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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: May 18, 2004

SUBJECT: General Services Administration Acquisition Regulation (GSAR) Amendment 2004-01; Acquisition of Information Technology by State and Local Governments Through Federal Supply Schedules

SOURCE: Federal Register, May 18, 2004, Vol. 69, No. 96, page 28603

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

ACTION: Final Rule

SYNOPSIS: GSA is finalizing, with changes, the interim rule that added GSAR Subpart 538.70, Cooperative Purchasing, and made other related changes to the GSAR to implement Section 211 of the E-Government Act of 2002 (Public Law 107-347), which authorizes GSA to permit state and local governments to use its Federal Supply Schedules for "automated data processing equipment (including firmware), software, supplies, support equipment, and services (as contained in Federal Supply Classification Code Group 70)."

EDITOR'S NOTE: For more on the interim rule, see the May 7, 2003, FEDERAL CONTRACTS DISPATCH "General Services Administration Acquisition Regulation (GSAR); Acquisition of Information Technology by State and Local Governments Through Federal Supply Schedules."

For more on the preceding proposed rule, see the January 23, 2003, FEDERAL CONTRACTS DISPATCH "General Services Administration Acquisition Regulation (GSAR); Acquisition of Information Technology by State and Local Governments Through Federal Supply Schedules."

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

EFFECTIVE DATE: May 18, 2004.

FOR FURTHER INFORMATION CONTACT: Linda Nelson, 202-501-1900.

SUPPLEMENTAL INFORMATION: Section 211 of the E-Government Act of 2002 amends the Federal Property and Administrative Services Act to allow the GSA Administrator to authorize "cooperative purchasing" to permit state, local, regional, or tribal governments to acquire automated data processing equipment (including firmware), software, supplies, support equipment, and services from Federal Supply Schedule Group 70, General Purpose Commercial Information Technology Equipment, Software, and Services.

On January 23, 2003, GSA published a proposed rule to establish a new GSAR Subpart 538.70 and associated clauses to address cooperative purchasing from supply schedules by eligible non-federal organizations. Based on comments received regarding the proposed rule, GSA decided to issue an interim rule with substantive changes and a request additional comments.

GSA received comments from four respondents, and based on those comments, GSA has decided to adopt the interim rule as final with minor changes.

The following are the primary differences between the interim and final rules:

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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