8.405-1 Ordering procedures for supplies, and services not requiring a statement of work
Source: FAR 8.405-1 on acquisition.gov
FAR 8.405-1 mandates competitive, well-documented ordering procedures for FSS supplies and services not requiring a statement of work, with requirements escalating based on order value.
Overview
FAR 8.405-1 outlines the ordering procedures for supplies and services available on Federal Supply Schedules (FSS) that do not require a statement of work (SOW), such as installation, maintenance, and repair. It establishes requirements based on order value thresholds, ensuring fair opportunity, competition, and proper documentation throughout the ordering process.
Key Rules
- Orders at or Below Micro-Purchase Threshold
- Agencies may order from any FSS contractor that meets their needs, with no solicitation minimum, but should distribute orders among contractors.
- Orders Above Micro-Purchase but Not Exceeding Simplified Acquisition Threshold
- Agencies must seek best value by considering at least three schedule contractors or documenting why fewer were considered.
- Orders Exceeding Simplified Acquisition Threshold
- Orders must be placed competitively, with RFQs posted on eBuy or sent to as many contractors as practicable to ensure at least three quotes, unless justified otherwise.
- Brand-Name Specifications
- RFQs specifying brand names must be posted on eBuy with required justification.
- Best Value Determination
- Factors beyond price, such as past performance and warranty, may be considered.
- Documentation Requirements
- Agencies must document contracts considered, purchase details, amount paid, compliance evidence, and award rationale.
Responsibilities
- Contracting Officers: Ensure fair opportunity, proper solicitation, justification, and documentation for all orders.
- Contractors: Respond to RFQs and provide competitive quotes.
- Agencies: Maintain oversight, ensure compliance with competition and documentation requirements.
Practical Implications
This section ensures transparency, competition, and value in FSS orders without SOWs. It impacts daily procurement by requiring market research, competitive solicitation, and thorough documentation, with common pitfalls including inadequate competition or incomplete records.
(a) Ordering activities shall use the procedures of this subsection when ordering supplies and services that are listed in the schedules contracts at a fixed price for the performance of a specific task, where a statement of work is not required (e.g., installation, maintenance, and repair). For establishing BPAs and for orders under BPAs see 8.405-3.
(b) Orders at or below the micro-purchase threshold. Ordering activities may place orders at, or below, the micro-purchase threshold with any Federal Supply Schedule contractor that can meet the agency’s needs. Although not required to solicit from a specific number of schedule contractors, ordering activities should attempt to distribute orders among contractors.
(c) Orders exceeding the micro-purchase threshold but not exceeding the simplified acquisition threshold. Ordering activities shall place orders with the schedule contractor that can provide the supply or service that represents the best value. Before placing an order, an ordering activity shall:
(1) Consider reasonably available information about the supply or service offered under MAS contracts by surveying at least three schedule contractors through the GSA Advantage! on-line shopping service, by reviewing the catalogs or pricelists of at least three schedule contractors, or by requesting quotations from at least three schedule contractors (see 8.405-5 ); or
(2) Document the circumstances for restricting consideration to fewer than three schedule contractors based on one of the reasons at 8.405-6 (a);
(d) For proposed orders exceeding the simplified acquisition threshold.
(1) Each order shall be placed on a competitive basis in accordance with (d)(2) and (3) of this section, unless this requirement is waived on the basis of a justification that is prepared and approved in accordance with 8.405-6 .
(2) The ordering activity contracting officer shall provide an RFQ that includes a description of the supplies to be delivered or the services to be performed and the basis upon which the selection will be made (see 8.405-1(f)).
(3) The ordering activity contracting officer shall -
(i) Post the RFQ on eBuy to afford all schedule contractors offering the required supplies or services under the appropriate multiple award schedule(s) an opportunity to submit a quote; or
(ii) Provide the RFQ to as many schedule contractors as practicable, consistent with market research appropriate to the circumstances, to reasonably ensure that quotes will be received from at least three contractors that can fulfill the requirements. When fewer than three quotes are received from schedule contractors that can fulfill the requirement, the contracting officer shall prepare a written determination explaining that no additional contractors capable of fulfilling the requirement could be identified despite reasonable efforts to do so. The determination must clearly explain efforts made to obtain quotes from at least three schedule contractors.
(4) The ordering activity contracting officer shall ensure that all quotes received are fairly considered and award is made in accordance with the basis for selection in the RFQ.
(e) When an order contains brand-name specifications, the contracting officer shall post the RFQ on eBuy along with the justification or documentation, as required by 8.405-6. An RFQ is required when a purchase description specifies a brand-name.
(f) In addition to price (see 8.404 (d) and 8.405-4), when determining best value, the ordering activity may consider, among other factors, the following:
(1) Past performance.
(2) Special features of the supply or service required for effective program performance.
(3) Trade-in considerations.
(4) Probable life of the item selected as compared with that of a comparable item.
(5) Warranty considerations.
(6) Maintenance availability.
(7) Environmental and energy efficiency considerations.
(8) Delivery terms.
(g) Minimum documentation. The ordering activity shall document-
(1) The schedule contracts considered, noting the contractor from which the supply or service was purchased;
(2) A description of the supply or service purchased;
(3) The amount paid;
(4) When an order exceeds the simplified acquisition threshold, evidence of compliance with the ordering procedures at 8.405-1(d); and
(5) The basis for the award decision.