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  • Question

    Is it possible to do a BPA with a FSS contract holder and add items that they do not have on schedule but another FSS vendor does have on contract?


    Answer

    Per the GSA Website , http://www.gsa.gov/portal/content/200549#12, BPA Frequently Asked Questions, “open market items are also known as incidental items, non-contract items, non-Schedule items, and items not on a GSA Schedule contract. In accordance with FAR 8.402(f), for administrative convenience, an ordering activity contracting officer may add items not on the GSA Schedule contract—i.e., open market items—to a GSA Schedule BPA or an individual task or delivery order only if:

    ·  All applicable acquisition regulations pertaining to the purchase of the items not on the GSA Schedule contract have been followed (e.g., publicizing (FAR Part 5), competition requirements (FAR Part 6), acquisition of commercial items (FAR Part 12), contracting methods (FAR Parts 13, 14, and 15), and small business programs (FAR Part 19));
    ·  The ordering activity contracting officer has determined the prices for the items not on the GSA Schedule contract are fair and reasonable;
    ·  The items are clearly labeled on the order as items not on the GSA Schedule contract; and
    ·  All clauses applicable to items not on the GSA Schedule contract are included in the order.”

     
    The above response is based solely on the question and background information provided. As we do not have all facts particular to your contract, program, and situation, we highly recommend you consult your contracting officer and legal office for guidance.

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