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Federal Contracting

Mass Modification to Incorporate OLMs

Order-Level Materials Now Featured on Schedules

Image result for OLM gsa

The new GSAR incorporating OLMs into the Multiple Award Schedule program should simplify buying and selling procurement solutions through MAS.

Quick Recap: OLMs, or Order-Level Materials are supplies or services. Agencies acquire OLMs in direct support of a task or a delivery order on an existing Schedule contract or BPA. Types, quantities, and prices of OLMs are not known or established when contracts and BPAs are awarded.

What’s New: This authority adds flexibility to existing Schedules programs on other commercial IDIQ vehicles. It also saves time and money, decreases the number of new contracts, and decreases barriers posed by unanticipated needs.

Opting-in: To start providing OLMs, partners need to accept a mass modification which adds the terms and conditions to current contracts and verify subscriptions to the MAS Interact Group. When contractors opt in, they can compete for more orders and reduce additional bid and proposal costs.

The removal of some barriers to entry into the federal marketplace means that small business are better able to compete for orders.

As always, if you have questions, feel free to contact us at 301-913-5000 or admin@ezgsa.com

Ride the On-Ramp to OASIS

GSA to add On-Ramps to OASIS unrestricted pools

On May 9, GSA announced plans to add vendors to two underused OASIS pools: pool two for financial services, and pool six for aircraft R&D.

OASIS, a set of 10-year government wide multiple-award-contracts, totals $60 billion for knowledge-based services such as management and consulting services. GSA plans to make 15 contract awards for pool two, and two contract awards for pool six. A final RFP should be released by May 31, after which vendors will have 30 days to submit proposals.

Since fiscal year 2015, most contract holders on most pools haven’t won many orders. GSA is currently focusing on the pools with the lowest spending levels. Contractors considering a bid should assess themselves against the self-scoring evaluation in the original solicitation. There are currently no minimum scores for the pools on the table.

 

Office Relocation SIN Relocating!

Are you a Schedule 48, SIN 653-8 contractor? This office relocation area of the Transportation, Delivery, and Relocation Schedule is disappearing into the ether, and soon. GSA has decided to consolidate two very similar SINs under two different schedules.

  • If you also have a Schedule 71 IIK contract, SIN 712-3, you are golden and don’t have much to worry about — your services are already covered under the other contract; GSA will simply cancel your Schedule 48 SIN (or the entire Schedule if 653-8 is your only SIN).
  • For those with only the single 653-8 SIN on Schedule 48, GSA will move your services onto SIN 712-3. Typical government-ese bureaucratic work will be involved, but it’s not too egregious.
  • For those who have additional SINs on Schedule 48, you have a choice of deleting the relocating SIN and keeping your Schedule, as well as applying for the 71 IIK SIN after 1 July; OR delete the other Schedule 48 SINs, canceling the contract and transitioning to 71 IIK and then re-applying through streamline for Schedule 48.

Whew. Confusing, right? Fear not, we are here to help. Give us a call at 301-913-5000, and we’ll get you through it!

Say it ain’t so SAM…

So yes, GSA’s SAM (the System for Award Management) is as vulnerable to hacking and fraud as any other database, and now we have the proof. Apparently the Inspector General’s office has found that payments purportedly sent by the government never arrived at their intended contractors’ offices and instead were sent to a third party. Reason being that someone went in and changed the address. Hackers hackers everywhere.

GSA has contacted some contractors, but it is likely that more fraud is out there. We suggest you check your SAM to ensure your address and DUNS number are correct. If you see inconsistencies, contact your Contracting Officer and the Federal Service Desk (866-606-8220) immediately. If there has been fraud associated with your SAM registration, you will need to go through the usual rigamarole to prove that you are you, including notarizing a letter, etc.

For more information, contact us here at EZGSA (301-913-5000) or go to the active GSA page.

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.