Only Two Authorized Contractors who can Perform Work on Leased Building

[Dash_t11]

Per the Building Manager, there are only two Electrical Contractors, both Large, who are authorized to perform work in a building that the govt is leasing (it's not a GSA bldg).  The Building Manager has put this authorization in writing.  The requirement is over $25k and below the SAT.  How would I synopsis in FBO? Can I solicit to both large vendors only?  Would FAR 5.201(a)(13) apply?  This is an EOY project which was just received:( Appreciate any advice.  Thank you.

[joel hoffman]

Bob, I think that this thread should be under the Contract Award Process ( as well as the thread concerning “Latest and Greatest Evaluation Factors”)

thanks. 

[ji20874]

I. SYNOPSIS

Do you mean 5.202(a)(13)?  

Nothing in your original posting points to 5.202(a)(13) being applicable as a reason not to synopsize.  So, let's see...

(1) Do you agree that only two sources are reasonably available (because of the terms of your lease agreement with the landlord) and that they provide maximum practicable competition?  YES or NO

(2) Are the two sources available under a GSA schedule? or an IDIQ contract?  YES or NO.

If (1) is YES and (2) is YES, then synopsis is not required.  

If (1) is YES and (2) is NO, and you intend to use FAR part 13, then you synopsize (see FAR 13.105(a)) and in the synopsis you declare that you will be soliciting quotes from two sources (name them) as maximum practicable competition pursuant to your lease agreement with the landlord because the landlord limits service to OEM-authorized providers (or whatever the landlord's reason is).

II. LARGE BUSINESS

See FAR 19.502-2(a):  "...is automatically reserved exclusively for small business concerns and shall be set aside for small business unless the contracting officer determines there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery. If the contracting officer does not proceed with the small business set-aside and purchases on an unrestricted basis, the contracting officer shall include in the contract file the reason for this unrestricted purchase."

III. WRAP-UP

Don't be afraid to synopsize your requirement while declaring your intent to solicit two large business sources.  The pre-solicitation synopsis is something like the the call at a wedding, "If anyone has any objection, let him speak now or forever hold his peace."  If no one objects, you proceed. If someone does object, you can evaluate the objection -- maybe you proceed with no change or maybe you change your approach, depending on the facts of the objection.

[Dash_t11]

Thank you, ji20874!  I appreciate your advice and quick response.

[formerfed]

Sorry I didn’t see this earlier.  Take a look at your lease and it’s provisions.  Depending on how it’s worded you may be able to issue an order to the electrical firm without synopsizing.  Yo may just be complying with the lease which was already synopsized.