Back in the 1970s and early 1980s, GAO referred to the Multiple Award Schedules (MAS) as noncompetitive. GAO also claimed that there was little or no price competition for commercial products under MAS. Over and over again, GAO claimed that MAS prices were lousy. Reports stating so were issued to the House Committee on Government Operations (now the Committee on Oversight and Government Reform) whose Chairman was Jack Brooks.
In 1984, under the Competition in Contracting Act, Jack Brooks declared MAS contracts as "competitive procedures" and inserted a provision into CICA, which is now at 41 USC 259( b )(3)
The original language, as I remember it, required both GSA and the using agency to participate in determining whether an MAS order was a "competitive procedure." Currently, the "B" part of the provision is different than the original legislation. Apparently, it has been changed over the last 25 years.
Does "B" require the determination of a "fair and reasonable" price? If so, who does it--GSA or user agency? If you know that, I think you will have your answer.
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Price Based on Adequate Competition
in Contract Award Process
Posted
Back in the 1970s and early 1980s, GAO referred to the Multiple Award Schedules (MAS) as noncompetitive. GAO also claimed that there was little or no price competition for commercial products under MAS. Over and over again, GAO claimed that MAS prices were lousy. Reports stating so were issued to the House Committee on Government Operations (now the Committee on Oversight and Government Reform) whose Chairman was Jack Brooks.
In 1984, under the Competition in Contracting Act, Jack Brooks declared MAS contracts as "competitive procedures" and inserted a provision into CICA, which is now at 41 USC 259( b )(3)
The original language, as I remember it, required both GSA and the using agency to participate in determining whether an MAS order was a "competitive procedure." Currently, the "B" part of the provision is different than the original legislation. Apparently, it has been changed over the last 25 years.
Does "B" require the determination of a "fair and reasonable" price? If so, who does it--GSA or user agency? If you know that, I think you will have your answer.