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Acquisition Policy Flash! 12-05

What's Changed?

Expiration of FAR Subpart 13.5, Test Program for Certain Commercial Items

This is to advise you that Congress has not acted to extend the FAR Subpart 13.5, Test Program, this authority expired on January 1, 2012, and is not available for use.

Dated:  April 6, 2012

Background:  Section 4202(e) of the Clinger-Cohen Act (Division D of Public Law 104-106), as amended, authorized, a test program for certain commercial items, use of simplified procedures for acquisition of supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $6.5 million (or $12 million under certain circumstances).

The authority for the test has been extended a number of times, most recently by section 816 of the FY 10 National Defense Authorization Act, which extended the authority to solicitations that were issued before January 1, 2012.

Guidance:

1.  FAR 13.500(d) authorizes the Contracting Officer to award contracts after the test program expiration date for any solicitation that was issued under the test program prior to January 1, 2012.

For questions or concerns regarding this Acquisition Policy Flash, please contact Eyvonne Mallett, Senior Procurement Analyst, at va.procurement.policy@va.gov.