Important Update for All Schedules: Incorporating Commercial Supplier Agreements Final Rule

Submitted by MAS Blogger on Thursday, April 19, 2018 - 10:09 AM

The General Services Administration (GSA) Federal Acquisition Service (FAS) is planning to refresh all GSA Multiple Award Schedule (MAS) solicitations to incorporate the GSAR final rule 2015-G512 - Unenforceable Commercial Supplier Agreement (CSA) Terms. Please see the “Significant Changes” attachment for an overview of the planned changes. The rule broadly defines unenforceable obligations and clauses, and outlines the order of precedence contracting officers and industry partners must follow. By explicitly addressing common unenforceable terms, the CSA rule mitigates government risk and streamlines negotiations, saving time and money.

5/23/18 UPDATE: The refresh will also include additional updated Service Contract Act Wage Determinations for all MAS solicitations.

The Office of Policy and Compliance (OPC) will host a public webinar to provide interested parties an opportunity to learn about the planned changes and ask related questions. The webinar will be in a listen-only format with the ability for participants to type questions via an online chat function. Webinar information is provided below.

Date: May 15, 2018

Time: 10:00 - 11:00 am EST

Web Meeting Link: https://meet.gsa.gov/e4dpnapnw8u3/event/event_info.html

The webinar will be recorded for future viewing.

A bilateral modification will be issued to apply the changes to existing MAS contracts following the refresh. Contractors will have 90 days to accept the mass modification. GSA anticipates that the refresh will occur in the June/July timeframe.

NOTE: This action will add/update clause 552.212-4 Contract Terms and Conditions Commercial Items (JAN 2017) (DEVIATION - FEB 2018) (ALTERNATE I - JAN 2017) (DEVIATION - FEB 2007). Contractors with Schedules to which Order-Level Materials (OLM) authority will be added must accept this bilateral modification before they will be issued the forthcoming OLM mass modification (Please see FAQs for further details). More information on the OLM refresh and mass modification will be posted to GSA Interact soon.

Please leave any questions or feedback in the comments section of this posting. Thank you for your continued partnership.

ATTACHMENTS:

Draft Significant Changes

Frequently Asked Questions

CSA/OLM: What You Need to Know

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