Code of Federal Regulations Title 48. Federal Acquisition Regulations System 48.1480.403 Deviations

Exceeding $25,000 but not exceeding $550,000

The CCO (or the IA Procurement Chief, absent a CCO).

Exceeding $550,000 but not exceeding $11.5 million

IA Competition Advocate.

Exceeding $11.5 million but not exceeding $57 million

The head of the procuring activity, or a designee who is a civilian serving in a position in a grade above GS-15 under the General Schedule or in a comparable or higher position under another schedule.

Exceeding $57 million

Department of the Interior Senior Procurement Executive.

In pursuit

IA determines after a

The official must:

   of a simplified or commer–

   market survey that there is no reasonable expectation of

(1) Document the reasons for the deviation in the file;

   cial item acquisition in accordance

   obtaining offers that will be competitive in terms of market price, quality, and delivery

(2) Ascertain the availability of small business suppliers through market research; and

   with FAR Parts 12 or 13 and DIAR 1413

   from two or more responsible ISBEEs (or at least from one such enterprise, if the purchase does not exceed the dollar threshold described in FAR 13.003)

(3) If appropriate, compete the purchase using an unrestricted small business set-aside as prescribed in FAR 19.502-2.

In pursuit

IA determines that

The official must:

   of all other acquisitions

   there is no reasonable expectation that offers will be received from two or more responsible IEEs at a reasonable and fair market price

(1) Provide a written determination in the contract file stating there is no reasonable expectation of receiving offers from two or more responsible IEEs and that award cannot be made at a reasonable and fair market price; and

(2) Proceed with the acquisition using the order of precedence established in FAR 8.001.

In pursuit

Only one offer is re–

The official must:

   of a simplified or commer–

   ceived from a responsible ISBEE and the price is un–

(1) Document the reasons for the deviation in the file;

   cial item acquisition in accordance

  reasonable or no offers are received from a responsible

(2) Ascertain the availability of small business suppliers through market research; and

   with FAR Parts 12 or 13 and DIAR 1413

  ISBEE

(3) If appropriate, compete the purchase using an unrestricted small business set-aside as prescribed in FAR 19.502-2.

In pursuit of all other acqui–sitions

The Indian tribe justifies a deviation under 1480.504-1(b)(2)

IA must proceed under PL 93-638.

(1) All otherwise ac–

The official must:

    ceptable offers received from IEEs are unreasonable;

(1) Cancel the solicitation;

(2) Only one offer is received from an IEE and the CO determines the price to be unreasonable; or

(2) Reject all offers in writing in accordance with FAR 14.404-3; and

(3) No responsive offers have been re–

(3) Complete the acquisition by either:

    ceived from IEEs.

(i) Using negotiation, provided the CO has obtained the approval required by FAR 14.404-1; or

(ii) If negotiation with the offerors responding to the canceled solicitation is not authorized, the CO must proceed with a new acquisition using the order of precedence in FAR 8.001.