Attachment 5 - Ordering Procedures (Amended).pdf

ATTACHMENT 5

Note: This attachment is provided for reference only and is intended to be a working version of the Ordering Procedures that Government buyers will be expected to follow when making purchases from the Commercial Platforms affiliated with the Commercial E-Marketplace Acquisition. This document will continue to be refined as commercial platforms are onboarded.

Ordering Procedures - Commercial Platforms

1. Ordering Procedures

1.1 Definitions

The following definitions are provided:

E-marketplace Platform: An online platform where Government purchase card holders can evaluate and order products via a portal operated by a vendor—the portal provider.

The e-marketplace platforms can offer portal provider products and/or third party vendor products. Portal providers and third-party vendors are generally responsible for fulfilling orders for their respective products.

Purchase Cardholder: An individual issued and authorized to use a Government Purchase Card (GPC) on behalf of his or her agency / organization.

Micro-purchase threshold: “Micro-purchase” means the threshold set forth in FAR

2.101 or in any agency deviation.

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

1.2 Approved Payment Method: Government Purchase Cards

The GSA SmartPay® Government Purchase Card (GPC) is the only authorized method of payment for purchases placed on the e-marketplace platforms. Government buyers are not allowed to use any other forms of payment, including 3rd party payment processors (e.g. PayPal, Venmo, Google Wallet, WePay, etc) or payments using any form of cryptocurrency. The GPC shall be the only allowable method of payment and all GPCs must be used by an authorized purchase cardholder.

1.3 Permissible Purchases on E-marketplace Platforms

The purchase cardholder may buy any commercially available product on the e-marketplace platforms that is/are:

● Within their authorized spending limits

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

● Not prohibited by law, regulation, or agency policy or

● Ancillary services affiliated with the purchased items (only if allowed per the authorized cardholder’s agency policy).

All micro-purchase purchasing rules apply and must be complied with for all purchases made on the e-marketplace platforms. See FAR 13.2 and 13.301 and consult your agency’s GPC coordinator for additional guidance.

The following items cannot be purchased:

● Services

● Long-term rental or lease of land or buildings

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

● Items that pose security vulnerability, including any product or services prohibited by statute, regulation or other Federal policy, e.g. Department of Homeland Security Binding Operational Directive, the Federal Acquisition Security Council, as well as:

○ Hardware, software, or services developed or provided by Kaspersky Labs or other covered entities per FAR Subpart 4.20;

○ Covered telecommunications and video surveillance services or equipment per Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, including:

■ Telecommunication equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities)

■ Video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities)

1.4 Mandatory Sources

https://www.federalregister.gov/documents/2018/06/15/2018-12847/federal-acquisition-regulation-use-of-products-and-services-of-kaspersky-lab https://www.congress.gov/bill/115th-congress/house-bill/5515/text#toc-H4350A53097BD46409287451A50C4F397

Prior to purchasing through the e-marketplace platforms, authorized purchase cardholders shall comply with FAR 8.002 regarding priorities for use of mandatory Government sources1 (see footnote for complete list) when purchasing through the e-marketplace platforms. As available, mandatory sources such as AbilityOne, will be identified as such on the e-marketplace platforms, however the authorized purchase cardholder is ultimately responsible for ensuring compliance with the mandatory source requirements in FAR Part 8.

Buyers are responsible for ensuring all applicable Federal Prison Industry (FPI) / UNICOR product requirements are followed, including any needed waivers for purchases over $3.500. As directed by 10 U.S.C. 2410, agency buyers must consider FPI / UNICOR products in the buying decision. Market research must first be conducted to determine whether an FPI product is comparable to products available from the private sector which best meet the agency’s needs in terms of price, quality and time of delivery. Determining comparability is a unilateral decision made at the discretion of the agency's contracting official.

1.5 Sustainable Products

Federal agencies are required to purchase sustainable products and services to the maximum extent practicable in accordance with FAR Part 23. Authorized purchase cardholders may visit the GSA Green Procurement Compilation for a comprehensive list of sustainable product and service requirements for Federal purchases. The authorized purchase cardholder is ultimately responsible for ensuring compliance with FAR Part 23 requirements.

1.6 Small Business

Authorized purchase cardholders are encouraged to consider items manufactured or supplied by small businesses when using the e-marketplace platforms, in accordance with FAR Part 19.

1.7 Country of Origin

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 https://sftool.gov/greenprocurement/

Authorized purchase cardholders may consider a product’s Country of Origin when made available on the e-marketplace platforms as a part of their buying criteria.

1.8 Product Ratings and Vendor Reviews

Authorized purchase cardholders shall not post product ratings and vendor reviews until GSA disseminates guidance for the appropriate policy and procedures for such reviews, however authorized purchase cardholders may use the existing reviews as part of market research prior to the purchase of an item.

1.9 Placing of Orders

Purchases may be made through any awarded e-marketplace platform. For purposes of this program, the authorized purchase cardholder should promote competition by reviewing similar items and their prices and price related terms and conditions, such as delivery and warranty terms, from at least two suppliers within a single e-marketplace portal or across the different portals. Through this review, the authorized purchase cardholder shall determine that the price of an item is fair and reasonable and that the purchase of the item will result in the best value to the Government. The e-marketplace platform is expected to provide a means for the authorized purchase cardholder to document this review. This function will be useful both for purposes of review and approval prior to placement of orders and to maintain a record of purchases.

Authorized purchase cardholders shall follow all applicable guidance in FAR Part 13 and agency-specific policies governing the use of the GPC.