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Hello,

I was reading the FAR and began to over-analyze it again, I'm just confused about including open market items in an award of a task order using FAR 8.4 procedures. I understand that I need to publicize on the GPE and unless it's a sole source I'd have to use FAR 13, 14, or 15 competitive procedures, but my question is, who else will bid on this open market solicitation other than the GSA contractors who are bidding on the main GSA task order? If the open market items are incidental to the GSA task order that I'm trying to award, then can I expect that a contractor that does not have a GSA Schedule contract will not bid on this "open market" solicitation? Why would they? These incidental items are nothing without the main GSA task order. Am I interpreting FAR 8.402(f) correctly? And then during source selection I would have to combine the evaluation results of the FAR 8.4 procedure with the open market procedure somehow?

Thanks,

Sam101

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16 hours ago, Sam101 said:

I understand that I need to publicize on the GPE and unless it's a sole source I'd have to use FAR 13, 14, or 15 competitive procedures, but my question is, who else will bid on this open market solicitation other than the GSA contractors who are bidding on the main GSA task order?

Let me see if I can help.

Your question implies that the need of non GSA contract item(s) will exceed $25,000.  You are correct that in most cases a non-GSA contract will not bid.  Yet not all GSA contractors might not compete as well. If under the SAT you will limit the number of GSA contractors.   But,  if the order exceeds the $25,000 and the SAT - reference 8.405-1(d) - then your competition would be larger leading back to my thought that with open market needs on the proposed order some GSA contractors might not play.

 

16 hours ago, Sam101 said:

If the open market items are incidental to the GSA task order that I'm trying to award, then can I expect that a contractor that does not have a GSA Schedule contract will not bid on this "open market" solicitation? Why would they?

No disagreement.   Yet you are trying to buy open market items and competition is required to meet statutory requirements.  I reason that is the purpose and not the purpose of trying to get non-GSA contractors to play.

16 hours ago, Sam101 said:

Am I interpreting FAR 8.402(f) correctly?

Yes, but you are narrowing your thoughts to one thing synopsis and evaluation is to attempt to get non-GSA contractors to play.  It is not, it is to make sure the procurement complies with statute.

In  the end it can get complicated beyond your thoughts and my basic comments and suggest you take a read here  to understand how in the end you might put together a request for quote/solicitation when you have a combination of GSA and non GSA needs that you intend to award to a GSA contractor.    http://www.wifcon.com/pd8402.htm

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Thanks C Culham, will the new OLM SIN make protests like Bluewater B-414785 not happen (or get denied, given that OLM costs don't exceed 33% and all the rest of the OLM requirements)? In general, is the OLM SIN meant to avoid even having to worry about FAR 8.402(f)?

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20 hours ago, Sam101 said:

Thanks C Culham, will the new OLM SIN make protests like Bluewater B-414785 not happen (or get denied, given that OLM costs don't exceed 33% and all the rest of the OLM requirements)?

Honestly I had to read up on the OLM SIN.  I do agree that if an agency follows the OLM process yes, protests like Bluewater would not occur.   Caveat - follow precisely how GSA intends the OLM SIN to be utilized.

20 hours ago, Sam101 said:

 In general, is the OLM SIN meant to avoid even having to worry about FAR 8.402(f)?

Close but I am reluctant to say 'in general".    By example while the OLM SIN availability seems inclusive to many schedules it is not for all.   So I would say, for lack of better way of putting it, working through the intent to order via FSS FAR 8.402(f) is like a checklist item played out something like this.....Does the contractors FSS contract include pricing for everything needed, if not does the OLM SIN apply, if not then FAR 8.402(f) comes into play.  So you have to worry about FAR 8.402(f) being applicable or not.

Hope this makes sense.

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