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Expiration of FAR 51 Deviation Authority

The FAR 51 Deviation expired on October 23, 2019 and shall not be used on orders placed after this date.  Accordingly, clause CI-FSS-056 FEDERAL ACQUISITION REGULATION (FAR) PART 51 DEVIATION AUTHORITY (FEDERAL SUPPLY SCHEDULES) (JAN 2010) has been DELETED from the Consolidated Solicitation under Refresh 1.

Under the FAR 51 Deviation, Federal Government contracting officers were authorized to give GSA contractors access to the Federal Supply Schedule (FSS) and GSA Global Supply Programs when deemed appropriate for fulfillment of their agency requirements.

Agencies may now use Order Level Material (OLM) procedures to acquire other direct costs (ODCs) and material support items to meet the requirements of a specific order.  For more information on OLMs, see www.gsa.gov/olm.

Can the FAR 51 Deviation continue to be used on orders that were issued on or before October 23, 2019?

Yes, as long as the order was issued prior to the expiration date (October 23, 2019) of the FAR 51 Deviation, the Deviation may continue to be used throughout the life of the order, including options.

Can the FAR 51 Deviation be used under BPAs that were awarded on or before October 23, 2019? 

Scenario 1 -  Award Term BPAs

If the BPA was awarded prior to October 23, 2019 with an award-term Period of Performance (PoP), the deviation may be used on orders awarded during the award-term of the BPA that was in effect before the Deviation expired. The deviation may not be used under any subsequent award-terms.

Scenario 2 - BPAs with Options

If the BPA was awarded prior October 23, 2019 with a base PoP with option periods, the deviation may be used on orders issued during the BPA PoP for use throughout the life of the order, including options.  

Can the ordering contracting officer (OCO) issue the letter of authority required by the Deviation at any time during the life of the order, for orders or BPAs awarded on or before October 23, 2019?

Yes, as long as the order was issued prior to the Deviation’s expiration (October 23, 2019), the OCO may issue the letter of authorization to use the FSS and GSA Global Supply programs, under the authority of the Deviation, at any time during the life of the order or BPA.

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