Services Ordering Solutions: Avoiding MAS Confusion

Visit us at our new Site!

Brad Powers — Tue, 15 Feb 2011 20:30:00 GMT

What?!? You guys are moving again?

Yes, it's true. We are now located on GSA's new Interact platform at Interact.gsa.gov. Or you can click here to go directly to our new site. You will need to register for the Interact Platform (which is really easy and painless) and then request to join the Services Ordering Solutions group. Why all this joining business? One word...spammers! Seriously, it's just ridiculous how hard it is to keep those clowns off your site. I'm sorry but I just am not interested in buying discount Ugg boots from a site written in Russian!

Anyway, in case you are wondering why we are moving again, there are two primary drivers:

(1) The Interact platform is extremely flexible and easy to use yet is still "official" and located on the gsa.gov domain.

and

(2) Even if we liked the Domino platform (which we most certainly do not) our most recent blog was hosted on, that whole server is going away as GSA moves "to the cloud."

But wait, you say, you guys haven't been updating your site for over a year so who cares? Well, that's a point well taken. After Dave left government service to pursue other interests about a year ago, the blog fell onto the back burner and kind of stayed there. No more! The new Interact site is so easy to use that we are out of excuses. Not only will you find new content there now (the old content has been updated and migrated over), we promise you that we'll continue to keep publishing something new on a regular basis.

Moving (Gradually) to a New Blogsite Address at GSA.GOV

Dave Clemens — Fri, 26 Jun 2009 16:35:00 GMT

This summer, I will be gradually moving most of the content from this blogsite to a new GSA-hosted blogsite.

All new content added after today will be posted at that new blogsite rather than here.

I have no current plans to delete anything here. This site will be our blog archives for now. This means that some of the old material here may be outdated when you read it, so you'll want to check it out at the new GSA blogsite home!

The catchy new GSA blog shortcut name is:

http://www.gsa.gov/blogs/masservicesordering

Thanks!
Dave

15. Performance Incentives and Schedule Orders [Linked]

Dave Clemens — Thu, 04 Jun 2009 17:19:00 GMT

Can Performance Incentives Be Included on Schedule Task Orders?
Can Schedule Task Orders Be of the “Fixed-Price Incentive” Type as Described in the FAR?

See:

http://blogs.gsa.gov/blogs/servicesordering.nsf/dx/performance-incentives

Search terms:

GSA Multiple Award Schedule MAS FSS Federal Supply Schedules service services task order orders ordering professional services performance incentive fixed commercial FFP FFP w/EPA T&M LH firm fixed price time and materials labor hour award fee

Enhanced Search Engine for GSA Advantage Using an Advanced Google Search

Dave Clemens — Fri, 08 May 2009 19:26:00 GMT

Enhanced GSA R10 Search Engine for GSA Advantage Using an Advanced Google Search

In my opinion, the above is a much more powerful search engine than that available with the search text block in GSA Advantage!

Here are some do-it-yourself instructions using the method behind Jon Bearscove's previous AdvantagePlus. We are all free to use Google like this to search GSA Advantage. But save the instructions, as you will have to follow the instructions on every advanced search if you decide not to use the GSA R10 Search Engine weblink in this blog post.

Dave

14. Can Socioeconomic Status Be Used as a Weighted Best Value Evaluation Factor...

Dave Clemens — Mon, 27 Apr 2009 15:40:00 GMT

...and not merely as a tie-breaker or go/no-go factor?

Answer: Yes. There does not appear to be any controlling authority prohibiting the designation and weighting of a “Socioeconomic Status” evaluation factor for Schedule BPAs and orders nor is there any restriction on the use of such a factor only to break ties on quotes of equal price. In view of the clear FAR intent and consistent GSA policy on broad, discretionary use of such a best-value factor, the inclusion of socioeconomic status as an evaluation factor appears to be a matter within the reasonable discretion of the Contracting Officer.

Read the facts/issue/rationale here.
See the full text of all the cited references here.

Recovery Act Conference on March 5, 2009

Brad Powers — Wed, 08 Apr 2009 03:27:00 GMT

On March 5, 2009 GSA hosted an American Recovery and Reinvestment Act Conference at the Hyatt Regency Crystal City in Arlington, VA. Brad led the session on "Engineering, Professional, Technical and Business Consulting." The attached audio is from the third of four identical sessions given that day. Unfortunately, the two panel members (Jackie and Mike) were quite a ways from the digital recorder so a little audio manipulation in Audacity was required to equalize the volume levels. That's why it might sound a little strange in places. Also available here is the presentation that goes with the audio.

Recovery Act Presentation

March 25, 2009 Webinar (Including Part 1 of Audio)

Dave Clemens — Tue, 31 Mar 2009 19:11:53 GMT

Here is the audio for Part 1 (slides 1-31) of the 3/25/2009 webinar "Using GSA Schedules for Professional Services."

Webinar Handouts (including slides) with webinar questions and answers.

Audio Part 2

Audio Part 3

March 25, 2009 Webinar (Including Part 3 of Audio)

Dave Clemens — Tue, 31 Mar 2009 18:53:00 GMT

Here is the third and final part of the audio (slide 47 to end) from the 3/25/2009 webinar "Using GSA Schedules for Professional Services."

Webinar Handouts (including slides) with webinar questions and answers

Audio Part 1

Audio Part 2

March 25, 2009 Webinar (Including Part 2 of Audio)

Dave Clemens — Tue, 31 Mar 2009 18:45:00 GMT

Here is Part 2 (Slides 31 to 46) of the audio for the 3/25/2009 webinar "Using GSA Schedules for Professional Services."

Webinar Handouts (including slides) with webinar questions and answers

Audio Part 1

Audio Part 3

Blog 13. It's "RFQ-Quote" Rather Than "RFP-Offer" When Talking About Orders Against Schedules (FAR 8.4)

Dave Clemens — Tue, 31 Mar 2009 16:30:00 GMT

FAR SubPart 8.4 gives us the only terminology appropriate for Schedule ordering.

The Request for Quotation (RFQ) is the document issued by the ordering activity to firms holding Schedule contracts. Schedule contractors respond to the RFQ with quotations. FAR 8.402(d) describes eBuy as GSA’s electronic RFQ system. FAR 8.405-2 defines the only ordering procedures for services requiring a statement of work. Those are specifically called “Request for Quotation procedures” in the title of FAR 8.405-2(c). “The ordering activity shall provide the RFQ (including the statement of work and evaluation criteria) to at least three schedule contractors…” FAR 8.405-2(c)(2)(ii). Above the maximum order threshold or when establishing a BPA, ordering activities shall “provide the RFQ (including the statement of work and evaluation criteria) to additional schedule contractors that offer services that will meet the needs of the ordering activity.” FAR 8.405-2(c)(3)(i).

Calling the document used to request quotes from Schedule contractors an “RFQ” has absolutely nothing to do with an ordering activity’s ability to use the full range of best value evaluation, trading off price factors against non-price factors. (Notice in the preceding paragraph that whenever “RFQ” was used in the FAR’s Schedule RFQ procedures, “evaluation criteria” was also mentioned.) The FAR’s “RFQ procedures” say: “Place the order, or establish the BPA, with the schedule contractor that represents the best value (see 8.404(d)).” FAR 8.405-2(d). The ordering activity is to document “the evaluation methodology used” and the “rationale for any tradeoffs in making the selection.” FAR 8.405-2(e).

The only significant difference between “RFP” and “RFQ” is not in the evaluation method and types available, but in the differing points at which offer and acceptance occur. Both an “RFP” and an “RFQ” can trade off price against non-price factors.

A Request for Proposal (RFP) is a solicitation document used in negotiated procurements to communicate government requirements to prospective contractors and to solicit proposals (offers) from them.

A Request for Quotations (RFQ) is also used to communicate government requirements, but quotations submitted in response to it are not offers, and consequently may not be accepted by the government to form a binding contract. The Schedule order (and not the quote) is actually the offer. The contractor accepts the offer (the Schedule order) by either signing it or by doing something that shows acceptance (like ordering supplies or contacting subcontractors). As opposed to an RFP, an RFQ does not solicit binding offers. When the contractor accepts the order (actually or constructively), then acceptance has occurred. The Government Contracts Reference Book (3rd Ed., page 488) notes that the term “RFQ” is certainly not limited to FAR Part 13 simplified acquisitions: “An RFQ is also used when procuring services that require a statement of work from Federal Supply Schedule contractors. FAR 8.504-2(c).”

It is inappropriate and contrary to FAR SubPart 8.4 to call a Schedule order solicitation an "RFP." The FAR never recognizes “RFP” as a suitable substitute for a Schedule order's “RFQ.” As the FAR (as well as the Government Contracts Reference Book and other sources) point out, “RFP” and “RFQ” are not interchangeable. They differ in when offer and acceptance occurs. When talking about Schedule orders, only "RFQ" is recognized by the FAR.

In addition. GSA’s 2008 Multiple Award Schedules Desk Reference uses the correct and FAR-based “RFQ” (not “RFP”) terminology. See the Desk Reference's Section 8 (“Request for Quote (RFQ) and Statement of Work (SOW)”) of the Desk Reference for more information on the Schedule order RFQ process.

Of course, if you are talking about what GSA does at the Schedule contract level in awarding a Schedule or about what agencies do in their non-Schedule FAR Part 15 acquisitions, then it is certainly appropriate to use terms like “RFP, offer, proposal, and contract.”

Episode 2: Scope & Market Research for Schedule Orders

Dave Clemens — Wed, 11 Mar 2009 16:54:00 GMT

(Podcast originally published March 2008 and restored to the blogsite April 2009.)

Program Notes (D. Clemens, March 2008, 16 pages)

Episode 2 Summary: Once you have determined that the Schedules might provide a procurement solution, as discussed in Episode 1, how do you decide which Schedule(s) to use? This episode deals with the process of Schedule scope determination, offering suggestions on how to determine the Schedule(s) of best fit. Also included in this episode is my interview with Schedule 874 MOBIS Lead Contracting Officer Kathleen Sewell. Find out from Kathee what MOBIS can (and cannot) do for you.

Blog 12: What Is a Request for Information (RFI) Posted to GSA eBuy?

Dave Clemens — Wed, 11 Mar 2009 16:01:00 GMT

Schedule order market research is no different than the market research you do for your open market (non-Schedule) procurements. FAR Part 10 applies to Schedule orders, too. The Request for Information (RFI) you post to eBuy is really the same as the Sources Sought Notice you would post on FedBizOpps for a non-Schedule procurement. As this is part of market research, you are asking for statements of capability rather than quotes. A draft Performance Work Statement is typically included. In those cases, comments are typically solicited on that Draft PWS document. The RFI can then serve two purposes: (1) identifying sources, and (2) improving the PWS based on comments from industry.

What Information Could an eBuy-Posted RFI Contain?

This is an eBuy Request for Information for a tentative requirement to ………[describe broad scope] as further defined in the attached Draft Performance Work Statement. As part of its market research, [agency] is issuing this RFI to determine if there exists an adequate number of qualified interested GSA Schedule contractors capable of [broad scope] as further described in the Draft PWS. The Government may use the responses to this RFI for information and planning purposes. The Draft PWS describes only the currently contemplated possible scope of services and may vary from the work scope in a final PWS included in any Request for Quotations (RFQ).

The anticipated period of performance is [...] and the contractor may be required perform work at the following locations: [...]

[If a Schedule BPA is contemplated, describe whether it will be Single-Award or Multiple-Award, the BPA duration, the estimated dollar amount, and the general scope.]

A Request for Quotations using the following Schedule(s) and SIN(s) is contemplated:

[Identify the Schedule(s) and SIN(s) required by the ordering activity to meet the total requirement.]

This RFI is only for the purpose of identifying potential sources as part of [agency’s] market research. No RFQ exists; therefore, do not request a copy of the RFQ. [Agency] is not required to use eBuy for any resulting RFQ.

Responses to this RFI are not quotes on which [agency] can issue any Schedule orders. This RFI is issued for information and planning purposes only and does not itself constitute a Request for Quotations (RFQ). The Government does not intend to award a Schedule order(s) or BPAs based only on responses to this RFI.

All information received in response to this RFI marked “Proprietary” will be protected and handled accordingly. Interested parties are responsible for adequately marking proprietary or competition sensitive information contained in their response.

Responses to the RFI will not be returned. Responders are solely responsible for all expenses associated with responding to this RFI. [Agency] will not pay for information received in response to this RFI.

There is no commitment by the Government to issue an RFQ, make an award or awards, or to be responsible for any monies expended by industry responses to this RFI.

[Describe what you want to see in the responses, sometimes called Capability Statements. Page limit? Usually you ask for Schedule contract number, relevant information on the company, and brief descriptions of recent and relevant projects for tasks similar to those in the Draft PWS. Some agencies also use this as opportunity to get specific comments on an initial Draft PWS. If you are soliciting comments on the Draft PWS, describe the desired format for those comments.]

Do not submit pricing information in response to this RFI.

Submit RFI responses to:

[name, address, e-mail address, phone number]

by [deadline date].

[Within eBuy you will specify a reasonable deadline for the responses. Also, remember to check the block that says it is for information only. If you forget that block, eBuy will treat this as an RFQ. Remember to give it a complete and descriptive title (including location and period of performance) in eBuy as that will appear in the e-mail subject line that results from the posting. It’s often a good idea to let your agency's Contracting Officer see your RFI before you post it on eBuy. Your agency may have particular language to be used in Sources Sought Notices/eBuy RFIs.]

Blog 11: Are Schedule Orders "Protest-Proof?" [Linked]

Dave Clemens — Mon, 09 Mar 2009 17:17:00 GMT

No.

See:

http://contacts.gsa.gov/blogs/servicesordering.nsf/dx/not-protest-proof?opendocument&comments

Search terms:

GSA Multiple Award Schedule MAS FSS Federal Supply Schedules service services task order orders ordering professional services protest protests GAO Court of Federal Claims Comptroller General Comp Gen decision decisions evaluation

Blog 10: Options on Task Orders [Linked]

Dave Clemens — Fri, 06 Mar 2009 21:06:00 GMT

This blog post addresses some frequently asked questions on task order options, including their timing, duration, and relationship to the Schedule contract's period of performance (which itself has option periods).

See:
http://contacts.gsa.gov/blogs/servicesordering.nsf/dx/order-options?opendocument&comments

Search terms:

GSA Multiple Award Schedule MAS FSS Federal Supply Schedules service services task order orders ordering professional services option options performance period of performance expired Schedule contract canceled termination terminated cancellation

Blog 9: Is a BPA a Contract? [Linked]

Dave Clemens — Thu, 22 Jan 2009 17:01:00 GMT

Not usually.

A Blanket Purchase Agreement is Not a “Contract” for Most Federal Procurement Purposes

See:
http://contacts.gsa.gov/blogs/servicesordering.nsf/dx/bpa-not-contract?opendocument&comments

GSA Multiple Award Schedule MAS FSS Federal Supply Schedules service services task order orders ordering professional services blanket purchase agreement BPA BPAs elements of a contract court board contract formation FAR GAO.

Blog 8: Can Ordering Agencies Add Any Necessary FAR or Agency Clauses to an Order? [Linked]

Dave Clemens — Fri, 16 Jan 2009 20:22:00 GMT

This blog post describes the reasons Ordering Officers sometimes need to include clauses from the FAR or from their agency's FAR Supplement in Schedule task orders. When we say that ordering agencies may add "non-conflicting" clauses to their orders, what do we mean?

See:
http://contacts.gsa.gov/blogs/servicesordering.nsf/dx/add-clauses-to-orders?opendocument&comments

GSA Multiple Award Schedule MAS FSS Federal Supply Schedules service services task order orders ordering professional services clauses clause RFQ provision provisions FAR Supplement

Blog 7: Schedules Ordering References (Multiple Subjects)

Dave Clemens — Wed, 14 Jan 2009 19:55:00 GMT

Multiple Award Schedule Desk Reference (2008)
Here is the official copy from a GSA website and here is one with my comments included. This is the principal GSA publication on Schedules ordering.

NAICS Code to Service Schedule
Before you post something on FedBizOpps, use this NAICS Code cross-reference to point you to a service Schedule or SIN. If you decide to go the Schedule route, you won’t be doing anything with FedBizOpps. This cross-reference is also a good screening tool for service purchase requests: Is there a Schedule that might meet this type of requirement?

How Do I Find the Schedule Contract Clauses?
Ordering agencies need to know what clauses the Schedule contracts already contain so they do not conflict with or duplicate the contract when it comes to the clauses they decide to include in their orders.

Why Do Federal Agency Contracting Officers Use the Schedules?
Get behind the marketing slogans you see on some GSA web pages for the real contracting (meaning FAR-based) reasons Federal agencies use the Schedules rather than create their own IDIQ or do a non-Schedule procurement.

Keep It Simple (Not FAR Part 15)!
One of the Schedules ordering pitfalls common to some contracting activities, especially among 1102s with mainly FAR Part 15 experience who haven’t done much Part 13 simplified acquisitions (which closely resemble Schedule orders), is to make their Schedule orders look like overly complex Part 15 acquisitions. The problem there isn’t just inefficiency but that courts and GAO have consistently held that if you make your Schedule order look like a Part 15 procurement, you will be held on review to those higher Part 15 procedural standards. Nothing in FAR Part 15 applies to Schedule orders, so keep it simple.

GSA Order Checklist
GSA has developed an ordering checklist as part of the free online course “Using GSA Schedules – Customer”

Schedules Training Suggestions - - Where to Find Out More About Schedule Ordering?
A great list of more online and other references to expand your knowledge of Schedules use.

March 25, 2009 Webinar (Audio Now Posted)

Dave Clemens — Wed, 14 Jan 2009 17:25:00 GMT

During the 3/25 free online webinar "Using GSA Schedules for Professional Services" (4 hours), we used the following documents:

1. Announcement (includes agenda and important registration instructions)

2. REQUIRED Webinar Handout

3. Supplemental Webinar Handout (strongly suggested but not required during the webinar)

Note: The identical webinar documents were also available at the GSA Management Services Center webpage under "MSC References."

Here is the audio (in three parts) for the 3/25/2009 webinar:

Audio Part 1 (slides 1-31)

Audio Part 2 (slides 31-46)

Audio Part 3 (slides 47-end)

Here are the Webinar Questions and Answers.

Blog 6: Can a Business Be of One Size on the Schedule Contract and a Different Size on the Task Order? [Linked]

Dave Clemens — Thu, 08 Jan 2009 18:33:00 GMT

Yes. This is possible but only if the Ordering Officer has the Schedule contractor recertify its business size at the task order level.

See:
http://blogs.gsa.gov/blogs/servicesordering.nsf/dx/order-size-schedule-size?opendocument&comments

Search terms:

GSA Multiple Award Schedule MAS FSS Federal Supply Schedules service services task order orders ordering professional services small business businesses size size standard NAIC NAICS Code size recertification SBA

Blog 5: NAICS Codes, Business Size and Schedule Orders [Linked]

Dave Clemens — Wed, 07 Jan 2009 17:52:00 GMT

This blog post discusses the NAICS Codes on the Schedule contracts and their impact on your order in addition to the impact of that NAICS Code on contractor size determination both at the Schedules contract level and at the task order level.

See:
http://blogs.gsa.gov/blogs/servicesordering.nsf/dx/naics-size?opendocument&comments

Search terms:

GSA Multiple Award Schedule MAS FSS Federal Supply Schedules service services task order orders ordering professional services small business businesses size large standard NAIC NAICS Code size recertification SBA socioeconomic contractor order Schedule contract