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leo1102

Government Point of Entry

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There are several of us in the office who are discussing the meaning of FAR 4.502(b)(4).

Does this part, or any other part of the FAR, DFAR or NMCARs, prohibit issuing a solicitation over more than one Government Point of Entry?

I have always only used a single GPE.

Please advise.

Thanks.

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FAR 2.101 defines "Governmentwide point of entry (GPE)" as "the single point where Government business opportunities greater than $25,000, including synopses of proposed contract actions, solicitations, and associated information, can be accessed electronically by the public." It also states "The GPE is located at http://www.fedbizopps.gov ."

There is no DFAR. There is a Defense Federal Acquisition Regulation Supplement (DFARS).

There is no such thing as "more than one Government Point of Entry." There is only the GPE. See FAR 2.101.

If your question is "Does FAR 4.502(b)(4) prohibit posting a solicitation in the GPE and also somewhere else?" then PepeTheFrog thinks the answer is "no."

You satisfied FAR 4.502(b)(4) by posting it in the GPE (FBO.gov). Then, you also stapled a copy of it to the wall in your agency's bathroom, or posted it on another website, or painted it on a billboard. No problem.

You get in trouble with bid protests if you fail to post the solicitation in the GPE (FBO.gov). Post it wherever else you want as long as you also post it to FBO.

The idea is that no potential contractors should have to find your billboard, website, or bathroom. They should be able to look at FBO.gov and find your solicitation.

 

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10 minutes ago, PepeTheFrog said:

Thanks for the response - so if I am reading your response correctly, then a solicitation can be posted to FBO and to as many other GPEs he/she wants - examples are GSA and SEWP and Seaport-e and any other GWAC.

 

 

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Yes. Hire a plane to fly a banner about the solicitation across Daytona Beach, just make sure you use FBO.gov.

If PepeTheFrog is wrong about this, someone please hop in and clarify.

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There are exceptions to posting the solicitation at FBO.gov, see FAR 5.102(a)(5):

Quote

The contracting officer need not make a solicitation available through the GPE, as required in paragraph (a)(4) of this section when—

(i) Disclosure would compromise the national security (e.g., would result in disclosure of classified information, or information subject to export controls) or create other security risks. The fact that access to classified matter may be necessary to submit a proposal or perform the contract does not, in itself, justify use of this exception;

(ii) The nature of the file (e.g., size, format) does not make it cost-effective or practicable for contracting officers to provide access through the GPE; or

(iii) The agency’s senior procurement executive makes a written determination that access through the GPE is not in the Government’s interest.

In such a case, FAR 5.207( c )(17) applies, which states:

Quote

If solicitations synopsized through the GPE will not be made available through the GPE, provide information on how to obtain the solicitation

 

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Leo,

I agree with Pepe that you can advertise your requirement far and wide, provided you post to the GPE which is FBO, despite the use of the word "single".  However, I think for everyone perusing this thread, that while you can also post to GSA (assume e-buy), SEWP, etc as you suggest, you have to know what you are doing.  I believe that market research should inform you on the method, generally I think of "open market" as triggering the FBO requirement, but if I choose to order through GSA e-buy, then that's another matter.  See FAR 8.404(a).  I generally teach new 1102's that market research and the requirement should inform them whether they do open market or utilize GSA schedules.  If GSA, then use e-buy (and not FBO), generally speaking.

Our Small Business Specialist will sometimes advise us to cast a wider net and post a GSA e-buy requirement to FBO, but we have developed specific language for those scenarios so that industry is made aware that we intend to issue an order against a GSA schedule, so any responses through FBO should include their GSA Schedule information and we also post to e-buy.

Generally for MACs/GWACs, you could post to FBO, but you have to make sure you provide a fair opportunity to those contract holders (16.505(b)(1)( i )).   This gets complicated if you don't know what you are doing because generally you wouldn't synopsize a requirement that could be satisfied through a MAC order.  Without caveats on this, I'm not sure what you would do with an FBO response to something that was also done as a MAC fair opportunity if you didn't go through all the right steps.  Of course I'm talking about posting or issuing a solicitation, and not RFI's or sources sought notices. 

Again, I believe for the most part, market research should inform you on the method before you get to the issuing a solicitation stage of the game, and post it in numerous places.  It may tend to confuse industry more than it generates interest.

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Thank you all for your input.  It gives me a lot to consider.

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Leo - What is your process for selecting a contractor for award?  As Steve has stated of sorts if you post a FAR part 15 solicitation in the GPEs are not your selection processes going to be different than what you would use for a GWAC, FSS or SEWP as for each of these three the processes for selection is different?  Seems to me it would be a complicated solicitation document that would say if you are FSS we will select this way, or GWAC it will be so, or for SEWP it will be this way, etc.   I have trouble understanding why market research would not narrow your selection as to where to seek a contractor?

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I completely agree - the selection process would be different.  The group of us discussing this finally came to that same conclusion late yesterday afternoon.  The particular acquisition we were discussing will be posted in a single point of entry.  Thanks to all who contributed to this discussion.  It really helped.

 

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