48 C.F.R. § 13.104

13.104 Promoting competition.

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The contracting officer must promote competition to the maximum extent practicable to obtain supplies and services from the source whose offer is the most advantageous to the Government, considering the administrative cost of the purchase.

(a) The contracting officer must not—

(1) Solicit quotations based on personal preference; or

(2) Restrict solicitation to suppliers of well-known and widely distributed makes or brands.

(b) If using simplified acquisition procedures and not providing access to the notice of proposed contract action and solicitation information through the Governmentwide point of entry (GPE), maximum practicable competition ordinarily can be obtained by soliciting quotations or offers from sources within the local trade area. Unless the contract action requires synopsis pursuant to 5.101 and an exception under 5.202 is not applicable, consider solicitation of at least three sources to promote competition to the maximum extent practicable. Whenever practicable, request quotations or offers from two sources not included in the previous solicitation.

[62 FR 64917, Dec. 9, 1997, as amended at 63 FR 58593, Oct. 30, 1998; 66 FR 27413, May 16, 2001; 68 FR 56679, Oct. 1, 2003; 72 FR 63076, Nov. 7, 2007; 89 FR 61330, July 30, 2024]

Notes of Decisions

Cited in 3 cases, 1987–2006 · leading case: Keeton Corrections, Inc. v. United States

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Keeton Corrections, Inc. v. United States (2004) uscfc “In any event, as purchase orders for the needed service can be awarded and there are available facilities in Memphis to perform the needed services during the protest period, no valid basis for the override of the automatic stay has been shown to exist.”

Management Ass'n for Private Photogrammetric Surveyors v. United States (2006) vaed “See 48 C.F.R. §§ 13.104 , 13.106-1, 13.106-3(a)(l) (Simplified Acquisition Procedures); 48 C.”

Integrity Management International, Inc. v. Tombs & Sons, Inc. (1987) ca10 “Because procurement officers may consider factors other than the lowness of the bids offered, see 48 C.F.R. §§ 13.104 , 14.407-2, 15-605(b) (1987), familiarity with a previous awardee would presumably work to that firm’s benefit when procurement officers make future decisions.”

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