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March 25, 2010

Information Technology Government Council ITIGC Quarterly Meeting Policy Update Mark J. Lee Policy Chief, MAS Program Office. March 25, 2010. FAR Part 51 Deviation. Class Deviation granted on Oct. 8, 2009 and is effective for five years

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March 25, 2010

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  1. Information Technology Government CouncilITIGC Quarterly MeetingPolicy UpdateMark J. LeePolicy Chief, MAS Program Office March 25, 2010

  2. FAR Part 51 Deviation • 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

  3. FAR Part 51 Deviation - Continued • 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

  4. Contracts Online – Phase II • 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

  5. E-Verify General Applicability • 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.

  6. E-Verify Implementation Across the Schedules Program • 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

  7. Service Contract Act • 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

  8. Counterfeit IT Products • 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?

  9. 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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