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GSA Schedule ordering rules are moving out of the FAR: what GSAR 538.71 would change

Updated September 2026

If you hold a GSA Multiple Award Schedule contract, the way agencies buy from you is about to be rewritten. GSA's proposed rule, GSAR Case 2026-G501, takes the Federal Supply Schedule ordering procedures that have lived in FAR subpart 8.4 for two decades and moves them into GSA's own regulation, cut from more than 10,000 words to about 2,600. Most of the substance stays. Some of it moves in your favor, and a few changes deserve a comment before October 22.

What GSA published on September 22, 2026

The rule appeared in the Federal Register as 91 FR 60063 (FR Doc. 2026-19331, RIN 3090-AL13, docket GSA-GSAR-2026-0563). It is a proposed rule from GSA's Office of Acquisition Policy, not from the FAR Council, because it amends the General Services Administration Acquisition Regulation (GSAR), which is chapter 5 of title 48 of the Code of Federal Regulations. The FAR is chapter 1.

It would add one new subpart, 538.71, "Federal Supply Schedule Ordering Procedures," with these sections:

• 538.7100 to 538.7102: scope, definitions and general program rules
• 538.7103: ordering procedures, split into general requirements and three dollar bands
• 538.7104: blanket purchase agreements (BPAs), order-level materials, sole-source justifications and brand-name items
• 538.7105: disputes after award

Anyone can comment at regulations.gov by searching for "GSAR Case 2026-G501". The deadline is October 22, 2026. Confirm any detail against the official PDF before you rely on it, because this page is a summary.

Why are the Schedule ordering rules leaving the FAR?

This is a direct consequence of the FAR overhaul. Executive Order 14275, "Restoring Common Sense to Federal Procurement," started the rewrite, and OMB memorandum M-25-26 told the FAR Council to carry it out. One of the proposed rules the Council published on September 18, FAR Case 2026-003, rewrites FAR part 8. That rewrite deletes the duplicated procedures for required sources such as the Schedules, AbilityOne and Federal Prison Industries, and tells agencies to follow the procedures each source publishes instead. We covered that batch in the September 2026 FAR overhaul rules.

Once subpart 8.4 goes, the Schedule ordering procedures need a new home. GSA runs the Federal Supply Schedule program under 41 U.S.C. 152(3), so it is putting them in GSAR part 538, which already covers Schedule contracting. GSA says the move gives it "the flexibility necessary to better manage" the procedures. In practice that means GSA can change them later through its own rulemaking rather than waiting for the four-agency FAR Council.

The two rules depend on each other. If FAR Case 2026-003 is finalized with subpart 8.4 removed, 538.71 becomes the rulebook. The earlier background on why the whole FAR is being rewritten is on our FAR overhaul explainer.

Who this affects

The rule is written for ordering activities, meaning the contracting offices that place orders and set up BPAs. But the preamble is plain about who else has to learn it. At the end of fiscal year 2025 there were about 14,000 active vendors holding a Schedule contract, and about 12,400 of them, 89 percent, were small businesses. GSA estimates roughly 2,700 new offerors a year. It prices the one-time cost of learning the new text at about $1.39 million for agencies and $567,775 for contractors and would-be contractors.

If you do not hold a Schedule, this rule does not change what you do today. It matters if you are deciding whether a Schedule is worth pursuing, because it describes how agencies would actually buy from you once you have one. That is a separate decision from SAM.gov registration, which stays free and is not the same thing as a Schedule. Our page on why SAM.gov is not a GSA Schedule covers the difference.

How orders would be placed at each dollar level

Today, FAR subpart 8.4 splits ordering three ways: 8.405-1 for supplies and fixed-price services with no statement of work, 8.405-2 for services that need a statement of work, and 8.405-3 for BPAs. Each section repeats its own thresholds. The proposal replaces that with one set of steps keyed to the estimated value of the buy. The thresholds themselves come from FAR 2.101: the micro-purchase threshold is $15,000 and the simplified acquisition threshold is $350,000.

At or below the micro-purchase threshold

Under proposed 538.7103-2, the agency can order from any Schedule contractor that can meet the need. There is no required number of quotes, though agencies "should attempt to distribute orders" among contractors. That matches the current rule.

Above the micro-purchase threshold, up to the SAT

This is where most small Schedule orders fall, and where the proposal draws a new line. Under 538.7103-3:

• Clearly defined, fixed-price items (the rule gives capability as a service, subscriptions and training as examples): the agency can post a request for quotation (RFQ) on GSA's eBuy, send an RFQ to three or more Schedule contractors, or simply consider reasonably available information about what three or more contractors offer.
• Anything not clearly defined, or that involves order-level materials, needs a statement of work or objectives, or is not fixed price: the agency must post on eBuy or send an RFQ to three or more contractors. Browsing catalogs is not enough.
• Sole source: a written justification under 538.7104-3(a).

The first path is close to today's 8.405-1(c), which lets an agency survey three contractors on GSA Advantage! or their price lists. The practical point for a small seller is the same as it has been: if your catalog, pricing and descriptions on GSA Advantage! are thin, you may never be in the three an agency looks at.

Above the SAT

Under 538.7103-4, unless a sole-source justification is approved, the agency posts the RFQ on eBuy or sends it to as many Schedule contractors as practicable to reasonably ensure at least three quotes. If fewer than three come back, the file must explain why no other capable contractors could be found. That tracks current 8.405-1(d) and 8.405-2(c)(3) closely.

After award, the agency must notify unsuccessful quoters promptly. If you lose on an award that was not based on price alone, you can ask for a brief explanation of why you were not selected. The proposal adds a clock: the request must come within 3 days after you receive the award notice, with "day" defined as in FAR 33.102. The current FAR text sets no deadline for that request. If you quote on Schedule work above $350,000, put the three-day window in your capture checklist.

A quotation is still not an offer

Proposed 538.7103-1(a)(3) says it in plain words: "A quotation is not an offer." The procedures "are not considered negotiations or source selection," and agencies "have broad discretion" in how they evaluate quotes. They do not need evaluation plans, quotation scoring or a competitive range before talking to quoters or asking for revised quotes.

Proposed 538.7102(b) adds that, unless the subpart says otherwise, FAR parts 5, 6, 14, 15, 16 and 19 do not apply. Part 5 is publicizing, part 6 is competition, part 15 is negotiated proposals, part 16 is contract types and part 19 is the small business programs. Most of that exclusion exists today in FAR 8.404(a), which already keeps parts 13, 14, 15 and 19 out of Schedule orders, with narrow exceptions.

For a small firm this cuts both ways. Faster RFQs with fewer formal steps mean less proposal writing. They also mean fewer procedural hooks if you think an order was handled unfairly. The file only has to be documented "to the extent necessary to support the award decision," for example by showing that each quote was fairly considered.

What would change for small business set-asides on Schedule orders?

Very little on paper. Proposed 538.7103-1(b)(1) says ordering activities may set aside orders, or establish BPAs, with the small business concerns listed in FAR 19.000(a)(3). For multiple-award BPAs, one or more can be reserved for small businesses. That keeps the discretionary set-aside authority that comes from 15 U.S.C. 644(r) and now sits in FAR 8.405-5.

Two things from current 8.405-5 do not appear in the proposed text. One is the advice that agencies should consider at least one small, veteran-owned, service-disabled veteran-owned, HUBZone, women-owned or small disadvantaged Schedule contractor when picking whom to consider. The other is the tie-breaker preference for small business items at the same delivered price. The preamble does not discuss either. If those lines matter to how you win work, say so in a comment. For how set-asides work outside the Schedules, see set-asides and the Rule of Two.

Prices, discounts and responsibility checks

Today, FAR 8.405-4 says the ordering activity "shall seek a price reduction" when an order or BPA exceeds the SAT. Under proposed 538.7103-1(b)(2), agencies "may" seek further discounts or other concessions before ordering. Asking becomes optional at every dollar level. Expect contracting officers to keep asking on large orders anyway, but the requirement would be gone.

The proposal also states that agencies do not have to:

• determine contractor responsibility at the order or BPA level, because it was determined when GSA awarded the Schedule contract; or
• make a fair and reasonable price determination for items already priced in your Schedule contract, because GSA already did that.

What agencies must still do before award is check SAM.gov for active exclusion records. Keep your own record clean and Active. If you are unsure what the statuses in your record mean, our guide to SAM.gov status meanings explains them.

Order-level materials and teaming

Order-level materials (OLMs) are items that are not on your Schedule contract but that you supply in direct support of an order, for example parts for a repair service. The OLM rules now sit in GSAR clause 552.238-115. The proposal moves them into 538.7104-2, next to the ordering steps, so contracting officers see them. The core conditions stay: OLMs cannot be the primary purpose of the order, must be labeled as OLMs, need the OLM SIN on your contract, and need a fair and reasonable price determination made before you buy them.

Two changes help small Schedule holders who partner with others:

• Buying from other Schedules. Under proposed 538.7102(e), GSA authorizes you to acquire products, services or solutions from other Schedule contracts while performing an order, unless the agency prohibits it. No separate FAR 8.105 authorization is needed, and no fair and reasonable determination is needed for OLMs bought that way.
• Contractor team arrangements. Proposed 538.7102(d) says two or more Schedule contractors can combine offerings in a team arrangement unless the agency prohibits it. A small firm with a narrow Schedule can team with another holder to quote a fuller solution.

BPAs under the proposed rule

BPAs are standing agreements an agency sets up against Schedule contracts for repeat needs. Proposed 538.7104-1 keeps them close to today's model, with fewer words:

• A BPA must cover the scope, an ordering period with any options, agency-specific terms not already in the Schedule contract, and ordering procedures.
• For multiple-award BPAs, orders above the SAT go to all holders or as many as practicable, with a documented reason if fewer than three are asked.
• A BPA can run past the current term of your Schedule contract if the Schedule's remaining options would cover it.
• The agency must review each BPA every year, or before exercising an option, and decide in writing whether it is still best value, whether estimates have been reached, whether more discounts are available and whether any OLMs still belong on it.

Several current limits are not in the proposed text: the five-year guideline for multiple-award BPAs, the one year plus four option years cap on single-award BPAs, and the head-of-agency determination needed for a single-award BPA over $150 million in FAR 8.405-3. The preamble does not say whether GSA meant to drop them or expects agencies to apply them from elsewhere. Small businesses that compete for multiple-award BPAs have a stake in how those limits are handled, and this is a fair question to raise in a comment.

Sole-source Schedule orders and where to find the justifications

Schedule orders are exempt from FAR part 6, but proposed 538.7104-3 still requires a written justification for any sole-source order or BPA above the micro-purchase threshold. Up to the SAT, the agency records why only one source is reasonably capable, such as urgency or an exclusive license. Above the SAT, it must cite one of the listed statutory exceptions: unusual urgency, a unique or highly specialized need, a logical follow-on to a competitively placed order, satisfying a minimum guarantee, a statute that names the source, or for DoD, NASA and the Coast Guard, one of the exceptions in 10 U.S.C. 3406(c)(5).

Justifications above the SAT must be posted on the Government-wide point of entry, which is SAM.gov, within 14 days after award, or within 30 days for urgency, and stay up for at least 30 days. That matches today's 8.405-6. Reading these postings on SAM.gov is one of the cheapest ways to learn which incumbents hold follow-on work in your market. Our guide to where opportunities are posted shows where to search.

What small Schedule holders should do before October 22

1. Check your Schedule and SINs for special ordering procedures. Under proposed 538.7102(f), GSA can set special procedures for a schedule, category or SIN, and they take precedence over 538.71.
2. Tighten your GSA Advantage! listing. For fixed-price buys up to $350,000, an agency can meet the rule by reviewing information about three contractors. Clear descriptions and current pricing are how you get counted.
3. Add the 3-day explanation window to your process. If you lose a best-value order above the SAT, request the explanation right away.
4. Comment on what matters to you. Likely topics: the missing small business consideration language, the BPA duration and single-award limits, and whether 3 days is enough time to ask for an explanation.
5. Keep SAM.gov Active. Nothing here changes registration. It is still free, and a lapsed record still blocks awards.

If someone contacts you offering to "update your Schedule for the new GSAR rules" for a fee, remember that the rule is not final and GSA says it adds no new reporting, recordkeeping or compliance requirements for contractors. Our page on registration scams covers the sales patterns to watch for.

Key facts and dates

• April 15, 2025: Executive Order 14275 starts the FAR overhaul.
• September 18, 2026: FAR Case 2026-003 proposes rewriting FAR part 8, which removes the Schedule ordering procedures from subpart 8.4. Comments due October 19, 2026.
• September 22, 2026: GSAR Case 2026-G501 proposes new GSAR subpart 538.71 to hold them.
• October 22, 2026: comment deadline for GSAR Case 2026-G501.
• Until final rules take effect: the current FAR subpart 8.4 text, any agency class deviation and your Schedule's special ordering procedures still govern.

This page summarizes a proposed rule as published on September 22, 2026. Final rules can differ. Confirm current requirements on acquisition.gov, gsa.gov/schedules and in each RFQ before relying on anything here.

Independent information, not legal advice. ZeroGov is not GSA, not the FAR Council, not SAM.gov and not the U.S. government.