48 C.F.R. § 8.402

8.402 General.

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(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 [email protected] 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, submitting written e-mail requests to [email protected]; or by completing GSA Form 457, FSS Publications Mailing List Application, and mailing it to the GSA Centralized Mailing List Service (7SM), 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) or the GSA Federal Supply Schedule Home Page at 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 8.405-1, 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. For more information or assistance on either GSA Advantage! or eBuy, contact GSA by email at [email protected].

(e) For more information or assistance regarding the Federal Supply Schedule Program, review the following website: http://www.gsa.gov/schedules. Additionally, for on-line training courses regarding the Schedules Program, review the following website: 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).

[69 FR 34234, June 18, 2004, as amended at 71 FR 57359, Sept. 28, 2006; 74 FR 65604, Dec. 10, 2009; 76 FR 14552, Mar. 16, 2011; 77 FR 204, Jan. 3, 2012; 78 FR 37678, June 21, 2013; 78 FR 80378, Dec. 31, 2013; 82 FR 4713, Jan. 13, 2017; 83 FR 48696, Sept. 26, 2018; 84 FR 19844, May 6, 2019; 86 FR 61020, Nov. 4, 2021; 89 FR 30253, Apr. 22, 2024]
Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 2005–2023 · leading case: Kingdomware Tech., Inc. v. United States, 195 L. Ed. 2d 334 (2016).
Kingdomware Tech., Inc. v. United States, 195 L. Ed. 2d 334 (2016). “48 CFR § 8.402 (a) (2015). Instead of the normal bidding process for each individual order, FSS contracts are ordinarily pre-negotiated between outside vendors and the General Services Administration, which negotiates on behalf of various Government agencies.”
Globeranger Corp. v. Software AG United States of Am., Inc., 836 F.3d 477 (5th Cir. 2016). “48 C.F.R. § 8.402 (a) (describing the Federal Supply Schedule program).”
USA, ex rel Brady Folliard v. Gov't Acquisitions, 764 F.3d 19 (D.C. Cir. 2014). “” 48 C.F.R. § 8.402 . All products sold pursuant to a GSA schedule must comply with the TAA.”
Navarro Rsch. & Eng'g, Inc. v. United States, 94 Fed. Cl. 224 (Fed. Cl. 2010). · cites it 3× “See 48 C.F.R. 8.402. The resulting contract between GSA and the provider is for an indefinite quantity of the item to be delivered at an indefinite date during the contract period for a price that GSA has determined to be fair and competitive.”
OTI Am., Inc. v. United States, 68 Fed. Cl. 108 (Fed. Cl. 2005). “” 48 C.F.R. § 8.402 (a) (2005). When an agency decides to order a particular product or service through the FSS, it selects a contractor from the pre-approved list and may either place a task order or enter into a Blanket Purchase Agreement with that contractor.”
Harmonia Holdings Grp., LLC v. United States, 999 F.3d 1397 (Fed. Cir. 2021). “10531, a program that provides certain federal agen- cies with the ability to issue orders for products and ser- vices under pre-existing long-term contracts between commercial vendors and the General Services Administra- tion, see 48 C.F.R. § 8.402 (a). Because the procurement…”
Career Training Concepts, Inc. v. United States, 83 Fed. Cl. 215 (Fed. Cl. 2008). “" 48 C.F.R. § 8.402 (d) (2007). . In its response to CTC’s motion for partial reconsideration, addressed below, the government focused on MTCI’s related labor categories of Instructor/Training Developer, Instructional Technologist, and Senior Recruiter.”
Unisys Corp. v. United States, 89 Fed. Cl. 126 (Fed. Cl. 2009). “402, 48 C.F.R. § 8.402 (2005). FSS 70 is GSA’s information technology schedule.”
Pricewaterhousecoopers Pub. Sector, LLP v. United States, 126 Fed. Cl. 328 (Fed. Cl. 2016). “Compare 48 C.F.R. § 8.402 (a) (explaining that the Federal Supply Schedule program is directed and managed by GSA.”
United States Ex Rel. Frascella v. Oracle Corp., 751 F. Supp. 2d 842 (E.D. Va. 2010). “48 C.F.R. § 8.402 . To evaluate whether offered prices are reasonable, GSA requires an offeror to disclose its commercial pricing policies and sales practices.”
United States ex rel. Thomas v. Siemens AG, 991 F. Supp. 2d 540 (E.D. Pa. 2014). “48 C.F.R. §§ 8.402 (a), 38.101(a); Feldman, Steven, Government Contract Awards; Negotiation and Sealed Bidding, Thomson Reuters (2011), § 23:5 at 1103.”
United States Ex Rel. Shemesh v. CA, Inc., 89 F. Supp. 3d 36 (D.D.C. 2015). “Indeed, CA offered the government 35% off of the pricelist in 2002 rather than specifying a monetary amount.”
— 48 C.F.R. § 8.402(a) — 1 case
Navarro Rsch. & Eng'g, Inc. v. United States, 94 Fed. Cl. 224 (Fed. Cl. 2010). “See 48 C.F.R. 8.402. The resulting contract between GSA and the provider is for an indefinite quantity of the item to be delivered at an indefinite date during the contract period for a price that GSA has determined to be fair and competitive.”
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