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I was very surprised to learn today that, apparently, it's not uncommon practice for ordering agencies to include FAR 52.212-4 in their GSA FSS orders when the base contract already includes GSAM 552.212-4. I'm told that even the DoD Procurement Management Review looks to ensure the former clause is included in these situations. I think this is a mistake. GSAM 552.212-4 is an authorized deviation to FAR 52.212-4 that flows down to the order. By including FAR 52.212-4 as well, we are introducing conflicting terms.

Do other practitioners see this practice as well?

Does anyone disagree with my position?

 

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@FrankJonI disagree with you. 

GSAM 552.212-4 (FEB 2018) replaces two paragraphs of FAR 52.212-4 and adds one paragraph, but does not present a new clause in its entirety. See the preface at GSAM 552.212-4:

Quote

As prescribed in 512.301(e), replace subparagraph (g)(2), paragraph (s), and paragraph (u) of FAR clause 52.212-4. Also, add paragraph (w) to FAR clause 52.212-4[.]

So you need FAR 52.212-4 in the contract, as well as GSAM 552.212-4. The problem  is with the instructions in GSAM 552.212-4, which are inconsistent with FAR. Those instructions explain what GSAM 552.212-4 does, and tells COs to replace and add the designated paragraphs, but the GSAM presents the changes in the form of a separate clause, when what it should do is tell the CO to tailor 52.212-4 in accordance with FAR 12.302 and follow the instructions in FAR 52.252-6.

See also GSAM 512.301(e).

Why people add clauses to orders is a mystery to me, but it seems to be common practice. Maybe GSA FSS contracts do not include 52.212-4.

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2 hours ago, Vern Edwards said:

@FrankJonI disagree with you. 

GSAM 552.212-4 (FEB 2018) replaces two paragraphs of FAR 52.212-4 and adds one paragraph, but does not present a new clause in its entirety. See the preface at GSAM 552.212-4:

So you need FAR 52.212-4 in the contract, as well as GSAM 552.212-4. The problem  is with the instructions in GSAM 552.212-4, which are inconsistent with FAR. Those instructions explain what GSAM 552.212-4 does, and tells COs to replace and add the designated paragraphs, but the GSAM presents the changes in the form of a separate clause, when what it should do is tell the CO to tailor 52.212-4 in accordance with FAR 12.302 and follow the instructions in FAR 52.252-6.

See also GSAM 512.301(e).

Why people add clauses to orders is a mystery to me, but it seems to be common practice. Maybe GSA FSS contracts do not include 52.212-4.

Vern - It appears GSA’s practice is to include the full text of 52.212-4 in the contract with the deviated text replacing standard text. They label the whole thing as 552.212-4.

FAR 52.212-4 is not cited. 

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@FrankJon

13 hours ago, FrankJon said:

It appears GSA’s practice is to include the full text of 52.212-4 in the contract with the deviated text replacing standard text. They label the whole thing as 552.212-4.

Well, okay. If that is the case, then inserting FAR 52.212-4 in an FSS order is inappropriate. However, putting the FAR deviation text in the FSS contract and labeling it as "552.212-4" is still not consistent with the instructions in FAR 52.252-6.

Let chaos reign!

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  • 5 months later...

Hello, @FrankJon I'm a gov contractor doing a story (for publication on DAU.edu) on DAU's new CDRL (job aid) tool...given all your comments I see here about CDRL and (less than helpful?) guidance provided in  52.212-4, would you care to comment on DAU's short, 7-step guide tool? (here's link, please note it's in preproduction at present so a few edits are still being made):      If so, would you contact me directly at: Tami.Lewiski@dau.edu. 

Thx very much,

--Tami.

p.s., anyone else in this forum who may see this post, please feel free to reach out as well. I'm also on deadline...so sooner rather than later is appreciated! :-)

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5 hours ago, Tami said:

Thx for trying...I'll do the same...here's link to DAU's new CDRL tool (again, a few bugs still, so please if you're inclined, comment only on the content/navigation of help provided for completing a CDRL form:  https://www.dau.edu/tools/Pages/CDRL.aspx

The step-by-step instructions for completing the CDRL are very good. Nice work.

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Thanks, Don...might I use your comment for attribution in the story? If so, I would need to cite your name...but would be better to also categorize your involvement/title w/ acquisitions...are you military? active? retired? etc.? Always best to provide some context... thx kindly for you response. --Tami.

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5 minutes ago, Tami said:

Thanks, Don...might I use your comment for attribution in the story? If so, I would need to cite your name...but would be better to also categorize your involvement/title w/ acquisitions...are you military? active? retired? etc.? Always best to provide some context... thx kindly for you response. --Tami.

"Exiled DAU Professor" is probably the most accurate title.

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