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FAR 52.222-37 Employment reports on Veterans


Barbee

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FAR 52.222-37 states that the contractor shall report at least annually, as required by DOL, the total number of employees in their workforce and submt the information to VETS-100A. I am administering a task order under the GSA schedule in which clauses 52.222-35, 52.222-36 and 52.222-37 are part of the basic contract. I am exercising the option period of my task order and requested from my contractor to verify this information. My policy officer states that this does not apply to GSA because GSA schedules are considered commercial contracts and this clause does not apply to commerical contracts. Why would GSA include these clauses in the award.

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FAR 52.222-37 states that the contractor shall report at least annually, as required by DOL, the total number of employees in their workforce and submt the information to VETS-100A. I am administering a task order under the GSA schedule in which clauses 52.222-35, 52.222-36 and 52.222-37 are part of the basic contract. I am exercising the option period of my task order and requested from my contractor to verify this information. My policy officer states that this does not apply to GSA because GSA schedules are considered commercial contracts and this clause does not apply to commerical contracts. Why would GSA include these clauses in the award.

I'm reasonably certain that all Schedules have 52.222-37 in at the contract level.

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One simple answer is, as you have done, RTFC (read the f-f-full contract). If a clause is in the contract, the parties have agreed to be bound by it, regardless of whether it might not have been prescribed, in my experience. Others may have different or better experience, but I am a four corners of the contract kind of person.

A practical answer might be to simply check the VETS-100 website and print a page for the file, but last I looked, their website was down for maintenance, and the only way to check was call or email, if memory serves. That is contrary to, and goes back to, a very old and basic principle: If there is an administrative burden around, flow it down to your contractor (or sub, as applicable). But sometimes you do what you have to do to fill all the squares so you have a complete and pretty file.

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One simple answer is, as you have done, RTFC (read the f-f-full contract). If a clause is in the contract, the parties have agreed to be bound by it, regardless of whether it might not have been prescribed, in my experience. Others may have different or better experience, but I am a four corners of the contract kind of person.

A practical answer might be to simply check the VETS-100 website and print a page for the file, but last I looked, their website was down for maintenance, and the only way to check was call or email, if memory serves. That is contrary to, and goes back to, a very old and basic principle: If there is an administrative burden around, flow it down to your contractor (or sub, as applicable). But sometimes you do what you have to do to fill all the squares so you have a complete and pretty file.

Charlie, in regard to your being a "four corners of the contract kind of person," what would your position be if an 8(a) set aside contract contained a CAS clause, or a contract for commercial items contained the clause at FAR 52.215-2?

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Charlie, in regard to your being a "four corners of the contract kind of person," what would your position be if an 8(a) set aside contract contained a CAS clause, or a contract for commercial items contained the clause at FAR 52.215-2?

I would have asked the question during the solicitation phase. I've done it before for clauses that should not be in an RFP, and succeeded and fishing out an amendment that deletes the offending clause.

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...and requested from my contractor to verify this information. My policy officer states that this does not apply to GSA because GSA schedules are considered commercial contracts and this clause does not apply to commerical contracts. Why would GSA include these clauses in the award.

I recommend having your policy officer explain why those clauses are in 52.212-5.

Also, why would you ask the contractor to verify that type of clause information? That is the GSA contracting officer's responsibility.

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