8.402 General
Source: FAR 8.402 on acquisition.gov
FAR 8.402 establishes the foundational rules for using the Federal Supply Schedule program, emphasizing compliance with schedule requirements, proper use of GSA tools, and strict procedures for adding non-schedule items to orders.
Overview
FAR 8.402 provides a foundational overview of the Federal Supply Schedule (FSS) program, also known as the GSA Schedules or Multiple Award Schedule Program. Managed by GSA, the FSS streamlines the acquisition of commercial supplies and services for federal agencies by leveraging volume buying and pre-negotiated pricing. The section outlines the structure of schedule contracts, the requirement for contractors to publish and provide pricelists, and the use of online tools such as GSA Advantage! and eBuy for ordering and RFQ processes. It also details procedures for adding open market items to schedule orders, and clarifies exemptions for micro-purchase card transactions. The section emphasizes compliance with all applicable acquisition regulations when including non-schedule items and provides resources for further information and training.
Key Rules
- Federal Supply Schedule Program Structure
- GSA manages the FSS program, awarding indefinite delivery contracts for commercial supplies and services at set prices and terms.
- Pricelist Requirements
- Schedule contractors must publish and provide an Authorized Federal Supply Schedule Pricelist upon request, detailing all offerings, prices, and terms.
- Online Ordering Tools
- GSA Advantage! and eBuy facilitate electronic ordering and RFQ processes, with specific requirements for brand-name orders and fair notice.
- Adding Open Market Items
- Non-schedule items may be added to orders only if all applicable FAR regulations are followed, prices are determined fair and reasonable, items are clearly labeled, and all relevant clauses are included.
- Micro-Purchase Card Exemption
- Orders at or below the micro-purchase threshold using the government purchase card are exempt from certain debt verification requirements.
Responsibilities
- Contracting Officers: Ensure compliance with schedule and open market item rules, verify fair and reasonable pricing, and include all required clauses and labeling.
- Contractors: Publish and provide pricelists, comply with schedule terms, and clearly identify non-schedule items.
- Agencies: Oversee proper use of schedules, provide training, and ensure adherence to acquisition regulations.
Practical Implications
- This section exists to simplify and standardize federal procurement of commercial products and services, ensuring transparency and compliance.
- It impacts daily contracting by mandating use of GSA tools, clear documentation, and adherence to both schedule and open market rules.
- Common pitfalls include improper addition of open market items, failure to provide pricelists, and non-compliance with required acquisition procedures.
(a) The Federal Supply Schedule program is also known as the GSA Schedules Program or the Multiple Award Schedule Program. The Federal Supply Schedule program is directed and managed by GSA and provides Federal agencies (see 8.004) with a simplified process for obtaining commercial supplies and commercial services at prices associated with volume buying. Indefinite delivery contracts are awarded to provide supplies and services at stated prices for given periods of time. GSA may delegate certain responsibilities to other agencies (e.g., GSA has delegated authority to the VA to procure medical supplies under the VA Federal Supply Schedules program). Orders issued under the VA Federal Supply Schedule program are covered by this subpart. Additionally, the Department of Defense (DoD) manages similar systems of schedule-type contracting for military items; however, DoD systems are not covered by this subpart.
(b) GSA schedule contracts require all schedule contractors to publish an "Authorized Federal Supply Schedule Pricelist" (pricelist). The pricelist contains all supplies and services offered by a schedule contractor. In addition, each pricelist contains the pricing and the terms and conditions pertaining to each Special Item Number that is on schedule. The schedule contractor is required to provide one copy of its pricelist to any ordering activity upon request. Also, a copy of the pricelist may be obtained from the Federal Supply Service by submitting a written e-mail request to schedules.infocenter@gsa.gov or by telephone at 1-800-488-3111. This subpart, together with the pricelists, contain necessary information for placing delivery or task orders with schedule contractors. In addition, the GSA schedule contracting office issues Federal Supply Schedules publications that contain a general overview of the Federal Supply Schedule (FSS) program and address pertinent topics. Ordering activities may request copies of schedules publications by contacting the Centralized Mailing List Service through the Internet at http://www.gsa.gov/cmls" target="_blank">http://www.gsa.gov/cmls, submitting written e-mail requests to CMLS@gsa.gov; or by completing GSA Form 457, FSS Publications Mailing List Application, and mailing it to the GSA Centralized Mailing List Service (7 SM), P.O. Box 6477, Fort Worth, TX 76115. Copies of GSA Form 457 may also be obtained from the above-referenced points of contact.
(c)
(1) GSA offers an on-line shopping service called "GSA Advantage!" through which ordering activities may place orders against Schedules. (Ordering activities may also use GSA Advantage! to place orders through GSA’s Global Supply System, a GSA wholesale supply source, formerly known as "GSA Stock" or the "Customer Supply Center." FAR subpart 8.4 is not applicable to orders placed through the GSA Global Supply System.) Ordering activities may access GSA Advantage! through the GSA Federal Supply Service Home Page (http://www.gsa.gov/fas" target="_blank">http://www.gsa.gov/fas) or the GSA Federal Supply Schedule Home Page at http://www.gsa.gov/schedules" target="_blank">http://www.gsa.gov/schedules.
(2) GSA Advantage! enables ordering activities to search specific information (i.e., national stock number, part number, common name), review delivery options, place orders directly with Schedule contractors (except see 8.405-6) and pay for orders using the Governmentwide commercial purchase card.
(d)
(1) eBuy, GSA's electronic request for quotation (RFQ) system, is a part of a suite of online tools which complement GSA Advantage!. GSA's eBuy allows ordering activities to post requirements, obtain quotes, and issue orders electronically. Posting an RFQ on eBuy—
(i) Is one medium for providing fair notice to all schedule contractors offering such supplies and services as required by, 8.405-2, and 8.405-3; and
(ii) Is required when an order contains brand-name specifications (see 8.405-6).
(2) Ordering activities may access eBuy at https://www.ebuy.gsa.gov" target="_blank">https://www.ebuy.gsa.gov. For more information or assistance on either GSA Advantage! or eBuy, contact GSA by email at gsa.advantage@gsa.gov.
(e) For more information or assistance regarding the Federal Supply Schedule Program, review the following website: http://www.gsa.gov/schedules" target="_blank">http://www.gsa.gov/schedules. Additionally, for on-line training courses regarding the Schedules Program, review the following website: http://www.gsa.gov/training" target="_blank">http://www.gsa.gov/training.
(f) For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Schedule (also referred to as open market items) to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order only if-
(1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g., publicizing (part 5), competition requirements (part 6), acquisition of commercial products or commercial services (part 12), contracting methods (parts 13, 14, and 15), and small business programs (part 19));
(2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable;
(3) The items are clearly labeled on the order as items not on the Federal Supply Schedule and they conform to the rules for numbering line items at subpart 4.10; and
(4) All clauses applicable to items not on the Federal Supply Schedule are included in the order.
(g) When using the Governmentwide commercial purchase card as a method of payment, orders at or below the micro-purchase threshold are exempt from verification in the System for Award Management as to whether the contractor has a delinquent debt subject to collection under the Treasury Offset Program (TOP).