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Q: What terms and conditions apply to a task order placed by the USPS under a GSA Schedule contract? The USPS KO asserted that GSA Contract (FAR) clauses are the same as the USPS clauses and the only difference is the clause number. Therefore, the KO is unwilling to address order of precedence in the agreement. Although the USPS clauses & provisions do largely track the FAR, they are definitely not the same. The USPS task order includes all the terms and conditions that would be required for a USPS purchase -- i.e. the entire procurement process and task order fulfill the USPS "Supplying Principles and Practices" requirements. And USPS is not subject to FAR in any event. Have you encountered this before? How are we supposed to understand the GSA T&Cs read alongside the USPS task order T&Cs? I've done my level best at finding this answer through legal research, but I've come up short. Hoping this group can offer some practical guidance from your experience -- or show me what I missed! Thanks in advance.
Company is large by virtue of affiliation with a network of affiliated companies with a common parent. Company has few staff. Those staff market for and manage national accounts for all affiliated companies. Company holds a GSA Schedule to provide services. GSA Schedule indicates that the company will "self-perform" the work, and includes a long list of affiliates that will do the work, calling them "authorized dealers". Company is 10 years into Schedule. KO and Company consider the work to be self-performed when affiliates do it. Company handles all billing and communications with GSA and government purchasers. Company provides work orders to affiliates. Company is working to understand how to communicate and manage compliance by all affiliates listed on the Schedule. I am advising. I am trying to understand how to think about the affiliates/authorized dealers. Do they have all the same compliance obligations as the Company? Are they considered part of the "prime"? Thank you in advance for any insight. And please let me know what else you need to analyze this issue. Thanks!
Does a newly formed joint venture have to obtain a new OOCORP GSA Schedule or can they use their existing GSA Schedules? If the joint venture can use existing GSA Schedules does each organization within the joint venture have to have the GSA Schedule with required SINs or is it good enough to have one organization within the joint venture that has the required GSA Schedule and SINs.
Orders placed under the GSA FSS/ GSA Schedule are considered to satisfy the full and open competition requirements of FAR Part 6. FAR 6.102(d)(3). and FAR 8.404. If an agency's market research finds that there is only one vendor on FSS that is capable of providing a particular product or service that has ALL of the requirements the agency needs, can the agency still use the FSS to obtain this product or service? Assume that a SOW is included in the solicitation and the dollar value exceeds the simplified acquisition threshold. FAR 8.405-2 requires the ordering activity to provide the RFQ to at least THREE schedule contractors, OR document the circumstances for restricting consideration to fewer than three schedule contractors "based on one of hte reasons at 8.405-6(a)." FAR 8.405-6(a) only lists three reasons: -Urgent and compelling, -only one source capable, - in the interest of economy and efficiency/logical follow-on Can the agency justify awarding the order to this one vendor on the basis that it is the "only one source capable" in that it is the only vendor on the FSS that can meet all the agency's requirements? Or would you interpret FAR 8.405-6(a) as intending to mean, the vendor must be the only one source capable in the entire world, whether on the FSS or off the FSS? I believe the latter, but we are having a debate about this in my office. Can anyone help us sort this out?