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FAR Part 15 Applicable to GWAC (NITAAC) Orders??

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An RFP was set-aside to Small Disadvantaged Veteran Owned Businesses (SDVOB) and released to five Contract Holders on NITAAC for IT Support. The RFP was posted for 30 days; however, only one offer was received. I understand that NITAAC orders follow the procedures under FAR Part 16.505; however, there is no language in the ordering procedures that addresses when only one offer is received in response to an RFP. My question is: Is FAR Part 15 applicable to orders placed against a GWAC?  I am asking because I need clarification on whether a determination and finding is required (FAR 15.403) to document the existence of adequate price competition when only one offer is received. Any feedback you can provide would be greatly appreciated.

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2 hours ago, Here_To_Learn said:

Is FAR Part 15 applicable to orders placed against a GWAC? 

1.  See FAR 16.505(b)(1)(ii)--

  • "The competition requirements in part 6 and the policies in subpart 15.3 do not apply to the ordering process."

2.  Then, see FAR 16.505(b)(3)--

  • "If the contract did not establish the price for the supply or service, the contracting officer must establish prices for each order using the policies and methods in subpart 15.4."

So, to answer your question regarding fair opportunity ordering against a GWAC, subpart 15.3 never applies (see 1. above) but subpart 15.4 might apply (see 2. above).

2 hours ago, Here_To_Learn said:

I need clarification on whether a determination and finding is required (FAR 15.403) to document the existence of adequate price competition when only one offer is received.

I am not aware of anything in 15.403 that requires a determination and finding (D&F) to document the existence of adequate price competition when only one offer is received.  If you're talking about FAR 15.403(c)(1)(ii)(B), that only requires a determination, not a D&F.  That determination (not D&F) is that the proposed price is based on adequate price competition and is reasonable, not that adequate price competition exists.

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If you are in DoD, it’s a different story - you would know the policy.

Did you encourage discounts in your RFP? If you did , did the proposer discount it’s master contract list prices? Of course, that’s assuming that there are master contract list prices for whatever you are acquiring. 

If  only one proposal received and no discounting offered, it would be an excellent opportunity to call or contact them and ask for s discount - negotiate. Website says something to the effect that you can contact a firm at any time in the process

Kind of hard for me to imagine that you could say adequate price competition exists if one firm responded at its maximum allowed pricing or if the delivery order uses non-pre-priced items.

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https://nitaac.nih.gov/sites/default/files/gwac/tools-templates/CIO-SP3_Contract_Conformed_June_2018.pdf

Thanks for the reference, Carl. 

Paragraph G. 7.6 may partially address your question.  

See page 30. 

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J.Hoffman and C.Culham, thank you for providing the reference. Just to be clear, aside from the ordering procedures contained in FAR Part 16.505, there may be some parts of FAR Part 15 applicable to GWACs?

J.Hoffman - Yes, we encouraged discounts in the RFP and the Offeror proposed.

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1 hour ago, Here_To_Learn said:

Just to be clear, aside from the ordering procedures contained in FAR Part 16.505, there may be some parts of FAR Part 15 applicable to GWACs?

1.  See FAR 16.505(b)(1)(ii)--

  • "The competition requirements in part 6 and the policies in subpart 15.3 do not apply to the ordering process."

2.  Then, see FAR 16.505(b)(3)--

  • "If the contract did not establish the price for the supply or service, the contracting officer must establish prices for each order using the policies and methods in subpart 15.4."

So, to answer your question regarding fair opportunity ordering against a GWAC, subpart 15.3 never applies (see 1. above) but subpart 15.4 might apply (see 2. above).

Additionally, FAR para. 15.503(b)(1) (not all of 15.503, just para. (b)(1)) and FAR § 15.506 (not the whole subpart, just this section) might apply based on FAR 16.505(b)(6)(i) and (ii), respectively.

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