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  • Question

    I am trying to determine whether subcontracting plans are required when utilizing FAR 13.5 Test Program for the Acquistion of Certain Commercial Items. I understand the flexibility offered by FAR 13.003(g)(2), but the definition of negotiated acquisitions at FAR 15.000 throws me for a loop. It states all acquisitions that are not sealed bids are negotiated acquisitions. Does this definition of negotiated acquisitions also include acquisitions conducted under the test program at FAR 13.5? If so, can this be interpreted to mean a subcontracting plan is required pursuant to FAR 19.702(a)(1)?


    Answer

    Your contract is for more than the simplified acquisition threshold, as that threshold is $150,000. The fact that you are able to use simplified acquisition procedures in FAR Part 13 because of the Test Program for the Acquisition of Certain Commercial Items does NOT change this fact. The requirement for a subcontracting plan applies in your situation because your contract is for an amount greater than the $650,000 threshold for requiring a subcontracting plan. To address the other issue in your question, FAR 15.000 states "A contract awarded using other than sealed bidding procedures is a negotiated contract," so any contract not using sealed bidding procedures is a competitive acquisition (including yours).

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