What
does the regulatory language of FAR 8.404 say about ordering
from FSS, Multiple Award Schedule contractors?
FAR, Subpart 8.4--Federal Supply
Schedules
§ 8.404 Using schedules.
(a) General. When agency requirements
are to be satisfied through the use of Federal Supply
Schedules as set forth in this subpart, the simplified acquisition
procedures of Part 13, the
small business provisions of Part 19 do not apply, except for
the provision at 13.303-2(c)(3).Orders
placed pursuant to a Multiple Award Schedule (MAS), using the
procedures in this subpart, are
considered to be issued pursuant to full and open competition
see 6.102(d)(3)). Therefore, when
placing orders under Federal Supply Schedules, ordering
offices need not seek further competition,
synopsize the requirement, make a separate determination
of fair and reasonable pricing, or consider small business programs.GSA
has already determined the
prices of items under schedule contracts to be fair and reasonable.
By placing an order against a schedule
using the procedures in this section, the ordering office has concluded that the order represents
the best value and results in the lowest overall cost alternative (considering price,
special features, administrative costs, etc.) to meet the
Government's needs.
(b) Ordering procedures
for optional use schedules--
(1) Orders at or below the
micro-purchase threshold. Ordering offices can place orders
at or below the micro-purchase threshold
with any Federal Supply Schedule contractor.
(2) Orders exceeding the micro-purchase
threshold but not exceeding the maximum order
threshold. Orders should
be placed with the schedule contractor that can provide
the supply or service that represents
the best value. Before placing an order, ordering offices should consider reasonably available
information about the supply or service offered
under MAS contracts by using the "GSA Advantage!" on-line
shopping service, or by reviewing
the catalogs/pricelists of at least three schedule contractors
and select the delivery and
other options available under the schedule that meet the agency's
needs. In selecting the supply or
service representing the best value, the ordering office may consider--
(i) Special features of the supply
or service that are required in effective program performance and that are not provided
by a comparable supply or service;
(ii) Trade-in considerations;
(iii) Probable life of the item
selected as compared with that of a comparable item;
(iv) Warranty considerations;
(v) Maintenance availability;
(vi) Past performance; and
(vii) Environmental and energy
efficiency considerations.
(3) Orders exceeding the maximum
order threshold. Each schedule contract has an established maximum order threshold.
This threshold represents the point where it is
advantageous for the ordering office
to seek a price reduction. In addition to following the procedures in paragraph (b)(2) of
this section and before placing an order that exceeds
the maximum order threshold, ordering offices shall--
(i) Review additional schedule
contractors' catalogs/pricelists or use the "GSA
Advantage!" on-line shopping
service;
(ii) Based upon the initial evaluation,
generally seek price reductions from the schedule
contractor(s) appearing to provide the best value (considering
price and other factors);
and
(iii) After price reductions
have been sought, place the order with the schedule contractor that provides the best value
and results in the lowest overall cost alternative
(see 8.404(a)). If further price reductions are not offered,
an order may still be placed,
if the ordering office determines that it is appropriate.
(4) Blanket purchase agreements
(BPAs). The establishment of Federal Supply Schedule BPAs is permitted (see 13.303-2(c)(3))
when following the ordering procedures
in this subpart. All schedule contracts contain BPA provisions.
Ordering offices may use
BPAs to establish accounts with contractors to fill recurring
requirements. BPAs should address
the frequency of ordering and invoicing, discounts,
and delivery locations and times.
(5) Price reductions.
In addition to the circumstances outlined in paragraph (b)(3)
of this section, there may
be instances when ordering offices will find it advantageous
to request a price reduction.
For example, when the ordering office finds a schedule
supply or service elsewhere at a
lower price or when a BPA is being established to fill
recurring requirements, requesting
a price reduction could be advantageous. The potential
volume of orders under these agreements, regardless of the size
of the individual order,
may offer the ordering office the opportunity to secure greater
discounts. Schedule contractors
are not required to pass on to all schedule users a price reduction extended only to an individual
agency for a specific order.
(6) Small business. For
orders exceeding the micro-purchase threshold, ordering
offices should give preference to
the items of small business concerns when two or more items at the same delivered price
will satisfy the requirement.
(7) Documentation. Orders
should be documented, at a minimum, by identifying the
contractor the item was purchased
from, the item purchased, and the amount paid. If an agency requirement in excess of the
micro-purchase threshold is defined so as to require
a particular brand name, product, or a feature of a product peculiar
to one manufacturer, thereby
precluding consideration of a product manufactured by another
company, the ordering office shall
include an explanation in the file as to why the particular brand name, product, or feature
is essential to satisfy the agency's needs.
(c) Ordering procedures for mandatory
use schedules.
(1) This paragraph (c) applies
only to orders against schedule contracts with mandatory
users. When ordering from multiple-award schedules, mandatory
users shall also follow the
procedures in paragraphs (a) and (b) of this section.
(2) In the case of mandatory
schedules, ordering offices shall not solicit bids, proposals, quotations, or otherwise test
the market solely for the purpose of seeking alternative
sources to Federal Supply Schedules.
(3) Schedules identify executive
agencies required to use them as mandatory sources of supply. The single-award schedule
shall be used as a primary source and the multiple-award
schedule as a secondary source. Mandatory use of schedules is
not a requirement if--
(i) The schedule contractor is
unable to satisfy the ordering office's urgent delivery
requirement;
(ii) The order is below the minimum
order thresholds;
(iii) The order is above the
maximum order limitation;
(iv) The consignee is located
outside the area of geographical coverage stated in the schedule; and
(v) A lower price for an identical
item (i.e., same make and model) is available from
another source.
(4) Absence of follow-on award.
Ordering offices, after any consultation required by the
schedule, are not required to forego
or postpone their legitimate needs pending the award
or renewal of any schedule contract.
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