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napolik

The Occasion of Multiple SINs

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When issuing a RFQ under a GSA schedule containing multiple special item numbers, may I require contractors to possess more than one SIN?

Suppose I believe the services I seek are described fully and accurately by SIN 123-1 with 100 contractors and SIN 123-2 with 50 contractors. Only 14 are on both SINs. On what basis, if any, could any of the 136 contractors excluded by the citation of the 2 SINS file a successful protest against the requirement that a contractor be listed under both SINs to receive an award?

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I think you are on solid ground if the work clearly requires performance under two SINs.

There are two possible arguments companies might make. The first is the obvious one and that's all the work is within one SIN. The other is there's no requirement to specify a SIN or even a particular Schedule. I'm just bringing up this as potential things to preapre for.

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I think you are on solid ground if the work clearly requires performance under two SINs.

There are two possible arguments companies might make. The first is the obvious one and that's all the work is within one SIN. The other is there's no requirement to specify a SIN or even a particular Schedule. I'm just bringing up this as potential things to preapre for.

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I think you are on solid ground if the work clearly requires performance under two SINs.

There are two possible arguments companies might make. The first is the obvious one and that's all the work is within one SIN. The other is there's no requirement to specify a SIN or even a particular Schedule. I'm just bringing up this as potential things to preapre for.

If the work is under both SINS use those firms. And do protest will ensue especially is you have kept the buy secret. Only those three or more you have selected to compete should know there a solicitation.

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Only those three or more you have selected to compete should know there a solicitation.

Thank you.

In DoD, we must post to eBuy all GSA actions > $100k. All contractors holding the schedule saw the solicitation.

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Thank you.

In DoD, we must post to eBuy all GSA actions > $100k. All contractors holding the schedule saw the solicitation.

Do you have a reference for that requirement? I currently work for GSA and that information would be helpful. Thanks.

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Do you have a reference for that requirement? I currently work for GSA and that information would be helpful. Thanks.

The DOD FAR Supplement:

208.405-70 Additional ordering procedures.

  • (a) This subsection--
    • (1) Implements Section 803 of the National Defense Authorization Act for Fiscal Year 2002 (Pub. L. 107-107) for the acquisition of services, and establishes similar policy for the acquisition of supplies;
      (2) Applies to orders for supplies or services under Federal Supply Schedules, including orders under blanket purchase agreements established under Federal Supply Schedules; and
      (3) Also applies to orders placed by non-DoD agencies on behalf of DoD.

(B) Each order exceeding $100,000 shall be placed on a competitive basis in accordance with paragraph © of this subsection, unless this requirement is waived on the basis of a justification that is prepared and approved in accordance with FAR 8.405-6 and includes a written determination that--

  • (1) A statute expressly authorizes or requires that the purchase be made from a specified source; or
    (2) One of the circumstances described at FAR 16.505(B)(2)(i) through (iii) applies to the order. Follow the procedures at PGI 216.505-70 if FAR 16.505(B)(2)(ii) or (iii) is deemed to apply.

© An order exceeding $100,000 is placed on a competitive basis only if the contracting officer provides a fair notice of the intent to make the purchase, including a description of the supplies to be delivered or the services to be performed and the basis upon which the contracting officer will make the selection, to--

  • (1) As many schedule contractors as practicable, consistent with market research appropriate to the circumstances, to reasonably ensure that offers will be received from at least three contractors that can fulfill the requirements, and the contracting officer--
    • (i)(A) Receives offers from at least three contractors that can fulfill the requirements; or
      (B) Determines in writing that no additional contractors that can fulfill the requirements could be identified despite reasonable efforts to do so (documentation should clearly explain efforts made to obtain offers from at least three contractors); and
      (ii) Ensures all offers received are fairly considered; or

(2) All contractors offering the required supplies or services under the applicable multiple award schedule, and affords all contractors responding to the notice a fair opportunity to submit an offer and have that offer fairly considered.

(d) See PGI 208.405-70 for additional information regarding fair notice to contractors and requirements relating to the establishment of blanket purchase agreements under Federal Supply Schedules.

PGI 208.4--FEDERAL SUPPLY SCHEDULES

PGI 208.405-70 Additional ordering procedures.

  • (1) Posting of a request for quotations on the General Services Administration's electronic quote system, "e-Buy", (<A href="
http://www.gsaAdvantage.gov">www.gsaAdvantage.gov), is one medium for providing fair notice to all contractors as required by DFARS 208.405-70©(2).
(2) Single and multiple blanket purchase agreements (BPAs) may be established under Federal Supply Schedules (see FAR 8.405-3) if the contracting officer--
  • (i) Follows the procedures in DFARS 208.405-70(B) and ©; and
    (ii)(A) For a single BPA, defines the individual tasks to be performed; or
    • (B) For multiple BPAs, forwards the statement of work and the selection criteria to all multiple BPA holders before placing orders.

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Do you have a reference for that requirement? I currently work for GSA and that information would be helpful. Thanks.

The DOD FAR Supplement:

208.405-70 Additional ordering procedures.

  • (a) This subsection--
    • (1) Implements Section 803 of the National Defense Authorization Act for Fiscal Year 2002 (Pub. L. 107-107) for the acquisition of services, and establishes similar policy for the acquisition of supplies;
      (2) Applies to orders for supplies or services under Federal Supply Schedules, including orders under blanket purchase agreements established under Federal Supply Schedules; and
      (3) Also applies to orders placed by non-DoD agencies on behalf of DoD.

(B) Each order exceeding $100,000 shall be placed on a competitive basis in accordance with paragraph © of this subsection, unless this requirement is waived on the basis of a justification that is prepared and approved in accordance with FAR 8.405-6 and includes a written determination that--

  • (1) A statute expressly authorizes or requires that the purchase be made from a specified source; or
    (2) One of the circumstances described at FAR 16.505(B)(2)(i) through (iii) applies to the order. Follow the procedures at PGI 216.505-70 if FAR 16.505(B)(2)(ii) or (iii) is deemed to apply.

© An order exceeding $100,000 is placed on a competitive basis only if the contracting officer provides a fair notice of the intent to make the purchase, including a description of the supplies to be delivered or the services to be performed and the basis upon which the contracting officer will make the selection, to--

  • (1) As many schedule contractors as practicable, consistent with market research appropriate to the circumstances, to reasonably ensure that offers will be received from at least three contractors that can fulfill the requirements, and the contracting officer--
    • (i)(A) Receives offers from at least three contractors that can fulfill the requirements; or
      (B) Determines in writing that no additional contractors that can fulfill the requirements could be identified despite reasonable efforts to do so (documentation should clearly explain efforts made to obtain offers from at least three contractors); and
      (ii) Ensures all offers received are fairly considered; or

(2) All contractors offering the required supplies or services under the applicable multiple award schedule, and affords all contractors responding to the notice a fair opportunity to submit an offer and have that offer fairly considered.

(d) See PGI 208.405-70 for additional information regarding fair notice to contractors and requirements relating to the establishment of blanket purchase agreements under Federal Supply Schedules.

PGI 208.4--FEDERAL SUPPLY SCHEDULES

PGI 208.405-70 Additional ordering procedures.

  • (1) Posting of a request for quotations on the General Services Administration's electronic quote system, "e-Buy", (<A href="
http://www.gsaAdvantage.gov">www.gsaAdvantage.gov), is one medium for providing fair notice to all contractors as required by DFARS 208.405-70©(2).
(2) Single and multiple blanket purchase agreements (BPAs) may be established under Federal Supply Schedules (see FAR 8.405-3) if the contracting officer--
  • (i) Follows the procedures in DFARS 208.405-70(B) and ©; and
    (ii)(A) For a single BPA, defines the individual tasks to be performed; or
    • (B) For multiple BPAs, forwards the statement of work and the selection criteria to all multiple BPA holders before placing orders.

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@Desparado - Check the GSA Insite for the Acquisition Letters and PINs. GSA's internal requirement to use E-Buy to post everything came out in one fo those. Can't remember the number - sorry.

@napolik - You can certainly state multiple Schedules and/or SINs. Awardee (wither Prime or the CTA) must possess all required SINs or you have opened door to protestor. After all, there was a reason you chose to list the multiple SINs in the first place and someone will call you on it.

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@napolik

I note that in DFARS (used to work for the Army) it states "As many schedule contractors as practicable, consistent with market research appropriate to the circumstances, to reasonably ensure that offers will be received from at least three contractors that can fulfill the requirements, and the contracting officer...". I do not see that as mandating eBuy.

As far as the PGI goes, it states that eBuy, "is one medium for providing fair notice to all contractors as required by DFARS 208.405-70?(2)". Again, I do not see that as a mandate.

When I worked for the Army, I disliked using eBuy because in many cases I wanted to streamline the process as much as possible. Using eBuy for some item/services creates numerous "No Quotes", or so many responses that my estimated timeline for evaluation gets tripled. One of the advantages of GSA Schedules is supposed to be the ability to get things done quicker. For non-DoD agencies, they merely have to survey at least three schedule contractors (for items not requiring a SOW), or solicit quotes from at least three sources (if there is a SOW). FAR 8.4 does state that if it is a large procurement that you have to expand your search "to additional schedule contractors that offer services that will meet the needs of the ordering activity".

DoD has taken what is supposed to an easy process and complicated it.

@Woops85

I just wish GSA would organize their AAs, PINs, PIBs, and all their other "guidance" into a more inclusive site. eCats is getting there, but is far short.

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DoD has taken what is supposed to an easy process and complicated it.

You're right Desparado. In fairness to DoD, they reacted to Congress when Section 803 of the National Defense Authorization Act for Fiscal Year 2002 (Pub. L. 107-107) became law.

The problem is in both instances, their responses were knee jerk reactions. Individuals weren't using multiple award contracts, including GSA Schedules, properly. Instead of saying COs will be held responsible for misuses, they take the process and make it extremely complicated.

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@napolik

As far as the PGI goes, it states that eBuy, "is one medium for providing fair notice to all contractors as required by DFARS 208.405-70?(2)". Again, I do not see that as a mandate.

What other medium would you propose to reach "all" contractors?

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@napolik

@Woops85

I just wish GSA would organize their AAs, PINs, PIBs, and all their other "guidance" into a more inclusive site. eCats is getting there, but is far short.

:lol: I could not agree more!!!! First you have to find them on Insite since they don't always come up if you shoose the References and Resourcces Tab. Was just hunting yesterday for something.

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What other medium would you propose to reach "all" contractors?

That's just it, the PGI should go by what the DFARS states when it says, "As many schedule contractors as practicable". It should be consistent... and not try to put in additional requirements.

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That's just it, the PGI should go by what the DFARS states when it says, "As many schedule contractors as practicable". It should be consistent... and not try to put in additional requirements.

DoD is lookng for the substance of competition, not merely the process of competiton.

See this from a press release just issued by Ashton Carter

Quote

Last year, the Pentagon awarded $55 billion in contracts that were supposed to be competitive but for which only one bid was received, usually from an incumbent contractor. Yet simple changes in how we structure evaluations and work with industry have been shown to reduce by 50% the incidence of single bids by incumbents. Competition is not always available, but the evidence is clear that the government is not availing itself of all possible competitive situations.

Unquote

Posting on e-Buy will improve the likelihood of receiving competition. That's the thought.

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I thought the current DoD requirement was you had to receive three bids or have shown to have taken the steps for the increased competition. And that using E-Buy and selecting more than 3 vendors to receive the e-mail was simply a relatively easy way to accomplish the showing steps part. After all, unless you check the vendor's name so they receive notification, E-Buy is no better than FBO in that no one forces a vendor to look at it on a daily/weekly basis. It's a forum to make posting easier for Govt but onus is still on vendors to go find the RFPs/RFQs

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DoD is lookng for the substance of competition, not merely the process of competiton.

Posting on e-Buy will improve the likelihood of receiving competition. That's the thought.

Napolik,

Often large numbers of offers just improves the process of competition but not the substance. There's a saying you might have heard before that 30 proposals instead of 3 isn't ten times as good. What DoD should be concerned with is getting enough offers so that the CO and others can concentrate on establishing a really good deal. That includes time to analyze each offer, determine the relative benefits of each, and bargain for the best possible arrangement.

I think the solution is training CO's to do a better job and have severe repurcussions for those that don't.

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Napolik,

Often large numbers of offers just improves the process of competition but not the substance. There's a saying you might have heard before that 30 proposals instead of 3 isn't ten times as good. What DoD should be concerned with is getting enough offers so that the CO and others can concentrate on establishing a really good deal. That includes time to analyze each offer, determine the relative benefits of each, and bargain for the best possible arrangement.

I think the solution is training CO's to do a better job and have severe repurcussions for those that don't.

All I can say is "I report, you decide"! :lol:

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