Part 213-Small Purchase and Other Simplified Purchase Procedures
TABLE OF CONTENTS
213.000 Scope of part.
213.005 Federal Acquisition Streamlining Act of 1994 list of inapplicable laws.
SUBPART 213.1--GENERAL
213.101 Definitions.
SUBPART 213.2--BLANKET PURCHASE AGREEMENTS
213.203 Establishment of Blanket Purchase Agreements.
213.203-1 General.
213.203-2 Clauses.
213.204 Purchase under Blanket Purchase Agreements.
SUBPART 213.3--FAST PAYMENT PROCEDURE
213.302 Conditions for use.
SUBPART 213.4--IMPREST FUND
213.401 General.
213.402 Agency responsibilities.
213.403 Conditions for use.
SUBPART 213.5--PURCHASE ORDERS
213.503 Obtaining contractor acceptance and modifying purchase orders.
213.504 Termination or cancellation of purchase orders.
213.505 Purchase order and related forms.
213.505-1 Optional Form (OF) 347, Order for Supplies or Services, and
Optional Form 348, Order for Supplies or Services Schedule-
Continuation.
213.505-3 Standard Form 44, Purchase Order-Invoice-Voucher.
213.507 Provisions and clauses.
SUBPART 213.70--SIMPLIFIED ACQUISITION PROCEDURES UNDER THE
8(a) PROGRAM
213.7001 Policy.
213.7002 Procedures.
213.7003 Purchase orders.
213.7003-1 Obtaining contractor acceptance and modifying purchase orders.
213.7003-2 Contract clauses.
This part also implements 10 U.S.C. 2302(7) which increases the simplified acquisition threshold to $200,000 for any contract to be awarded and performed outside the United States in support of a contingency operation as defined in 10 U.S.C. 101(a)(13).
213.005 Federal Acquisition Streamlining Act of 1994 list of inapplicable laws.
(a) The restriction on use of funds appropriated for fiscal year 1998 in Section 8117 of the National Defense Appropriations Act for Fiscal Year 1998 (Pub. L. 105-56) is inapplicable to contracts at or below the simplified acquisition threshold (see 222.1304(b)).
"Contingency operation" is defined in 10 U.S.C. 101(a)(13) as a military operation that-
(1) Is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or
(2) Results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of Title 10, chapter 15 of Title 10, or any other provision of law during a war or during a national emergency declared by the President or Congress.
SUBPART 213.2--BLANKET PURCHASE AGREEMENTS
213.203 Establishment of Blanket Purchase Agreements.
(i) Prepare and issue blanket purchase agreements (BPAs) on DD Form 1155, Order for Supplies or Services.
(a) The clauses prescribed at 213.507 for purchase orders also apply to BPAs.
213.204 Purchase under Blanket Purchase Agreements.
(b) Individual purchases for subsistence may be made at any dollar value; however, the contracting officer shall satisfy the competition requirements of FAR Part 6 for any action not using simplified acquisition procedures.
SUBPART 213.3--FAST PAYMENT PROCEDURE
(a) Individual orders may exceed $25,000 for-
(i) Brand name commissary resale subsistence; and
(ii) Medical supplies for direct shipment overseas.
See DoDD 7360.10, Disbursing Policies, and Chapter 32 of the DoD Accounting Manual, DoD 7220.9-M.
213.402 Agency responsibilities.
(c) Installation commanders and commanders of other activities with contracting authority are responsible for approving the establishment of imprest funds.
(a) Overseas transactions in support of a contingency operation as defined in 10 U.S.C. 101(a)(13) may use imprest funds up to $2,500.
(c)(i) Additional conditions for use include-
(A) Availability for delivery within 60 days; and
(B) No requirement for detailed technical specifications or technical inspections.
(ii) When imprest funds are used for simplified acquisitions, the funds may also be used to pay charges for local delivery, parcel post, c.o.d. charges, and line haul or inter-city transportation charges when the supplier is to arrange for delivery.
SUBPART 213.5--PURCHASE ORDERS
213.503 Obtaining contractor acceptance and modifying purchase orders.
(a) Require written acceptance of purchase orders for classified acquisitions.
(b) Use Standard Form 30, Amendment of Solicitation/Modification of Contract, to modify purchase orders.
(d)(i) Unilateral modifications (see FAR 43.103) may also be used for-
(A) No cost amended shipping instructions (ASI) if-
(1) The ASI modifies a unilateral purchase order, and
(2) The contractor agrees verbally or in writing.
(B) Any change made before work begins if-
(1) The change is within the scope of the original order;
(2) The contractor agrees;
(3) The modification references the contractor's verbal or written agreement; and
(4) Block 13D of the Standard Form 30 is annotated to reflect the authority for issuance of the modification.
(ii) A supplemental agreement converts a unilateral purchase order to a bilateral agreement. If not previously included in the purchase order, incorporate the clauses prescribed in 213.507(a)(ii) in the Standard Form 30, Amendment of Solicitation/Modification of Contract, and obtain the contractor's acceptance by signature on the Standard Form 30.
213.504 Termination or cancellation of purchase orders.
(b) Use Standard Form 30 to cancel a unilateral purchase order.
213.505 Purchase order and related forms.
213.505-1 Optional Form (OF) 347, Order for Supplies or Services, and Optional Form 348, Order for Supplies or Services Schedule--Continuation.
Departments and agencies shall not use Optional Forms 347, Order for Supplies or Services, and 348, Order for Supplies or Services Schedule--Continuation.
(b)(i) Use DD Form 1155, Orders for Supplies or Services, (see 253.213(e)), for purchases made using the simplified acquisition procedures of FAR Part 13. The DD Form 1155 serves as-
(A) A purchase order or a blanket purchase agreement, when used with the clauses prescribed at 213.507(a);
(B) A delivery order under a Government contract or from Government agencies outside the DoD;
(C) A receiving and inspection report;
(D) A property voucher;
(E) A document for acceptance by the supplier; and
(F) A public voucher, when used as-
(1) A delivery order;
(2) The basis for payment of an invoice against blanket purchase agreements or basic ordering agreements when a firm price has been established; or
(3) A purchase order for acquisitions using simplified acquisition procedures.
(ii) The DD Form 1155 is also authorized for use for-
(A) Classified acquisitions when the purchase is made within the United States, its possessions, and Puerto Rico. Attach the DD Form 254, Contract Security Classification Specification, to the purchase order.
(B) Orders under departmental contracts or from Government agencies outside the DoD (see FAR Subparts 8.4, 8.6, 8.7, and 16.5).
213.505-3 Standard Form 44, Purchase Order-Invoice-Voucher.
(b)(1) The micro-purchase limitation applies to all purchases except that purchases up to the simplified acquisition threshold may be made for-
(A) Aviation fuel and oil;
(B) Overseas transactions by contracting officers in support of a contingency operation as defined in 10 U.S.C. 101(a)(13); and
(C) Transactions in support of intelligence and other specialized activities addressed by Part 2.7 of Executive Order 12333.
213.507 Provisions and clauses.
(a) Use the clauses in paragraphs (a)(i) through (iii) of this section, as applicable, in all purchase orders and blanket purchase agreements. The clauses listed in the following paragraphs (i) and (ii) may be incorporated by reference, except for
FAR 52.252-2, Clauses Incorporated by Reference. Any other clauses included in the purchase order shall be incorporated by reference or in full text as required by the matrix in FAR 52.3.
(i) Unilateral purchase orders-
(A) FAR 52.252-2, Clauses Incorporated by Reference (required only if other clauses are incorporated by reference);
(B) FAR 52.203-3, Gratuities;
(C) FAR 52.211-16, Variation in Quantity;
(D) FAR 52.222-3, Convict Labor (unless the order will be subject to the Walsh-Healey Public Contracts Act (see FAR Subpart 22.6));
(E) FAR 52.222-26, Equal Opportunity (unless exempt under FAR 22.807);
(F) FAR 52.225-3, Buy American Act-Supplies;
(G) FAR 52.232-1, Payments;
(H) FAR 52.232-25, Prompt Payment;
(I) FAR 52.232-28, Electronic Funds Transfer Payment Methods;
(J) FAR 52.233-1, Disputes;
(K) FAR 52.246-1, Contractor Inspection Requirements (except when an alternate level of quality assurance is necessary (see FAR 46.203 and 46.204)); and
(L) FAR 52.246-16, Responsibility for Supplies.
(ii) Bilateral purchase orders-
(A) The clauses in paragraph (a)(i) of this section;
(B) FAR 52.204-2, Security Requirements (if the acquisition is classified);
(C) FAR 52.243-1, Changes-Fixed Price (with appropriate alternate as necessary);
(D) 252.243-7001, Pricing of Contract Modifications;
(E) FAR 52.249-1, 52.249-4, or 52.249-5, Termination for Convenience of the Government; and
(F) FAR 52.249-8, 52.249-9, or 52.249-10, Default.
(iii) Any other clauses required by the prescription for their use.
SUBPART 213.70--SIMPLIFIED ACQUISITION PROCEDURES UNDER THE 8(a) PROGRAM
For sole source acquisitions under the 8(a) Program, contracting officers may use the procedures established in the Memorandum of Understanding cited in 219.800.
For acquisitions that are otherwise appropriate to be conducted using procedures set forth in this part, and also eligible for the 8(a) Program, contracting officers may use-
(1)(i) For sole source purchase orders not exceeding the simplified acquisition threshold, the procedures in 219.804-2(2); or
(ii) For other types of acquisitions, the procedures in Subpart 219.8, excluding the procedures in 219.804-2(2); or
(2) The procedures for award to the Small Business Administration in FAR Subpart 19.8.
213.7003-1 Obtaining contractor acceptance and modifying purchase orders.
The contracting officer need not obtain a contractor's written acceptance of a purchase order or modification of a purchase order for an acquisition under the 8(a) Program pursuant to 219.804-2(2).
Use the clauses prescribed in 219.811-3(1) and (3) for purchase orders under the 8(a) Program pursuant to the Memorandum of Understanding cited in 219.800.