The FAR has been amended to incorporate policies that address the handling of open market items. Note: Open market items are also known as incidental items, noncontract items, non-Schedule items, and items not on a GSA Federal Supply Schedule contract. In accordance with FAR 8.401(d), for administrative convenience, an ordering agency contracting officer may add items not on the GSA Schedule contract i.e., open market items to a GSA Schedule BPA or an individual task or delivery order only if:
- All applicable acquisition regulations pertaining to the purchase of the items not on the GSA Schedule contract 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 agency contracting officer has determined the prices for the items not on the GSA Schedule contract are fair and reasonable;
- The items are clearly labeled on the order as items not on GSA Schedule contract; and
- All clauses applicable to items not on the GSA Schedule contract are included in the order.
Under the terms of GSA Schedule contracts, contractors have the ability to submit modifications to add services/products to their contracts. Ordering offices may contact GSA Schedule contractors to request that open market items be added to their GSA Schedule contracts.