anonco Posted November 1, 2016 Report Share Posted November 1, 2016 My agency does not issue Government Bills of Lading. I am establishing a competitive, single FSS BPA for supplies. The FSS terms for delivery are FOB-Origin for both CONUS and OCONUS. The total amount for shipping that was quoted for the base and all option periods exceeds $25K. I realize that FAR 13 applies to open market items acquired under FSS orders. I also know that I am required to determine the price to be fair and reasonable and insert appropriate open market clauses for those items (as well mark them as such in accordance with FAR 8.402(f)). My question is, am I supposed to synopsize the open market portion since it's estimated to exceed $25K? There are no synopsis exceptions in the FAR that apply. That said, it's pointless to synopsize the OPEN MARKET shipping when it is inextricably linked to the purchase of the FFS supply items. Thoughts? Link to comment Share on other sites More sharing options...
Todd Davis Posted November 2, 2016 Report Share Posted November 2, 2016 You might want to talk to the GSA contracting officer responsible for the schedule contract(s) and ask them what they think and see if they consider the shipment cost of a schedule item an open market item. If it is considered an open market item, then FAR 8.402(f) would apply. Also, Appendix A and B to the GSA MAS Desk Reference Guide has additional information regarding the ordering of open market items (http://www.gsa.gov/portal/mediaId/251999/fileName/MASDeskRefGuide_final_508_091316.action). Also, while it does not help your situation now, GSA is working on changes to how "incidental" items can be ordered under GSA FSS contracts. They actually call them "order-level materials" in the notice. Not sure how this will impact existing contracts and when and if the FAR will be updated. Below is a link the FR notice that was issued back in September. https://www.federalregister.gov/documents/2016/09/09/2016-21610/general-services-administration-acquisition-regulation-gsar-federal-supply-schedule-order-level Link to comment Share on other sites More sharing options...
C Culham Posted November 2, 2016 Report Share Posted November 2, 2016 Hmmm...Just thinking out loud here but I wonder if you could re-contact the FSS contractors and ask them for pricing based on FOB-Destination? Reference is this clause usually found in FSS contracts........ 552.238-75 Price Reductions. Link to comment Share on other sites More sharing options...
anonco Posted November 7, 2016 Author Report Share Posted November 7, 2016 They can't quote above their GSA schedule pricing, and since they're quoting their exact schedule price, there's no flexibility to include shipping in with the price of the unit and call it FOB Destination. Link to comment Share on other sites More sharing options...
Desparado Posted November 7, 2016 Report Share Posted November 7, 2016 Most GSA Contracting Officers aren't familiar with ordering procedures (sad, but true). That was one thing I found pretty amazing when I worked there. They are great at knowing their contracts, but not so much on ordering procedures for other agencies to follow, unless you are fortunate enough to get a CO that had worked for another agency before coming to GSA. There was an SAIC protest awhile back on this very topic and I will continue to search until I can find the protest number but basically it stated that the shipping was considered open market and so 8.402(f) applied in full. 8.402(f) states (emphasis added): (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 items (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 (4) All clauses applicable to items not on the Federal Supply Schedule are included in the order. Since this amount exceeds the threshold required for synopsis, it is my opinion it is required to be done. Link to comment Share on other sites More sharing options...
Desparado Posted November 7, 2016 Report Share Posted November 7, 2016 Check out this thread where the SAIC protest was discussed: Link to comment Share on other sites More sharing options...
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