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
- NOriginal post
NewbieFed
Aug 21, 2024 · 1y ago
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.
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Retreadfed
Aug 21, 2024 · 1y ago
NewbieFed said:
I need to make a retroactive SAM.gov award notification..
Why? What have you awarded?
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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.
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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.
- 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?"
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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.
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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.
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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.