The FAR Council is undertaking a systematic approach to revising the FARs. On September 18, 2025, it released its revisions to FAR Part 13, Simplified Acquisition Thresholds.
Redlines showing the additions and deletions to each of these sections of the FAR:
FAR Part 13, Simplified Acquisition Thresholds
FAR Part 13 implements simplified procedures for the acquisition of noncommercial products and services valued at or below the simplified acquisition threshold (SAT) in accordance with 41 U.S.C. 1901-1903, 1905, and 3305.
The FAR Council has taken a fundamentally different approach to FAR Part 13, including renaming it “Simplified Procedures for Noncommercial Acquisitions.” The FAR Council explained that:
The revision makes a clear distinction between simplified procedures for noncommercial acquisition covered in FAR part 13 model deviation and commercial acquisitions, which are now covered in FAR part 12 model deviation.
Accordingly, the focus of Part 13 is on the acquisition of noncommercial products and services valued at or below the simplified acquisition threshold (SAT), such that FAR Part 13 should be used if:
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- There are no commercial products or services that can satisfy the agency’s needs; and
- The supplies or services are not available from a required source.
Notably, Section 13.102, Small Business, retains the requirement that acquisitions of supplies or services with an anticipated dollar value above the micro-purchase threshold (MPT), but at or below the SAT, must be set aside for small business concerns:
13.102 Small business
Acquisitions of supplies or services that have an anticipated dollar value above the MPT, but at or below the SAT, must be set aside for small business concerns (see part 19).
Section 13.001 has also been updated with a “dynamic list of laws that do not apply to acquisitions valued at or below the SAT (41 U.S.C. 1905). This modernization will ensure the regulation points to a continuously updated official source rather than a static list (formerly at 13.005) that can become outdated.”
Additional changes include:
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- Section 13.101, Competition, states that agencies must promote competition to the maximum extent practicable when procuring noncommercial products and services valued at or below the SAT.
- Section 13.204, Contract Clauses, provides for a streamlined set of terms and conditions for inspection/acceptance, excusable delays, terminations, and warranties.
- Section 13.204 (c) now prohibits the use of FAR part 12 clause, 52.212-1 (Instructions to Offerors—Commercial Products and Commercial Services), 52.212-2 (Evaluation—Commercial Products and Commercial Services), and 52.212-4 (Contract Terms and Conditions—Commercial Products and Commercial Services), in noncommercial acquisitions.
The opinions expressed herein are solely those of the author. This article does not constitute legal advice. For legal advice for your situation, you should contact an attorney.
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