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    Can this be considered one-source or is an LSJ required?


    Answer

    1. The FAR references quoted below in pertinent part are applicable to this response.

    FAR 8.405 – Ordering Procedures for Federal Supply Schedules
    FAR 8.405-1 – Ordering Procedures for Supplies, and Services Not Requiring a Statement of Work
    (a) Ordering activities shall use the procedures of this subsection when ordering supplies and services that are listed in the schedules contracts at a fixed price for the performance of a specific task, where a statement of work is not required (e.g., installation, maintenance, and repair).

    (c) Orders exceeding the micro-purchase threshold but not exceeding the simplified acquisition threshold. Ordering activities shall place orders with the schedule contractor that can provide the supply or service that represents the best value. Before placing an order, an ordering activity shall:
      (1) Consider reasonably available information about the supply or service offered under MAS contracts … by requesting quotations from at least three schedule contractors or
      (2) Document the circumstances for restricting consideration to fewer than three schedule contractors based on one of the reasons at 8.405-6(a).

    (f) In addition to price …, when determining best value, the ordering activity may consider, among other factors, the following:
      (1) Past performance.
      (2) Special features of the supply or service required for effective program performance.
      (3) Trade-in considerations.
      (4) Probable life of the item selected as compared with that of a comparable item.
      (5) Warranty considerations.
      (6) Maintenance availability.
      (7) Environmental and energy efficiency considerations.
      (8) Delivery terms.

    FAR 8.405-2 – Ordering Procedures for Services Requiring a Statement of Work
    (c) Request for Quotation procedures. The ordering activity must provide the Request for Quotation (RFQ), which includes the statement of work and evaluation criteria (e.g., experience and past performance), to schedule contractors that offer services that will meet the agency's needs. The RFQ may be posted to GSA's electronic RFQ system, e-Buy.
      (2) For orders exceeding the micro-purchase threshold, but not exceeding the simplified acquisition threshold.  (ii) The ordering activity shall provide the RFQ (including the statement of work and evaluation criteria) to at least three schedule contractors that offer services that will meet the agency's needs or document the circumstances for restricting consideration to fewer than three schedule contractors based on one of the reasons at 8.405-6(a).

    (d) Evaluation. The ordering activity shall evaluate all responses received using the evaluation criteria provided to the schedule contractors. The ordering activity is responsible for considering the level of effort and the mix of labor proposed to perform a specific task being ordered, and for determining that the total price is reasonable. Place the order with the schedule contractor that represents the best value (see 8.404(d) and 8.405-4).

    (f) Minimum documentation. The ordering activity shall document—
      (1) The schedule contracts considered, noting the contractor from which the service was purchased;
      (4) The evaluation methodology used in selecting the contractor to receive the order;
      (5) The rationale for any tradeoffs in making the selection;
      (6) The price reasonableness determination required by paragraph (d) of this subsection;

    FAR 8.405-4 – Price Reductions
    Ordering activities may request a price reduction at any time before placing an order … . However, the ordering activity shall seek a price reduction when the order … exceeds the simplified acquisition threshold.

    2. If this FSS acquisition did not require a statement of work, then pursuant to FAR 8.405-1(c)(1), a Limited Sources Justification (LSJ) would not be required because quotations received from at least three FSS schedule contractors were considered for award. However, as implied by FAR 8.405-1(f), we believe that the Contracting Officer should document the reasons why each of the other quotations did not comply with the solicitation’s requirements and therefore did not provide the Government with the best value. Additionally, while not required, because only one quote was found to fully comply with the solicitation’s requirements, we believe that the Contracting Officer should seek a price reduction as permitted by FAR 8.405-4 before placing the order.

    3. If this FSS acquisition did require a statement of work, then pursuant to FAR 8.405-2(c)(2)(ii), an LSJ would still not be required because quotations received from at least three FSS schedule contractors were considered for award. However in this case, an LSJ would not be required if the solicitation included evaluation criteria pursuant to FAR 8.405-2(c)(2)(ii), if the evaluation was conducted using the evaluation criteria provided to the schedule contractors pursuant to FAR 8.405-2(d), and if the file contains the minimum documentation required by FAR 8.405-2(f) as described above. Again, while not required, because only one quote was found to fully comply with the solicitation’s requirements, we believe that the Contracting Officer should seek a price reduction as permitted by FAR 8.405-4 before placing the order.


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