TIGC 03252010 AcqMgt by BNajKk

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									                                   U.S. General Services Administration




  Federal Acquisition Service

Information Technology Government Council
ITIGC Quarterly Meeting

Policy Update
Mark J. Lee
Policy Chief, MAS Program Office

  March 25, 2010
      FAR Part 51 Deviation
Federal Acquisition Service

  Class Deviation granted on Oct. 8, 2009 and is effective for five years

  Deviation allows Federal government contracting officers to authorize
   a GSA contractor to purchase supplies and services from the
   Schedules Program and GSA Global Supply

  This authority is limited to order (s):

      Placed on a time-and-materials or labor hour basis

      For ancillary supplies/services that are in support of the overall
      order

      Issued in accordance with the procedures in FAR 8.405-1,
      Ordering Procedures for Supplies, and Services Not Requiring a
      Statement of Work

      Placed by the federal government
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    FAR Part 51 Deviation - Continued
Federal Acquisition Service


FAS Implementation of FAR Part 51 Deviation Authority
   – New Schedule Contract Clause
   – Note added to GSAR clause 552.238-75 alt 1
   – Update to gsa.gov/schedules
   – FAR Part 51 Deviation Ordering Guide
   – Expo training for customers and industry
   – Inclusive into overall customer facing training courses being developed




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    Contracts Online – Phase II
Federal Acquisition Service


Phase II will capture and display on a contract-by-contract basis in GSA e-
 Library award exceptions to standard contract clauses

Why is FAS implementing this change?
   – Facilitates customer agencies maximizing effective use of the Schedules
     Program
   – Support’s Administration goals of transparency and open government

MAS Program-wide Implementation
   – All FAS Schedule solicitations will be refreshed through the Solicitation
     Writing System (SWS) by April 5, 2010
   – Capturing exceptions with submission and award of offers and
     modifications
   – Baseline mass modifications scheduled to be issued on April 20th

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    E-Verify General Applicability
Federal Acquisition Service


FAR Case 2007-013 requires federal contractors and subcontractors to
 use the E-Verify system as of September 8, 2009 to:
   Verify employment eligibility of federal contractors’ current employees
    who are assigned to work on a federal contract within the U.S.

FAR clause 52.222-54, Employment Eligibility Verification all solicitations
 and contractors that exceed the SAT, except those that:
   – Performance outside the U.S.;
   – Less than 120 days period of performance; and
   – Are only for: Commercially available off-the-shelf (COTS) items (or minor
     modifications to a COTS item) and related services.




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    E-Verify Implementation Across the Schedules Program
Federal Acquisition Service


Applies at the solicitation level to all unless:
   – Contracting Director determines exception applies (see FAR 22.1802);
     or
   – HCA has waives the requirement.

Contracts Online baseline mass modification with include FAR clause
 52.222-54, Employment Eligibility Verification
   – Contractor may request individual exemptions from E-Verify clause
   – PCO will review and determine applicability of the clause




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    Service Contract Act
Federal Acquisition Service


Program-wide SCA team has been established and is being lead by VA
 Schedules Program

Goal is to have clear roles and responsibilities between GSA, DOL,
 ordering activities, and industry partners in application of SCA across the
 Schedules Program

Team reviewed existing variation in application of the SCA across the
 Schedules Program

Begun crafting consistent approach and engaging key stakeholders for
 feedback




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    Counterfeit IT Products
Federal Acquisition Service

FAR Case 2008-019, Authentic IT Products issued an announcement for
 proposed rulemaking

The Case defines IT Products to include hardware and software

Councils solicited feedback on:
 – Ways to develop greater assurance around IT products
 – Impact of counterfeit IT products on matters of performance and security
 – Contractor liability and consequential damages
 – Competition aspects of procuring IT products from the original
   manufacturer or authorized distributors
 – Viable means of representing authenticity of IT Products
 – Contract supply chain risk management requirements as an evaluation
   factor in the procurement IT products

Council thoughts?
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Federal Acquisition Service


                               Mark Lee
                  Policy Chief, MAS Program Office
                  Office of Acquisition Management
                     Federal Acquisition Service
                              mark.lee@gsa.gov

                                703.605.2572




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