Pepperwood

Has anyone read the recently released GAO decision - Skyward IT Solutions, LLC, B‑421105.2 decision? It seems like GAO is incorporating FAR 52.222‑46 into MAS TOs issued under certain SINs. This may be news to a lot of COs using schedules. “As an initial matter, there is no dispute that the RFQ itself does not include FAR provision 52.222‑46. The RFQ advised vendors, however, that the task order would be issued pursuant to “the applicable terms and conditions” of the GSA MAS SIN 54151S contract vehicle. RFQ amend. 2 at 1. As a procurement for IT professional services for a substantial number of professional employees, FAR provision 52.222‑46 is applicable to the GSA MAS contract here and all three vendors evaluated in phase 2 have FAR provision 52.222‑46 included in their contract terms for GSA MAS SIN 54151S… We disagree with the agency to the extent it argues FAR provision 52.222‑46 was not incorporated into the RFQ… [T]he RFQ provides that the task order will be issued pursuant to applicable terms from the GSA MAS contract, which includes FAR provision 52.222‑46. Accordingly, we find that the agency should have evaluated quotations in accordance with FAR provision 52.222‑46 because it was part of the vendors’ MAS contracts and incorporated into the solicitation.”