If using FAR 13.5, should you interpret the definition of the SAT threshold as changing from $250,000.00 to 7.5 million? For example, 42.903 states that the contracting officer shall insert the clause at 52.242-13 Bankruptcy, in all solicitation and contracts exceeding the simplified acquisition threshold. Should you put this clause in there if you are operating under the umbrella of FAR 13.5 and your contract, for example, is 1 million? Another example is FAR 13.005. Does 13.005 apply if using FAR 13.5?
DFAR 246.402 states that the use of a quality assurance surveillance plan is not based on the SAT but instead is based on the use of simplified acquisition procedures. Does the use of FAR 13.5 exempt you from the requirement of using a QASP based on DFAR 246.401?
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No, the Simplified Acquisition Threshold (SAT) is not changed by FAR subpart 13.5. It simply provides Contracting Officers the ability to use the simplified acquisition procedures for commercial products and commercial services for amounts greater than the SAT up to $7.5 million or $15 million depending on the situation.
The SAT will still remain as defined in FAR 2.101. All appropriate clauses and procedures, as well as the laws in FAR 13.005 will still apply. In the example, the FAR 52.242-13 Bankruptcy clause would still be required. However, FAR subpart 13.5 points to the use of FAR part 12, and FAR subpart 12.5 does provide exceptions for Commercial Products and Services.
Because DFARS 246.401 states there is an exception to the QASP requirement based on using simplified acquisition procedures (rather than the threshold) no QASP would be required.