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Tag: FAR

INFORMation

At the beginning of fiscal year 2019, GSA implemented the enhanced post-award feedback pilot. GSA has termed this pilot the In-Depth Feedback through Open Reporting Methods or INFORM. (GSABLOG under Acquisition) INFORM allows  offerers to improve upon a proposal or even to see why they were not awarded a contract.

A customized evaluation statement, an opportunity for an in-person oral feedback meeting with the GSA evaluation team, and the option to submit follow up questions are offered under the INFORM pilot. GSA hopes this will help offerers see that the playing field is leveled and everyone is treated fairly during the procurement process. (ibid) This transparency should also cut down on post-award protests.

We are waiting to hear which 50 competitive acquisitions are being tested. So far we know that they will be of varying dollar thresholds, categories, and business size. Moreover, according to GSA, the test group is a representative sample of GSA acquisitions with two Federal Acquisition Service and two Public Building Service actions from each of the 11 GSA Regions and Central Office. The pilot will end with the fiscal year or upon the final procurement award, whichever occurs first. GSA will publish an analysis of the pilot findings. (GSABLOG under Acquisition)

Has your company been contacted by GSA asking for feedback on INFORM? Do you have questions you’d like answered before taking part? Give us a call at 301-913-5000.

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.