Can you make a GSA award if you posted an RFQ on open market SAM.gov instead of GSA Ebuy?

Started by NewbieFed · Aug 21, 2024 · 7 replies

  1. N

    NewbieFed

    Aug 21, 2024 · 1y ago

    Original post

    For a commercial item order of about 100k (so under SAT), a manufacturer-vendor was in the process of finalizing their GSA contract but was unsure when it would be finalized. Thus, I made a Brand-Name restricted RFQ posting on open market SAM.gov instead of a GSA Ebuy posting, and the posting ended without any offers except the one from this manufacturer-vendor.

    Right after the RFQ on SAM.gov closed, the vendor informed me their GSA contract is now finalized and can be used.

    If I want to award via GSA, do I now have to repost an RFQ on GSA Ebuy or can I award without having to respost? If I am allowed to award without posting on GSA EBuy, do I have to post any post-award notices?

    From what I understand, sole source GSA orders can be made without GSA Ebuy posting, but I need to make a retroactive SAM.gov award notification....but I do not know if or how this would be applicable to an RFQ Brand Name restriction that already has a SAM.gov posting.

  2. R

    Retreadfed

    Aug 21, 2024 · 1y ago

    NewbieFed said:

    I need to make a retroactive SAM.gov award notification..

    Why?  What have you awarded?

  3. f

    formerfed

    Aug 21, 2024 · 1y ago

    I would just document to process and include it in your file.  I would say I’m done.

    But a real nit picker might say that’s not in compliance with FAR 8.405-6 and you need to do the post award notification.  If you aren’t comfortable, go ahead and publish another notice.

  4. N

    NewbieFed

    Aug 21, 2024 · 1y ago

    Retreadfed said:

    Why?  What have you awarded?

    IIRC, I read sole source GSA awards need a post-award notice (so a post award notification).

    formerfed said:

    I would just document to process and include it in your file.  I would say I’m done.

    But a real nit picker might say that’s not in compliance with FAR 8.405-6 and you need to do the post award notification.  If you aren’t comfortable, go ahead and publish another notice.

    Hmmm, thanks. If there is a decent chance it is not in compliance then I may just award it open market.

  5. R

    Retreadfed

    Aug 21, 2024 · 1y ago

    NewbieFed said:

    I read sole source GSA awards need a post-award notice (so a post award notification)

    Earlier you said you need to make a "retroactive" post award notice.  My question is why does the notification have to be "retroactive?"

  6. N

    NewbieFed

    Aug 21, 2024 · 1y ago

    Retreadfed said:

    Earlier you said you need to make a "retroactive" post award notice.  My question is why does the notification have to be "retroactive?"

    I believe the FAR says you don't have to make a public posting to notify vendors you are planning to make a sole source GSA award (so no NOI required like open market awards)...but there is a section that mentions you need to post a post-award notice if I go this route.

  7. f

    formerfed

    Aug 22, 2024 · 1y ago

    NewbieFed said:

    Hmmm, thanks. If there is a decent chance it is not in compliance then I may just award it open market.

    That works.  I thought the GSA offer would be lower priced.  If not, open market is fine.

  8. N

    NewbieFed

    Aug 22, 2024 · 1y ago

    formerfed said:

    That works.  I thought the GSA offer would be lower priced.  If not, open market is fine.

    I was mainly trying to award GSA to cut down on the administrative requirements/extra work. Otherwise, the prices are very similar.

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