Rule of Two Part 13
Started by contractor100 · Nov 8, 2022 · 6 replies
- cOriginal post
contractor100
Nov 8, 2022 · 3y ago
I am looking at an FPDS posting. The award is for just under the SAT. The CO issued a purchase order. The award is marked as sole source: "Other than full and open competition: SAP noncompetition"
Questions:
1 The awardee is not small, per SAM, and to my knowledge has not been small for many years. There are plenty of small businesses that do the kind of work procured. What notification/justification/eview is required before not setting aside such an award for a small business per 13.003(b)(1)? Someone here is saying that Part 13 effectively allows sole source awards to any company under Part 13, regardless of the company's size. That does not seem to be what Part 13 says.
2 The FPDS record says: CO's Business Size Selection - Small Business. This is just not correct. Is FPDS autogenerating this response somehow?
3 Does FAR 19.502(b) apply to 13.5?
- C
C Culham
Nov 8, 2022 · 3y ago
contractor100 said:
Questions:
1. Have you considered FAR 19.502-2(a) and how it relates to notification, determination and review requirements for an acquisition that is below the SAT?
2. Could be but who knows besides FPDS.
3. Yes. In the context of your other questions consider FAR 13.501 as well with regard to a sole source.
- c
contractor100
Nov 8, 2022 · 3y ago
So the CO has to document their finding they have no "reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery small business" before sole sourcing, but there's no requirement to publish that decision or opportunity for small firms to protest, except perhaps complain to the SADBU?
- C
C Culham
Nov 8, 2022 · 3y ago
contractor100 said:
So the CO has to document their finding they have no "reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery small business" before sole sourcing, but there's no requirement to publish that decision or opportunity for small firms to protest, except perhaps complain to the SADBU?
See FAR 13.106-3 (c) and (d) if as you say the procurement was below the SAT.
- c
contractor100
Nov 8, 2022 · 3y ago
So, no public notification is required of a decision to sole source to a large business under the SAT using a PO and Part 13. This must explain the belief here in my office that such awards can be sole sourced to any company, including large companies, without any consequences. Appreciate the response, thank you!
- C
C Culham
Nov 8, 2022 · 3y ago
contractor100 said:
without any consequences.
Well it depends. This WIFCON reference may be of interest.
- j
ji20874
Nov 8, 2022 · 3y ago
There is a general requirement for pre-award synopsis for procurements over $25K -- there are exceptions, but sole-source under SAT isn't one of them. See FAR Subpart 5.2.
If you think the sole source SAT action is unwarranted, you may file a protest. The GAO will review an agency’s decision to limit competition for reasonableness. If you think the agency awarded to a large business without regard to the automatic set-aside requirement of SAT, you may also file a protest.
contractor100 said:
Someone here is saying that Part 13 effectively allows sole source awards to any company under Part 13, regardless of the company's size. That does not seem to be what Part 13 says.
Right -- Part 13 does not say that.