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Tag: government regulations

GSA is going green!

GSA is off and running to make the May 27, White House deadline to deliver a plan around clean energy vehicles and green electricity. According to the executive order, GSA must deliver a plan to address clean energy vehicles and green electricity. (Federal News Network, April 28, 2021)

Sonal Kemkar Larsen, the senior adviser to the GSA administrator on climate said, “one thing that is really important to us at GSA across the board is to be looking at how we can decarbonize our entire supply chain. We procure a lot of different things: Energy, buildings, government goods, and vehicles. In all of those, we need to look at our supply chains, the manufacturers, the businesses we are working with all the way to the design and installation in all of this. There is carbon from the beginning to the end so decarbonization is going to be a big lift as we look across the supply chain. A new focus for us is to look across all aspects of procurement.” (ibid)

Under the order, GSA must address how it will attain:

  • A carbon pollution-free electricity sector by 2035
  • Clean/zero-emission vehicles for federal, state, local, and tribal government fleets, including Postal Service vehicles
  • Additional legislation required to accomplish these objectives
  • Certifying the U.S. retains the union jobs integral to and involved in managing and maintaining clean and zero-emission fleets while adding union jobs in the manufacture of the clean fleets (ibid)

Katy Kale, the acting GSA administrator, said the Federal Green Building Advisory Committee created two new task forces – the environmental justice and equity task group and the federal building decarbonization task group. (ibid)

According to Kale, “the decarbonization task group will explore opportunities for reducing greenhouse gas emission in buildings in the federal real estate portfolio through the use of renewable energy, energy efficiency, electrification, and smart building technologies. They will provide some recommendations to GSA this fall so we can begin to develop a roadmap for the decarbonization of federal buildings. The environmental justice and equity task group will improve engagement with diverse communities and key partners throughout the design, construction, operations, renewal, and occupancy. We believe this engagement will lead to increased inclusion, opportunities, and green jobs in the federal sustainability building process.” (ibid)

Kale went on to say, “when we are talking about decarbonization in building, it’s all of the things that we need to do to reduce and eliminate greenhouse gas emissions that are caused by the operation of the building. That could include replacing gas boilers with solar hot water or using ground source heat pumps. Really we need to make sure we are including every efficiency measure that we can, including using smaller, more local equipment for heating and cooling, making sure motors are high-efficiency motors, adjusting control strategies to reduce peak loads. It’s A to Z, we’ve got everything covered.” This is quite a large opportunity for GSA as 60% of its leases held are going to expire between fiscal 2019 through 2023. (ibid)

The other area of “green” opportunity for GSA is through the vehicles it manages. GSA owns and manages over 670,000 cars and trucks and manages more than 200,000 leased vehicles. As of today, GSA has a fleet of 16 types of battery-operated vehicles and 5 plug-in electric vehicles. (ibid)

According to Charlotte Phelan, the assistant commissioner of the Office of Travel, Transportation, and Logistics in the Federal Acquisition Service (FAS), “the biggest challenge that we are looking at is actually the charging infrastructure. We need to deploy electric vehicle infrastructure to make sure we are able to do large-scale vehicle deployment while also ensuring agencies are able to accomplish their mission.” Phelan expects a plan to address the charging infrastructure to be out in the coming months. (ibid)

According to Sonny Hashmi, the commissioner of the FAS, the goal is to get to zero emissions.

Are you looking to be part of GSA’s mission to decarbonize its supply chain? Give us a call.

 

 

Federal Travelers take note: GSA releases FY2019 Per Diem Rates

You knew it was coming …. GSA released the fiscal year (FY) 2019 travel per diem rates, which will take effect on October 1, 2018. GSA sets these rates for the Continental United States annually. Rates are based on local market costs of mid-priced hotels, lodging per diem rates provide caps, or maximum amounts, that can be reimbursed to federal employees for lodging and meals while on official travel.

For more information on FY 2019 travel per diem rates, please visit www.gsa.gov/perdiem.

 

 

Final Rule released for Common Commercial Terms

GSA Final Rule Defines Common Commercial Terms

On February 22, GSA issued a Final Rule addressing common terms that are inconsistent with Federal Law. The rule aims to streamline agreements over CSAs, EULAs, Terms of Sale, and similar sets of terms and conditions. The rule reverses several controversial provisions from an earlier Proposed Rule and class deviation by reverting the order of precedence and eliminating the requirement to provide full text of all provisions.

The rule also formalizes the longstanding stance that certain terms and conditions cannot be enforced by law via a paragraph addition to GSAR 552.212-4. The paragraph identifies 15 common commercial terms, which are viewed as non-negotiable and required by federal law. It prohibits automatic  renewals, and provides that disputes are governed by federal law. The change allows GSA to ignore these clauses during negotiations, thereby reducing time and expenses. Among the included terms are:

  • commercial supplier agreements
  • unenforceability of unauthorized obligations
  • solicitation provisions and contract clauses for the acquisition of commercial items

GSA responded well to industry complaints about the proposed rule, modifying or reversing the most egregious propositions.

For more information see the National Law Review.

OLM rule finalized

OLMs, Order-Level Materials, are goods and services that are not covered by original FSS contracts or BPAs, but are necessary to the completion of a particular order. Historically, FSS prohibited agencies from adding them into task orders and delivery orders placed against contracts. This meant agencies could only acquire them by placing task orders on multiple-award-contracts, and were hence forced to make two separate procurements. However, on January 24, FSS issued a final rule to authorize agencies to acquire OLMs when placing orders, offering greater flexibility and efficiency.

The rule makes clear that OLMs are not open-market items, but rather may be added to an order under the new GSAR provision 552.238-82. The list of schedules authorized to allow for OLMs should soon be available here. 

Under the new rule, agencies may add OLMs up to one-third the value of the order, with some restrictions. Except for travel OLMs, each proposed OLM above the simplified acquisition threshold of $150,000 should come with three quotes. This ensures that prices are fair and reasonable.

Industry partners with affected GSA FSS schedules will receive bilateral modifications from GSA adding the OLM Special Item Numbers (SINs) to their GSA contracts. Before accepting, contractors should ensure that they have policies and procedures in place to comply with the three-quote requirement and the OLM limitation of one-third of the total order value.

Overall, this looks like a welcome change that will increase efficiency and decrease administrative costs.

Rolling Down the FedRAMP

GSA recently announced the launch of the FedRAMP Tailored Baseline for Cloud Service Providers with Low Impact Software-as-a-Service systems. FedRAMP Tailored aims to support solutions that have low risk and low costs for agencies. This means a streamlined process for a variety of applications. Tailored also standardizes an approach to determine risks associated with cloud applications and provides the government with the freedom to use the cloud while maintaining security.

FedRAMP tailored was open for comment in January and July of 2017. The program provides base security control requirements for industry to meet. Agency authorizing officials are responsible for adding controls where necessary for compliance. GSA believes “The FedRAMP program, including our goals for Tailored, is a key part of issuing an informed, risk-based authority to operate.”

For more information, see the FedRAMP Tailored website.