GSA Proposes Moving Schedule Ordering Procedures Out of FAR 8.4 and Into GSAR 538.71

What changed

On 22 September 2026 GSA published a proposed rule, GSAR Case 2026-G501 (91 FR 60063, RIN 3090-AL13), that would move Federal Supply Schedule ordering procedures out of FAR subpart 8.4 and into a new GSAR subpart 538.71. It is the companion to FAR Case 2026-003, the overhaul of FAR Part 8, which removes the FSS procedures and points agencies to GSA's. Comments are due 22 October 2026.

The rule replaces the current split across FAR 8.405-1, 8.405-2 and 8.405-3 with a single structure organized by dollar value: at or below the micro-purchase threshold, above it up to the simplified acquisition threshold, and above the SAT. Above the SAT, an ordering activity posts the RFQ on eBuy or solicits enough schedule holders to reasonably expect three quotes, and documents the file if it gets fewer. The text states that orders are not source selections and that ordering activities need no evaluation plan, scoring or competitive range. Order-level materials rules move from clause 552.238-115 into 538.7104-2, and FSS BPAs keep an annual review that includes whether OLM pricing is still fair and reasonable. GSA estimates the text shrinks from over 10,000 words to about 2,600.

Why it matters

For pricing, two provisions stand out. The proposed 538.7103-1(c) says ordering activities need not make a fair and reasonable price determination at the order or BPA level for items priced in the schedule contract, because that determination is made at the contract level. OLMs are the exception: each needs a fair and reasonable determination at the order or BPA level before the contractor buys it, unless it comes from another schedule. So the schedule price list carries more weight, and OLM support is where order-level price analysis will focus. Best value may also consider the level of effort and labor mix quoted, which matters for anyone quoting labor-hour or T&M orders against schedule rates.

Practically, schedule holders will need to point to the GSAR rather than FAR 8.4 once this is final. Set-aside authority for orders and BPAs carries over. GSA says the rule imposes no new reporting or recordkeeping.

Primary sources

GSAR Implementation of Executive Order 14275, Federal Supply Schedule Ordering Procedures, 91 FR 60063 (22 September 2026): https://www.federalregister.gov/documents/2026/09/22/2026-19331/general-services-administration-acquisition-regulation-gsar-implementation-of-executive-order-14275

Revolutionary FAR Overhaul, Acquisition.gov: https://www.acquisition.gov/far-overhaul