Dividing a 87k order into a 80k GSA + 7k open market order - is this a split purchase?

Started by NewbieFed · Feb 15, 2023 · 3 replies

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NewbieFed
Feb 15, 2023 · 3y ago
Original post
I have a requirement to purchase two items: 1 large equipment worth 80k and 1 small accessory to that equipment worth 7k.

The large equipment is on GSA Advantage while the acessory item is only on the open market. Both items are made in a foreign country.

Can I divide this order into two different orders without violating the rules against split purchases?

1. 80k GSA order and

2. a separate 7k equipment order on the open market

If I do this, I presume I don't have to deal with all the new Buy American Act/Made in America Act approvals and waivers since the first is a GSA order and the other is under the MPT?

I'm thinking it doesn't violate the rule against split purchases because the objective is not to stay under a purchase card threshold and I am not trying to avoid sending this to our contracting office. The purpose is to cut down on the regulatory approvals, expedite the order, and allow us to use GSA for the larger part of the order.

Is my thinking correct?
C
C Culham
Feb 15, 2023 · 3y ago
Take a look at FAR Subpart 8.402(f). It might help if the same vendor has the non GSA item.
N
NewbieFed
Feb 15, 2023 · 3y ago

C Culham said:

Take a look at FAR Subpart 8.402(f). It might help if the same vendor has the non GSA item.

Thanks. I did consider adding the non-GSA items as OLM items to the GSA purchase under 8.402(f), but I was under the assumption that adding the open market items will trigger Buy American Act requirements because the total price will be over 10k?

If the BAA is triggered, the acquisition will be delayed by a month of bouncing it around different agency departments and the white house OMB for review and approvals.

I am trying to avoid the long delays caused by the triggering of the BAA. I was hoping that dividing it into an 80k GSA order and a 7k under MPT order will allow me to avoid all of that delays since GSA orders and orders under the MPT are exceptions/waivers to BAA requirements.
C
C Culham
Feb 15, 2023 · 3y ago

NewbieFed said:

Thanks.

NewbieFed said:

Is my thinking correct?

Yes, the more I think about it your thinking is correct.