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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: July 5, 2000

FROM: Barry McVay, CPCM

SUBJECT: General Services Administration Acquisition Regulation (GSAR); Miscellaneous Amendments

SOURCE: Federal Register; July 5, 2000, Vol. 65, No. 129, page 41378

AGENCIES: Office of Acquisition Policy, General Services Administration (GSA)

ACTION: Final Rule

SYNOPSIS: GSA is revising GSAR Part 1825, Foreign Acquisition, to bring it into conformance with the reorganization and rewrite of Federal Acquisition Regulation (FAR) Part 25 contained in Federal Acquisition Circular (FAC) 97-15. In addition, this final rule deletes a provision for brand name or equal purchase descriptions now covered by a FAR provision, adds a clause to notify contractors of payment information available electronically, and clarifies that certain provisions and clauses for building services contracts do not apply to contract actions made under the Javits-Wagner-O'Day (JWOD) Act.

EDITOR'S NOTE: The GSAR is the shaded part of the GSA Acquisition Manual, which is available on the Internet at http://www.arnet.gov/GSAM/gsam.html.

For more on FAC 97-15, see the article in the January 2000 Federal Contracts Perspective "FAC 97-15 Addresses Foreign Acquisition, Contract Bundling, Award Fee Determinations."

Purchases under the JWOD program are covered in Federal Acquisition Regulation (FAR) Subpart 8.7, Acquisition from Nonprofit Agencies Employing People Who Are Blind or Severely Disabled. For more on recent proposed changes to the FAR pertaining to the JWOD Act, see the July 3, 2000, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Regulation (FAR); Javits-Wagner-O'Day (JWOD) Subcontract Preference Under Service Contracts."

EFFECTIVE DATE: July 24, 2000.

FOR FURTHER INFORMATION CONTACT: Gloria Sochon, GSA Acquisition Policy Division, 202-208-6726.

SUPPLEMENTAL INFORMATION: On December 27, 1999, FAC 97-15 was published, and it reorganized and rewrote FAR Part 25. FAR 1.303, Publication and Codification, states that "coverage in an agency acquisition regulation that implements a specific part, subpart, section, or subsection of the FAR shall be numbered and titled to correspond to the appropriate FAR number and title." Therefore, GSAR Part 525 needed to be revised to conform with the reorganized FAR Part 25. To conform GSAR Part 525 to FAR Part 25, the following are removed:

Added to GSAR Part 525 are the following:

EDITOR'S NOTE: The issue addressed in the old GSAR Subpart 525.4, GSAR 252.225-8, and GSAR 252.225-9 (that is, the inconsistent treatment of U.S.-made end products with more than 50% foreign content under the Buy American Act and the Trade Agreements Act) is addressed in FAR 25.202, Application, which allows agencies to evaluate U.S.-made end products with more than 50% foreign content the same way. Also, GSAR Subpart 525.3, Balance of Payment Program, is unchanged because FAR Subpart 25.3 still addresses the Balance of Payment program.

Also, this final rule makes the following additional changes:

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

Copyright 2000 by Panoptic Enterprises. All Rights Reserved.

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