# 538.7202 Awarding Order-Level Materials in FSS contracts.

1. (a) Federal Supply Schedules authorizing order-level materials must include a separate Special Item Number (SIN) with the following scope:

   1. (1) Order-level materials are supplies or services acquired in direct support of a contractor's offerings and which are unknown before a task or delivery order is placed against the FSS contract or FSS BPA); including, direct materials, subcontracts for supplies and incidental services for which there is not a labor category specified in the FSS contract, other direct costs, and indirect costs. Order-level materials are subject to a negotiated price ceiling that the contractor exceeds at its own risk.

   2. (2) Items awarded under ancillary supplies or other direct cost (ODC) SINs are not order-level materials.

2. (b) The order-level materials SIN cannot be the only awarded SIN on a FSS contract or FSS BPA.

3. (c) Price Pricing analysis for order-level materials is not conducted when awarding the Federal Supply Schedule FSS contract or FSS BPA; therefore, sections 538.270 and 538.271 do not apply to order-level materials.