Artimpa

All of this input is greatly appreciated. We are asking the CO on this RFP to state in writing that this is not regarded as a sale under our GSA Schedule- no reference to the Schedule Contract Number will appear in the IDIQ if awarded - the only similarity is that some of the services requested are the same as the GSA Schedule. I agree that the agency may not have thought this through. Puts a contractor in a tough spot. Thank you all!

We are not sure of the reason, apart from obviously, getting the best rates. Practically speaking, I am not sure if it matters so much if it is enforceable since, if a contractor submits less than their GSA best rate, they might not be competitive. The RFP is on FBO and not e-Buy. This contractor is just trying to figure out what the right thing to do is, and do it.

Can you elaborate on your answer, for my benefit? The customer would be another federal agency - not a commercial customer .

We would like to think that (a) (3) does, and that this would be a sale conducted by a separate contracting authority under Part 15. But I have read that the GSA is interpreting any sales to other agencies using their rates as sales under the GSA contract, because the GSA is tired of other agencies skirting the fee but taking advantage of the rates they negotiated. A prominent government accounting firm has noted that when non-GSA federal agencies align their rates to the GSA schedule, "then GSA considers that a Schedule sale even if the agency does not. GSA takes the stance that the buying agency is benefiting from all of their hard work in determining that your prices are “fair and reasonable,” so GSA deserves the IFF on that sale. GSA often says that if you reference your Schedule in your bid or just about anywhere else in a document that goes to the government customer, then you have made it a Schedule buy. So, unless you can prove to GSA that the Buying Agency did their own full pricing research, GSA will say you need to include that sale in your Schedule sales report and IFF payment. Of course, if you report something as a GSA sale and the buying agency does not, the Schedule sales amounts on FPDS vs SSQ* may differ greatly. " This is a concern even though it would seem to contradict the FAR clause you cited. Has anyone else encountered this situation?

I ask everyone's patience with this first post on WIFCON. The situation involves an RFP for an IDIQ for a civilian federal agency. The O has included in the RFP a requirement that bidders with a GSA Schedule use their GSA Schedule rates. However, a number of bloggers have indicated that the GSA views such use of rates as essentially awarding a contract under their GSA schedule and that the IFF must be paid. This puts the small business prime between a rock and a hard place, if there is a contractual obligation not to use GSA rates for non-GSA contracts, The RFP in question was posted on FBO, not e-Buy. Is there such a contractual obligation to not use the GSA rates, and if so, in what clause might it be found? Can the CO for the RFP require submission of GSA Schedule rates? Should the bidder remit the IFF on a non-GSA contract to avoid being penalized? Thank you for any experience you can share.