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Office of Acquisition and Logistics (OAL)

38 U.S.C. 8127 Implementation Frequently Asked Questions Category 7

Categories:  1.  Supreme Court of the United States (SCOTUS) Decision affecting the Veterans First Contracting Program  |  2.  VA Rule of Two  |  3.  VA Form 2268  |  4.  Market Research  |  5.  Fair & Reasonable—Reasonable Expectation that Award can be Made at a Fair & Reasonable Price that Offers Best Value to the United States  |  6.  Sole Source  |  7.  General Services Administration (GSA)/Federal Supply Schedules (FSS)  |  8.  Other
 

General Services Administration (GSA)/Federal Supply Schedules (FSS)

 
 
  1. Have the SDVOSBs/VOSBs identified in GSA eBuy been VIP verified?

  2. FSS requires a minimum of three entities be solicited. The VA Rule of Two states if at least two SDVOSBs/VOSBs are identified then that is adequate to set-aside. Will the FSS minimum be changed to accommodate the minimum of two sources for the VA Rule of Two?

1.  Have the SDVOSBs/VOSBs identified in GSA eBuy been VIP verified?

No.  The contracting officer must verify in VIP any SDVOSB/VOSB.

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2.  FSS requires a minimum of three entities be solicited. The VA Rule of Two states if at least two SDVOSBs/VOSBs are identified then that is adequate to set-aside. Will the FSS minimum be changed to accommodate the minimum of two sources for the VA Rule of Two?

The VA Rule of Two is a decision to set-aside. It does not replace the requirement to solicit a minimum of three sources when issuing a competitive solicitation under a FSS pursuant to FAR 8.405 External link to a government website.  Currently, when soliciting using a FSS, per Class Deviation, dated July 25, 2016, Attachment 4, VAAR 808.405-70(a)(1), the RFQ shall:

  1. Be posted on e-Buy to afford all verified SDVOSB or VOSB schedule contractors, depending on the set-aside, offering the required supplies or services under the appropriate multiple award schedule(s) an opportunity to submit a quote; or
  2. Provide the RFQ to as many verified SDVOSB or VOSB schedule contractors as practicable, depending on the set-aside, consistent with market research appropriate to the circumstances.  The requirements in FAR 8.405-1, 8.405-2 and 8.405-3 External link to a government website, apply, except only verified SDVOSBs or VOSBs, will be considered.  For example, this includes the requirement under FAR 8.405-1 External link to a government website that the contracting officer must prepare a written determination explaining that no additional contractors capable of filling 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.

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