FAR 51 Deviation Authority is expired!

Here’s what you need to know.  Contracting officers were permitted to give contractors access to the Federal Supply Schedule (FSS) and GSA Global Supply Programs if appropriate, for the fulfillment of their agency requirements. They used the FAR 51 Deviation Authority vehicle for this purpose. On 23 October, the FAR 51 Deviation expired. It will no longer be used on orders placed after this date. Under Refresh 1, clause CI-FSS-056 Federal Acquisition Regulation (FAR) Part 51 Deviation Authority (Federal Supply Schedules) (Jan 2010) is deleted.

In lieu of FAR 51 Deviation, agencies may use Order Level Material (OLM) procedures to acquire other direct costs (OCDs) and material support items to meet specific order requirements. Additional information for OLMs may be found at www.gsa.gov/olm.

Many question if a contracting officer can issue a letter of authority (required by the Deviation) anytime during the life of the order, if the order or BPA was awarded on or before 23 October 2019. The short answer is yes, as long as the order was issued prior to the 23 October Deviation expiration date. However, if the BPA was awarded prior to then, and subsequent award terms were awarded after 23 October, those subsequent award terms may not use the deviation.

Wondering if you are grandfathered in and still able to take advantage of the FAR 51 Deviation Authority? Give us a call.

OLMs in Your MAS … Finally!

In an effort to create consistency between the Multiple Award Schedule (MAS) and other IDIQ contracts, GSA has incorporated Order Level Materials (OLMs) into the Schedules through a final General Services Acquisition Regulation (GSAR). This change gives agencies flexibility, which should ultimately result in more consistency. (GSA Interact February 12, 2019)

The GSA Federal Acquisition Service (FAS), Integrated Workplace Acquisition Center (IWAC) plans to refresh the following Schedule solicitations in early Spring 2019 to implement the OLM authority:

  • 36 Office, Imaging, and Document Solutions
  • 58 I Professional Audio/Video Telemetry/Tracking, Recording/Reproducing and Signal Data Solutions
  • 78 Sports, Promotional Outdoor, Recreation, Trophies, and Signs (Sports)
  • 72 Furnishing and Floor Coverings
  • 71 II K Comprehensive Furniture Management Services (CFMS) (ibid)

GSA will issue a bilateral mod to incorporate the planned changes into existing contracts. Contractors may accept the modification, as it will be optional. MAS contractors must either accept or decline the mass mod within 30 days of receipt. After acceptance, OLM SIN and OLM terms and conditions will automatically be added to existing contracts. If contractors do not accept the modification, they may not provide OLMs in response to customer requirements. (GSA Interact February 12, 2019)

If you’re having trouble deciding about whether to accept the mass mod, give us a call at 301-913-5000, and we’ll talk it out with you.