MBE protested the government solicitation for an indefinite quantity of fiber optic cables arguing the government should have purchased the items under its Federal Supply Schedule contract rather then competing the requirement.  Though MBE conceded its FSS contract is non-mandatory it asserted the government was required to order against that contract.  In support of its position, it alluded to FAR 8.404 which generally provides that orders placed against FSS are considered to be placed after full and open competition and FAR 8.002 which places non-mandatory FSS contracts above commercial sources in priority of use.  The GAO disagreed explaining that FAR 8.404 provides guidance on use of FSS but does not require its use.  Just because an agency’s placement of an FSS order indicates a conclusion the order represents best value, FAR 8.404 does not establish a presumption that all FSS contractors represent best value such that the agency would be required to purchase from an FSS contractor.  Similarly, GAO ruled though FAR 8.002 places non-mandatory FSS contracts above commercial sources of priority, it does not require an agency to order from the FSS (Murray-Benjamin Electric Co. GAO, B-298481).

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