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Can an Agency add Open Market items to a GSA Schedules BPA

Posted by Robert Kelly on Dec 2, 2010 8:00:00 PM

If an agency needs additional supplies or services not offered on GSA Schedule contracts, can agencies add such supplies or services to a GSA Schedule BPA?

Under the terms of GSA Schedule contracts, contractors have the ability to submit requests to add supplies or services, which are within scope, to their existing contracts. Thus, ordering activities may contact GSA Schedule contractors to request that open market items, which are within scope, be added to their GSA Schedule contracts.

Open market items are also known as incidental items, noncontract 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.

How Should a GSA Contractor Identify Open Market Items

It is essential that a vendor identify those items that are not on their schedule in quotes or proposals and invoices.  Simply state "Open Market Item in parentheses after each item.
You should call attention to this by inserting a staemetn onthese documetns similar to : "This quote/invoice contains open market items which we have identified on specified line items. Open market items are allowed under as stated in FAR 8.402(f)"

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