FAR Part 8 Priorities

ContractSpecialistTJohn said:

My thoughts are that the MAS vendors should be solicited and then based on the results, then open market vendors should be solicited.

Don't do this, it's bad business.

ContractSpecialistTJohn said:

Could you solicit non-Multiple Award Schedule vendors if you include MAS vendors? What are your thoughts on this?

/legacy/reg/3d5660526184d95a.html >> Market Research--A Tale of Two Markets By Christopher E. Harris, CFCM, CPCM

ContractSpecialistTJohn said:

My thought is that it violates the FAR Part 8 priorities.

How so?

ContractSpecialistTJohn said:

My thought is that it violates the FAR Part 8 priorities.

Re-read FAR 8.004 - "agencies are encouraged to consider satisfying requirements from or through the non-mandatory sources listed in paragraph (a) of this section (not listed in any order of priority) before considering the non-mandatory source listed in paragraph (b)" -  encouragement is not the same as a requirement.  Moreover, if a better value can be obtained through commercial sources in the open market, I'd argue you have an obligation as a steward of taxpayers' dollars to pursue that better value given the non-restrictive language in the FAR.

ContractSpecialistTJohn said:

Could you solicit non-Multiple Award Schedule vendors if you include MAS vendors?

It depends on the procedures you are using.  When using the procedures of Subpart 8.4, COs are not permitted to seek competition outside of the Federal Supply Schedules or synopsize the requirement (see FAR 8.404(a)).  However, if you are using the procedures other than those at 8.4, vendors that happen to have a schedule contractor are not precluded from participating in the procurement.  If I were to solicit MAS schedule vendors under the latter scenario, I would make it very clear what FAR procedures I was using and that I was not using the procedures of 8.4 and would not be placing an order against a schedule contract.

ContractSpecialistTJohn said:

My thoughts are that the MAS vendors should be solicited and then based on the results, then open market vendors should be solicited.

As others have said, the FAR does not require use of of other non-mandatory sources, hence the term "non"-mandatory (FAR 8.004).  It is only encouraged.  This section changed a few years ago when use of "optional" GSA schedule contracts was removed from the priority listing of sources of supply.  I haven't researched this to see what was behind this change, but I wouldn't be surprised if it had to do with the competitiveness of schedule contracts with open market sources.  Many of the rates GSA negotiates and includes in the contracts are significantly higher than can be obtained from open market sources or even some of the same GSA schedule contract holders if they are asked for a price reduction.

Gordon Shumway said:

My thoughts were coming from the below.  But when I re-read it, I see that I was mistaking GSA stock programs with MAS.  Thanks for the insight!

(a) Except as required by 8.003, or as otherwise provided by law, agencies shall satisfy requirements for supplies and services from or through the sources and publications listed below in descending order of priority:

(1) Supplies.

(i) Inventories of the requiring agency.

(ii) Excess from other agencies (see subpart 8.1).

(iii) Federal Prison Industries, Inc. (see subpart 8.6).

(iv) Supplies which are on the Procurement List maintained by the Committee for Purchase From People Who Are Blind or Severely Disabled (see subpart 8.7).

(v) Wholesale supply sources, such as stock programs of the General Services Administration (GSA) (see 41 CFR 101-26.3), the Defense Logistics Agency (see 41 CFR 101-26.6), the Department of Veterans Affairs (see 41 CFR 101-26.704), and military inventory control points.

Don't do this, it's bad business.

/legacy/reg/3d5660526184d95a.html >> Market Research--A Tale of Two Markets By Christopher E. Harris, CFCM, CPCM

How so?

ContractSpecialist TJohn,

You should edit your post to correctly separate the portion that is quoted from your words.

ContractSpecialistTJohn:

Matthew is correct.  When you respond to a post, the quote box pops up.  You have to be careful not to enter your response within the quote box or it is confusing.  I cannot separate your response from the quotes because I'm not sure how you want it to look.