FAR 38.101 General

Section Federal Acquisition Regulation

Facts

Citation
FAR 38.101
Type
Section
Last amended
86 FR 61017 Effective Dec 6, 2021
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.

Text

(a) The Federal Supply Schedule program, pursuant to 41 U.S.C. 152(3), provides Federal agencies with a simplified process of acquiring commercial supplies and commercial services in varying quantities while obtaining volume discounts. Indefinite-delivery contracts are awarded using competitive procedures to firms. The firms provide supplies and services at stated prices for given periods of time, for delivery within a stated geographic area such as the 48 contiguous states, the District of Columbia, Alaska, Hawaii, and overseas. The schedule contracting office issues Federal Supply Schedule publications that contain a general overview of the Federal Supply Schedule (FSS) program and address pertinent topics.

(b) Each schedule identifies agencies that are required to use the contracts as primary sources of supply.

(c) Federal agencies not identified in the schedules as mandatory users may issue orders under the schedules. Contractors are encouraged to accept the orders.

(d) Although GSA awards most Federal Supply Schedule contracts, it may authorize other agencies to award schedule contracts and publish schedules. For example, the Department of Veterans Affairs awards schedule contracts for certain medical and nonperishable subsistence items.

(e) When establishing Federal Supply Schedules, GSA, or an agency delegated that authority, is responsible for complying with all applicable statutory and regulatory requirements (e.g., parts 5, 6, and 19). The requirements of parts 5, 6, and 19 apply at the acquisition planning stage prior to issuing the schedule solicitation and, generally, do not apply to orders and BPAs placed under resulting schedule contracts (except see 8.404 and 8.405-5).

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation: Revision of Definition of “Commercial Item” 86 FR 61017 · FAC 2022-01
Federal Acquisition Regulation; Positive Law Codification of Title 41 79 FR 24192 · FAC 2005-73
Federal Acquisition Regulation; Set-Asides for Small Business 76 FR 68032 · FAC 2005-54
Federal Acquisition Regulation; Requirements for Acquisitions Pursuant to Multiple-Award Contracts 76 FR 14548 · FAC 2005-50
Federal Acquisition Regulation; Federal Supply Schedules Services and Blanket Purchase Agreements (BPAs) 69 FR 34231 · FAC 2001-24
Federal Acquisition Regulation; Federal Supply Schedules Small Business Opportunities 65 FR 36023 · FAC 97-18

Sections cited

Quick answers

What is FAR 38.101?

FAR 38.101 is a section of the Federal Acquisition Regulation, titled "General".

When was FAR 38.101 last changed?

The most recent final rule on record is "Federal Acquisition Regulation: Revision of Definition of “Commercial Item”" (86 FR 61017), published Nov 4, 2021 and effective Dec 6, 2021.

Are changes to FAR 38.101 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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