I actually have a few questions pertaining to AbilityOne:
1) FAR 15.002 states that in sole source acquisitions RFP's should be tailored to remove unnecessary information and requirements; e.g., evaluation criteria and voluminous proposal preparation instructions. Does this mean that we do not evaluate price or past performance? If removed what are we evaluating or even going into negotiations for? If not Best Value or LPTA then what would it be?
2) FAR 8.707(a) states that the prices of items on the Procurement List are fair market prices established by the Committee. If the prices are fair then why do we go into negotiation? Why not just enter into discussions to correct proposal deficiencies? Also since every custodial contract should be acquired through AbilityOne what would we compare for pricing if a determination is needed? Wouldnt it be useless to compare to a different base since they are also using AbilityOne?
1. You have to evaluate price in all acquisitions (FAR 15.304(c)(1)). FAR 15.002
is referring to evaluation factors, etc. Past performance must also be evaluated unless the contracting officer documents why it wasn't done (FAR 15.304(c)(3)(iii)
2. Negotiation/discussions are a contracting officer's decision based upon the particular circumstances of the acquisition. If you do not feel the prices are fair and reasonable, you would then negotiate. You can base negotiations to prices of previous acquistions, similar acquisitions, etc. You can compare similar services at different bases to help establish fair and reasonableness. You can also rely on the fact that
The following link discusses fair market price determinations on AbilityOne contracts
. See also FAR 8.707
8.707 -- Prices.
(a) The prices of items on the Procurement List are fair market prices established by the Committee. All prices for supplies ordered under this subpart are f.o.b. origin.
(b) Prices for supplies are normally adjusted semiannually. Prices for services are normally adjusted annually.
(c) The Committee may request the agency responsible for acquiring the supplies or service to assist it in establishing or revising the fair market price. The Committee has the authority to establish prices without prior coordination with the responsible contracting office.
(d) Price changes shall normally apply to all orders received by the AbilityOne participating nonprofit agency on or after the effective date of the change. In special cases, after considering the views of the ordering office, the Committee may make price changes applicable to orders received by the AbilityOne participating nonprofit agency prior to the effective date of the change.
(e) If an ordering office desires packing, packaging, or marking of supplies other than the standard pack as provided on the Procurement List, any difference in costs shall be included as a separate item on the nonprofit agency’s invoice. The ordering office shall reimburse the nonprofit agency for these costs.
(f) Ordering offices may make recommendations to the Committee at any time for price revisions for supplies and services on the Procurement List.