FAR 13.501—Special documentation requirements.
Plain-English Summary
FAR 13.501 sets out the special documentation rules that apply when an agency uses simplified acquisition procedures for a sole-source or brand-name acquisition under FAR subpart 13.5. It explains when a written justification is required, what that justification must look like, who must approve it at different dollar thresholds, and how the justification must be made public. The section also requires the contracting officer to document the contract file with the procedures used, the number of offers received, the basis for the award decision, and the approved justification. In practice, this section is important because it preserves transparency and competition safeguards even though simplified acquisition procedures are exempt from the full Part 6 competition requirements. It also creates a clear approval chain for higher-dollar sole-source actions, including special rules for brand-name portions of an acquisition and for public posting timelines after award.
Key Rules
Sole-source justification required
A sole-source acquisition, including a brand-name acquisition, may be conducted under FAR subpart 13.5 only if the need is justified in writing and approved at the required level. The justification must be prepared using the format at FAR 6.303-2, with modifications to show that FAR subpart 13.5 and the authority of 41 U.S.C. 1901 or 1903 were used.
Public posting of justifications
Justifications required under this section must be made publicly available after award, generally within 14 days, or within 30 days in cases of unusual and compelling urgency. Brand-name justifications must be posted with the solicitation, following FAR 5.102(a)(6), and the public posting rules in FAR 6.305(b), (d), (e), and (f) apply.
Approval levels depend on dollar value
Approval authority increases as the dollar value rises. For actions above the simplified acquisition threshold but not over $900,000, the contracting officer’s certification can serve as approval unless the agency requires a higher level; above that, approvals must come from designated competition advocates or other specified officials, with nondelegable authority at higher thresholds.
Higher thresholds for major agencies
For proposed contracts over $20 million but not over $90 million, or for DoD, NASA, and the Coast Guard over $150 million, approval must come from the head of the procuring activity or another specified senior official. For contracts above $90 million, or above $150 million for DoD, NASA, and the Coast Guard, approval must come from the highest specified official under FAR 6.304(a)(4), subject only to the limited delegation allowed there.
Partial brand-name coverage allowed
If only part of the acquisition requires a brand-name justification, the justification should say so explicitly. In that case, the approval level requirements apply only to the brand-name portion, not necessarily to the entire acquisition.
Contract file documentation required
The contract file must include a brief written description of the procedures used, including that FAR subpart 13.5 procedures were used, the number of offers received, an explanation of the award decision tailored to the size and complexity of the acquisition, and any approved justification.
Responsibilities
Contracting Officer
Determine whether a sole-source or brand-name acquisition under FAR subpart 13.5 is justified, prepare the justification in the required format, certify accuracy and completeness where that certification is the approval, ensure the correct approval level is obtained, post or arrange for posting of required public notices, and place all required documentation in the contract file.
Approving Official
Review and approve the justification at the level required by the dollar threshold and agency structure. At the higher levels identified in this section, the approval authority is nondelegable except where FAR 6.304(a)(4) permits limited delegation.
Competition Advocate / Designated Senior Official
Approve justifications for acquisitions in the threshold range assigned to this official, ensuring the sole-source or brand-name rationale is valid and adequately documented.
Agency / Procuring Activity
Establish any higher internal approval levels allowed by the FAR, designate the required competition advocate or other officials, and ensure public posting and file documentation procedures are followed consistently.
Contract File Custodian / Acquisition Team
Maintain a complete file containing the written description of procedures, number of offers received, award rationale, and approved justification so the record supports the procurement decision and later review.
Practical Implications
This section is a documentation and approval checkpoint, not just a paperwork exercise. If the justification is incomplete, approved by the wrong official, or not posted on time, the acquisition can be vulnerable to protest, audit findings, or internal compliance issues.
Brand-name requirements need careful scoping. If only one line item or portion of the buy is brand-name, the justification should be limited to that portion so the approval burden does not unnecessarily expand to the entire acquisition.
The dollar thresholds matter a lot, and they are not all the same across agencies. Contracting officers must confirm whether the general civilian thresholds apply or whether the DoD/NASA/Coast Guard thresholds control.
The contract file must tell the story of the award decision. Even when simplified acquisition procedures are used, the file still needs enough detail to show how the award was made, how many offers were received, and why the selected offer was chosen.
Public posting deadlines are easy to miss. Sole-source justifications generally must be posted after award, while brand-name justifications must be posted with the solicitation, so teams should build these steps into the acquisition schedule from the start.
Official Regulatory Text
(a) Sole source (including brand name) acquisitions. (1) Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in part 6 . However, contracting officers must- (i) Conduct sole source acquisitions, as defined in 2.101 , (including brand name) under this subpart only if the need to do so is justified in writing and approved at the levels specified in paragraph (a)(2) of this section; (ii) Prepare sole source (including brand name) justifications using the format at 6.303-2 , modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C.1901 or the authority of 41 U.S.C. 1903 ; (iii) Make publicly available the justifications (excluding brand name) required by 6.305 (a) within 14 days after contract award or in the case of unusual and compelling urgency within 30 days after contract award, in accordance with 6.305 procedures at paragraphs (b), (d), (e), and (f); and (iv) Make publicly available brand name justifications with the solicitation, in accordance with 5.102 (a)(6). (2) Justifications and approvals are required under this subpart for sole-source (including brand-name) acquisitions or portions of an acquisition requiring a brand-name. If the justification is to cover only the portion of the acquisition which is brand-name, then it should so state; the approval level requirements will then only apply to that portion. (i) For a proposed contract exceeding the simplified acquisition threshold, but not exceeding $900,000, the contracting officer's certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief will serve as approval, unless a higher approval level is established in accordance with agency procedures. (ii) For a proposed contract exceeding $900,000 or the thresholds in paragraph (1) of the definition of simplified acquisition threshold in 2.101 , but not exceeding $20 million, the advocate for competition for the procuring activity, designated pursuant to 6.501 ; or an official described in 6.304 (a)(3) or (a)(4) must approve the justification and approval. This authority is not delegable. (iii) For a proposed contract exceeding $20 million but not exceeding $90 million or, for DoD, NASA, and the Coast Guard, not exceeding $150 million, the head of the procuring activity or the official described in 6.304 (a)(3) or (a)(4) must approve the justification and approval. This authority is not delegable. (iv) For a proposed contract exceeding $90 million or, for DoD, NASA, and the Coast Guard, $150 million, the official described in 6.304 (a)(4) must approve the justification and approval. This authority is not delegable except as provided in 6.304 (a)(4). (b) Contract file documentation. The contract file must include- (1) A brief written description of the procedures used in awarding the contract, including the fact that the procedures in FAR subpart 13.5 were used; (2) The number of offers received; (3) An explanation, tailored to the size and complexity of the acquisition, of the basis for the contract award decision; and (4) Any justification approved under paragraph (a) of this section.