[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR8.405-2]



[Page 129-130]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 8_REQUIRED SOURCES OF SUPPLIES AND SERVICES--Table of Contents

 

                  Subpart 8.4_Federal Supply Schedules

 

Sec. 8.405-2  Ordering procedures for services requiring a statement of work.



    (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.

    (b) Statements of Work (SOWs). All Statements of Work shall include 

the 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, e-Buy (see 

8.402(d)).

    (1) Orders at, or below, the micro-purchase threshold. Ordering 

activities may place orders at, or below, the micro-



[[Page 130]]



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 maximum order 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.

    (iii) The ordering activity should request that contractors submit 

firm-fixed prices to perform the services identified in the statement of 

work.

    (3) For proposed orders exceeding the maximum order threshold or 

when establishing a BPA. In addition to meeting the requirements of 

8.405-2(c)(2), the ordering activity shall--

    (i) 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. When determining the 

appropriate number of additional schedule contractors, the ordering 

activity may consider, among other factors, the following:

    (A) The complexity, scope and estimated value of the requirement.

    (B) The market search results.

    (ii) Seek price reductions.

    (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, or establish the BPA, with the schedule contractor that 

represents the best value (see 8.404(d)). 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) 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; and

    (7) The rationale for using other than--

    (i) A firm-fixed price order; or

    (ii) A performance-based order.



[69 FR 34234, June 18, 2004, as amended at 70 FR 43579, July 27, 2005]