Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH
DATE: March 29, 2005
SUBJECT: General Services Administration Acquisition Regulation (GSAR); Deviations
SOURCE: Federal Register, March 29, 2005, Vol. 70, No. 59, page 15779
AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)
ACTION: Final Rule
ACTION: GSA is amending GSAR Subpart 501.4, Deviations from the FAR (Federal Acquisition Regulation), to revise procedures for obtaining deviations, clarify the term “class deviation,” and clarify the term “contract action.”
EDITOR'S NOTE: The GSAR is the shaded part of the GSA Acquisition Manual (GSAM), which is available on the Internet at http://www.acqnet.gov/GSAM/gsam.html.
EFFECTIVE DATE: March 29, 2005.
FOR FURTHER INFORMATION CONTACT: Ernest Woodson, at 202-501-3775.
SUPPLEMENTAL INFORMATION: FAR Subpart 1.4, Deviations from the FAR, prescribes policies and procedures for authorizing deviations from the FAR when necessary to meet the specific needs and requirements of an agency unless precluded by law, executive order, or regulation. FAR 1.402, Policy, states, “The development and testing of new techniques and methods of acquisition should not be stifled simply because such action would require a FAR deviation provides that the development and testing of new techniques and methods of acquisition should not be stifled simply because such actions would require a FAR deviation.” However, GSA deviations to the FAR and the GSAR have raised questions indicating the need to increase the involvement of the Office of the Chief Acquisition Officer. Therefore, this final rule makes the following changes to GSAR Subpart 501.4:
- GSAR 501.403, Individual Deviations, is amended to require that a copy of each individual FAR or GSAR deviation, executed by the Head of the Contracting Activity (HCA), be forwarded to GSA’s senior procurement executive (SPE).
- GSAR 501.404, Class Deviations, is amended to require that each class FAR or GSAR deviation be forwarded by the HCA to the SPE for approval. In addition, the term “class deviation” is amended to clarify that “A class deviation affects more than one contract action. A deviation for any solicitation that will result in multiple awards or any solicitation under the multiple award Federal Supply Schedule program is considered to be a class deviation. Each award under such a solicitation is considered an individual contract action.”
- GSAR 501.404-70, Contract Action, is added. It clarifies that “a contract action, for the purpose of determining whether an individual or class deviation is appropriate, has the same meaning as that used for reporting contract actions to Federal Procurement Data System -- Next Generation (FPDS-NG). A contract action includes, but is not limited to, any of the following: (a) initial letter contract; (b) definitive contract superseding letter contract; (c) new definitive contract; (d) purchase order/BPA [blanket purchase agreement] calls using simplified acquisition procedures; (e) orders under single award indefinite delivery contracts; (f) Orders under BOA [basic ordering agreement]; (g) order/modification under federal schedule contract; (h) modification; (i) termination for default; (j) termination for convenience; (k) order under multiple award contract; (l) initial load of federal schedule contract.”
- GSAR 501.404-71, Deviations to the Nonregulatory GSAM, is added. It directs that individual and class deviations to the nonregulatory (unshaded) part of the GSAM be handled as stated in GSAR 501.403 and GSAR 501.404, as appropriate.
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953.
Copyright 2005 by Panoptic Enterprises. All Rights Reserved.
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