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

9.  Amend section 8.405-2 by--

a.  Adding a sentence to the end of paragraph (a);

b.  Removing from the first sentence in paragraph (b) "include the work" and adding "include a description of work" in its place;

c.  Revising the heading to paragraph (c)(2), and paragraphs (c)(2)(ii), (c)(2)(iii) and (c)(3);

d.  Revising the third sentence of paragraph (d);

e.  Removing from the end of paragraph (e)(6) the word "and";

f.  Removing from the end of paragraph (e)(7)(ii) "order." and adding "order; and" in its place; and

g.  Adding paragraph (e)(8).

The revised and added text reads as follows:

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

(a)  * * * "or establishing BPAs and for orders under BPAs see 8.405-3." * * * * *

(c)  * * *

(2)  For orders exceeding the micro-purchase threshold, but not exceeding the simplified acquisition threshold. * * * * *

(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 or document the circumstances for restricting consideration to fewer than three schedule contractors based on one of the reasons at 8.405-6(a).

(iii)  The ordering activity shall specify the type of order (i.e., firm-fixed-price, labor-hour) for the services identified in the statement of work. The contracting officer should establish firm-fixed-prices, as appropriate.

(3)  For proposed orders exceeding the simplified acquisition threshold. In addition to meeting the requirements of 8.405-2(c)(2)(i) and (iii), the following procedures apply:

(i)  Each order shall be placed on a competitive basis in accordance with (c)(3)(ii) and (iii) of this section, unless this requirement is waived on the basis of a justification that is prepared and approved in accordance with 8.405-6.

(ii)  The ordering activity contracting officer shall provide an RFQ that includes a statement of work and the evaluation criteria.

(iii)  The ordering activity contracting officer shall--

(A)  Post the RFQ on e-Buy to afford all schedule contractors offering the required services under the appropriate multiple-award schedule(s) an opportunity to submit a quote; or

(B)  Provide the RFQ to as many schedule contractors as practicable, consistent with market research appropriate to the circumstances, to reasonably ensure that quotes will be received from at least three contractors that can fulfill the requirements. When fewer than three quotes are received from schedule contractors that can fulfill the requirements, the contracting officer shall prepare a written determination to explain that no additional contractors capable of fulfilling the requirements 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.

(C)  Ensure all quotes received are fairly considered and award is made in accordance with the evaluation criteria in the RFQ.

(d)  * * * Place the order with the schedule contractor that represents the best value (see 8.404(d) and 8.405-4). * * *

(e) * * *

(8)  When an order exceeds the simplified acquisition threshold, evidence of compliance with the ordering procedures at 8.405-2(c).