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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? 

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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

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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.

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