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Good day Contracting Titian's, I'm a newer level one and I have I small buy that just rubs me wrong. I have what should be a simple sign purchase and install outside our host installation. However, the state department of transportation claims since its on their land they are the only ones allowed to both manufacture and install signs. So its a sole source, but they themselves don't do the installation. They often sole source the work to private business(es) in the local area. So of my understanding of this buy, I am supposed to sole source and give money to the state for they to in-turn sole source to a private company or no sign. What do I site in my SSJL or AWD doc to support this lack of competition? "Is it acceptable to just say the state said only they can do it and its their real property?". Am I overthinking this? What FAR referencing should I use in these two documents? To me in law when a court cases are presented to a federal institution, that federal entity treats the state like its basically a private citizen/corporation filling. So from my perspective Collins v. Virginia might as well be Smith Vs. Thomas. So with this frame of mind when I see essentially a non-federal entity dictating how we procure or insure fair competition, while at the same time sole sourcing, it bothers me. If we had to put a Government Weather vane on a private house in our negotiations we don't allow the home owner to dictate that we award to his cousin Ted. So why are state agencies different? Its under 15k, so should I post the intent to sole source to a state agency on FBO? I looked on FBO for other instances of dealing with my state, but I was hard pressed to find any. Any help is much appreciated. Thanks!
My agency uses special funds to provide supplies to various U.S. States. I've been tasked with investigating the possibility of pursuing an approach similar to the MAS/FSS contracts against which various State agencies could order product. My first thought was to just ask GSA if they could set up some new schedules, but my agency (just like any other agency) doesn't want to give up control. I believe that when GSA sets up a schedule, they invite contractors to propose products and prices and GSA puts those on the schedule, and then when agencies order from the schedules, they do a limited competition and ask for discounts from the schedule prices. This is a different process than the IDIQ contracts I usually award. I am just starting to research this issue and I'm trying to identify some of the important issues that my agency would have to address. I'm reviewing FAR Parts 8.4 and 38 and will probably call GSA to get more detailed information. I would appreciate any insight or recommendation concerning issues I might have to consider. So far, I'm reviewing the following issues, but I'm sure there are a lot I haven't thought of: 1) My agency believes that, if there are any barriers to setting up these types of contracts, they will pursue an exception to the FAR or other regulations - can anyone think of any regulatory hurdles that might have to be overcome (for example, I don't know if GSA and the VA are the only agencies allowed to award FSS type contracts)? 2) I've see that the GSA FSS site mentions that these type of contracts can be used by State and Local Governments for ordering purposes - is there a FAR reference that specifically allows this? 3) Would this type of contract require an interagency agreement between the State and Federal Governments? Is the Economy Act a consideration? 4) I'd appreciate the identification/discussion of these or any additional issues I should consider. I need to advise my management of the feasibility of pursuing this method of contracting.