We have only bid on solicitations under the GSA Schedule via GSA eBuy.  However, we received a solicitation via email that doesn't look like a GSA schedule contract is required. Are there certain clauses used to show as such or is it the lack of a FAR clause(s)?  Which ones?  Also, if a GSA Schedule contract isn't required - do we still have to stay under the GSA Schedule labor category rates or can we go above?

Thank you!

What is the solicitation number?

1 hour ago, Constricting Officer said:

What is the solicitation number?

In addition, does the solicitation provide any point of contact for questions? 

There is a poc for questions.  But, I'm just wondering if there is a way to see if a GSA Schedule is required or not.

2 hours ago, Dot said:

There is a poc for questions.  But, I'm just wondering if there is a way to see if a GSA Schedule is required or not.

Why don't you ask the POC?

On 5/23/2022 at 7:12 AM, Dot said:

However, we received a solicitation via email that doesn't look like a GSA schedule contract is required. Are there certain clauses used to show as such or is it the lack of a FAR clause(s)?  Which ones?

Well maybe.   I do agree with the comments to ask the POC as the best route but some evidence that it is an open market solicitation versus a solicitation for GSA FSS holders only could be the following.  Not exactly fool proof but might provide good hints.

No FAR Part 15 provisions in the solicitation such as 52.215-1.   One would hope no FAR Part 13 or 14 provisions in the solicitation as well.   All if intended to be solicitation for GSA FSS holders only.  Why? Parts 13,14, and 15 do not apply to GSA FSS (there are few exceptions).

Is the solicitation synopsized in SAM.gov "Contract Opportunities"?

Reference - 

"FAR 8.404 Use of Federal Supply Schedules.

      (a) General. parts  13 (except 13.303-2(c)(3)), 14, 15, and 19 (except for the requirements at 19.102(b)(3) and 19.202-1(e)(1)(iii)) do not apply to BPAs or orders placed against Federal Supply Schedules contracts (but see 8.405-5). BPAs and orders placed against a MAS, using the procedures in this subpart, are considered to be issued using full and open competition (see 6.102(d)(3)). Therefore, when establishing a BPA (as authorized by 13.303-2(c)(3)), or placing orders under Federal Supply Schedule contracts using the procedures of 8.405, ordering activities shall not seek competition outside of the Federal Supply Schedules or synopsize the requirement; but see paragraph (g) of this section."

And then I just have to say that it would seem that in a full read of the solicitation there is probably a statement somewhere that offers are solicited from contractors holding a GSA FSS contract if that is what the agency is looking for.