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  • Question

    Is it appropriate to simply post an RFQ and accompanying brand name justification letter to GSA eBuy when we know ahead of time that we are only going to get one response from the manufacturer of the software itself (again, since they are the vendor on GSA), or should this be handled more like a sole source? If we handle more like a sole source, do we simply make a GSA award to the manufacturer of the software itself, and then post a limited sources justification to FBO within 14 days of award, and for 30 days (IAW FAR 8.405-6(a)(2)(i))? Struggling with the fact that this is available on GSA, but only through one source.

    Answer

    According to FAR 8.404, BPAs and orders placed against a Multiple Award Schedule pursuant to FAR subpart 8.4 are considered issued using full and open competition.  Therefore, the concern about whether we get one response or many seems irrelevant until you look at agency level regulations (i.e. DFARS 208.404, which requires additional steps to promote competition and evaluation of price).
     
    FAR 8.402(d)(1)(ii) does require that you post an RFQ on e-buy when there are brand name specifications.  It does sound like you are limiting sources under FAR 8.405-6(b), but not certain whether you can say you are limiting sources under (a) since (a) is used for proposed orders exceeding the micro-purchase threshold not placed or established using the procedures of FAR 8.405-2 (services requiring a statement of work) or 8.405-3 (blanket purchase agreements).  Therefore, if you are using FAR 8.405-2 or 8.405-3, the requirements of FAR 8.405-6(a) to post to the GPE do not apply. 
     
    FAR 8.405-1(d) spells out other requirements that need to be followed but none of these specify publicizing the justification or requirement on the GPE in cases of brand name specifications.  However, your organization may have a policy or regulation that speaks to whether or not you should/shall post a notice on the GPE in cases where you only have one known offeror.
     
    You should also be aware of the requirements in the DFARS (if the DFARS applies to your organization) concerning Enterprise Software Initiative (DFARS 208.7402).

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