FAR PART 19 (SMALL BUSINESS) PROCEDURES DO NOT APPLY TO FEDERAL SUPLY SERVICE PROCUREMENTS

The Government Accountability Office recently reminded us that the requirements in the Federal Acquisition Regulation (“FAR”) for Part 19 procurements are not mandatory for General Services Administration Federal Supply Schedule Procurements.  Aqua Fitness Consulting Sys., Ltd, B-423173, Feb. 21, 2025.

Aqua protested the terms of a Request for Quotations (“RFQ”) from the US Marshall Service for a physical readiness and wellness program at the Federal Law Enforcement Training Center (“FLETC”), issued under the General Services Administration (“GSA”) FSS.  Specifically, Aqua protested that the set-aside for Women-owned small business (“WOSB”) was unreasonable.

The agency conducted market research and concluded that it could identify two WOSB offerors likely to quote at a reasonable, and the Contracting Officer set it aside for WOSB offerors, but asked four vendors to quote.  Aqua protested this as inadequate under FAR Part 19 procedures, alleging that the agency had failed to determine if the WOSB vendors were capable of performing the FLETC requirements. The GAO dismissed the protest because it failed to state a valid basis of protest.

The GAO noted that the preference programs of FAR part 19 (small business) are not applicable to FSS procurements, although an agency in its discretion may set aside orders for any of the small business concerns in Part 19.  Further, the choice of the type of business is up to the agency.

Since the agency had complied with FAR 8.405-5(a) (ordering procedures), there was no basis for the protest, and GAO dismissed it, noting that FAR 8.405-5(a) “explicitly directs the agency to follow the ordering procedures for FSS procurements under FAR subpart 8.4” .

For other helpful suggestions on government contracting, visit:

Richard D. Lieberman’s FAR Consulting & Training at https://www.richarddlieberman.com/, and Mistakes in Government Contracting at https://richarddlieberman.wixsite.com/mistakes.