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What are the differences between GSA Multiple Award Schedule
(MAS) contracts, Government wide acquisition contracts (GWACs), and
Multi-agency contracts (MACs)?
GSA Multiple Award Schedule (MAS):
These Contracts, also known as
Federal Supply Schedule contracts, are indefinite delivery, indefinite
quantity (IDIQ) contracts available to all federal agencies worldwide. GSA
awards and administers MAS contracts pursuant to section 201 of the Federal
Property and Administrative Services Act of 1949, as amended. Under the MAS
Program, GSA enters into government wide contracts with commercial firms to
provide over 4 million commercial services and products. Agencies place
orders directly with MAS contractors. Interagency agreements are not
required to use MAS contracts. The Economy Act does not apply to
orders placed against MAS contracts.
Government wide Acquisition
Contracts (GWACs)
These are task
order or delivery order contracts for information technology established by
one agency for government wide use. Each GWAC is operated by an executive
agent that only the Office of Management and Budget (OMB) designates
pursuant to section 5112(e) of the Clinger-Cohen Act. The Economy Act
does not apply to orders under GWACs.
Multi-agency Contracts (MACs)
These are task order or delivery
order contracts established by one agency for use by other government
agencies to obtain a variety of supplies and services. The Economy Act
(Federal Acquisition Regulation (FAR) Subpart 17.5) applies to orders placed
under MACs, with the exception of MACs for information technology that are
established pursuant to the Clinger-Cohen Act.
When ordering under a BPA or a department-wide
contracts, is the procurement officer required to obtain quotes from other vendors (i.e., provide
Fair Opportunity)?
If you are placing an order under a multiple award
BPA or Department-wide contract (i.e., multiple awards were made from a
single solicitation) then you must provide the awardees a fair opportunity
to be considered for the order, in accordance with the procedures outlined
in the BPA or Department-wide contract. If the BPA or Department-wide
contract was a single award, then the ordering activity can simply place the
order with the contractor with whom the BPA or Department-wide contract was
established.
When ordering under a BPA or a department-wide contract, is
the procurement officer required to obtain quotes from other vendors (i.e.,
provide Fair Opportunity)?
If the procurement officer is placing an order under a
multiple award BPA or Department-wide contract (i.e.,
multiple awards were made from a single solicitation) then the
procurement officer must provide the awardees a fair opportunity to be
considered for the order, in accordance with the procedures outlined in
the BPA or Department-wide contract. If the BPA or Department-wide
contract was a single award, then the ordering activity can simply place
the order with the contractor with whom the BPA or Department-wide
contract was established.
Small Business Information
Where can you go to see if a vendor is a small business? CCR?
The Online Representations and Certifications
Application (ORCA) website (http://orca.bpn.gov) is where acquisition
personnel are required to go to view the vendors small business program
representations. CCR should not be used for this purpose.
If I purchase on behalf of another agency who gets the small
business goaling credit?
The funding agency, i.e., the organization that has
provided the funds, would get the small business goaling credit. The
U.S. Small Business Administration (SBA) uses the information entered
into FPDS-NG, including the funding agency information, to derive the
small business goaling credit. If you want more information about the
small business goaling program contact your bureau Business Utilization
Development Specialist (BUDS), a director of contacts can be found at
the DOI Office of Small and Disadvantaged Business Utilization website
www.doi.gov/osdbu.
Federal Procurement Data System-Next Generation (FPDS-NG)
Can I register on the FPDS-NG web site for a user id?
No. Currently all DOI employees wishing to gain access
to FPDS-NG must go through their bureau IDEAS system administrator.
Can anyone enter information in FPDS-NG?
According to Department of the Interior Acquisition
Policy Release (DIAPR) 2004-7, Ensuring Accurate Procurement Data
Reporting to the FPDS-NG, "Reporting of all actions must be done by the
responsible Contracting Officer, Contract Specialist or Purchasing
Agent, or other personnel who are fully trained in all subjects involved
in the reporting process and able to efficiently and accurately
determine the correct response to all data issues. Where such training
is not yet completed, the reporting individual will be closely
supervised by a fully-trained procurement official."
It should be noted that the FPDS-NG action is part of
the official contract record and as such, the Contracting Officer, is
individual responsible for reviewing and approving the information
entered. This process is also in keeping with A-123 guidelines on
accountability.
Central Contractor Registration (CCR)
I am awarding contract to a foreign vendor which means they
don’t have to be registered in CCR, right?
No, that is not correct. Per FAR 4.11, all prospective
contractors are required to be registered in CCR prior to award. One of
the exemptions from this requirement, listed at FAR 4.1102, is for
awards made to foreign vendors for work performed outside the United
States, if it is impractical to obtain CCR registration. Awarding to a
foreign vendor alone does not mean the exemption automatically applies.
The vendor must also be performing the work under your award outside of
the U.S. AND it must be impractical to obtain CCR registration.
All three conditions must exist for the exemption to apply.
A vendor that was going to get an awarded contract to is not
registered in CCR and does not wish to do so, can they get an awarded
contract?
See FAR 4.1103(b) which states that once it has been
determined that none of the exceptions to the CCR registration
requirements apply (see FAR 4.1102), the contracting officer shall— (1)
If the needs of the requiring activity allow for a delay, make award
after the apparently successful offeror has registered in the CCR
database. The contracting officer shall advise the offeror of the number
of days it will be allowed to become registered. If the offeror does not
become registered by the required date, the contracting officer shall
award to the next otherwise successful registered offeror following the
same procedures (i.e., if the next apparently successful offeror
is not registered, the contracting officer shall advise the offeror of
the number of days it will be allowed to become registered, etc.); or
(2) If the needs of the requiring activity do not allow for a delay,
proceed to award to the next otherwise successful registered offeror,
provided that written approval is obtained at one level above the
contracting officer.
Contracting Officers are reminded that they are
required, by FAR 4.1103(a)(1), to ensure that the prospective contractor
is registered in the CCR database before awarding a contract and they
are encouraged to check the CCR early in the acquisition process, after
the competitive range has been established, and then communicate to the
unregistered offerors that they must register.
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