38.101 General
Source: FAR 38.101 on acquisition.gov
The Federal Supply Schedule program streamlines federal procurement of commercial goods and services through pre-negotiated, competitively awarded contracts, with specific compliance requirements for establishing and using these schedules.
Overview
FAR 38.101 outlines the general framework for the Federal Supply Schedule (FSS) program, which streamlines the acquisition of commercial supplies and services for federal agencies. The FSS program leverages indefinite-delivery contracts awarded through competitive procedures, enabling agencies to purchase varying quantities at pre-negotiated prices, often with volume discounts. The General Services Administration (GSA) primarily manages the program but may delegate authority to other agencies, such as the Department of Veterans Affairs for specific items. The section also clarifies which agencies are required to use the schedules, and that non-mandatory users may also place orders, with contractors encouraged to accept them. It emphasizes that statutory and regulatory requirements (notably FAR Parts 5, 6, and 19) apply during acquisition planning for establishing schedules, but generally do not apply to orders or BPAs placed under existing schedule contracts, except as noted in FAR 8.404 and 8.405-5.
Key Rules
- Federal Supply Schedule Program Structure
- FSS provides a simplified, volume-discounted process for federal agencies to acquire commercial goods and services via indefinite-delivery contracts.
- Mandatory and Non-Mandatory Users
- Schedules specify which agencies must use them; others may use them at their discretion, and contractors are encouraged to accept such orders.
- Delegation of Authority
- While GSA manages most FSS contracts, it can authorize other agencies to award and manage schedules for specific needs.
- Regulatory Compliance
- Agencies establishing schedules must comply with applicable FAR requirements during acquisition planning, but these generally do not apply to orders placed under the schedules.
Responsibilities
- Contracting Officers: Ensure compliance with statutory and regulatory requirements when establishing schedules; identify mandatory users; follow proper procedures for orders and BPAs.
- Contractors: Provide supplies/services at agreed prices and terms; accept orders from both mandatory and non-mandatory users when possible.
- Agencies: Use schedules as required; comply with acquisition planning requirements; may be delegated authority to manage specific schedules.
Practical Implications
- The FSS program exists to streamline federal procurement, reduce administrative burden, and leverage government buying power.
- Contractors benefit from access to a broad federal market but must adhere to schedule terms and regulatory requirements.
- Common pitfalls include misunderstanding mandatory use requirements, improper application of FAR Parts 5, 6, and 19, and confusion over agency authority or order acceptance.
(a) The Federal Supply Schedule program, pursuant to http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section152(3)&num=0&edition=prelim" target="_blank">41 U.S.C. 152(3), provides Federal agencies with a simplified process of acquiring commercial supplies and commercial services in varying quantities while obtaining volume discounts. Indefinite-delivery contracts are awarded using competitive procedures to firms. The firms provide supplies and services at stated prices for given periods of time, for delivery within a stated geographic area such as the 48 contiguous states, the District of Columbia, Alaska, Hawaii, and overseas. The schedule contracting office issues Federal Supply Schedule publications that contain a general overview of the Federal Supply Schedule (FSS) program and address pertinent topics.
(b) Each schedule identifies agencies that are required to use the contracts as primary sources of supply.
(c) Federal agencies not identified in the schedules as mandatory users may issue orders under the schedules. Contractors are encouraged to accept the orders.
(d) Although GSA awards most Federal Supply Schedule contracts, it may authorize other agencies to award schedule contracts and publish schedules. For example, the Department of Veterans Affairs awards schedule contracts for certain medical and nonperishable subsistence items.
(e) When establishing Federal Supply Schedules, GSA, or an agency delegated that authority, is responsible for complying with all applicable statutory and regulatory requirements (e.g., parts 5, 6, and 19). The requirements of parts 5, 6, and 19 apply at the acquisition planning stage prior to issuing the schedule solicitation and, generally, do not apply to orders and BPAs placed under resulting schedule contracts (except see 8.404 and 8.405-5).