(a) The following officials may authorize a deviation for an IA acquisition: ------------------------------------------------------------------------For a proposed contract action . . The following official may authorize
. a deviation . . .------------------------------------------------------------------------Exceeding $25,000 but not The CCO (or the IA Procurement
exceeding $550,000. Chief, absent a CCO).Exceeding $550,000 but not IA Competition Advocate.
exceeding $11.5 million.Exceeding $11.5 million but not The head of the procuring activity,
exceeding $57 million. 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.------------------------------------------------------------------------
(b) Deviations may be authorized prior to issuing the solicitation when IA makes the following determinations and the appropriate official takes the following actions: ------------------------------------------------------------------------
Acquisition type Basis for deviation Necessary actions------------------------------------------------------------------------In pursuit of a simplified IA determines after The official must:
or commercial item a market survey (1) Document the
acquisition in accordance that there is no reasons for the
with FAR Parts 12 or 13 and reasonable deviation in the
DIAR 1413. expectation of file;
obtaining offers (2) Ascertain the
that will be availability of
competitive in small business
terms of market suppliers through
price, quality, and market research;
delivery from two and
or more responsible (3) If appropriate,
ISBEEs (or at least compete the
from one such purchase using an
enterprise, if the unrestricted small
purchase does not business set-aside
exceed the dollar as prescribed in
threshold described FAR 19.502-2.
in FAR 13.003).In pursuit of all other IA determines that The official must:
acquisitions. there is no (1) Provide a
reasonable written
expectation that determination in
offers will be the contract file
received from two stating there is no
or more responsible reasonable
IEEs at a expectation of
reasonable and fair receiving offers
market price. 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.------------------------------------------------------------------------
(c) Deviations may be authorized after issuing solicitations when IA makes the following determinations and the appropriate official takes the following actions: ------------------------------------------------------------------------
Acquisition type Basis for deviation Necessary actions------------------------------------------------------------------------In pursuit of a simplified Only one offer is The official must:
or commercial item received from a (1) Document the
acquisition in accordance responsible ISBEE reasons for the
with FAR Parts 12 or 13 and and the price is deviation in the
DIAR 1413. unreasonable or no file;
offers are received (2) Ascertain the
from a responsible availability of
ISBEE. small business
suppliers through
market research;
and
(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 The Indian tribe IA must proceed
acquisitions. justifies a under PL 93-638.
deviation under
1480.504-1(b)(2).
(1) All otherwise The official must:
acceptable offers (1) Cancel the
received from IEEs solicitation;
are unreasonable; (2) Reject all
(2) Only one offer offers in writing
is received from an in accordance with
IEE and the CO FAR 14.404-3; and
determines the (3) Complete the
price to be acquisition by
unreasonable; or. either:
(3) No responsive (i) Using
offers have been negotiation,
received from IEEs.. 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.------------------------------------------------------------------------
(d) In response to a set-aside acquisition, when using competitive proposals, proposals may be rejected by a written determination by the CCO that a reasonable price cannot be negotiated.
Subpart 1480.5_Procedures