2._Program_Discussion_(Commercial_Platforms).pdf

Commercial Platforms Initiative

REQUEST FOR INFORMATION

Program Update

December 2018

Table of Contents

(1) Overview 1

(2) Background 2

(3) Objectives 2

(4) Program Requirements 3 (A.) Micro-purchase threshold limit 3 (B.) E-marketplace business model 3

(5) Program Requirements by Objective 4 (A.) Modernizing the commercial product buying experience. 4 i.) Account creation 4 ii.) Product Ratings and Vendor Reviews 4 iii.) Product Availability 4 iv.) Price Comparison and Documentation 5 v.) Order Processing, Status and Tracking 5 vi.) Invoicing 5 vii.) Customer Service 5 viii.) Returns and Refunds 5 ix.) Supplier onboarding 5

(B.) Simplifying and streamlining COTS item purchasing to allow agencies time to focus on mission-oriented acquisition 6 i.) Supplier identification 6 ii.) Terms Applicable to e-Marketplace Purchases by Government Users 7 iii.) Product attribute identification 7 iv.) Product filtering 8

(C.) Analyzing COTS item spend data to allow for better buying decisions. 8 i.) Spend Data and Analytics 8 ii.) Required Data Elements 8 iii.) Data Analytics Capabilities 9 iv.) Catalog Data Access and Analytics 9 v.) Restriction on Use of Data 9

(6) Pricing and Fee Considerations 9 (A.) Product Pricing and Price Related Terms and Conditions 9 (B.) Fee Remittance 9 (C.) Sales Tax Exemption 10

(7) Provisions and Clauses 10 (A.) Background 10 (B.) Provisions 10 (C.) Clauses 11

(1) Overview The purpose of this document is to share our current thinking and to solicit feedback regarding GSA’s requirements with respect to partnering with commercial e-commerce portals in support of Section 846 of the FY18 National Defense Authorization Act. GSA is asking for comments to be submitted by Dec 21, 2018 to Section846@gsa.gov.

(2) Background The National Defense Authorization Act (NDAA) for Fiscal Year 2018, Section 846 Procurement Through Commercial e-Commerce Portals, directs the Administrator of the General Services Administration (GSA) to establish a program to procure commercial products up to the simplified acquisition threshold (SAT) of $250K through partnerships with commercial e-marketplaces.

GSA is proposing a phased approach to the program, which would include a proof of concept beginning in late 2019 with purchasing thresholds under the existing micro-purchase threshold (MPT) of $10,000. This will enable GSA to test broad acquisition reform concepts in a more controlled and structured environment.

The proposed proof of concept meets the request of multiple stakeholders to move quickly in order to start realizing the benefits of commercial e-commerce technologies. Valuable lessons learned and data insights will be captured from the proof of concept and will provide an important foundation for further development of the program. GSA will use this information to manage and improve the program, With benefits of insights gained, GSA will be better positioned to consider rules and procedures above the micro-purchase threshold, in order to achieve a more simplified buying process for commercial items.

(3) Objectives The Commercial Platforms Initiative core objectives include:

➢➢ Modernizing the commercial product buying experience.

GSA intends to partner with commercial e-commerce providers to modernize the buying experience, by adopting attributes and features of today’s commercial platforms. This includes capabilities such as in-depth product content and product reviews to aid in market research; dynamic pricing and price comparisons to ensure competitive pricing; and order status and delivery tracking as part of the post-purchase process. By utilizing these existing capabilities and leveraging business-to-business (B2B) volume pricing and price related terms and conditions (e.g. delivery, warranty, etc.), GSA will be able to reduce the burden on the supplier base while also realizing cost savings to the buyer for the purchase of commercial items.

➢➢ Simplifying and streamlining commercial off the shelf (COTS) item purchasing to allow agencies time to focus on mission- oriented acquisition.

Commercial platforms offer capabilities and features that will further streamline how federal agencies buy commercial products. This will result in agencies being able to meet mission needs faster and easier, while also ensuring compliance with existing MPT rules. Additionally, GSA sees the opportunity to better manage and optimize the workload of the acquisition workforce through the use of commercial platforms. Partnerships with commercial platforms to streamline low-dollar purchases will enable contracting professionals more time to focus on complex, high dollar actions.

mailto:Section846@gsa.gov

➢➢ Analyzing COTS item spend data to allow for better buying decisions.

Access to more granular COTS item spend data will present new opportunities to manage buying decisions under the existing micro-purchase threshold of $10,000. Agencies will be able to use this spend data to gain additional insights into where that spend is going and more importantly, opportunities when it comes to socioeconomic, small business, and other purchasing groups.

(4) Program Requirements To achieve the benefits listed above, GSA plans to start with an initial proof of concept to begin testing these objectives in a low-risk environment. GSA intends to award to multiple commercial e-marketplaces in support of the Commercial Platforms initiative. The FY18 NDAA, Section 846 legislation defines ‘commercial e-commerce portal’ as the following:

“...commercial solution providing for the purchase of commercial products aggregated, distributed, sold, or manufactured via an online portal.”

GSA seeks commercial e-commerce portals, or e-marketplaces, that at a minimum offer:

● Wide breadth of product offerings and suppliers;

● Business-to-business (B2B) e-commerce capabilities;

● Product and supplier filters;

● Buyer reviews of products and suppliers;

● Mobile application for purchasing;

● Ability to accept GSA SmartPay Government Purchase Cards (GPCs);

● Shipment and tracking visibility;

● Strong customer service capabilities;

● Invoice visibility;

● Data, analytics and reporting tools;

● Access to catalog data and;

● Compliance with data usage restrictions set forth in Section 838 of the FY19 NDAA.

(A.) Micro-purchase threshold limit

GSA plans for the proof of concept to permit spend up to the limits of the MPT, which today is capped at $10,000 per order. (Technically the threshold increases to $20,000 per order in the case of a declared national emergency but GSA questions the value of addressing this feature at this time ). The e-marketplace providers will not accept any orders over the existing MPT limits as part of the proof of concept.

Limiting the proof of concept to the existing MPT threshold will:

- Offer GSA the opportunity to test the objectives listed in Section 3 without requiring e-marketplace providers to drastically change their commercial practices

- Give agencies access to granular (level 3) spend data for purchases via the platforms

- Provide GSA with additional supplier oversight and verification

- Offer access to transactional and product data to inform buying decisions

(B.) E-marketplace business model

The proof of concept will test the ‘e-marketplace’ model (first identified in our March 2018 report to Congress), which GSA defines as:

An online marketplace that connects buyers with the e-marketplace providers’ proprietary products and third-party vendors’ products, or in some cases only the latter. E-marketplace providers and third-party vendors are responsible for fulfilling orders for their respective products with some exceptions where the e-marketplace providers may complete order fulfillment for an extra fee.

GSA’s intent is to start with a lightweight model that is different from what is commonly in use today with Government e-commerce portals. GSA will learn from and adjust the e-marketplace model based on how buyers use and purchase on the commercial e-marketplaces. All offerors on this contract must propose how they meet the ‘e-marketplace’ model definition with their existing offerings, or how they will be able to meet these requirements at the time of contract award.

(5) Program Requirements by Objective In the section below, GSA has identified the following needed capabilities based on the objectives presented above.

(A.) Modernizing the commercial product buying experience.

GSA seeks e-marketplaces that offer a modern shopping environment that is regularly used in both consumer and B2B environments. This shall include capabilities and features commonly found on such platforms.

i.) Account creation

The account creation process shall reflect the Agency / Contracting Offices hierarchy identified in the Federal Procurement Data System (link). Additionally, e-marketplace providers will support the ability to create accounts on an ad-hoc basis, with the ability to later connect them to a master hierarchy.

Initially, GSA intends to partner with a subset of agencies to participate in the Proof of Concept, however GSA will not restrict agency participation that might occur on an ad-hoc basis.

Using the agency hierarchy, providers will ensure a robust workflow process between purchasers and approvers. Typical requirements would include review and approval of orders prior to placement, the ability to route orders to various approvers for review, receipt confirmation, and data to reconcile purchases.

ii.) Product Ratings and Vendor Reviews

The buying experience shall incorporate strong product content with accurate and detailed product descriptions, including reviews from those who have purchased those items, at both the product level and where possible, the supplier level. These product and supplier reviews will be available to prospective buyers for market research considerations. As part of its ordering procedures, GSA proposes to direct federal agencies not to post reviews until it resolves associated policy issues.

E-marketplace providers are not expected to restrict the ability to post reviews from a technical standpoint as this will be managed through the ordering guidelines GSA provides to buyers.

iii.) Product Availability

Buyers will be able to view product availability information on the e-marketplace platforms to inform their buying decision. This includes showing whether the product is in stock or, if out of stock when the https://www.fpds.gov/downloads/top_requests/FPDSNG_Contracting_Offices.xls product will available again. Additionally, if a product is available to be purchased in bulk, this should be clearly listed on the site, along with any associated quantity discounts that may apply.

iv.) Price Comparison and Documentation

The e-marketplace providers shall allow for price comparisons to occur at the product level and across suppliers. Additionally, buyers will be able to view and/or analyze real-time pricing of products, to include the price offered by 3rd party providers on the marketplace. The e-marketplace shall be capable of capturing documentation related to that comparison for later reference by the buyer.

v.) Order Processing, Status and Tracking

The e-marketplace providers shall limit orders to the Continental United States (CONUS), Alaska, Hawaii and U.S. Territories and will prohibit orders with delivery addresses outside of those locations.

Detailed visibility into order status will be a requirement of the e-marketplace platforms. Information related to order status should include current order processing, shipping and tracking information.

Should the product become unavailable or delayed, e-marketplace providers will immediately notify the buyers and offer alternative options for purchasing the item.

vi.) Invoicing

Buyers typically manage requests from multiple teams across several offices. In support of this, buyers need to easily manage their purchases, with the ability to quickly and efficiently reconcile their statements across their various program offices. E-marketplace providers will offer detailed invoices that will help aid in this process.

vii.) Customer Service

Providers will manage the customer service process on behalf of the items they supply and will act as a single touchpoint in support of the suppliers on their platform. This e-marketplace customer service experience will give buyers a consolidated source to inquire about purchase order status, returns, refunds, product information, and other customer issues and concerns.

viii.) Returns and Refunds

E-marketplace providers will be responsible for handling the return, exchange and / or refund process for customers and will act as a single point of contact for this activity in support of all transactions conducted on the offeror’s platform, to include for 3rd party suppliers. Return timeframes will be in accordance with the e-marketplace providers’ commercial practices and shall be prominently posted on the platform.

ix.) Supplier onboarding

Competition is an important aspect of today’s e-marketplace offerings, with many suppliers competing across a wide array of products. In support of this, e-marketplace offerings will be open to accepting new suppliers that meet the 3rd party supplier requirements. E-marketplace providers shall be transparent in their approach to supplier management, to include posting their prerequisites in order to become a supplier, making available the onboarding requirements and providing detailed information regarding supplier fee structures. To assist in managing supply chain risks, e-marketplace providers will conduct initial due diligence checks to ensure suppliers represent legitimate businesses.

(B.) Simplifying and streamlining COTS item purchasing to allow agencies time to focus on mission-oriented acquisition

E-marketplaces offer capabilities that will give buyers the ability to quickly and easily purchase a wide range of products. Fewer acquisition rules apply under the MPT and e-marketplaces offer additional business process streamlining opportunities to the Government. For example, use of the card enables front-line personnel to quickly acquire relatively inexpensive items necessary to support efficient mission delivery while enabling contracting offices to focus on complex, higher-value work which best leverages their experience and training.

To help facilitate this shift of work, the following enabling capabilities are needed:

i.) Supplier identification

Supplier identification is a critical component of MPT compliance. Under the MPT, buyers are required to purchase items from mandatory sources such as:

a. Federal Prison Industries (FPI)

The Federal Prison Industries program (now operating under the trade name UNICOR) manages a set of Products (and Services) that are required to be purchased under $3,500.

E-marketplace providers shall identify for consideration the mandatory UNICOR items which can be found here. During the checkout process, buyers will be able to enter the rationale for purchasing a non-UNICOR; this information will stay with the order for later reference.

b. AbilityOne

The Committee for Purchase From People Who Are Blind or Severely Disabled administers the AbilityOne Program® and maintains a Procurement List of products and services that the 1

Government must purchase (see FAR 8.002 and 8.7). E-marketplace providers shall ensure the procurement list items are appropriately labelled on the platform for selection by a buyer. For most products offered under the AbilityOne Program, there is a commercial product that has been deemed equivalent in fit, form, and function, and is referred to as ‘Essentially The Same’ (ETS) items. When such an ETS item exists, e-marketplace providers shall provide a notification or ideally block purchase of that item and refer the buyer to the appropriate AbilityOne item.

c. Small Business

GSA is seeking to promote the use of small businesses through the program. If GSA is able to provide verified socio-economic data, then e-marketplace provides shall display the socioeconomic designations along with items on the marketplace to enable buyers to consider this information in their purchase decision. Buyers will be able to sort and filter on those designations for consideration as part of their purchase. GSA intends to require this supplier data be shared back to GSA as part of the spend data. GSA’s System for Award Management (SAM) is available for suppliers on the e-marketplaces to register as a small business and other socioeconomic categories.

d. Excluded Source Identification

1 https://www.abilityone.gov/procurement_list/product_list.html https://www.unicor.gov/SopAlphaList.aspx https://www.abilityone.gov/procurement_list/product_list.html

The e-marketplace providers shall not permit buyers to purchase from excluded suppliers and vendors listed in GSA’s System for Award Management (SAM). SAM provides an extract of excluded parties here.

Additionally, the provider shall prohibit purchase of prohibited items such as any hardware, software, or services developed or provided by Kaspersky Labs or any telecommunications or surveillance equipment and services as identified in Section 889 of the FY19 NDAA (e.g.

Huawei, ZTE, etc). There is potential for restrictions that will preclude purchase of additional items from other entities. If this happens, GSA will advise the e-marketplace providers of any such exclusions so that the appropriate restrictions can be implemented, without cost.

ii.) Terms Applicable to e-Marketplace Purchases by Government Users

FAR section 12.301(a) provides the criteria for clauses that may be included in the acquisition of commercial items:

(a) In accordance with 41 U.S.C. 3307, contracts for the acquisition of commercial items shall, to the maximum extent practicable, include only those clauses—

(1) Required to implement provisions of law or executive orders applicable to the acquisition of commercial items; or

(2) Determined to be consistent with customary commercial practice.

Although purchases under the micro-purchase threshold are subject to relatively few unique federal requirements, suppliers fulfilling orders through the e-marketplaces will be subject to certain FAR contract clauses. Accordingly, GSA has determined the clauses below will apply to orders under the micro-purchase threshold placed by the Government through the e-marketplaces. While these clauses are applicable to suppliers, GSA is seeking the e-marketplace provider’s assistance in applying these clauses to purchases:

● FAR 52.232-39, Unenforceability of Unauthorized Obligations

● FAR 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment

● FAR 52.223-14, Acquisition of EPEAT®-Registered Televisions

● FAR 52.223-15, Energy Efficiency in Energy-Consuming Products

● FAR 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products iii.) Product attribute identification

a. Environmentally-Friendly Products

The e-marketplace platforms will display the logo or identifier for common environmentally friendly products such as Electronic Product Environmental Assessment Tool (EPEAT®)-registered ENERGY STAR®, FEMP, and Bio-Based.

b. Country of Origin Identification

E-marketplace providers shall display a product’s Country of Origin so that buyers may consider that as part of their buying criteria.

https://www.sam.gov/SAM/pages/public/extracts/dataAccessExclusions.jsf https://www.congress.gov/bill/115th-congress/house-bill/5515/text#toc-H4350A53097BD46409287451A50C4F397 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1160005 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168933 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194330 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194323 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1179078 iv.) Product filtering

E-marketplace providers will offer the capability to filter on supplier and product attributes giving customers the ability to quickly find items and suppliers that fit their agency needs. Filtering should include areas such as product categories, pricing and manufacturer.

(C.) Analyzing COTS item spend data to allow for better buying decisions.

i.) Spend Data and Analytics

Access to agency spend data will give agencies unique insights into their purchases under the MPT.

GSA will require e-marketplace providers to remit spend data back to GSA. GSA will intake this data into a centralized database and make it available to agencies for their review and analysis.

Additionally, buyers shall be able to access their purchase history and invoices. As part of the platforms workflow, agency approvers will be able to access spend data for those buyers who fall within their agency hierarchy.

ii.) Required Data Elements

GSA seeks the proposed data elements to be remitted to GSA by the e-marketplace providers.

Data Element Type Data Element

Purchase Data

Order Date Ship Date Delivery Date Shipping costs Quantity of item sold Sell Price (per unit) Total Price Department Name Department ID Agency Name Agency ID Delivery address

Product Data

SKU / Park Number Description of item Product Unit of Measure Product country of origin

Vendor Data

OEM Name (Original Equipment Manufacturer) Vendor Name Vendor DUNS # Vendor socioeconomic status Vendor NAICS code iii.) Data Analytics Capabilities

E-marketplace providers shall offer data analytics and dashboard capabilities. Data and analytics should be able to be broken out by agency as well by bureau and business unit within an agency.

Dashboards should include the following information as a minimum:

- Spend Data - How much is an agency spending across their various bureaus and organizations?

- Types of items purchased - What categories of items are purchased by agency?

- Frequency of purchases - How often were the same items purchased by an agency?

- Cost Savings - What savings were achieved versus commercial prices?

- Orders placed - How many orders placed as well as the average order sizes?

- Shipping and Delivery data - How long are orders taking to ship? What are the delivery timeframes and related shipping costs?

iv.) Catalog Data Access and Analytics

E-marketplace providers shall provide GSA access to their product catalogs to enable surveillance of prohibited items, mitigation of supply chain risks, and price monitoring.

v.) Restriction on Use of Data

In accordance with subsection (a)(2) of Section 838 of Division A of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232), the e-Marketplace provider shall not use Government spend data for pricing, marketing, competitive, or other purposes, any information, including any Government-owned data, such as purchasing trends or spending habits, related to a product from a third-party supplier featured on the platform provided through this contract or the transaction of such product, except as necessary to comply with the requirements of this contract.

(6) Pricing and Fee Considerations

(A.) Product Pricing and Price Related Terms and Conditions

The contractor shall provide an online marketplace where commercial products are made available for purchase by the Federal Government. GSA seeks highly competitive pricing and price related terms and conditions that are on par with the offeror’s business-to-business customers. As such, the offeror will provide a percentage discount off their consumer catalog prices to be made available to all purchasers on the platform, as well as any standard price-related terms and conditions. This discount will apply to all current and future products in the offeror’s proposed catalog and shall be an across-the-board discount. Additional discounts can be applied on a category by category basis. Also, the offeror will provide any standard price related terms and conditions offered to B2B customers such as delivery. Note, the consumer price is defined as the market price widely available to most non-Government buyers and is not the ‘list price’, which is considered the manufacturer’s suggested retail price.

(B.) Fee Remittance

GSA intends for the Commercial Platforms program to be self-sustaining. The Contractor shall remit a proposed percentage of each transaction back to GSA to fund the program.

https://www.congress.gov/bill/115th-congress/house-bill/5515/text#toc-H29B6122B050D41AD8F0FB003315C02D9 https://www.congress.gov/bill/115th-congress/house-bill/5515/text#toc-H29B6122B050D41AD8F0FB003315C02D9

(C.) Sales Tax Exemption Federal agencies shall not be charged a sales tax on purchases on the e-marketplaces. E-marketplace providers shall recognize the government purchase card account Bank Identification Numbers (BINs) and automatically apply tax exemption without any further action by the buyer.

(7) Provisions and Clauses

(A.) Background Federal Acquisition Regulation (FAR) section 12.301(a) provides the criteria for provisions and clauses that may be included in the acquisition of commercial items:

(a) In accordance with 41 U.S.C. 3307, contracts for the acquisition of commercial items shall, to the maximum extent practicable, include only those clauses—

(1) Required to implement provisions of law or executive orders applicable to the acquisition of commercial items; or

(2) Determined to be consistent with customary commercial practice.

Accordingly, GSA has determined the following FAR and General Services Administration Acquisition Regulation (GSAR) provisions and clauses apply to the e-marketplace provider contract:

(B.) Provisions

● FAR 52.204-7 System for Award Management

● FAR 52.212-1 Instructions to Offerors—Commercial Items.

Note: Per FAR 12.301(b)(1), contracting officers may tailor these instructions or provide additional instructions tailored to the specific acquisition in accordance with 12.302.

Accordingly, GSA intends to include only the 52.212-1 paragraphs below in the provision for the forthcoming solicitation.

○ (a) NAICS/ business size

○ (b) Submission of offers

○ (c) Period for acceptance of offers

○ (f) Late submissions, modifications, revisions, and withdrawals of offers

○ (g) Contract award

○ (l) Debriefing

● FAR 52.212-2 Evaluation—Commercial Items.

● FAR 52.212-3 Offeror Representations and Certifications—Commercial Items.

Note: 52.212-3 allows the Offeror to “complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.” Since SAM registration will be required (see FAR 52.204-7 above), only paragraphs (a) and (b) apply.

○ (a) Definitions http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179124 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_3.html#wp1084417 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179178 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.sam.gov/

○ (b) Annual Representations and Certifications

● FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

(C.) Clauses

● FAR 52.204-13, System for Award Management Maintenance

● FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems

● FAR 52.209-12, Certification Regarding Tax Matters

● FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders— Commercial Items

Note: Paragraph (a) states, “The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items[.]” Accordingly, only the following FAR clauses must apply.

○ FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

○ FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

○ FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

○ FAR 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

○ FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

Note: Paragraph (b) states, “The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items[.]” Accordingly, GSA intends to incorporate the following clauses by reference.

○ FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alternate I)

○ FAR 52.203-13, Contractor Code of Business Ethics and Conduct

○ FAR 52.204-14, Service Contract Reporting Requirements

○ FAR 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment

○ FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

○ FAR 52.219-8, Utilization of Small Business Concerns

○ FAR 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

○ FAR 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2))

○ FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

○ FAR 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246)

○ FAR 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

○ FAR 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627) https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1163537 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1149656 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1155195 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1148389 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1159972 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1145644 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1139913 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147656 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148123 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 http://uscode.house.gov/

○ FAR 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

○ FAR 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332)

○ FAR 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a) (End of Clause)

● FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

● GSAR 552.212-4 Contract Terms and Conditions–Commercial Items (FAR DEVIATION) (February 2018) (DEVIATION)

Note: As stated at GSAR 512.301(e), GSA has a deviation to revise certain paragraphs of FAR clause 52.212-4. GSAR 512.301(e) instructions contracting officers to replace subparagraph (g)(2), paragraph (s), and paragraph (u) of FAR clause 52.212-4 with text from GSAR 552.212-4, as well as adding paragraph (w) to the paragraphs from FAR clause 52.212-4. GSA is also contemplating an additional deviation to remove the paragraphs shown in strikethrough below.

○ (a) Inspection/Acceptance

○ (b) Assignment

○ (c) Changes

○ (d) Disputes

○ (e) Definitions

○ (f) Excusable Delays

○ (g) Invoice

○ (h) Patent Indemnity

○ (i) Payment

1. Items accepted

2. Prompt payment

3. Electronic Funds Transfer (EFT)

4. Discount

5. Overpayments

6. Interest

○ (j) Risk of loss

○ (k) Taxes

○ (l) Termination for Government's convenience

○ (m) Termination for cause

○ (n) Title

○ (o) Warranty

○ (p) Limitation of liability

○ (q) Other compliances

○ (r) Compliance with laws unique to Government contracts

○ 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts;

○ 18 U.S.C. 431 relating to officials not to benefit;

○ 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards;

https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169608 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113650 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+2+3++%285%29%20%20AND https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1160491 https://www.acquisition.gov/sites/default/files/current/gsam/html/Part552_Sub2A.html#wp1931263 https://www.acquisition.gov/sites/default/files/current/gsam/html/Part512.html#wp1858938 https://www.acquisition.gov/sites/default/files/current/gsam/html/Part512.html#wp1858938 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179465 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179465 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179465 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179465 http://uscode.house.gov/

○ 41 U.S.C. chapter 87, Kickbacks

○ 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections;

○ 49 U.S.C. 40118, Fly American

○ 41 U.S.C. chapter 21 relating to procurement integrity.

○ (s) Order of precedence

○ (t) [Reserved]

○ (u) Unauthorized Obligations

○ (v) Incorporation by reference

○ (w) Commercial supplier agreements–unenforceable clauses

(End of Clause)

● GSAR 552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items.

Note: This clause will incorporate the following GSAR clauses by reference.

○ GSAR 552.203-71 Restriction on Advertising

○ GSAR 552.215-70 Examination of Records by GSA

● GSAR 552.252-6, Authorized Deviations in Clauses.

● Future clause(s) implementing Section 889 of Division A of the John S. McCain National

Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232), Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/gsam/html/Part552_Sub2A.html#wp1931251 https://www.acquisition.gov/sites/default/files/current/gsam/html/Part552_Sub2A.html#wp1928743 https://www.acquisition.gov/sites/default/files/current/gsam/html/Part552_Sub2A.html#wp1929021 https://www.acquisition.gov/sites/default/files/current/gsam/html/Part552_Sub2B.html#wp1885461 https://www.congress.gov/bill/115th-congress/house-bill/5515/text#toc-H4350A53097BD46409287451A50C4F397 https://www.congress.gov/bill/115th-congress/house-bill/5515/text#toc-H4350A53097BD46409287451A50C4F397