) Identification of participants in acquisition planpreparation. List the individuals who participated in prepar-ing the acquisition plan, giving contact information for each.

    (FAC 2005-101)

  • 7.106 FEDERAL ACQUISITION REGULATION

    7.1-6

    7.106 Additional requirements for major systems.(a) In planning for the solicitation of a major system (see

    part 34) development contract, planners shall consider requir-ing offerors to include, in their offers, proposals to incorporatein the design of a major system—

    (1) Items which are currently available within the sup-ply system of the agency responsible for the major system,available elsewhere in the national supply system, or commer-cially available from more than one source; and

    (2) Items which the Government will be able to acquirecompetitively in the future if they are likely to be needed insubstantial quantities during the system’s service life.

    (b) In planning for the solicitation of a major system (seepart 34) production contract, planners shall consider requiringofferors to include, in their offers, proposals identifyingopportunities to assure that the Government will be able toobtain, on a competitive basis, items acquired in connectionwith the system that are likely to be acquired in substantialquantities during the service life of the system. Proposals sub-mitted in response to such requirements may include thefollowing:

    (1) Proposals to provide the Government the right to usetechnical data to be provided under the contract for competi-tive future acquisitions, together with the cost to the Govern-ment, if any, of acquiring such technical data and the right touse such data.

    (2) Proposals for the qualification or development ofmultiple sources of supply for competitive future acquisitions.

    (c) In determining whether to apply paragraphs (a) and (b)of this section, planners shall consider the purposes for whichthe system is being acquired and the technology necessary tomeet the system’s required capabilities. If such proposals arerequired, the contracting officer shall consider them in evalu-ating competing offers. In noncompetitive awards, the factorsin paragraphs (a) and (b) of this section, may be considered bythe contracting officer as objectives in negotiating thecontract.

    7.107 Additional requirements for acquisitions involving consolidation, bundling, or substantial bundling.

    7.107-1 General.(a) If the requirement is considered both consolidated and

    bundled, the agency shall follow the guidance regarding bun-dling in 7.107-3 and 7.107-4.

    (b) The requirements of this section 7.107 do not apply–(1) If a cost comparison analysis will be performed in

    accordance with OMB Circular A-76 (except 7.107-4 stillapplies);

    (2) To orders placed under single-agency task-ordercontracts or delivery-order contracts, when the requirementwas considered in determining that the consolidation or bun-dling of the underlying contract was necessary and justified;or

    (3) To requirements for which there is a mandatorysource (see 8.002 or 8.003), including supplies and servicesthat are on the Procurement List maintained by the Committeefor Purchase From People Who Are Blind or Severely Dis-

    abled or the Schedule of Products issued by Federal PrisonIndustries, Inc. This exception does not apply–

    (i) When the requiring agency obtains a waiver inaccordance with 8.604 or an exception in accordance with8.605 or 8.706; or

    (ii) When optional acquisitions of supplies and ser-vices permitted under 8.713 are included.

    7.107-2 Consolidation.(a) Consolidation may provide substantial benefits to the

    Government. However, because of the potential impact onsmall business participation, before conducting an acquisitionthat is a consolidation of requirements with an estimated totaldollar value exceeding $2 million, the senior procurementexecutive or chief acquisition officer shall make a writtendetermination that the consolidation is necessary and justifiedin accordance with 15 U.S.C. 657q, after ensuring that–

    (1) Market research has been conducted;(2) Any alternative contracting approaches that would

    involve a lesser degree of consolidation have been identified;(3) The determination is coordinated with the agency’s

    Office of Small Disadvantaged Business Utilization or theOffice of Small Business Programs;

    (4) Any negative impact by the acquisition strategy oncontracting with small business concerns has been identified;and

    (5) Steps are taken to include small business concernsin the acquisition strategy.

    (b) The senior procurement executive or chief acquisitionofficer may determine that the consolidation is necessary andjustified if the benefits of the acquisition would substantiallyexceed the benefits that would be derived from each of thealternative contracting approaches identified under paragraph(a)(2) of this subsection, including benefits that are quantifi-able in dollar amounts as well as any other specifically iden-tified benefits.

    (c) Such benefits may include cost savings or price reduc-tion and, regardless of whether quantifiable in dollaramounts–

    (1) Quality improvements that will save time orimprove or enhance performance or efficiency;

    (2) Reduction in acquisition cycle times; (3) Better terms and conditions; or(4) Any other benefit.

    (d) Benefits. (1) Benefits that are quantifiable in dollaramounts are substantial if individually, in combination, or inthe aggregate the anticipated financial benefits are equivalentto–

    (i) Ten percent of the estimated contract or ordervalue (including options) if the value is $94 million or less; or

    (ii) Five percent of the estimated contract or ordervalue (including options) or $9.4 million, whichever isgreater, if the value exceeds $94 million.

    (FAC 2005-101)

  • SUBPART 8.4—FEDERAL SUPPLY SCHEDULES 8.402

    8.4-1

    Subpart 8.4—Federal Supply Schedules

    8.401 Definitions.As used in this subpart—“Ordering activity” means an activity that is authorized to

    place orders, or establish blanket purchase agreements (BPA),against the General Services Administration’s (GSA) Multi-ple Award Schedule contracts. A list of eligible ordering activ-ities is available at http://www.gsa.gov/schedules (click “ForCustomers Ordering from Schedules” and then “Eligibility toUse GSA Sources”).

    “Multiple Award Schedule (MAS)” means contractsawarded by GSA or the Department of Veterans Affairs (VA)for similar or comparable supplies, or services, establishedwith more than one supplier, at varying prices. The primarystatutory authorities for the MAS program are 41 U.S.C.152(3), Competitive Procedures, and 40 U.S.C. 501, Servicesfor Executive Agencies.

    “Requiring agency” means the agency needing the sup-plies or services.

    “Schedules e-Library” means the on-line source for GSAand VA Federal Supply Schedule contract award information.Schedules e-Library may be accessed at http://www.gsa.gov/elibrary.

    “Special Item Number (SIN)” means a group of generi-cally similar (but not identical) supplies or services that areintended to serve the same general purpose or function.

    8.402 General.(a) The Federal Supply Schedule program is also known as

    the GSA Schedules Program or the Multiple Award ScheduleProgram. The Federal Supply Schedule program is directedand managed by GSA and provides Federal agencies (see8.004) with a simplified process for obtaining commercialsupplies and services at prices associated with volume buying.Indefinite delivery contracts are awarded to provide suppliesand services at stated prices for given periods of time. GSAmay delegate certain responsibilities to other agencies(e.g., GSA has delegated authority to the VA to procure med-ical supplies under the VA Federal Supply Schedules pro-gram). Orders issued under the VA Federal Supply Scheduleprogram are covered by this subpart. Additionally, the Depart-ment of Defense (DoD) manages similar systems of schedule-type contracting for military items; however, DoD systems arenot covered by this subpart.

    (b) GSA schedule contracts require all schedule contrac-tors to publish an “Authorized Federal Supply SchedulePricelist” (pricelist). The pricelist contains all supplies andservices offered by a schedule contractor. In addition, eachpricelist contains the pricing and the terms and conditions per-taining to each Special Item Number that is on schedule. Theschedule contractor is required to provide one copy of itspricelist to any ordering activity upon request. Also, a copy of

    the pricelist may be obtained from the Federal Supply Serviceby submitting a written e-mail request [email protected] or by telephone at1-800-488-3111. This subpart, together with the pricelists,contain necessary information for placing delivery or taskorders with schedule contractors. In addition, the GSA sched-ule contracting office issues Federal Supply Schedules publi-cations that contain a general overview of the Federal SupplySchedule (FSS) program and address pertinent topics. Order-ing activities may request copies of schedules publications bycontacting the Centralized Mailing List Service through theInternet at http://www.gsa.gov/cmls, submitting written e-mail requests to [email protected]; or by completing GSAForm 457, FSS Publications Mailing List Application, andmailing it to the GSA Centralized Mailing List Service (7SM),P.O. Box 6477, Fort Worth, TX 76115. Copies of GSAForm 457 may also be obtained from the above-referencedpoints of contact.

    (c)(1) GSA offers an on-line shopping service called “GSAAdvantage!” through which ordering activities may placeorders against Schedules. (Ordering activities may also useGSA Advantage! to place orders through GSA’s Global Sup-ply System, a GSA wholesale supply source, formerly knownas “GSA Stock” or the “Customer Supply Center.”FAR subpart 8.4 is not applicable to orders placed through theGSA Global Supply System.) Ordering activities may accessGSA Advantage! through the GSA F