I'm buying a widget. Due to budget and the nature of the widget, I am buying a used widget. The people who normally sell these widgets have never worked with the gov't and do not monitor beta.sam.gov or even know what it is. An RFI was released and after I contacted at least 40 widget companies, I received 2 responses. The RFP was posted for 30 days and we held 3 "bidders informational calls" to entice bidders into getting more information on the solicitation process and help them feel at ease working with the gov't. No one called in the 1st 2 times, we did get 2 callers on the 3rd call (this is after again notifying dozens of potential bidders multiple times). We are anticipating getting zero bids. What are our options for sole sourcing? We know there are multiple widgets available by sellers, just not sellers who are interested in going thru the solicitation and bid process. We have considered a UON as a justification. Is there another avenue? And if we are able to sole source, can we just select the best looking/priced widget and approach that company and see if they will work with us on a sole source basis? Thanks for any advice!
Open full Question Details
This response is based on the information provided. We suggest you discuss with your contracting team, program manager and/or legal department as appropriate.
Since the requirement is for something that exists the areas of "Other Transactions (OTs)" and "Commercial Solutions Openings (CSOs)" don't appear to be readily applicable.
Your ability to award appears not to be "justifying a sole source award" so much as "finding someone to make a sole source award to." With that in mind, proper documentation following FAR/DFARS/NMCARS direction/guidance is the key. If your facts are as stated you should not have difficulty in getting the justification document approved. We believe the most supportable exception is FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. If you determine another exception to be more appropriate it is to be used per FAR 6.302-1(b) "Application. ...it shall not be used when any of the other circumstances is applicable."