GSAR | The Contracting Education Academy

March 7, 2018 By AMK

GSA says rule change will simplify Schedule buys, reduce proliferation of multiple-award contracts

The General Services Administration believes it’s fixed at least one of the reasons behind a proliferation of overlapping indefinite-delivery/indefinite-quantity (IDIQ) multiple award contracts across the government.

Until now, there was no way for agencies to buy products and services from GSA’s Schedules program while simultaneously getting the ancillary services and goods they might need to actually make use of them.

A change to the General Services Administration Acquisition Regulation (GSAR), published last month, lets agencies buy what are known as “order level materials” (OLMs) via the schedules themselves. Previously, officials said, acquisition often had to undertake two contracting actions if they wanted to buy ancillary services from the schedules.

Keep reading this article at: https://federalnewsradio.com/acquisition-policy/2018/02/gsa-says-rule-change-will-simplify-schedule-buys-reduce-proliferation-of-multiple-award-contracts/

June 24, 2016 By AMK

GSA doubles-down on commercial supplier and end-user license agreements

Recently, the General Services Administration (“GSA”) issued a proposed rule to codify a class deviation regarding GSA’s approach to common Commercial Supplier Agreement (“CSA”) and End User License Agreement (“EULA”) terms.

The class deviation has been previously addressed here and in an article for the Coalition for Government Procurement available here. While the Proposed Rule apparently is intended to assuage contractor concerns about the class deviation, it falls short of this goal, so contractors must remain vigilant if and when the Proposed Rule is finalized and GSA begins to attempt to implement it through contract modifications. Comments on the Proposed Rule are due by August 1, 2016.

Like the class deviation, the Proposed Rule would declare “unenforceable” 15 typical CSA/EULA terms and conditions that GSA believes are inconsistent with federal law. This change would thus allow GSA to ignore these clauses during negotiations, with the stated goal of reducing time and expense in negotiating CSAs/EULAs.

But the Proposed Rule does not stop there.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2016/06/gsa-proposed-rule-doubles-down-on-csaeula-deviation

April 3, 2015 By AMK

Another proposal from GSA is class deviation for commercial agreements

March has been a busy month for the General Services Administration (GSA) in its efforts to implement what it has touted as a “new vision for Federal purchasing.”

On March 5, 2014, GSA announced a proposed rule to reform pricing practices and contractor reporting requirements under multiple award schedule contracts.

In its latest move, on March 20, 2015, the GSA issued a proposal to streamline the negotiation of Commercial Supplier Agreements, which are commonly used in acquisitions of software and other information technology. Such agreements typically contain standard contract terms that GSA regards as inappropriate in the context of a sale to the government. As a result, protracted negotiations with GSA are often necessary to reach agreement on acceptable terms before software and other items can be offered for sale on the Federal Supply Schedule.

Keep reading this article at: http://www.natlawreview.com/article/another-proposal-gsa-class-deviation-commercial-agreements

The General Services Administration believes it’s fixed at least one of the reasons behind a proliferation of overlapping indefinite-delivery/indefinite-quantity (IDIQ) multiple award contracts across the government.

Recently, the General Services Administration (“GSA”) issued a proposed rule to codify a class deviation regarding GSA’s approach to common Commercial Supplier Agreement (“CSA”) and End User License Agreement (“EULA”) terms.

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