[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR8.404]



[Page 128]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 8_REQUIRED SOURCES OF SUPPLIES AND SERVICES--Table of Contents

 

                  Subpart 8.4_Federal Supply Schedules

 

Sec. 8.404  Use of Federal Supply Schedules.



    (a) 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 Federal Supply Schedules 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 Federal Supply 

Schedule contracts using the procedures of 8.405, ordering activities 

shall not seek competition outside of the Federal Supply Schedules or 

synopsize the requirement.

    (b) 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.

    (c) Acquisition planning. Orders placed under a Federal Supply 

Schedule contract--

    (1) Are not exempt from the development of acquisition plans (see 

subpart 7.1), and an information technology acquisition strategy (see 

Part 39);

    (2) Must comply with all FAR requirements for a bundled contract 

when the order meets the definition of ``bundled contract'' (see 

2.101(b)); and

    (3) 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.

    (d) 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).