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  • Question

    If a particular item is available via GSA from only one vendors schedule, is it considered a sole source requirement or competitive due to it being on GSA?


    Answer

    This response is based on the information provided.  We suggest you discuss with your contracting and finance team, program manager and/or legal department as appropriate.

     

    We suggest you speak with your local Army policy shop for its understanding of the issue and Army implementation of same.

    Having said that, Class Deviation 2014-O00114  provides guidance.  The deviation language supersedes FAR 8.404(d), Pricing.

     

    It states, "(d)  Pricing. Supplies offered on the schedule are listed at fixed prices.  Services offered on the schedule are priced either at hourly rates, or at a fixed price for performance of a specific task (e.g., installation, maintenance, and repair).  GSA has determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, to be fair and reasonable for the purpose of establishing the schedule contract.   GSA's determination does not relieve the ordering activity contracting officer from the responsibility of making a determination of fair and reasonable pricing for individual orders, BPAs, and order under BPAs, using the proposal analysis techniques at 15.404-1.  The complexity and circumstances of each acquisition should determine the level of detail of the analysis required."

     

    Given the requirement and your situation, we believe you are compelled to do some additional market research to see if there are other sources in the marketplace that can meet your requirement that are similar in price, delivery and performance.  If you find no other sources that meet your requirement and you have made your determination in concert with FAR 15.404-1 analysis techniques; then write up a detailed memo for file explaining the efforts pursued to find other sources decision made, and any other points you deem pertinent.

     

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