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Once I get on a GSA Schedule, I can sell all of my products on that schedule, right? I mean if I have the schedule and the contracting officer places an order, I can fill that order and bill it against the schedule. It’s not my responsibility to correct the CO’s mistake. And besides, business is business.

CCS offers the following from our Staff Problem Solvers:

It is very tempting to fulfill an order when it is received, even if the requested goods or services are not officially contained in the Schedule. Unfortunately, the proper use of Federal Supply Service (FSS) schedules prohibits the ordering of items that are not on the schedule.

The FSS system is designed to obtain the best possible pricing for the government. It also affords contracting officers (COs) the ability to rely on the prices negotiated under the schedule as “fair and reasonable” prices. While competition is still required among schedule holders, the use of schedules eases the administrative burden somewhat in awarding contracts using public money.

Some procurements placed under schedule are quite large, and it is not always possible for one vendor to have a schedule that encompasses all of the required items or services. In those cases the government will typically allow for teaming, but will still require that ALL items or services offered appear on some team member’s schedule. In such situations “off-schedule” procurements are still not allowed.

In a recent case the Government Accountability Office had the opportunity to review just such a procurement. In that situation a vendor offered all of the required goods and services requested by the government, but noted that due to an “associate’s agreement,” they could offer a better price on one of nine line items. Both the vendor and the government recognized that this caused the item to be “off-schedule,” even though the item was in fact available “on-schedule” but at a significantly higher price.

GAO reviewed the situation and made several statements concerning the use of FSS Schedules. Specifically GAO stated: “The FSS program, directed and managed by GSA, gives federal agencies a simplified process for obtaining commonly used commercial supplies and services. FAR § 8.401(a). The procedures established for the FSS program satisfy the requirement for full and open competition. 41 U.S.C. § 259(b)(3); FAR § 6.102(d)(3); Sales Res. Consultants, Inc., B-284943, B-284943.2, June 9, 2000, 2000 CPD 102 at 3-4. Non-FSS products and services may not be purchased using FSS procedures; instead, their purchase requires compliance with the applicable procurement laws and regulations. Symplicity Corp., B-291902, Apr. 29, 2003, 2003 CPD 89 at 4; Pyxis Corp., B-282469, B-282469.2, July 15, 1999, 99-2 CPD 18 at 4.” KEI Pearson, Inc., B-294226.3; B-294226.4, January 10, 2005.

So the short answer to the question is yes, you are responsible for policing the orders you get on your schedule, and an award purported to be “on-schedule” that is actually “off-schedule” is an improper award and can be overturned if protested. The safer approach is to alert the CO to the fact that the item is not on your schedule and ask them to proceed with the order as a non-schedule item. This will create more work for the CO, but most of them will appreciate the fact that you have been alert to the rules. They like to stay out of trouble as well.

And as for you, why aren’t all of your products on a schedule? They should be. Call one of us at CCS and we will assist you in getting your full line of products or services on schedule.

NOTE: CCS is not authorized to practice law or accounting. This information should not be relied on in any particular facts you may have without checking with a properly licensed professional.