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dmuir

Changes clause in Schedule

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I am reviewing our 899 and MOBIS Schedule contracts and if I am reading the "Regulations incorporated by reference" correctly, then

NONE of the following clauses are incorporated at the Schedule level:

52.233-1 Disputes

52.249 14 Excusable Delays

52.243 Changes

Am I missing something?

If the govt shuts down due to lack of funding March 4, at the very least we may need a no-cost extension to complete the work (our work involves coordination with Federal employees who wouldn't be there if the govt shuts down).

Any ideas for how to justify such a modification? Thank you.

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I am reviewing our 899 and MOBIS Schedule contracts and if I am reading the "Regulations incorporated by reference" correctly, then

NONE of the following clauses are incorporated at the Schedule level:

52.233-1 Disputes

52.249 14 Excusable Delays

52.243 Changes

Am I missing something?

If the govt shuts down due to lack of funding March 4, at the very least we may need a no-cost extension to complete the work (our work involves coordination with Federal employees who wouldn't be there if the govt shuts down).

Any ideas for how to justify such a modification? Thank you.

Wanted to add that The ONLY applicable clause I find is 52.242-15 Stop Work. But what if they don't officially issue a stop work?

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Does the contract include FAR 52.212-4?

Unfortunately, no.

One of our Task Orders does include 52.241-17 Govt delay of work, but it seems to be the exception.

best regards, D

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Unfortunately, no.

One of our Task Orders does include 52.241-17 Govt delay of work, but it seems to be the exception.

best regards, D

I just looked at the current solicitation for MOBIS. See it here: https://www.fbo.gov/index?s=opportunity&amp...re&_cview=1.

You will find 52.212-4 in it along with a number of other provisions and clauses. See page iii for 52.212-4.

I am surprised that it is not in your version of the MOBIS contract.

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Guest carl r culham

dmuir - By my read I found the following...

52.233-1 Disputes - Is most likely in the contract at the "Schedule Level". I say this noting that you must look at the particular contractor's Schedule contract. See more below.

52.249 14 Excusable Delays - Not in.

52.243 Changes - Not in.

But 52.212-4 is most likely in.

For you and others following this thread.

Go here first - http://www.gsaelibrary.gsa.gov/ElibMain/co...eduleNumber=874

Then for a specific contractor found on this list click on the word "View" that immeidately follows the contractor's name. Note this column has the heading "clauses" and presto you have the clauses that are applicable from the current "Schedule" that applies to the particular contractors individual contract.

PS - Clearly an essay question that needs to be included in a future CO Warrant test!

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One of our Task Orders does include 52.241-17 Govt delay of work, but it seems to be the exception.

best regards, D

Most clauses governing your task order will be found in the underlying contract, not in the task order. Remember, a contract incorporates the clauses contained in the solicitation signed by the contractor and accepted by the contracting officer. Look in the contract document.

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Thank you. Of course, 52.212-4 CONTRACT TERMS AND CONDITION--COMMERCIAL ITEMS (MAR 2009) (ALTERNATE I - OCT 2008) (DEVIATION I - FEB 2007) is in our Schedules. I was checking the "Regulations Incorporated by Reference" section, but it is in the main body so I didn't see it. B) And wasn't thinking Commercial Items contained anything about excusable delays because I was thinking it was just a list of required flowdowns for subs.

Thank you again!

D

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The following question has nothing to do with the Government shut down.

I believe it is a common practice that when we issue a Request for Quotation (RFQ) for a proposed delivery/task order to be issued against a GSA schedule contract, it is not needed to incorporate clauses that are already included at the GSA Schedule contract level. Are there any rules that prohibit us from incorporating an updated version of the clause that is already in the contract level? For example, when schedule contracts contain FAR 52.212-4 (MAR 2009), can we incorporate FAR 52.212-4 (JUN 2010) at the delivery/task order level?

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Guest Vern Edwards

See GSA's Multiple Award Schedules Desk Reference, http://blogs.gsa.gov/blogs/servicesorderin...09-endnotes.pdf, page 28, under the heading, "Understanding Terms and Conditions":

The GSA Schedules program is designed to assist government customers in achieving their goals. The terms and conditions, including all clauses, are available for viewing for each Schedule through Schedules eLibrary. While GSA will not alter the terms and conditions of a Schedule contract in violation of CICA, nor alter the scope of a contract to meet an individual ordering activity?s unique needs, an ordering activity may add terms to an order that do not conflict with the Schedule contract terms and conditions.

See also GSA's blog, "Adding Provisions/Clauses to RFQs," http://blogs.gsa.gov/blogs/servicesorderin...t&comments:

3. Nothing in the FAR or in the Schedule contract prohibits ordering agencies from adding non-conflicting clauses from the FAR or from their agency FAR Supplements. In fact, the MAS Desk Reference states:

- [page 28, top] "While GSA will not alter the terms and conditions of a Schedule contract in violation of CICA, nor alter the scope of a contract to meet an individual ordering activity's unique needs, an ordering activity may add terms to an order that do not conflict with the Schedule contract terms and conditions."

- [page 39, middle], ensure the following information is included in the order's RFQ] "Other pertinent information - such as agency-specific provisions and clauses that do not conflict with the Schedule contract clauses."

- [page 41, top] "Any additional requirements included in a Schedule order must not conflict with the scope of the Schedule contract. Remember, orders must be for commercial items or services with the purview of Part 12, not just within the scope of a particular Schedule contract, to remain within scope."

The blog entry is very comprehensive and worth reading. It gives examples of "non-conflicting" clauses. I assume that it is authoritative, since it is sponsored by GSA. The impression that I get from reading it and the MAS desk reference is that schedule contracts have almost no contractual integrity, because each ordering agency can put almost anything in an order. However, my conclusion is that since an updated version of a clause that is in a schedule contract would conflict with the clause in the contract, you may not "update" clauses that are in a schedule contract.

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Vern, your conclusion makes sense. Thank you so much for your response and information. I agree that both GSA blog and MAS Desk Reference are worth reading. I have another question regarding MAS Desk Preference (specifically regarding page 15, the first paragraph talking about the EEO clearance), but that is irrelevant to this thread topic, so I will refrain from adding the question here.

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