By Anon on Thursday, November 21, 2002 - 03:19 pm:

Nope, see FAR 8.4, now if you add nonschedule items to such a delivery order, you do have to meet the synopsis requirements of FAR Part 5 for those nonschedule items, again see 8.4.

By Anon on Thursday, November 21, 2002 - 03:46 pm:

Specifically, see FAR 8.401(d)(1) for adding nonschedule items and 8.404(a)(1)(i) for not having to synopsize the acquisition of items covered by the schedule.

By Anonymous on Friday, November 22, 2002 - 09:05 am:

While synopsis is no longer required as detailed by the other responses, if you are part of DoD Contracting Office or are supporting a DoD activity with this purchase (if it's services and greater than $100K) it may be a valid approach to meet the recently released requirements of DFARS 208.404-70. Written to implement Sec 803 of the FY 2002 National Defense Authorization Act, the new regulatin places some very interesting requirements for service orders greater than $100K. One way to meet these requirements will be to synopsize these orders. It's not required, but may be necessary.

By ORIGINAL POSTER on Friday, November 22, 2002 - 09:38 am:

Thats what I thought but let me pose one other question....if you determine that only a single schedule holder can meet your needs (and assuming thats legit) 1) You cannot use the schedule or 2) You must write a J&A or 3) It does not make any difference. Now there were a number of discussions on this website and many have said the first option applies.....but when I wrote GSA they said there was no prohibition against a sole source award. To compound matters I was sure I had seen language that said "you shall consult at least three schedules that can meet your needs" but it seems that this language fell out ...although it makes perfect sense to me..so the question remains....can this be done and what is the proper method?

By Anon on Friday, November 22, 2002 - 03:09 pm:

I see nothing that precludes a sole source acquisition using FSS. See FAR 8.404(b)(7)...

"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."

By Susan Paolini on Monday, November 25, 2002 - 09:48 pm:


To Original Poster:

Not sure if you are talking services or products. But, if you are dealing with services (and need to issue written RFQ and thus send out to min of three schedule holders), would you be able to provide a copy of the GSA guidance that there is no prohibition against the use of sole source when ordering from the schedules? For GSA buys for services, when an RFQ is required, all the GSA training/conferences I have attended and research I've done indicates that there is a prohibition on sole source. (Not talking products from GSA Advantage.) Would be very interested in seeing the guidance from GSA.

By formerfed on Tuesday, November 26, 2002 - 07:32 am:

Susan,

From my understanding, you are entirely correct. There isn't any sole source language mentioned by GSA in either its guidance or in the ordering procedures.

Anon of 11/22 - 3:09,

The language you quote doesn't necessarily justify sole source but rather restricted competition. The majority of products and services under GSA Schedule are available from multiple sources such as dealers. This language states that agencies must justify use of a particular brand name, product or feature, but doesn't say just order from one source. Rather competition between dealers can still take place.

By Anonymous on Tuesday, November 26, 2002 - 11:42 am:

There are three issues generated in the discussion here. First, the originator's question. Since FSS orders are handled under FAR Part 8 and, as such, are considered to have already met CICA requirements in establishment of the competitive Schedule, FAR Part 5 publicizing requirements are moot. Accordingly, the prospective FSS order need not be synopsized as a general rule. But see the special requirements in DFARS for DOD implementing Section 803 of the FY02 DOD authorization Act.

Secondly, there is the issue of dealing with part of a requirement that includes items not included on the Schedule. GAO has ruled, in an Army case, that an FSS order cannot include Schedule and non-Schedule items even if the non-Schedule items are peripheral. If you are issuing an FSS order, all items ordered must be on the Schedule. If you also need non-Schedule items they must be contracted for separately.

Thirdly, there is the issue of "sole source" FSS orders for services. Neither FAR Part 8 nor GSA "special provisions" supplementing the FAR provide procedures for issuing FSS orders for services on a sole source basis. Since FSS procedures are a separate means of obtaining goods and services than FAR Parts 12-16, as authorized, they must be authorized. Sole source FSS orders are not. So it is not so much a prohibition on sole source services orders as much as sole source services orders have not been provided for under FAR Part 8. Absent that, they must be acquired under FAR Parts 13-16

By op on Tuesday, November 26, 2002 - 03:41 pm:

The FAR has been changed and now allows for both schedule and non schedule items to be included in the same delivery order.

By Vern Edwards on Tuesday, November 26, 2002 - 10:01 pm:

Here is the language from FAR § 8.401(d):

"(d) For administrative convenience, an ordering office contracting officer may add items not on the Federal Supply Schedule (also referred to as open market items) to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order only if-

(1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19));

(2) The ordering office contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable;

(3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and

(4) All clauses applicable to items not on the Federal Supply Schedule are included in the order."

By Anonymous on Wednesday, November 27, 2002 - 09:36 am:

Mea culpa. however, all that seems to have happend is that, after jumping through all the FAR Part 12-15 hoops, you can consolidate Schedul and non-Schedule items on one order for administrative convenience, using different source selection procedures for each category, and different terms and conditions in the order.

What's the convenience? I think it would be cleaner to continue to treat them separately and issue an FSS order for the Schedule items and a purchase order for the non-Schedule items.