Using GPC for Services

[buddyandme]

Background: Our agency procures reports that contain taxpayer information. The cost of procuring these reports are less than the micro purchase threshold. Mandatory clauses are necessary due to disclosure and privacy issues.

Question: In order to reduce the time to procure these reports we are considering using the GPC card for requirements less than $2,500.00 in lieu of issuing PO's which has been past practice. The vendor must accept the mandated clauses in writing before beginning performance. Can we send a separate sheet containing the required clauses to the vendor and get acceptance in writing. Then after acceptance, order the reports using a GPC?

[metteec]

I do not see why you could not have the vendor sign the non-disclosure agreement thing before performance/acceptance of the order. However, why not setup a BPA or IDIQ contract that includes those terms and conditions and allow oral orders using the GPC?

[buddyandme]

Thanks for you comments and yes we are considering doing just that.

[C Culham]

So a few questions.....

What clauses are "mandatory" for a micro purchase? FAR 13.2 might answer this.

And, if the Government can buy them with a card what about a private entity could they? And if they can is there something built in terms and conditions on both the Government and vendor sides that already provide adequate protections regarding disclosure and privacy issues?

This may be over simplification on my part but think about it and consider whether you are making this way too complicated.

[buddyandme]

FAR clauses are not mandatory for Micro purchases (13.201 (d)) but FAR does not prohibit the use of a clause. In these cases our agency is hypersensitive to disclosure of tax payer information and has required the procurement staff to use agency non-disclosure clauses when ordering information that contains taxpayer information.

Can any person buy the same taxpayer information? If so, I believe you may be correct that commercial companies who have access to taxpayer information have to follow federal rules/laws that are designed to protect the release of information and as stewards of the taxpayer we also need to do the same.

Does the addition of a clause for a $250.00 report really do anything protect the taxpayer? Perhaps we are only being required to use these clauses to protect the federal employee or agency who is using the taxpayer information.

I'm not trying to make this more complicated but simply want to help my agency get the information faster and since a majority of these repetitive actions are < $2,500.00 using a GPC is more cost effective than a PO.

I appreciate your thoughts in this matter.