3._Commercial_Platforms_Ordering_Procedures_(NDAA,_Section_846).pdf

Commercial Platforms (FY18 NDAA Section 846)

1. Ordering Procedures

1.1 Definitions

The following definitions are provided:

E-marketplace: An online portal is run by one vendor—the portal provider. The e-marketplace platforms can offer third party vendor products. They may also be able to offer their own products as well. Portal providers and third-party vendors are generally responsible for fulfilling orders for their respective products.

Ordering Official: An authorized ordering official on the e-marketplace platforms.

Micro-purchase threshold: “Micro-purchase” means the threshold set forth in FAR 2.101 or in any agency deviation.

Suppliers: Third-party vendors that offer products on e-marketplace platforms.

1.2 Government Purchase Cards

The Government purchase card (GPC) offered by the GSA SmartPay program shall be the only authorized method to purchase and to pay for micro-purchases on the e-marketplace platforms. The purchase card shall be used by a valid and approved purchase cardholder.

1.3 Product Scope on E-marketplace Platforms with Purchase Card The ordering official may buy any commercially available product on the e-marketplace platforms that is:

● within their spending limits

● within the micro-purchase threshold of the e-marketplace platforms

● permissible by agency purchasing rules (example: those products, such as IT, that are governed by specific agency policies)

● and not prohibited by federal procurement regulations

The following items cannot be purchased:

● long-term rental or lease of land or buildings

● travel or travel-related expenses (not including conference rooms, meeting spaces, and local transportation services)

● Any other prohibited item identified by the Administrator of GSA, such as any hardware, software, or services developed or provided by Kaspersky Labs, or telecommunications or surveillance equipment or services identified in Section 889 of the FY19 NDAA (e.g. Huawei, ZTE, etc). These items will be identified or blocked from view by the e-marketplace providers.

The following items cannot be purchased at the individual agency level:

● Any item prohibited by the ordering official’s agency

1.4 Mandatory Sources

Prior to purchasing through the e-marketplace platforms, ordering officials shall comply with FAR 8.002 regarding priorities for use of mandatory Government sources (see footnote for complete list) when 1 purchasing through the e-marketplace platforms. Mandatory sources will be identified as such on the e-marketplace platforms, but alternative available items may be displayed in different ways.

1.5(A) Federal Prison Industries (FPI) Supplies manufactured and services performed by FPI can be found here. An ordering official does not need to purchase the required item from FPI if the ordering official makes a determination that the FPI item of supply is not comparable to supplies available from the private sector that best meet the Government’s needs in terms of price, quality, and time of delivery [see FAR 8.602(a)(4)]. Ordering officials should request a waiver from FPI for mandatory items above $3,500 (see FAR 8.604).

1.5(B) AbilityOne

The Committee for Purchase From People Who Are Blind or Severely Disabled administers the AbilityOne Program® and maintains a Procurement List of products and services that the Government 2 must purchase (see FAR 8.002 and 8.7). E-marketplace providers shall ensure the procurement list items are appropriately labelled on the platform for selection by a buyer. For most products offered under the AbilityOne Program, there is a commercial product that has been deemed equivalent in fit, form, and function, and is referred to as ‘Essentially The Same’ (ETS) items. When such an ETS item exists, an e-marketplace providers shall provide a notification (or ideally block) and reference the buyer to the appropriate AbilityOne item.

1.6 Environmentally-Friendly Products

The e-marketplace platforms will display the logo or identifier for common environmentally friendly products such as Electronic Product Environmental Assessment Tool (EPEAT®)-registered ENERGY STAR®, FEMP, and Bio-Based.

1 Agencies shall satisfy requirements for supplies and services from or through the sources and publications listed below in descending order of priority:

(1) Supplies.

(i) Inventories of the requiring agency.

(ii) Excess from other agencies

(iii) Federal Prison Industries, Inc

(iv) Supplies which are on the Procurement List maintained by the Committee for Purchase From People Who Are Blind or Severely

Disabled

(v) Wholesale supply sources, such as stock programs of the General Services Administration (GSA), the Defense Logistics

Agency, the Department of Veterans Affairs, and military inventory control points.

(2) Services. Services that are on the Procurement List maintained by the Committee for Purchase From People Who Are Blind or

Severely Disabled 2 https://www.abilityone.gov/procurement_list/product_list.html https://www.unicor.gov/SopAlphaList.aspx https://www.abilityone.gov/procurement_list/product_list.html

When purchasing energy-consuming products as defined in FAR 52.223-15, an ordering official shall ensure that an energy consuming product is energy efficient. Energy efficient products are designated as ENERGY STAR® or FEMP. Purchasers will be able to identify ENERGY STAR® or FEMP products by the identifier displayed with the product.

Ordering officials are not required to purchase an ENERGY STAR® or FEMP-designated product if no ENERGY STAR® or FEMP-designated product is reasonably available that meets the functional requirements of the agency or no ENERGY STAR® or FEMP-designated product is cost effective over the life of the product taking energy cost savings into account.

1.7 Small Business

Ordering officials are encouraged to consider items manufactured or supplied by small businesses when using the e-marketplace platforms. Small businesses who register in System for Award Management (SAM) will be identified for buyers. GSA will investigate the potential for orders from small businesses qualifying for socioeconomic credit.

1.8 Country of Origin

Ordering officials may consider a product’s Country of Origin as reported on the e-marketplace platform as a part of their buying criteria.

1.9 Placing of Orders

Purchases may be made through any awarded e-marketplace platform. For purposes of this program, the ordering official is required to review similar items and their prices and price related terms conditions such as delivery and warranty terms from at least two suppliers. Through this review, the ordering official has determined the price of an item selected is reasonable and results in the best value. The marketplace shall provide a means to document this review, such as a text box, a drop down menu, or other means. An ordering official may, but is not required to, review items on more than one e-marketplace platform.

Purchases shall be made with the Government purchase card (GSA SmartPay).

Ordering officials shall follow the guidance in FAR 13.2 and FAR 13.301.

The e-marketplace platforms will provide an area where the rationale for the order may be documented.

This function will be useful both for purposes of review and approval prior to placement of orders and to maintain a record after the fact.

1.10 Product Ratings and Vendor Reviews

Ordering officials shall not post product ratings and vendor reviews until GSA determines the appropriate policy and procedures.

https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194323