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Only the requirement for the incorporation of the contractor procedures for the prevention and detection of violations, and the contractual requirement for contractor cooperation in investigations are inapplicable.

Although the Bonds statute does not apply to contracts at or below the simplified acquisition threshold, alternative forms of payment protection for suppliers of labor and material see The requirement at 22 U. The FAR Council may make exceptions when it determines in writing that it is in the best interest of the Government that the enactment should apply to contracts or subcontracts not greater than the simplified acquisition threshold. The Administrator, OFPP, will include the law on the list in paragraph a of this section unless the FAR Council makes a determination that it is applicable within 60 days of receiving the petition.

While certain statutes still apply, pursuant to Public Law, the following provisions and clauses are inapplicable to contracts and subcontracts at or below the simplified acquisition threshold:. Prompt payment discounts shall not be considered in the evaluation of quotations; and. Bulk funding is a system whereby the contracting officer receives authorization from a fiscal and accounting officer to obligate funds on purchase documents against a specified lump sum of funds reserved for the purpose for a specified period of time rather than obtaining individual obligational authority on each purchase document.

Bulk funding is particularly appropriate if numerous purchases using the same type of funds are to be made during a given period. Offices maintaining additional vendor source files or listings should identify the status of each source when the status is made known to the contracting office in the following categories:. Authorized individuals do not have to obtain individual quotations for each purchase. Standing price quotations may be used if-.

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. Unless the contract action requires synopsis pursuant to 5. Whenever practicable, request quotations or offers from two sources not included in the previous solicitation.

NSA files decoded: Edward Snowden's surveillance revelations explained

In these cases, a separate solicitation is not required. The contracting officer must include enough information to permit suppliers to develop quotations or offers. In soliciting competition, the contracting officer shall consider the guidance in Contracting officers are encouraged to use best value. Solicitations are not required to state the relative importance assigned to each evaluation factor and subfactor, nor are they required to include subfactors.

The documentation should state it is covering only the portion of the acquisition which is brand-name. The requirements at An agency should respond to inquiries received through any medium including electronic commerce if doing so would not interfere with the efficient conduct of the acquisition. Formal evaluation plans and establishing a competitive range, conducting discussions, and scoring quotations or offers are not required.

Contracting offices may conduct comparative evaluations of offers. Evaluation of other factors, such as past performance-. B Customer surveys, and past performance questionnaire replies;. D Any other reasonable basis. Before making award, the contracting officer must determine that the proposed price is fair and reasonable.

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The contracting officer may base the statement on-. However, inclusion of a price in a price list, catalog, or advertisement does not, in and of itself, establish fairness and reasonableness of the price;. In these instances, the contracting officer should inform the requiring activity of all facts regarding the quotation or offer and ask it to confirm or alter its requirement.

The file shall be documented to support the final action taken. Keep documentation to a minimum. The following illustrate the extent to which quotation or offer information should be recorded:. The contracting office should establish and maintain records of oral price quotations in order to reflect clearly the propriety of placing the order at the price paid with the supplier concerned.

In most cases, this will consist merely of showing the names of the suppliers contacted and the prices and other terms and conditions quoted by each. For acquisitions not exceeding the simplified acquisition threshold, limit written records of solicitations or offers to notes or abstracts to show prices, delivery, references to printed price lists used, the supplier or suppliers contacted, and other pertinent data. Include additional statements-. For acquisitions that do not exceed the simplified acquisition threshold and for which automatic notification is not provided through an electronic commerce method that employs widespread electronic public notice, notification to unsuccessful suppliers shall be given only if requested or required by 5.

If a supplier requests information on an award that was based on factors other than price alone, a brief explanation of the basis for the contract award decision shall be provided see This paragraph takes precedence over any other FAR requirement to the contrary, but does not prohibit the use of any clause. See 4.

See subpart 4. Many supplies or services are acquired subject to supplier license agreements. These are particularly common in information technology acquisitions, but they may apply to any supply or service. For example, computer software and services delivered through the internet web services are often subject to license agreements, referred to as End User License Agreements EULA , Terms of Service TOS , or other similar legal instruments or agreements.

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Many of these agreements contain indemnification clauses that are inconsistent with Federal law and unenforceable, but which could create a violation of the Anti-Deficiency Act 31 U. The clause at This clause prevents such violations of the Anti-Deficiency Act 31 U. Therefore, action to verify price reasonableness need only be taken if-. If competitive quotations were solicited and award was made to other than the low quoter, documentation to support the purchase may be limited to identification of the solicited concerns and an explanation for the award decision.

The Governmentwide commercial purchase card may be used by contracting officers and other individuals designated in accordance with 1. The card may be used only for purchases that are otherwise authorized by law or regulation. Agency procedures should not limit the use of the Governmentwide commercial purchase card to micro-purchases. Generally, inspection and acceptance should be at destination. When inspection and acceptance will be performed at destination, advance copies of the purchase order or equivalent notice shall be furnished to the consignee s for material receipt purposes.

Receiving reports shall be accomplished immediately upon receipt and acceptance of supplies;. Facsimile and electronic signature may be used in the production of purchase orders by automated methods. When obtaining oral quotes, the contracting officer shall inform the quoter of the EFT clause that will be in any resulting purchase order. A realistic monetary limitation, either for each line item or for the total order, shall be placed on each unpriced purchase order.

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The monetary limitation shall be an obligation subject to adjustment when the firm price is established. Now his image adorns a large plaque on the exterior of the hotel, appropriately facing away from the symbols of the new Russia on the next block—Bentley and Ferrari dealerships and luxury jewelers like Harry Winston and Chopard. When Snowden fled to Russia after stealing the largest cache of secrets in American history, some in Washington accused him of being another link in this chain of Russian agents.

But as far as I can tell, it is a charge with no valid evidence. I confess to feeling some kinship with Snowden. Like him, I was assigned to a National Security Agency unit in Hawaii—in my case, as part of three years of active duty in the Navy during the Vietnam War. Then, as a reservist in law school, I blew the whistle on the NSA when I stumbled across a program that involved illegally eavesdropping on US citizens.

I testified about the program in a closed hearing before the Church Committee, the congressional investigation that led to sweeping reforms of US intelligence abuses in the s. Finally, after graduation, I decided to write the first book about the NSA.


At several points I was threatened with prosecution under the Espionage Act, the same law under which Snowden is charged in my case those threats had no basis and were never carried out. He is a uniquely postmodern breed of whistle-blower. But he has nevertheless maintained a presence on the world stage—not only as a man without a country but as a man without a body.

When being interviewed at the South by Southwest conference or receiving humanitarian awards, his disembodied image smiles down from jumbotron screens. Of course, Snowden is still very cautious about arranging face-to-face meetings, and I am reminded why when, preparing for our interview, I read a recent Washington Post report.

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And since he disappeared into Russia, the US seems to have lost all trace of him. I do my best to avoid being followed as I head to the designated hotel for the interview, one that is a bit out of the way and attracts few Western visitors.


I take a seat in the lobby facing the front door and open the book I was instructed to bring. Just past one, Snowden walks by, dressed in dark jeans and a brown sport coat and carrying a large black backpack over his right shoulder. He laughs. He shops at a local grocery store where no one recognizes him, and he has picked up some of the language. He has learned to live modestly in an expensive city that is cleaner than New York and more sophisticated than Washington. Entering the room he has booked for our interview, he throws his backpack on the bed alongside his baseball cap and a pair of dark sunglasses.

He looks thin, almost gaunt, with a narrow face and a faint shadow of a goatee, as if he had just started growing it yesterday. He has on his trademark Burberry eyeglasses, semi-rimless with rectangular lenses. His pale blue shirt seems to be at least a size too big, his wide belt is pulled tight, and he is wearing a pair of black square-toed Calvin Klein loafers. Overall, he has the look of an earnest first-year grad student. As we sit down, he removes the battery from his cell phone.

I left my iPhone back at my hotel. Another is by avoiding areas frequented by Americans and other Westerners. D espite being the subject of a worldwide manhunt, Snowden seems relaxed and upbeat as we drink Cokes and tear away at a giant room-service pepperoni pizza. His 31st birthday is a few days away. Snowden still holds out hope that he will someday be allowed to return to the US.