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Path: Consulting Services arrow Report & Digest arrow GCA Report Articles arrow GCA Report 2004 arrow Prime May Use Sub to Provide FSS Services But Must Inform Agency

Prime May Use Sub to Provide FSS Services But Must Inform Agency

(Editor’s Note.  The following demonstrates how you can use a subcontractor if your Federal Supply Schedule items are not included in an acquisition).

Protester claimed InteliStaf did not qualify for a VA contract for nursing services because the awardee’s federal supply schedule did not include the required services and it could not provide the services it was not qualified for by using a subcontractor.  The GAO confirmed the RFQ placed vendors on notice that all items were required to be within the scope of the vendor (or its subcontractor’s) FSS contracts.  Next, contrary to the agency’s argument, an FSS contractor acting as a prime contractor may use a subcontractor to provide services not on the prime contractor’s FSS contract provided those services are included on the subcontractor’s FSS contract.   Nevertheless, the GAO denied the protest because InteliStaf’s quotation did not mention it would be subcontracting for performance of the items not listed on its FSS schedule ruling “it was incumbent upon it to identify the subcontractor” in order for the agency to confirm the missing items on the prime contractor’s FSS were included in the subcontractor’s (Altos Federal Group Inc., GAO, B-294120).

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