INTERDEPARTMENTAL PROCUREMENT not relieve the procurement office of its responsibility to place its orders at the lowest delivered prices available (after application of Buy American differentials, when appropriate, as set forth in the Federal Supply Schedule under the paragraph "Foreign Origin") unless there are factors for consideration which definitely justify the purchase at other than the lowest price. This responsibility exists whether or not the value of an order is more or less than the applicable open market limitation. When orders are placed with Schedule contractors at other than the lowest schedule price available for the type of services or supplies required, the procurement office shall include in the contract file a memorandum for record setting forth the facts and conclusions justifying the order. 5.106 Use of Federal Supply Schedules for Automatic Data Processing Equipment (ADPE) and Related Software and Maintenance Services. (a) Nothing in this Subpart 1 is intended to preclude or otherwise detract from the procurement of ADPE from a number of different sources, if such action will be in the best interests of the Government. The existence of a Federal Supply Schedule contract does not preclude or waive the requirement for full and complete competition in obtaining ADPE, software, or maintenance services. Suitable ADPE not on a Federal Supply Schedule contract, as well as that which is on such a contract must be considered. Bids or proposals should be solicited from all qualified sources, including those on Federal Supply Schedules, if such action will be in the best interest of the Government. (1) Purchase orders issued against Federal Supply Schedule contracts should delineate specifically both the hardware and/or the software being procured. Care should be taken to ensure that specific requirements and commitments are included in the purchase orders. (2) In any case where ADPE, software, or maintenance services are procured under a Federal Supply Schedule contract at other than the lowest available delivered price, justification for the action shall be documented in the contract file in accordance with the provisions of 5.105-4. (3) Except in those instances where a determination as to lowest overall cost can be reached and documented without further solicitation or negotiation, proposals or bids should be solicited to determine the ADPE, software, or maintenance services which would satisfy requirements at the lowest overall cost to the Government, price and other factors considered. (b) In accordance with the authority of 40 U.S.C. 486 (c) the General Services Administration (GSA) has authorized agencies to procure ADPE, software and maintenance items from Federal Supply Schedule contracts without prior review and approval of GSA. (1) In these instances, two copies of the solicitation document and any subsequent amendments thereto, shall be forwarded to the Director, ADP Procurement Division, Office of Automated Data Management Services-FTP, Federal Supply Service, General Services Administration, Washington, D.C. 20405, as soon as available, but in no event later than the date issued to industry. In addition, one copy of the resulting purchase order, delivery order or contract shall be forwarded upon issuance. PROCUREMENT UNDER FEDERAL SUPPLY SCHEDULE CONTRACTS (2) If, as a result of such solicitation, all or any part of the general purpose commercially available, mass produced ADPE, related software or maintenance service items selected are not available from a FSS contract, a request for procurement authority shall be forwarded to the Commissioner, Federal Supply Service, General Services Administration, Washington, D.C. 20405 through the Director of Procurement (Code KDP-1). This request shall consist of two copies of the solicitation document together with such other clarifying or explanatory information as may be available. No award shall be made until the required procurement authority has been granted. [Next page is 509] |