Jump to content
The Wifcon Forums and Blogs

Recommended Posts

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 post
Share on other sites

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 post
Share on other sites

@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 post
Share on other sites
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 post
Share on other sites

@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 post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...