1. What are OLMs?
An OLM is a product, service, or solution that is not available under the Contractor's FSS contract, but is needed for performance of the order. An OLM can be obtained from another FSS contract, a mandatory or non-mandatory Government source, or a commercial source.
Order activities must follow the order of priority of sources before obtaining an OLM from a commercial source (see FAR 8.105 (GSA Class Deviation RFO-2025-FSS-GSAR 538)).
2. What are some examples of OLMs?
OLMs are varied and depend entirely on the scope of the specific order. They essentially function as "other direct costs" (ODCs) under the special OLM Special Item Number (SIN). Examples include, but not limited to:
- Materials and Supplies: Specific cables, unique insulation, or specialized tools required for a particular project that aren't on the main price list.
- Material Handling Charges: Costs associated with order execution, shipping, and tracking.
- Incidental Services: Minor supporting services not explicitly listed under a specific labor category on the FSS contract.
- Specialized Repair Work: If a piece of equipment used during a project requires a unique, unforeseen repair that isn't covered by the contract's standard maintenance SIN, the specialized labor might be an OLM.
- Subcontracted Services: Services provided by a third-party subcontractor when there isn't a specified labor category for that service on a FSS contract.
- Customized Training: Specific, customized training services required for a particular project that were not known or priced during the original contract award.
- Installation/Site Preparation: Services like basic electrical work, plumbing, or painting that are incidental and necessary for the delivery or installation of a product under the main contract.
- Shipping / Freight: Applicable to FOB Origin products where shipping is not awarded under the MAS contract.
It is important to note that OLMs do not include those items already awarded under an ANCILLARY or ODC Special Item Number (SIN) and must not be the primary purpose of the order.
3. What are Non-FSS items?
Non-FSS items were previously referred to as ‘open market items” under FAR 8.402(f).
Non-FSS items are products, services, and solutions that are:
- Outside the authority and scope of the FSS program (e.g., not bound by the terms and conditions of the FSS program);
- Neither FSS items or OLMs.
- Though OLMs may include items obtained outside of FSS, they must comply with all MAS terms and conditions (e.g., commerciality and TAA compliance).
- Items that have their own pricing, period of performance, contract clauses, etc.
- Items that are procured from you, the vendor, on a standalone basis via a separate award, not in your capacity as a MAS contractor.
4. How can ordering activities obtain Non-FSS items?
To procure Non-FSS items, the ordering activity-
- Must conduct a separate procurement for these Non-FSS items.
- The award must be made to you, the vendor, on a standalone basis, not in your capacity as a MAS contractor. There should be no reference to your MAS contract.
- Is responsible for complying with all applicable acquisition regulations, and
- Should leverage available acquisition flexibilities to procure Non-FSS items.
5. Can I combine Non-FSS items and FSS items into one invoice?
You, as the vendor, need to coordinate with the ordering activity prior to submitting a consolidated invoice that includes non-FSS items and FSS items. Ordering agencies may have their own requirements necessary to ensure the invoice properly identifies the separate procurements.
4. Can an OLM item be added at the BPA level?
No, at this time, an OLM item can be added under a BPA Call / order but not on the BPA itself. Pursuant to GSAR 538.71 (GSA CD RFO-2025-FSS-GSAR 538), an OLM is an item that is not known at the MAS contract or FSS BPA level and cannot be added under the base level BPA.
6. Can an OLM be a non-commercial item?
No, an OLM cannot be a non-commercial item when acquired through the FSS program, which is exclusively for acquiring commercial products and commercial services. Any OLM added to an order must satisfy the definition of a "commercial product" or "commercial service" as outlined in FAR 2.101. It is the OCO's responsibility to ensure that each OLM offered meets the definition of a commercial item.