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LegalLady

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  1. jilbiad - I concur with your thoughts. I have mentioned the same things to C2. Where the hang up is that C2 is believing C1 when they say it is permissible. I cannot find support to say that it is NOT permissible (except the legal reading of the GSAR regulation I referenced, general knowledge and practices of government procurement, etc.). Thanks, L
  2. Thank you. I think we are thinking along the same lines. Specifically: C1 cannot use C2's GSA Schedule to submit a quote on a delivery order/purchase order from the government, buy from the manufacturer directly (instead of C2), but have C2 report/pay IFF to GSA as if C2 actually made the sale. This scenario seems wrong to me (and you as well), but I can't find anything to support that, other than focusing on the GSAR provision that I put in the original post. C1 keeps assuring C2 that C1 does this all the time with other contractors/GSA schedule holders.
  3. Ok, first I have to say that I didn't realize putting in A and B with parentheses would result in emoticons popping up. Sorry about that! Thanks for the link. I think that seems to substantiate my initial thought that if C2 is not actually making the "sales," then C2 shouldn't be doing the IFF reporting or payments. Any more insight would be appreciated.
  4. Hi everyone, I do not an awful lot about GSA Schedules, the associated Teaming Agreements, and the payment of IFF. I have a question about something. Here's my hypothetical: Contractor 1 (C1) and Contractor 2 (C2) want to enter into a teaming arrangement. Both have GSA schedules with different types of goods. C1 will be the primary contact/prime contractor with the government. C1 plans on submitting quotes to the government using C1's schedule and C2's schedule. For items off of C1's schedule, C1 will pay the IFF. C1 wants the ability to use C2's schedule for certain items in the quotes to the government, and then actually purchase those goods from C2 and/or directly from the manufacturer of those goods. Two scenarios may arise: A) For items listed on C2's GSA Schedule and purchased by C1 from C2 and supplied to the government, C2 will pay the IFF and submit the necessary reports. This appears to be the standard way of going things and totally acceptable. B. For items listed on C2's GSA Schedule and purchased by C1 directly from the manufacturer (and not C2) and supplied to the government, C1 wants to pay C2 amounts equivalent to the IFF and have C2 pay the IFF and submit the necessary reports. C1 will also pay C2 a small fee for the ability to use C2's GSA Schedule in its quotes (but not actually purchase from C2). My initial thought is that scenario B. would not be allowed. I looked at GSAR 552.238-74. It seems to me that only the GSA Schedule holder actually making "sales" should be paying the reporting fee and submitting the reports, but I don't know what to look at beyond that. C1 is assuring C2 that it has done scenario B. with other teaming partners and that it is allowable. Does anyone have any thoughts (cites would be appreciated) as to whether scenario B. is allowed or not? Thanks in advance, L Edited to fix: emoticons that popped up in error.
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