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  • Question

    Which one overrules which? Does DISA have a choice to set aside like GSA suggests or does FAR 19-502-2 dictate fair opportunity procedures?


    Answer

    You are placing a task order under a GSA Schedule contract.  You should follow FAR part 8.  FAR 8.405-5 states, "a) Although the preference programs of part 19 are not mandatory in this subpart, in accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r))--(1) Ordering activity contracting officers may, at their discretion--(i) Set aside orders for any of the small business concerns identified in 19.000(a)(3); and (ii) Set aside BPAs for any of the small business concerns identified in 19.000(a)(3)."

    As you note, FAR 16.505(b)(s)(i)(F) states, "In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply."

    Also the GSA EIS Fair Opportunity and Ordering Guide states all task orders are subject to fair opportunity as defined in FAR 16.505.

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