8.404  Use of Federal Supply Schedules.

6.  Amend section 8.404 by--

a.  Revising the last sentence in paragraph (a);

b.  Redesignating paragraph (e) as paragraph (g);

c.  Adding new paragraphs (e) and (f); and

d.  Revising the newly redesignated paragraph (g).

The revised and added text reads as follows:

8.404 Use of Federal Supply Schedules.

(a)  * * * Therefore, when establishing a BPA (as authorized by 13.303-2(c)(3)), or placing orders under Federal Supply Schedule contracts using the procedures of 8.405, ordering activities shall not seek competition outside of the Federal Supply Schedules or synopsize the requirement; but see paragraph (g) of this section.* * * * *

(e)  The procedures under subpart 33.1 are applicable to the issuance of an order or the establishment of a BPA against a schedule contract.

(f)  If the ordering activity issues an RFQ, the ordering activity shall provide the RFQ to any schedule contractor that requests a copy of it.

(g)

(1)  Ordering activities shall publicize contract actions funded in whole or in part by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5):

(i)  Notices of proposed MAS orders (including orders issued under BPAs) that are for "informational purposes only" exceeding $25,000 shall follow the procedures in 5.704 for posting orders.

(ii)  Award notices for MAS orders (including orders issued under BPAs) shall follow the procedures in 5.705.

(2)  When an order is awarded or a Blanket Purchase Agreement is established with an estimated value greater than the simplified acquisition threshold and supported by a limited-source justification at 8.405-6(a), the ordering activity contracting officer must--

(i)  Publicize the action (see 5.301); and

(ii)  Post the justification in accordance with 8.405-6(a)(2).