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  1. 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?
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