8.404 Use of FSS.
- General. Parts 13 (except 13.303-2(c)(3)), 14, 15, and 19 (except for the
requirement at 19.202-1(e)(1)(iii)) do not apply to BPAs or orders placed
against FSS contracts (but see 8.405-5). BPAs and
orders placed against a MAS, using the procedures in this subpart, are
considered to be issued using full and open competition (see 6.102(d)
(3)). Therefore, when establishing a BPA (as authorized by 13.303-2(c)
(3)), or placing orders under FSS contracts using the
procedures of 8.405, ordering activities shall not seek competition outside of
the FSS or synopsize the requirement.
- The Contracting Officer, when placing an order or establishing a BPA, is
responsible for applying the regulatory and statutory requirements applicable to
the agency for which the order is placed or the BPA is established. The requiring
agency shall provide the information on the applicable regulatory and statutory
requirements to the Contracting Officer responsible for placing the order.
- Acquisition planning. Orders placed under an FSS contract—
- Are not exempt from the development of acquisition plans (see Subpart 7.1),
and an information technology acquisition strategy (see Part 39);
- Must comply with all FAR requirements for a bundled contract when the
order meets the definition of “bundled contract” (see 2.101(b)); and
- Must, whether placed by the requiring agency, or on behalf of the requiring
agency, be consistent with the requiring agency’s statutory and regulatory
requirements applicable to the acquisition of the supply or service.
- Pricing. Supplies offered on the Schedule are listed at fixed prices. Services
offered on the Schedule are priced either at hourly rates, or at a fixed price
for performance of a specific task (e.g., installation, maintenance, and repair).
GSA has already determined the prices of supplies and fixed-price services,
and rates for services offered at hourly rates, under Schedule contracts to be
fair and reasonable. Therefore, ordering activities are not required to make
a separate determination of fair and reasonable pricing, except for a price
evaluation as required by 8.405-2(d). By placing an order against a Schedule
contract using the procedures in 8.405, the ordering activity has concluded
that the order represents the best value (as defined in FAR 2.101) and results
in the lowest overall cost alternative (considering price, special features,
administrative costs, etc.) to meet the government’s needs. Although GSA has
already negotiated fair and reasonable pricing, ordering activities may seek
additional discounts before placing an order (see 8.405-4).