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    TDB


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    1. The FAR references quoted below in pertinent part are applicable to this response.

    FAR 13.003 -- Policy
    (g) Authorized individuals shall make purchases in the simplified manner that is most suitable, efficient, and economical based on the circumstances of each acquisition. For acquisitions not expected to exceed
      (2) $6.5 million ($12 million for acquisitions as described in 13.500(e)), for commercial items, use any appropriate combination of the procedures in Parts 12, 13, 14, and 15

    FAR 13.106-3 -- Award and Documentation
    (b) File documentation and retention. Keep documentation to a minimum. Purchasing offices shall retain data supporting purchases (paper or electronic) to the minimum extent and duration necessary for management review purposes (see subpart 4.8).

    FAR 15.206 -- Amending the Solicitation
    (a) When, either before or after receipt of proposals, the Government changes its requirements or terms and conditions, the Contracting Officer shall amend the solicitation.

    (c) Amendments issued after the established time and date for receipt of proposals shall be issued to all offerors that have not been eliminated from the competition.

    2. Unlike FAR Part 15, FAR Part 13 does not specify any specific procedures for amending solicitations. However, as indicated in FAR 13.002, the purpose of FAR Part 13 is to reduce administrative costs and to promote efficiency and economy of contracting. Furthermore, given that you acquisition involves a commercial item less than $6.5 million, then pursuant to FAR 13.003(g)(2), the Contracting Officer may use any appropriate procedures set forth in FAR Part 15. As stated in FAR 15.206(a), a solicitation amendment must be issued because there is a change in the terms and conditions, but pursuant to FAR 15.206(c), this amendment need only be issued to those firms that submitted offers (in this case, quotes). Therefore, based on these stated policy and procedures, it is our opinion that you may issue the RFQ amendment only to the two firms that have submitted quotes, and you do not need to re-solicit the requirement. You should document the contract file accordingly in accordance with FAR 13.106-3.

    3. Additionally, we recommend that your amendment state the full text of that portion of DFARS 225.401-70 that requires that tires and tubes are subject to the Trade Agreements Act, provide the full text of clause DFARS 252.225-7021, and explain that because the delivery of Chinese manufactured tires is not permitted under these contract terms, any quote that proposes to provide such tires would be considered as technically unacceptable for this LPTA procurement.

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