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  • Question

    Am I required to post the RFQ for another 30 days or can I award directly to the 8(a) vendor who provided a reasonable quote?


    Answer

    It appears that the requirement to post for an additional 30 days is based on DFARS 208.404(a)(i) which states that if only one offer is received in response to an order exceeding the SAT that is placed on a competitive basis, the procedures @ DFARS 215.371 apply. The policy at DFARS 215.371 states that if only one offer is received in response to a competitive solicitation, the contracting officer is to take the required actions to promote competition (see DFARS 215.371-2 Promote Competition). This sections states that if the solicitation allowed fewer than 30 days for receipt of proposals, the contracting officer shall consult with the requiring activity as to whether requirements should be revised in order to promote competition and resolicit, allowing an additional period of 30 days for receipt of proposals. However DFARS 215.371-4 Exceptions @ paragraph (a) (3) makes 8a set-asides an exception to the policy @ DFARS 215.371-2.

    However this exception does not eliminate the need for the contracting officer to seek maximum practicable competition and to ensure that price is fair and reasonable. Based on the background information provided, the requirement to seek maximum practicable competition was met by posting the RFQ on GSA's electronic RFQ system which provides fair notice to all schedule contractors offering the supplies/services as required by
    FAR 8.405-1, -2 and -3. And the question posed indicates the 8(a) vendor provided a reasonable quote which would meet the requirement of ensuring that the price is fair and reasonable since some type of analysis should have been done for you to arrive @ the conclusion that the quote is reasonable. Therefore, on the basis of the aforementioned, there is no need to post the RFQ for another 30 days, however it is advised that you check with your local policy office to ensure you are acting in accordance with any local policy that could apply.

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