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Bid Protests under FAR 16.505(b)(2)
By Anonymous on Wednesday, October 23, 2002 - 11:08 am:

Can anyone direct my attention to any bid protests where the CO solicited a GSA task order over $2,500 on a sole source basis using FAR 16.505(b)(2) provisions, "Exceptions to the fair opportunity process"?

Bid protests resulting from GSA task orders seem to be getting much more prevelant, notwithstanding the FAR 16.505(a)(8) statement which would appear to rather narrowly limit their allowabilty.

Thanks much.

By formerfed on Wednesday, October 23, 2002 - 11:27 am:

Are you referring to orders placed under GSA Schedule multiple award contracts? If so, take a look at the ordering procedures for services. It's on the GSA web site. This is somewhat different than FAR 16.505. Interestingly enough, they don't provide for sole source orders.


By Anonymous on Thursday, October 24, 2002 - 09:21 am:

I am referring to soliciting a single source on GSA schedule for a task order, without competition, using one of the exceptions listed at FAR 16.505(b)(2), such as being a logical follow-on to an order already issued under the contract, etc. Have there been any protests when the CO does this, from other vendors on the GSA schedule who were not given the opportunity to compete for the new task order?


By formerfed on Thursday, October 24, 2002 - 10:07 am:

Anon,

You need to look closely at the GSA ordering procedures. Since GSA establishes the contracts, they also prescribe the basis on how orders are placed. FAR 8.402 covers this and the procedures for services are on their web site.

The GSA procedures don't allow for placing orders without competition. Therefore I think 16.505(b)(2) doesn't apply.

Maybe someone else has more information to share or a different opinion.


By Anonymous on Thursday, October 24, 2002 - 02:41 pm:

The ordering provisions at FAR 16.505 do appear to apply to GSA task order contracts, among other Indefinite-Delivery contracts. FAR 16.505(a)(7) specifically refers to "orders placed under a task order contract or delivery order contract awarded by another agency (i.e., a Governmentwide acquisition contract, or multi-agency contract.)" This would include GSA and other FSS awards, wouldn't it?


By Anonymous on Thursday, October 24, 2002 - 03:32 pm:

GSA Schedule orders are done under the auspices of FAR part 8 supplemented, per FAR Part 8, by additional specific instructions set forth by GSA. FAR part 16 does not apply to GSA Schedule buys. The sections in part 16 you refer to apply to orders under GWACs, multi-agency and other IDTC contracts in conjunction with FAR Parts 12, 14 or 15.


By anon10-25 on Friday, October 25, 2002 - 09:51 am:

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 803 of the National Defense Authorization Act for Fiscal Year 2002. Section
803 requires DoD to issue DFARS policy requiring competition in the purchase of services under multiple award contracts.

Applicability Date: This rule applies to all orders for services placed under multiple award contracts on or after October 25, 2002, regardless of whether the multiple award contracts were awarded before, on, or after that date.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&docid=02-27110-filed


By Vern Edwards on Saturday, October 26, 2002 - 12:29 pm:

The ordering procedures in FAR Subpart 16.5 do not apply to GSA Federal Supply Schedule contracts. Moreover, the General Accounting Office has decided that the restriction against protests in FAR § 16.505(a)(6) does not apply to orders placed against GSA Federal Supply Schedule contracts. See: L.A. Systems, Inc., B-276349, June 9, 1997, footnote 1, and Severn Companies, Inc., B-272717.2, April 28, 1997, footnote 1.


By Anonymous on Tuesday, October 29, 2002 - 01:13 pm:

Thanks for all the input.

Original Anonymous


By Anonymous on Thursday, October 31, 2002 - 12:23 pm:

Vern,

Although I agree that FAR 16.5 ordering procedures do not apply to GSA/MAS contracts (as a sidenote the Part 16 clauses are used in the underlying contract) I don't think that the Special Ordering Procedures preclude the award to a single source when there is a bonifide reason to award to a particular contractor and the file is documented in accordance with FAR 8.404(b)(7). But I would still be curious if GAO has ever had a case dealing with this.

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