The following general information as to how to avoid protests when ordering from GSA Schedule contracts is not intended to provide legal advice. Ordering activities should consult an attorney for resolution of specific legal problems.

Do's and Don'ts for Ordering from Schedules

• Communication is the key. Keep it simple and straightforward. The Multiple Award Schedules (MAS) Program is a streamlined process; do not use complex Federal Acquisition Regulation (FAR) Part 15 procedures for an MAS order. The United States Court of Claims has specifically held that FAR Part 15 is not applicable to MAS orders. See Ellsworth Associates, Inc. v. United States, 45 Fed. Cl. 388 (1999). The Government Accountability Office (GAO) has also stated that FAR Part 15 does not apply to MAS orders. See Computer Products, Inc., B-284702, May 24, 2000. Generally, GAO will review an agency's actions to ensure that the evaluation was reasonable and consistent with the terms of the "solicitation" or Request for Quotation (RFQ). Agencies can use "best value" criteria for the placement of orders. However, if a formal FAR Part 15 negotiation process or something akin to it is utilized, GAO may use FAR Part 15 as guidance in reviewing an agency's actions. See ACS Government Solutions Group, Inc., B-282098.2, B-282098.3, June 2, 1999, 99-1 CPD 106.

• Tell contractors what the plan is and adhere to it. Information regarding the plan is critical. There is no need to identify detailed evaluation criteria but, at a minimum, identify the basis on which the selection is to be made. Evaluate in accordance with stated selection methodology and/or criteria. GAO will review an agency's actions to ensure that the evaluation was reasonable and consistent with the terms of the "solicitation." See COMARK Federal Systems, B-278343.2, January 20, 1998, 98-1 CPD 34; See Amdahl Corporation, B-281255, December 28, 1998, 98-2 CPD 161.

• When ordering services for which a Statement of Work (SOW) is required, a performance-based SOW should be used to the maximum extent practicable. When using a performance-based SOW, allow the contractor(s) to propose the labor skill mix and associated hours. Do not dictate the number of hours or labor skill mix. See Computer Products, Inc., supra. In selecting the contractor representing the best value and resulting in the lowest cost alternative to meet the agency's need, the agency should evaluate the proposed hours and labor skill mixes.

• Avoid open market or incidental items. See Pyxis Corporation, B-282469.2, July 15, 1999, 99-2 CPD 18; See also ATA Defense Industries, Inc. v. United States, 38 Fed. Cl. 489 (1997).

• Avoid unnecessary contractual language in a request for quotations that may confuse or frustrate a contractor. See Intelligent Decisions, Inc., B-274626.2, December 23, 1996, 97-1 CPD 19. Remember, in the case of a conflict between a delivery order and the underlying MAS contract, the contract controls.

• Discussions with contractors are not required. In the context of an MAS purchase, the individual can seek additional information regarding a request for quotations without triggering discussion rules. See Intelligent Decisions, Inc., supra; See also ViON Corporation, B-283804.2, January 24, 2000, CPD 22. However, again, if a formal negotiation process is established akin to FAR Part 15, GAO will look to FAR 15 for guidance in resolving protest issues. See ACS Government Solutions Group, Inc., supra.