8.405-2 Ordering procedures for services requiring a statement of work
Source: FAR 8.405-2 on acquisition.gov
FAR 8.405-2 mandates structured, competitive, and well-documented procedures for ordering services requiring a statement of work under Federal Supply Schedules, with requirements scaling by order value.
Overview
FAR 8.405-2 outlines the required procedures for ordering services that require a statement of work (SOW) under Federal Supply Schedule (FSS) contracts, specifically when services are priced at hourly rates. It details how agencies must prepare SOWs, issue requests for quotations (RFQs), evaluate responses, and document their actions. The regulation establishes different requirements based on the value of the order (micro-purchase threshold, simplified acquisition threshold, and above), ensuring competition and transparency in the ordering process. It also addresses the use of time-and-materials and labor-hour orders, and sets forth minimum documentation standards for each order placed.
Key Rules
- Statement of Work (SOW) Requirements
- SOWs must clearly describe the work, location, period of performance, deliverables, performance standards, and any special requirements. Performance-based SOWs are preferred.
- RFQ and Competition Procedures
- Agencies must provide RFQs (including SOW and evaluation criteria) to appropriate schedule contractors, with specific competition requirements depending on the order value. For orders above the micro-purchase threshold, at least three contractors must be solicited unless justified otherwise.
- Evaluation and Award
- All quotes must be evaluated using the stated criteria, with award made to the best value contractor. Agencies must notify unsuccessful offerors and provide explanations when requested.
- Documentation
- Agencies must document the contracts considered, services purchased, evaluation methodology, price reasonableness, and compliance with competition requirements, especially for orders above the simplified acquisition threshold.
Responsibilities
- Contracting Officers: Must ensure proper SOW preparation, competition, evaluation, award, and documentation. Responsible for compliance with thresholds and justification requirements.
- Contractors: Must respond to RFQs with compliant quotes and be prepared for fair competition and evaluation.
- Agencies: Must oversee adherence to procedures, maintain records, and ensure transparency and fairness in the ordering process.
Practical Implications
- This section ensures fair competition, transparency, and value in acquiring services through FSS. It impacts daily contracting by requiring careful documentation, competitive solicitation, and clear SOWs. Common pitfalls include inadequate competition, insufficient documentation, or failure to justify exceptions, which can lead to protests or audit findings.
(a) General. Ordering activities shall use the procedures in this subsection when ordering services priced at hourly rates as established by the schedule contracts. The applicable services will be identified in the Federal Supply Schedule publications and the contractor’s pricelists. For establishing BPAs and for orders under BPAs see 8.405-3.
(b) Statements of Work (SOWs). All Statements of Work shall include a description of work to be performed; location of work; period of performance; deliverable schedule; applicable performance standards; and any special requirements (e.g., security clearances, travel, special knowledge). To the maximum extent practicable, agency requirements shall be performance-based statements (see subpart 37.6).
(c) Request for Quotation procedures. The ordering activity must provide the request for quotation (RFQ), which includes the statement of work and evaluation criteria (e.g., experience and past performance), to schedule contractors that offer services that will meet the agency’s needs. The RFQ may be posted to GSA’s electronic RFQ system, eBuy (see 8.402(d)).
(1) 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. The ordering activity should attempt to distribute orders among contractors.
(2) For orders exceeding the micro-purchase threshold, but not exceeding the simplified acquisition threshold.
(i) The ordering activity shall develop a statement of work, in accordance with 8.405-2(b).
(ii) The ordering activity shall provide the RFQ (including the statement of work and evaluation criteria) to at least three schedule contractors that offer services that will meet the agency’s needs or document the circumstances for restricting consideration to fewer than three schedule contractors based on one of the reasons at 8.405-6 (a).
(iii) The ordering activity shall specify the type of order (i.e., firm-fixed-price, labor-hour) for the services identified in the statement of work. The contracting officer should establish firm-fixed-prices, as appropriate.
(3) For proposed orders exceeding the simplified acquisition threshold. In addition to meeting the requirements of 8.405-2(c)(2)(i) and (iii), the following procedures apply:
(i) Each order shall be placed on a competitive basis in accordance with (c)(3)(ii) and (iii) 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 .
(ii) The ordering activity contracting officer shall provide an RFQ that includes a statement of work and the evaluation criteria.
(iii) The ordering activity contracting officer shall-
(A) Post the RFQ on eBuy to afford all schedule contractors offering the required services under the appropriate multiple-award schedule(s) an opportunity to submit a quote; or
(B) 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 requirements, the contracting officer shall prepare a written determination to explain that no additional contractors capable of fulfilling the requirements 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.
(C) Ensure all quotes received are fairly considered and award is made in accordance with the evaluation criteria in the RFQ.
(4) The ordering activity shall provide the RFQ (including the statement of work and the evaluation criteria) to any schedule contractor who requests a copy of it.
(d) Evaluation. The ordering activity shall evaluate all responses received using the evaluation criteria provided to the schedule contractors. The ordering activity is responsible for considering the level of effort and the mix of labor proposed to perform a specific task being ordered, and for determining that the total price is reasonable. Place the order with the schedule contractor that represents the best value (see 8.404(d) and 8.405-4). After award, ordering activities should provide timely notification to unsuccessful offerors. If an unsuccessful offeror requests information on an award that was based on factors other than price alone, a brief explanation of the basis for the award decision shall be provided.
(e) Use of time-and-materials and labor-hour orders for services. When placing a time-and-materials or labor-hour order for services, see 8.404(h).
(f) Minimum documentation. The ordering activity shall document-
(1) The schedule contracts considered, noting the contractor from which the service was purchased;
(2) A description of the service purchased;
(3) The amount paid;
(4) The evaluation methodology used in selecting the contractor to receive the order;
(5) The rationale for any tradeoffs in making the selection;
(6) The price reasonableness determination required by paragraph (d) of this subsection;
(7) The rationale for using other than-
(i) A firm-fixed price order; or
(ii) A performance-based order; and
(8) When an order exceeds the simplified acquisition threshold, evidence of compliance with the ordering procedures at 8.405-2(c).