1. Can state and local government entities be given additional price reductions, otherwise known as "spot discounts" under the Schedule contracts?
   
   Yes. State and local government entities may be given spot discounts under the under Cooperative Purchasing provision (applicable only to GSA Schedule 70, GSA Schedule 00CORP (IT SINS only) and GSA Schedule 84)
   
   
   
2. Will a spot discount to state and local government entities under the GSA Schedule contract trigger the Price Reductions clause?
   
   No. Giving state and local agencies a spot discount under the GSA Schedule contract will not trigger the Price Reductions clause.

Are Schedule contractors required to accept orders from state and local government entities?

Currently applicable to Schedule 70 and Schedule 84 Contractors.

GSA Schedule contractors have the option of deciding whether they will accept orders placed by state and local government buyers. Schedule contractors will make this decision on two levels.

First, at the contract level, Schedule contractors will decide whether they want to offer Cooperative Purchasing and, if so, the applicable SINs to be offered. Schedule contractors will then either enter into a mutual agreement with GSA to modify the existing Schedule contract or indicate, prior to contract award, their intent to offer their Schedule products and services under Cooperative Purchasing.

Second, even after an existing contract is modified or a new contract awarded, a Schedule contractor will retain the right to decline orders received from state and local government entities on a case-by-case basis. Schedule contractors may decline an order, for any reason, within a five-day period after receipt of the order; however, credit card orders must be declined within 24 hours (GSAM 552.232-79).

Yes, under certain circumstances.

Open market items are also known as:

• incidental items,
• ancillary items,
• non-contract items,
• non-Schedule items, and
• items not on a GSA Schedule contract.

For administrative convenience, and as authorized under FAR 8.402(f), an agency contracting officer may add items not on the GSA Schedule contract — i.e., open market items — to a GSA Schedule Blanket Purchase Agreement (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.

eBuy is an online Request for Quotation (RFQ) tool designed to facilitate the request for submission of quotations for a wide range of commercial supplies and services offered by GSA Schedule contractors.

eBuy allows federal, state, and local government agencies (buyers) to maximize their buying power by leveraging the power of the Internet to increase GSA Schedule contractor participation in order to obtain quotations that will result in a best value purchase decision.

eBuy provides GSA Schedule contractors (sellers) with greater opportunities to offer quotations and increase business volume for supplies and services provided under their Schedule contracts.

eBuy streamlines the Government sales process by allowing RFQs and responses to be exchanged electronically between agencies and GSA Schedule contractors. In short, eBuy provides both agencies and contractors with a tool that will result in savings of both time and money.

• 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.

• GSA has determined prices under Schedule contracts to be fair and reasonable.
• Synopses are not required for Schedule purchases, with the exception of Schedule orders (including orders issued under BPAs) of $25,000 or more using Recovery Act funds.
• Schedule contracts have been awarded in compliance with all applicable laws and regulations.
• Administrative time is reduced.
• Schedule contracts offer a wide selection of state-of-the-art commercial supplies and services.

Federal sales.

Government Sales

GSA Order ADM 4800.2F, Eligibility to Use GSA Sources of Supply and Services, provides detailed information regarding those agencies, activities, and organizations that have been determined to be eligible to use GSA Schedule contracts.

UPDATED 04/15/2013

Executive Agencies

The following have been determined to be "executive agencies," or parts thereof, for the purpose of using GSA

sources of supply and services. This list is not all-inclusive; other agencies may be eligible, and GSA will make an

eligibility determination on a case-by-case basis in response to requests received. (See paragraph 11.) Listed here

are major executive agencies and their components for which inquiries have been received.

Advisory Council on Historic Preservation

Agency for International Development

Agriculture, Department of

Air Force, Department of

American Battle Monuments Commission

Armed Forces Retirement Home

Army Corp of Engineers

Army, Department of

Bonneville Power Administration

Bureau of Land Management

Central Intelligence Agency

Christopher Columbus Fellowship Foundation

Commerce, Department of

Commission on Civil Rights

Commission on Fine Arts

Commodity Credit Corporation

Commodity Futures Trading Commission

Consumer Products Safety Commission

Corporation for National and Community Service

Defense, Department of

Defense agencies and Joint Service Schools

Defense Nuclear Facilities Safety Board

Education, Department of

Energy, Department of

Environmental Protection Agency

Equal Employment Opportunity Commission

Executive Office of the President

Export-Import Bank of U.S.

Farm Credit Administration

Federal Communications Commission

Federal Election Commission

Federal Emergency Management Agency

Federal Labor Relations Authority

Federal Maritime Commission

Federal Trade Commission

Forest Service, U.S.

General Services Administration

Government National Mortgage Association

Harry S. Truman Scholarship Foundation

Health and Human Services, Department of

Homeland Security, Department of

Housing and Urban Development, Department of

Interagency Council on the Homelessness

Inter-American Foundation

Interior, Department of the

International Boundary and Water Commission, United States Section

Justice, Department of

John F. Kennedy Center for the Performing Arts

Labor, Department of

Madison, James, Memorial Fellowship Foundation

Merit Systems Protection Board

Morris K. Udall Scholarship and Excellence in National Environment Policy Foundation

National Aeronautics and Space Administration

National Archives and Records Administration

National Credit Union Administration (not individual credit unions)

National Council on the Handicapped

National Endowment for the Arts

National Endowment for the Humanities

National Labor Relations Board

National Science Foundation

National Transportation Safety Board

Navy, Department of

Nuclear Regulatory Commission

Nuclear Waste Technical Review Board

Occupational Safety and Health Review Commission

Office of Personnel Management

Office of Special Counsel

Peace Corps

Pension Benefit Guaranty Corporation

Postal Regulatory Commission

Presidio Trust, the

Railroad Retirement Board

St. Elizabeth's Hospital

Securities and Exchange Commission

Selective Service System

Small Business Administration

Smithsonian Institution

Social Security Administration

State, Department of

Tennessee Valley Authority

Trade and Development Agency

Transportation, Department of

Transportation Security Administration

Treasury, Department of

U.S. Arms Control and Disarmament Agency

U.S. Secret Service

U.S. International Trade Commission

U.S. Navy Medical Research Unit

U.S. Postal Service

Veterans Affairs, Department of

Other Eligible Users

The following have been determined to be eligible to use GSA sources of supply and services, in addition to the

organizations listed in appendixes A and C. This list is not all-inclusive; other organizations may be eligible to use

GSA sources of supply and services. GSA will make an eligibility determination on a case-by-case basis in response to requests received. (See paragraph 11.)

Administrative Office of the U.S. Courts

American Printing House for the Blind

American National Red Cross

American Samoa, Government of

Architect of the Capitol

Army/Air Force Exchange Service

Chemical Safety and Hazard Investigation Board

Civil Air Patrol

Coast Guard Auxiliary (through the U.S. Coast Guard)

CoBank, ACB

Committee for Purchase from People Who are Blind or Severely Disabled

Contractors and subcontractors - cost reimbursement (as authorized by the applicable

agency's contracting official)

Contractors and subcontractors - fixed price (security equipment only when so authorized

by the applicable agency's contracting official)

Courts, District of Columbia

Courts, Federal (not court reporters)

Delaware River Basin Commission

Denali Commission

District of Columbia, Government of

District of Columbia, Public Schools

District of Columbia, Pretrial Services Agency/Public Defenders

Eisenhower Exchange Fellowship

Election Assistance Commission

Farm Credit Banks (AgriBank FCB, Farm Credit Bank of Texas, U.S. AgBank FCB, and AgFirst FCB)

Federal Coordinator for the Alaska Natural Gas Transportation Project

Federal Deposit Insurance Corporation

Federal Financial Institutions Examination Council

Federal Home Loan Banks

Federal Reserve Board of Governors

Firefighters, Non-Federal (as authorized by the Forest Service, U.S. Department of Agriculture)

Gallaudet University

Government Printing Office

Guam, Government of

House of Representatives, U.S.

Howard University (including hospital)

Japan-United States Friendship Commission

Land Grant Institutions (as cost-reimbursement contractors)

Legal Services Corporation (not its grantees)

Library of Congress

Marine Mammal Commission

Medicare Payment Advisory Commission

Millennium Challenge Corporation

National Capital Planning Commission

National Gallery of Art

National Guard Activities (only through U.S. Property and Fiscal Officers)

National Railroad Passenger Corporation (AMTRAK)

National Technical Institute for the Deaf

Navajo and Hopi Indian Relocation, Office of

Neighborhood Reinvestment Corporation

Non-appropriated fund activities (not for resale)

Northern Mariana Islands, Government of the Commonwealth of the

Overseas Private Investment Corporation

Public Interest Declassification Board

Regional Fishery Management Councils

Senate, U.S.

South Atlantic Fishery Management Council

John C. Stennis Center for Public Service

Susquehanna River Basin Commission

U.S. Arctic Research Commission

United States Access Board

U.S. China Economic Security Review Commission

U.S. Institute of Peace

U.S. Tax Court

Vietnam Education Foundation

Virgin Islands, government of (including Virgin Islands Port Authority)

Washington Metropolitan Area Transit Authority (METRO)

International Organizations and Others Determined Eligible under Section 607 of the Foreign Assistance Act

The following have been determined to be eligible to use GSA sources of supply and services, in addition to the

organizations listed in appendixes A and B. This list is not all-inclusive; others may also be eligible to use GSA

sources of supply and services. GSA will make an eligibility determination on a case-by-case basis in response to

requests received. (See paragraph 11.) NOTE: Organizations included in this Appendix C have a limited

authorization to access GSA sources of supply, namely for purchases consistent with and in furtherance of the

international development goals of the Foreign Assistance Act. (See paragraph 7.e.(3).)

African Development Fund

American Red Cross

Asian Development Bank

Counterpart Foundation, Inc.

Customs Cooperation Council

European Space Research Organization

Food and Agriculture Organization of the United Nations

Great Lakes Fishery Commission

Inter-American Defense Board

Inter-American Development Bank

Inter-American Institute of Agriculture Sciences

Inter-American Investment Corporation

Inter-American Statistical Institute

Inter-American Tropical Tuna Commission

Intergovernmental Maritime Consultative Organization

Intergovernmental Committee for European Migration

International Atomic Energy Agency

International Bank of Reconstruction and Development (WORLD BANK)

International Boundary Commission-United States and Canada

International Boundary and Water Commission-United States and Mexico

International Center for Settlement of Investment Disputes

International Civil Aviation Organization

International Coffee Organization

International Cotton Advisory Committee

International Development Association

International Fertilizer Development Center

International Finance Corporation

International Hydrographic Bureau

International Institute for Cotton

International Joint Commission-United States and Canada

International Labor Organization

International Maritime Satellite Organization

International Monetary Fund

International Pacific Halibut Commission

International Pacific Salmon Fisheries Commission-Canada

International Secretariat for Volunteer Services

International Telecommunications Satellite Organization

International Telecommunications Union

International Wheat Council

Iraqi Ministry of Housing and Construction

Lake Ontario Claims Tribunal

Multinational Force and Observers

Multinational Investment Guarantee Agency (MIGA)

North Atlantic Treaty Organization (NATO)

Organization of African Unity

Organization of American States

Organization for Economic Cooperation and Development

Pan American Health Organization

Radio Technical Commission for Aeronautics

South Pacific Commission

United International Bureau for the Protection of Intellectual Property

United Nations

United Nations Educational, Scientific, and Cultural Organization

Universal Postal Union

World Health Organization

World Intellectual Property Organization

World Meteorological Organization

World Tourism Organization

In establishing a GSA Schedule BPA, is there a requirement to solicit more than one source, or can the GSA Schedule BPA be negotiated with one specific GSA Schedule contractor?

When establishing single or multiple GSA Schedule BPAs, an ordering activity must follow the same ordering procedures outlined in FAR 8.405. The end result of following these procedures is that the ordering activity solicits more than three sources and seeks price reductions prior to establishing a GSA Schedule BPA.

If the ordering activity only solicits one source (i.e., a "sole source"), the ordering activity must justify its action in accordance with FAR 8.405-6, Limited Sources Justification and Approval. In establishing a "sole source" BPA, the ordering activity has restricted consideration of the number of contractors to fewer than those prescribed by the Schedule ordering procedures and, therefore, must comply with the limited sources and approval requirements of FAR 8.405-6.

Note: DoD offices and non-DoD activities establishing BPAs for supplies and services on behalf of DoD must comply with the additional requirements under Defense Federal Acquisition Regulation Supplement (DFARS) 208.405-70.