What are Sole Source Contracts?

What are Sole Source Contracts?

Sole Source Contracts are non-competitive procurements that allow a single supplier to fulfill the needs of the contractual requirements. Though Full and Open Competition is preferred in federal acquisitions, the use of a sole source can be highly valuable when specific circumstances are met. Sole-Source acquisitions are detailed in the Federal Acquisition Regulation (FAR) parts 6 and 13; aspects of the sole-source award process include an exigent need, limited source of supply or service, brand-name justification, and/or competition is determined inadequate. In most cases, Sole Sourcing is the result of competitive proposals being not applicable to the contract requirements.

How Are Sole Sources are Awarded?

Sole source awards can be made to vendors when one or more of three criteria are met.

  • The item/service is available only from one source (Brand Name Justification).
  • The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation.
  • Competition is determined inadequate after solicitation of a number of sources.

Justification an Approval (J&A)

Sole source awards require contracting officer to complete written justifications for approval when considering a sole source contract.  It is important for vendors to arm contracting officers with the information that need to help to make this justification. The requester will provide circumstances for approval with applicable supportive information. These criteria include:

  • Description of the project and amount to be designated for the contract
  • Explanation of necessity to contract from one source:
    • Descriptions of unique aspects in which eliminates competition. Such as unique capability, expertise, facilities or equipment that no other source can provided.
    • Verifying that such aspects are indeed only available through the one source.
    • If this is an urgent timing matter, such as emergencies that will have a significant effect, please provide the descriptions of deadlines, impacts of deadlines and the need for the timely contract.
  • If there are competitors, explanation of how long they would take to complete the same task
  • Results of a Market survey determining the inadequate competition
  • Declaration that this sole source procurement is in the best interest of the agency.

Sole Source Thresholds

Here are a few tips to remember when purchasing lobbying for a sole source. Every purchase that goes over the Micro-Purchase Threshold of $10,000 (or $3,500 for DOD), a justification will be required, unless the purchase is from an existing contract, the supplier is named in the opportunity or the purchase is being competitively solicited. The only exception for justification is consulting services.
When above the micro-purchase threshold, a
gencies have the authority to award Sole Source contract noncompetitive proposals but must meet extensive criteria for justification and approval. Sole Source justification must meet the following circumstances:

  • Written justification must be provided and approved specified in FAR based on value of acquisitions
    • Above the micro-purchase threshold, but below the simplified acquisitions threshold – contracting officer certification that acquisition is accurate and complete
    • Above the simplified Acquisition Threshold, but below $700,000 — contracting officer certification that acquisition is accurate and complete
    • Above $700,000, but not exceeding $13.5 million – the advocate for competition for the for the procurement activity or designated officer (see FAR 6.305) approval is required
    • Above $13.5 million, but below $68 million – head of the procuring activity of designated official (see FAR 6.305) approval is required
    • Above $68 million — by the senior procurement executive of the agency in accordance with agency procedure
  • Make the justification publicly available within 14 days after contract award, unless it is an unusual and compelling urgency, then 30 days after award

Sole Sourcing Denial

There will be situations where the Sole Source contract will not be accepted. This happens when there is more than one bidder or offeror for the one proprietary item, when an agency prefers a specific name branded product or at times, those aspect’s uniqueness alone will not be enough to be determined as a sole provider. In addition, the justifications can also result in disapproval if it is used to select a preferred vendor. This will lead to auditors digging for details to suggest a possibility of favoritism, partiality or other bias.

Benefits

The benefits to a vendor are multiple, but you should understand the benefits to agencies as well to help negotiate the need for a sole source. Aside from a quicker acquisition process, other benefits include an efficiency increase on the administrative side with lowered production costs, fewer contracts to negotiate and, ideally, a better value for the prices. Product quality should improve as the delivery process will be more effective. Because of the short span from delivery to use, there may be quicker discoveries of any defective items. There will also be an opportunity to build a partnership with the supplier which could be very beneficial long term.

Please let Coley know if you have any questions on federal contracting or sole sources items. 

Introduction to The SBA’s Mentor-Protégé Program

Introduction to The SBA’s Mentor-Protégé Program

A Path to Government Contracting

One of the Small Business Administration’s mission is to continuously expand Federal contracting opportunities for Small Business. In 2016, they established the All Small Mentor-Protégé Program (ASMPP) to extend SBA approved mentor-protégé relationships to every small business. The program was designed to enhance the capability of the protégé firms to win Federal business utilizing the mentor company’s business development capabilities and substantive project experience.

The SBA created the program in 2016 to apply a consistent requirement for all socioeconomic-program small business categories. The SBA ASMPP Program has a process for application and approval by the SBA ASMPP Qualifications include:

Protege:

  • Be a small business with industry experience
  • Have a proposed mentor prior to applying for the program
  • Be organized for profit or as an agricultural cooperative
  • Have no more than two mentors in the business’ lifetime

Mentor:

  • Be organized for profit or as an agricultural cooperative
  • Have no more than three protégés at a time
  • For the SBA to approve the mentor-protégé agreement:
  • The SBA must determine that the mentor-provided assistance will promote real developmental gains for the protege, not just act as a vehicle to receive federal small business set-asides
  • An SBA “determination of affiliation” must not exist between the mentor and the protege
  • The qualification criteria are fully defined in Title 13 Part 125.9 of the Code of Federal Regulations (CFR).

The ASMPP includes the added benefit of allowing approved ASMPP vendors to develop a Joint Venture (JV) to compete on contracts, including small business set-asides.  While each socioeconomic category has its own regulations, they all share the same requirements for the creation and function of a JV.  Remember that the JV must be approved by the SBA in addition to the approval for the ASMPP program.

What is a Joint Venture Agreement?

There are specific requirements and roles for each member of the Joint Venture.  To receive SBA approval, the mentor and protégé must execute a JV agreement to be approved by the SBA.  There are only three rules to maintain the JV:

  • The Joint Venture must perform the appropriate percentage of work based on the subcontracting requirements;
  • The protégé must perform 40% of that and not be limited to “administrative or ministerial functions”;
  • The Joint Venture must submit annual reports to the SBA and the contracting agencies explaining how the work is being performed for each contract.

The ASMPP and subsequent JV are “training wheels” for small protégé firms—SDVOSBs, 8 (a)s, and HUBZones, etc.—to build confidence, past performance, and sound processes for winning and successfully delivering Federal contract work.

If you have additional questions, please contact Coley by email  at [email protected] or phone at 210-402-6766.

Fixing Federal Verification Co., Inc. Mistakes on GSA

If your GSA contract was awarded using the debarred Federal Verification Co., Inc or one of their 40 plus aliases, your contract may be at risk of non-compliance.  Names used include GSA Applications, GSA 1000, GSA Processors, GSA Alliance, Federal Suppliers Guide, Government Awards Consulting, and a variety of others.  A list of Alternate Business Names appears here.

GSA debarred this GSA consultant and has requested all affected contractors to update their schedule to remove these consultants from your schedule.

To complete this process, you must have at least one digital certificate associated with a company representative with signature authority.  If you (more…)

Validate Your ACES Business Representative Certificate with GSA

Digital Certificates: Don’t let this delay your success!

All GSA Schedule holders and new offerors who wish to do business with the GSA Federal Supply Schedule program must have a digital certificate to access various GSA systems that are essential for continued success.  These systems include the eOffer system (used to submit new offers to GSA), eMod (submitting contract modifications), and the new FAS Sales Reporting system used to submit your monthly FSS sales.

As consultants, we are equipped with the appropriate certificates that are used to access GSA systems on your behalf, however GSA does require that at least 1 individual (who is also an authorized negotiator on the contract) that is a direct employee of your organization have this certificate as well.

If you think you’re fine and have a certificate installed, are you also tracking the expiration date?  Digital certificates have a 2 year shelf life and a new application must be processed with the appropriate vendor.  Also keep in mind that this process will take at least a couple of weeks and tracking the expiration date of your existing certificate will help avoid any possible interruption of access.

For new offerors that have decided to submit an offer under the GSA Federal Supply Schedule program, or if you need a new certificate, please follow the instruction provided by GSA.

If you are an existing FSS contractor and not sure if you have access to GSA’s system, use this time to see if you have access in order to mitigate any possible delays in the future.  Here’s how to check:

  • Find the computer and browser in which your digital certificate was installed
  • Go to https://eoffer.gsa.gov/
  • Click ‘Sign In’ under ‘Contract Offers or Contract Modifications.

After the click, and if you’re certificate was found, a prompt will pop up and show you the certificates installed on the machine.  If you see an ACES certificate with your name listed, you now know that the certificate has been installed properly and you know what browser you should be using moving forward (Internet Explorer, Chrome, etc.).  Below is my digital certificate after clicking the appropriate sign in button.

digital certificate
IF IT DOES NOT POP UP: No pop up means that there was no digital certificate found on either that machine and/or browser.  Keep trying until you find it, and if no certificate can be ultimately be found, click here to find out how to apply for a new digital certificate and follow instructions from the provider.

IF IT DOES POP UP: Select the appropriate certificate and click ‘OK’ to go to the next screen.  Congratulations, you have a digital certificate installed!  At this point, you need to find out if you are authorized to access your contract via eMod.

  1. After clicking ‘OK’, enter your DUNS and click ‘Submit’.
  2. Ensure that the contract number is selected and click ‘Select Contract’

The next screen will let you know if you an Authorized Negotiator or not and the next screen will surely let you know.  If you see the eMod main screen, you’re good to go with no further actions!  Remember, track the expiration date so that you know when to submit for a new certificate.

If the next screen looks similar to the screenshot below, you are either 1) not an Authorized Negotiator who is authorized to access the contract, or 2) you are an Authorized Negotiator, however your certificate is not syncing with GSA’s systems.

If this is the case:

  1. Fill in all information with the * and click ‘Submit Request’.  DO NOT CHANGE any pre-populated information such as the name an email address.  These fields are what allows your digital certificate to sync with GSA’s systems.
  2. Continue to follow the on screen instructions until the Authorized Negotiator modification is submitted.  Be prepared to upload two documents prior to submission: a signed cover letter requesting to be added to the contract AND a screenshot of your digital certificate.

What is a CAGE Code?

CAGE Code stands for Commercial and Government Entity code.

The Department of Defense’s Defense Logistics Agency, (DLA) assigns the five-character ID and uses alpha numeric identifier is assigned to entities located in the United States and its’ territories.

How is a Cage Code Used?

Any company pursuing business with the Federal Government, must have a CAGE code. It supports a variety of procurement and acquisition processes throughout the U.S. Government.

CAGE codes are also used outside the United States and its territories under the NATO Codification System (NCS) and are referred to as NATO Commercial and Government Entity, NCAGE Codes.  Find more information on how to obtain NCAGE codes here.

How to Get a CAGE Code?

The government does not charge for registration, assignment, and maintenance of CAGE Codes. Any company that wants to do business with the Federal Government must register at SAM.gov. During registration, you will be assigned a new CAGE Code if one doesn’t already exist. If you already have one, your information will be updated.

Once your Sam Registration is submitted, information is then routed to DLA for CAGE Code assignment. You can check your registration status with the SAM Status Tracker. Once DLA approves and assigns the code, it is sent back to SAM and included to the Entity Registration.

If you are NOT pursuing business with the Government but require a CAGE Code, you may navigate to the DLA’s website to Request One. The DLA CAGE Program Office is the only authorized source for U.S. CAGE Codes and has up to 10 business days to process all CAGE Requests.

Do CAGE Codes Expire?

As of August 26, 2016, CAGE Codes are assigned an expiration date of five years from the last update. For now, any Cage Codes updated prior to August 26, 2016 do not have an expiration date assigned.

How to Update a CAGE Code

Updating the CAGE information regularly through SAM or the CAGE office will keep it from expiring.

If you need to Update yours, you can visit the DLA’s CAGE website.

 

A List of TAA Designated Countries

What is TAA Compliance?

Map of TAA Compliant Countries(Updated: May 29, 2018 )

How do you know if you are TAA Compliant? TAA refers to the Trade Agreement Act. Under 19 USC 2501 Trade Agreements Act government agencies may only purchase US-made or designated country end products or US or designated country services.

Are Your Products on GSA Schedule TAA Compliant?

Because the estimated value of a GSA schedule exceeds $191,000, all GSA product sales must be Trade Agreement Act (TAA) compliant, as per FAR 25.4. In order to be TAA compliant, Customs and Border Protection (CBP) considers either that 50 percent of the cost of manufacture or location where product is “substantially transformed” is from/within a TAA Designated Country.

If you offer services through your GSA Schedule, the TAA may also apply to you; but that is not always the case. The issue of how the TAA applies to services is a complex one.

How to Determine if products were “Substantially Transformed?”

If a product is completely manufactured in the United States or in a TAA designated country, you are TAA compliant. Software country of origin is determined in the country where the software was compiled.

Sometimes a product requires assembly in several countries or has components from various countries; the TAA compliance becomes murkier and a determination of where the product is substantially transformed is required. If a product is manufactured in various countries, the final product must be “substantially transformed” in a designated country. Substantial transformation would be transforming an article into a new and different article of commerce, with a name, character, or use distinct from the original article. (refer to FAR 25.001(c))

Responsibility falls wholly on the government contractor, to determine if a product has been substantially transformed. More information on International Trade: Rules of Origin available here: http://www.fas.org/sgp/crs/row/RL34524.pdf.

Who Makes the Determination of TAA Compliance?

The U.S. Customs and Border Protection states that “the responsibility for making a determination of substantial transformation rests solely with the contractor. The contractor can go to The Office of Regulations and Rulings within U.S. Customs and Border Protection, which is the Federal agency responsible for making substantial transformation determinations or giving their opinions.”

How to Keep Your GSA Schedule TAA Compliant?

First you must have a system in place that periodically verifies that the products being offered under your GSA schedule are TAA compliant. Furthermore, if you are not a manufacturer, we recommend that you verify countries of origin quarterly or, at minimum, with catalog updates from your suppliers to verify that products are still being manufactured or “substantially transformed” in a TAA designated country.

If your manufacturing source changes during the term of your contract and items are now manufactured in a non-designated country, your products will consequently be out of compliance. You must immediately take action to remove the non-TAA compliant items from your GSA Schedule. A GSA consultant from the Coley team can assist with getting this processed.

TAA Designated Countries are regularly updated and can be accessed from here:  FAR-Clause-52_225-5. Also, as noted on our table below, if a product is manufactured in China, Indonesia, Malaysia, or Sri Lanka, you may be permitted to sell them, but only to the VA with a required waiver. Territories belonging to the United States, are TAA compliant therefore, American Samoa, Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands are compliant countries.

Current List of TAA Compliant Countries Include:

 

Edit
AfghanistanDenmarkLatviaSao Tome and Principe
AngolaDjiboutiLesothoSenegal
Antigua and BarbudaDominicaLiberiaSierra Leone
ArmeniaDominican RepublicLiechtensteinSingapore
ArubaEl SalvadorLithuaniaSint Eustatius
AustraliaEquatorial GuineaLuxembourgSint Maarten
AustriaEritreaMadagascarSlovak Republic
BahamasEstoniaMalawiSlovenia
BahrainEthiopiaMaliSoloman Islands
BangladeshFinlandMaltaSomalia
BarbadosFranceMauritaniaSouth Sudan
BelgiumGambiaMexicoSpain
BelizeGermanyMoldova*Saint Kitts and Nevis
BeninGreeceMontenegroSaint Lucia
BhutanGrenadaMontserratSaint Vincent and the Grenadines
BonaireGrenadinesMoroccoSweden
British Virgin IslandsGuatemalaMozambiqueSwitzerland
BulgariaGuineaNepalTaiwan
Burkina FasoGuinea BissauNetherlandsTanzania U.R.
BurundiGuyanaNew ZealandTimor- Leste (East Timor)
CambodiaHaitiNicaraguaTogo
CanadaHondurasNigerTrinidad & Tobago
Central African RepublicHong KongNorwayTuvalu
ChadHungaryOmanUganda
ChileIcelandPanamaUkraine*
ColombiaIrelandPeruUnited Kingdom
ComorosIsraelPuerto Rico**United States of America
Democratic Republic of the CongoItalyPolandVanuatu
Costa RicaJamaicaPortugalWestern Samoa
CroatiaJapanRomaniaYemen
CuracaoKiribatiRwandaZambia
CyprusKorea, Republic of (South)Samoa
Czech RepublicLaos

**Includes all US Territories

 

Non-TAA Compliant Countries List Below:

*FAR 52.225-5 (Reviewed: May 2018); Federal Acquisition Regulation , Trade Agreements.

 

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AlbaniaGeorgiaMarshall IslandsSeychelles
AlgeriaGhanaMauritiusSri Lanka
ArgentinaIndiaMicronesiaSudan
AzerbaijanIndonesiaMonacoSouth Africa
BelarusIranMongoliaSuriname
BoliviaIraqMyanmarSwaziland
Bosnia and HerzegovinaJordanNamibiaSyria
BotswanaKazakhstanNauruTajikistan
BrazilKenyaNigeriaThailand
Brunei DarussalamKorea, NorthPakistanTonga
CameroonKosovoPalauTunisia
Cape VerdeKuwaitPapua New GuineaTurkey
ChinaKyrgyzstanParaguayTurkmenistan
Cote d’IvoireLebanonPhilippinesUnited Arab Emirates
CubaLibyaQatarUruguay
EcuadorMacaoRepublic of CongoUzbekistan
EgyptMacedoniaRussiaVenezuela
FijiMalaysiaSaudi ArabiaVietnam
GabonMaldivesSerbiaZimbabwe

 
 

VA only – Waiver Required

The VA is in charge of the healthcare related Federal Supply Schedules (FSS.)There may be some instances where certain healthcare related products needed to save lives are only manufactured in non-TAA compliance countries including China. You must obtain a TAA Waiver from a Contracting Officer before you can add any non-TAA compliant products to your Schedule. The letter must state that the product is necessary and that they are providing a waiver of the TAA for a particular contract or task order.

The VA is currently processing Non-Availability Waiver Determinations under the VA’s 65 I B Pharmaceutical and Drugs Schedule program.  Furthermore, these waiver requests can only be processed for products falling under the scope of Special Item Number 42-2A Single source drug, innovator multiple source drug, and any biological product identified under Section 600.3 of Title 21, CFR.

 

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ChinaIndonesiaMalaysia
Sri LankaThailand

Sources:
World Trade Organization
GSA Vendor Support
VA – Office of Acquisition and Logistics  
FAR 25. 4 Acquisition.gov  
FAR 25.225-5 Acquisition.gov
Harmonized Tariff Schedule of the United States

 

*FAR Case 2016-009; New Designated Countries Effective as of October 31, 2016 for Moldova and Ukraine

52.225-5 Trade Agreements.

As prescribed in 25.1101(c)(1), insert the following clause:

Trade Agreements (Feb 2016)

(a) Definitions. As used in this clause—

“Caribbean Basin country end product”—

(1) Means an article that—

(i)    (A) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(B) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed; and

(ii) Is not excluded from duty-free treatment for Caribbean countries under 19 U.S.C. 2703(b).

(A) For this reason, the following articles are not Caribbean Basin country end products:

(1) Tuna, prepared or preserved in any manner in airtight containers;

(2) Petroleum, or any product derived from petroleum;

(3) Watches and watch parts (including cases, bracelets, and straps) of whatever type including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the Harmonized Tariff Schedule of the United States (HTSUS) column 2 rates of duty apply (i.e., Afghanistan, Cuba, Laos, North Korea, and Vietnam); and

(4) Certain of the following: textiles and apparel articles; footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; or handloomed, handmade, and folklore articles;

(B) Access to the HTSUS to determine duty-free status of articles of these types is available at http://www.usitc.gov/tata/hts/. In particular, see the following:

(1) General Note 3(c), Products Eligible for Special Tariff treatment.

(2) General Note 17, Products of Countries Designated as Beneficiary Countries under the United States-Caribbean Basin Trade Partnership Act of 2000.

(3) Section XXII, Chapter 98, Subchapter II, Articles Exported and Returned, Advanced or Improved Abroad, U.S. Note 7(b).

(4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special Tariff Benefits under the United States-Caribbean Basin Trade Partnership Act; and

(2) Refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the acquisition, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

“Designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as “the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei)”), or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

“Designated country end product” means a WTO GPA country end product, an FTA country end product, a least developed country end product, or a Caribbean Basin country end product.

“End product” means those articles, materials, and supplies to be acquired under the contract for public use.

“Free Trade Agreement country end product” means an article that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in an FTA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

“Least developed country end product” means an article that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.“United States” means the 50 States, the District of Columbia, and outlying areas.

“U.S.-made end product” means an article that is mined, produced, or manufactured in the United States or that is substantially transformed in the United States into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.

“WTO GPA country end product” means an article that—

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services, (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

(b) Delivery of end products. The Contracting Officer has determined that the WTO GPA and FTAs apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the Schedule. The Contractor shall deliver under this contract only U.S.-made or designated country end products except to the extent that, in its offer, it specified delivery of other end products in the provision entitled “Trade Agreements Certificate.”

(End of clause)

Who buys from GSA?

Who buys from GSA?

GSA Sources of Supply and Services & Eligible Activities

who-buys-GSADo you and your sales team know who your GSA customers are?

Acquiring a Schedule means that you are now a part of GSA’s “Sources of Supply and Services” – that’s a seal of approval for any procuring agency that your company has been vetted and your service/products have been found to be “Fair & Reasonable.”  So let’s start winning opportunities…but who can buy what you sell?

Eligible Activities

Eligible Activities (also used interchangeably as Eligible Ordering Activities) are defined as organizations that have been authorized by statute and/or regulation to use GSA’s Sources of Supply and Services pursuant to 40 U.S.C. 501 – 502.  Eligible Activities are broken down into discrete listings of subcategories and will define the organization’s limitations and accessibility to GSA’s MAS Schedule program.  Per GSA Order ADM 4800.2H, the existing Eligible Activities are:
(more…)

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