Hi,

I could use some assistance understanding the use of ODC's in Schedule contracts. I'm looking at doing a Schedule award under SIN 874-3 for surveying services. My requirement, for labor anyway, fits clearly within the scope of the Schedule. The problem I have is that in order to perform the surveys, it would be necessary for the Schedule contractor to incur ODC's for expenses such as postage (to mail out surveys). The cost of these ODC's is far in excess of $3,000 and it would not be realistic to assume the vendor could team with another Schedule vendor as these expenses are not likely on any Schedule. So, it would appear that these additional expense items are open market? Can I comply with 8.402(f) by simply preparing a JOFOC? Case law I'm finding (i.e., Rapiscan Systems, Inc B-401773.2) seems to imply that these open market items may not be properly purchased unless they are competed.

Help

Sorry, I should have added that I am aware of the requirement for open market items as discussed on the GSA Website:

According to Federal Acquisition Regulation 8.402(f), for administrative convenience, Open Market, or incidental, items may be included on a task or delivery order issued under a Federal Supply Schedule contract under the following conditions:

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));

The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable;

The items are clearly labeled on the order as items not on the Federal Supply Schedule; and

All clauses applicable to items not on the Federal Supply Schedule are included in the order.

When I read this, I initially thought I could just support the action with Justification for Other Than Full and Open Competition (which would comply with Part 6) but as I am reading various cases it appears as if I am rquired to compete?

Just put a short note in your file saying what you are doing and why to comply with FAR 8.402(f). It's not reasonable to assume things like postage can be competed. You are fine doing that.

Hi,

I could use some assistance understanding the use of ODC's in Schedule contracts. I'm looking at doing a Schedule award under SIN 874-3 for surveying services. My requirement, for labor anyway, fits clearly within the scope of the Schedule. The problem I have is that in order to perform the surveys, it would be necessary for the Schedule contractor to incur ODC's for expenses such as postage (to mail out surveys). The cost of these ODC's is far in excess of $3,000 and it would not be realistic to assume the vendor could team with another Schedule vendor as these expenses are not likely on any Schedule.

FWIW, USPS holds a Schedule 48 contract #GS-33F-0036V.

Here is the link to the Rapiscan case originally cited by the poster:

http://www.gao.gov/decisions/bidpro/4017732.htm