8.405-1
Ordering procedures for supplies, and services not requiring a statement of work
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.