FrankJon Posted April 9, 2021 Report Share Posted April 9, 2021 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? Link to comment Share on other sites More sharing options...
ji20874 Posted April 9, 2021 Report Share Posted April 9, 2021 I agree that adding the clause at FAR 52.212-4 to task and delivery orders is a poor practice, whether orders against schedule contracts or other indefinite delivery contracts. Link to comment Share on other sites More sharing options...
Vern Edwards Posted April 9, 2021 Report Share Posted April 9, 2021 @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. Link to comment Share on other sites More sharing options...
FrankJon Posted April 9, 2021 Author Report Share Posted April 9, 2021 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. Link to comment Share on other sites More sharing options...
Vern Edwards Posted April 9, 2021 Report Share Posted April 9, 2021 @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! Link to comment Share on other sites More sharing options...
FrankJon Posted April 9, 2021 Author Report Share Posted April 9, 2021 8 minutes ago, Vern Edwards said: Let chaos reign! The name of the game, sir. Link to comment Share on other sites More sharing options...
Tami Posted September 22, 2021 Report Share Posted September 22, 2021 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! :-) Link to comment Share on other sites More sharing options...
formerfed Posted September 23, 2021 Report Share Posted September 23, 2021 Tami, Your link doesn’t show up here Link to comment Share on other sites More sharing options...
Tami Posted September 23, 2021 Report Share Posted September 23, 2021 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 Link to comment Share on other sites More sharing options...
Don Mansfield Posted September 23, 2021 Report Share Posted September 23, 2021 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. Link to comment Share on other sites More sharing options...
Tami Posted September 23, 2021 Report Share Posted September 23, 2021 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. Link to comment Share on other sites More sharing options...
Don Mansfield Posted September 23, 2021 Report Share Posted September 23, 2021 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. Link to comment Share on other sites More sharing options...
Tami Posted September 23, 2021 Report Share Posted September 23, 2021 ha! Good enough. 🙂 Link to comment Share on other sites More sharing options...
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