8.403 Applicability
Source: FAR 8.403 on acquisition.gov
FAR 8.403 clarifies when Federal Supply Schedule ordering procedures apply and prohibits their use for architect-engineer services, requiring agencies to follow specific rules and check for GSA special procedures.
Overview
FAR 8.403 outlines the applicability of procedures for placing orders and establishing Blanket Purchase Agreements (BPAs) under Federal Supply Schedules (FSS). It clarifies that the procedures in Subpart 8.4 apply to individual orders and BPAs against FSS contracts, but also allows for the General Services Administration (GSA) to establish special ordering procedures for specific schedules, which take precedence over standard procedures. Additionally, it explicitly excludes requirements for architect-engineer services from being fulfilled through FSS, mandating the use of FAR Subpart 36.6 procedures for such services.
Key Rules
- Applicability to Orders and BPAs
- Procedures in this subpart apply to individual orders and BPAs placed against FSS contracts.
- Special Ordering Procedures
- GSA may set special ordering procedures for particular schedules, which override standard procedures unless otherwise stated.
- Architect-Engineer Services Exclusion
- Orders for architect-engineer services must use FAR Subpart 36.6 procedures and cannot be placed under FSS contracts.
Responsibilities
- Contracting Officers: Must follow Subpart 8.4 procedures for FSS orders and BPAs, check for any GSA special ordering procedures, and use Subpart 36.6 for architect-engineer services.
- Contractors: Must comply with applicable ordering procedures and recognize when FSS cannot be used for architect-engineer services.
- Agencies: Ensure compliance with ordering procedures and proper use of FSS versus other procurement methods.
Practical Implications
- This section ensures clarity on when and how to use FSS ordering procedures, prevents misuse of FSS for architect-engineer services, and highlights the importance of checking for GSA-specific procedures. Common pitfalls include overlooking special ordering procedures or improperly using FSS for excluded services.
(a) Procedures in this subpart apply to—
(1) Individual orders for supplies or services placed against Federal Supply Schedules contracts; and
(2) BPAs established against Federal Supply Schedule contracts.
(b) GSA may establish special ordering procedures for a particular schedule. In this case, that schedule will specify those special ordering procedures. Unless otherwise noted, special ordering procedures established for a Federal Supply Schedule take precedence over the procedures in 8.405.
Note: GSA-established ordering procedures for Order-Level Materials can be found at https://www.acquisition.gov/gsam/subpart-538.72" target="_blank">GSAR subpart 538-72 .
(c) In accordance with section 1427(b) of Public Law 108-136 (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1103&num=0&edition=prelim" target="_blank">40 U.S.C. 1103 note), for requirements that substantially or to a dominant extent specify performance of architect-engineer services (as defined in 2.101), agencies—
(1) Shall use the procedures at subpart 36.6; and
(2) Shall not place orders for such requirements under a Federal Supply Schedule.