Fun with the FAR Part 8

  1. The Government may only use the GSA Federal Supply Schedule Program (“FSS”) to procure commercial items (supplies or services) offered under a contractor’s FSS contract at firm fixed, labor hour, and/or time and materials pricing.  FAR 8.404.  Firm fixed price orders should be used to the maximum extent practicable.  FAR 8.404(h)(2).
  2. Contracting Officers are permitted to “set aside” orders for small businesses under the GSA Federal Supply Schedule Program. FAR 8.405-5.
  3. Under certain circumstances, a Government buyer may add items to an FSS order that is not offered under a contractors FSS contract. FAR 8.402(f).  These items are commonly known as an “Open Market” items.
  4. Pricing offered under a FSS contract has already been determined as “fair and reasonable” at the time of award. FAR 8.404(d).  Notwithstanding, Contracting Officers are permitted and, under certain circumstances, required to request further discounts during the negotiation of FSS blanket purchase agreements (“BPA”) or orders.  FAR 8.404(d) and 8.405-4.
  5. All FSS RFQ exceeding the simplified acquisition threshold (that don’t require a statement of work) must be either (i) posted on GSA e-Buy or (ii) sent to a sufficient number of offerors to reasonably ensure that a government buyer will receive proposals from at least 3 contractors. FAR 8.404-2.
  6.  RFQs for services requiring a statement of work are required to contain evaluation criteria (FAR 8.405-2(c)) and must be provided to any contractor who requests a copy of it (FAR 8.405-2(c)(4)).
  7. Ordering agencies are required to complete past performance evaluations of FSS orders on an annual basis. FAR 8.406-7.

Related Post

Season 12: Episode 12: FAR Facts

Good afternoon to our FUN with the FAR℠ Family! Good afternoon everyone! As a reminder, next Wednesday, June 25th, we have our 12th episode of FUN with the FAR℠ Season 12! Our gracious host, Steve Daoust, will be joined by our expert guest speaker, Rick "A-to-Z"...

Season 12: Episode 11: FAR Facts

Good afternoon to our FUN with the FAR℠ Family! As a reminder, next Wednesday, June 11th, we have our 11th episode of FUN with the FAR℠ Season 12! Our gracious host, Steve Daoust, will be joined by our expert guest speaker, Jayna Rust, to cover FAR Part 16! FAR Part...

Season 12: Episode 10: FAR Facts

Good afternoon to our FUN with the FAR℠ Family! As a reminder, next Wednesday, May 28th, we have our 10th episode of FUN with the FAR℠ Season 12! Our gracious host, Steve Daoust, will be joined by our expert guest speaker, Bill Walter, to cover FAR Part 15.4! FAR Part...