Thread Subject: Re: Subpart A- Draft Document- ReviewandCommentsRequested

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From: Diane Golden
Date: Tue, Mar 20 2007 11:35 AM

I'm going to try this again as I'm still really confused. The following
language is what Robert suggested and Terry seems to support. Please help
me understand if I'm interpreting correctly.

(b) When procuring a product, each agency shall procure products, which
comply with the provisions in this part when such products are available in
the commercial marketplace, and the product's utility and performance meet
the agency's identified business and technical requirements. Agencies may
apply required and generally accepted procurement procedures in accordance
with governing procurement regulations to procurement decision-making
regarding such products.

By deleting the "two or more", this appears to say that when a single
product is available that meets the access standards at a 100% level and
meets the basic utility/performance needs, the federal agency MUST procure
that product regardless of cost or best value considerations. In other
words, if an agency is bidding for a copier and the one copier that is 100%
accessible is also much faster, larger capacity, more expensive, etc.
(clearly meets and actually exceeds performance requirements) then the
agency must purchase that copier regardless of cost (unless undue burden
which won't be possible for most fed agencies.) This in essence negates any
use of a best value analysis unless there are multiple products that meet
the access standards at a 100% level. Is this the intent?

Agencies cannot claim a product, as a whole is not commercially available
because no product in the marketplace meets all the standards. If products
are commercially available that meet some but not all of the standards, the
agency must select the product that best meets the agency's business and
technical needs as well as [BEST MEETS?] all the applicable Section 509
standards.

Does "select" mean "procure"? Assuming so, if there are no 100% conformant
products, this appears to say that agencies must procure the product that
"best meets" business/technical needs and "best meets" 508 standards .
(That is assuming that the "best meets" is intended to apply to both, see
insertion above. The way the sentence is contructed it's not clear.) If
this is the case, it appears the accessibility review/rating is combined
with the functional performance subjective review/rating, absent any cost
consideration, and that drives the purchasing decision. Is that the intent?
How does an agency weigh the two "best meets" considerations. If vendor A
is offering a great product with great service/maintenance history, etc. and
fair accessibility while vendor B is offering a fair product with fair
service/maintenance history, etc. but almost 100% accessibility -- which
"best meets" both?

Thanks for any clarification,

Diane

-----Original Message-----
From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ]On Behalf Of Baker, Robert
C.
Sent: Monday, March 19, 2007 9:21 AM
To: = EMAIL ADDRESS REMOVED =
Subject: Re: [teitac-subparta] Subpart A- Draft Document- Review andComments
Requested



Recommendation:

(b) When procuring a product, each agency shall procure products, which
comply with the provisions in this part when such products are available in
the commercial marketplace, and the product's utility and performance meet
the agency's identified business and technical requirements. Agencies may
apply required and generally accepted procurement procedures in accordance
with governing procurement regulations to procurement decision-making
regarding such products.

Explanation: Deleted "two or more" . This statement applies even if only
one product is available that meet's the agency's identified business and
technical requirements. Open competition does not guarantee that there are
more than one products available that address the agency's business and
technical needs - when described in conformance to FAR standards.


(c) Agencies cannot claim a product, as a whole is not commercially
available because no product in the marketplace meets all the standards. If
products are commercially available that meet some but not all of the
standards, the agency must select the product that best meets the agency's
business and technical needs as well as all the applicable Section 509
standards.



Explanation: This is the only definition that is consistent with the FAR.



Thanks,
Robert

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