GSA Acquisition Letter V-08-05

> MEMORANDUM FOR ALL GSA CONTRACTING ACTIVITIES

FROM: DAVID A. DRABKIN

> SENIOR PROCUREMENT EXECUTIVE

OFFICE OF THE CHIEF ACQUISITION OFFICER

SUBJECT : Cooperative Purchasing - Acquisition of Security and Law\
Enforcement Related Goods and Services (Schedule 84) by\
State and Local Governments

1\. [Purpose]{.underline}. This Acquisition Letter provides
implementation of P.L. 110-248, The Local Preparedness Acquisition Act
which authorizes use by state or local governments of Schedule 84.

2\. [Background]{.underline}. P.L. 110-248, The Local Preparedness
Acquisition Act was signed and became effective June 26, 2008. The Act
authorizes the Administrator of General Services to provide for the use
by state or local governments of federal supply schedules of the General
Services Administration (GSA) for alarm and signal systems, facility
management systems, firefighting and rescue equipment, law enforcement
and security equipment, marine craft and related equipment, special
purpose clothing, and related services (as contained in Schedule 84).
This procurement authority will help State and local governments reduce
the administrative costs of negotiating their own contracts by
authorizing them to use the pre-negotiated contracts of GSA.

3\. [Effective Date.]{.underline} Immediately.

4\. [Termination Date]{.underline}. One year unless cancelled or
extended, or upon incorporation into the General Services Administration
Acquisition Manual (GSAM), whichever occurs first.

5\. [Applicability.]{.underline} This Acquisition Letter applies to all
GSA contracting activities.

6\. [References]{.underline}: GSAM 511.204, 516.506, 532.206, 532.7003,
538, 546.710, 552.238-78

7\. [Policy]{.underline}

> a\) P.L. 110-248, The Local Preparedness Acquisition Act, which was
> signed and became effective June 26, 2008, is hereby implemented in
> the GSAM.
>
> b\) Pending the Interim Rule the following GSAR clauses shall be
> incorporated into Schedule 84 Supply Schedule contracts:

-   GSAR 552.211-75, Preservation, Packaging and Packing with Alternate
    I

-   GSAR 552.211-77, Packing List Alternate I

-   GSAR 552.216-72, Placement of Orders, Alternate III

-   GSAR 552.216-73, Ordering Information Alternate II

-   GSAR 552.232-8, Discounts for Prompt Payments Alternate I --

-   GSAR 552.232-79, Payment by Credit Card

-   GSAR 552.232-81, Payments by Non-Federal Ordering Activities

-   GSAR 552.238-71, Submission and Distribution of Authorized Federal
    Supply\
    Schedule Pricelists

-   GSAR 552.238-75, Price Reductions Alternate I

-   GSAR 552.238-77 Definition (Federal Supply Schedule)

-   GSAR 552.238-78, Scope of Contract (Eligible Ordering Activities)

-   GSAR 552.238-79, Use of Federal Supply Schedule Contracts by
    Certain\
    Entities-Cooperative Purchasing

-   GSAR 552.246-73, Warranty \-- Multiple Award Schedules Alternate I

c\) Replace 538.7003 with the following:

+-----------------------------------------------------------------------+
| **538.7003  Policy.**                                                 |
|                                                                       |
| *Preparing solicitations when schedules are open to eligible          |
| non-federal entities*. When opening Schedule 70 and the Consolidated  |
| Products and Services Schedule containing information technology      |
| SINs, and Schedule 84, for use by eligible non-federal entities, the  |
| contracting officer must make minor modifications to certain Federal  |
| Acquisition Regulation and GSAM provisions and clauses in order to    |
| make clear distinctions between the rights and responsibilities of    |
| the U.S. Government in its management and regulatory capacity         |
| pursuant to which it awards schedule contracts and fulfills           |
| associated Federal requirements versus the rights and                 |
| responsibilities of eligible ordering activities placing orders to    |
| fulfill agency needs. Accordingly, the contracting officer is         |
| authorized to modify the following FAR provisions/clauses to delete   |
| "Government" or similar language referring to the U.S. Government and |
| substitute "ordering activity" or similar language when preparing     |
| solicitations and contracts to be awarded under Schedule 70 and the   |
| Consolidated Products and Services Schedule containing information    |
| technology SINs, and Schedule 84. When such changes are made, the     |
| word "(DEVIATION)" shall be added at the end of the title of the      |
| provision or clause. These clauses include but are not limited to:    |
+-----------------------------------------------------------------------+
| (a) 52.212-4, Contract Terms and Conditions---Commercial Items.       |
|                                                                       |
| (b) 52.216-18, Ordering.                                              |
|                                                                       |
| (c) 52.216-19, Order Limitations.                                     |
+-----------------------------------------------------------------------+
| (d) 52.229-1, State and Local Taxes.                                  |
|                                                                       |
| (e) 52.229-3, Federal, State, and Local Taxes.                        |
|                                                                       |
| (f) 52.232-7, Payments Under Time-and-Materials and Labor-Hour        |
| Contracts.                                                            |
|                                                                       |
| (g) 52.232-17, Interest.                                              |
|                                                                       |
| (h) 52.232-19, Availability of Funds for the Next Fiscal Year.        |
|                                                                       |
| (i) 52.232-34, Payment by Electronic Funds Transfer---Other than      |
| Central Contractor Registration.                                      |
|                                                                       |
| (j) 52.232-36, Payment by Third Party.                                |
|                                                                       |
| (k) 52.237-3, Continuity of Services.                                 |
|                                                                       |
| (l) 52.246-4, Inspection of Services-Fixed Price.                     |
|                                                                       |
| (m) 52.246-6, Inspection---Time-and-Material and Labor- Hour.         |
|                                                                       |
| (n) 52.247-34, F.O.B. Destination.                                    |
|                                                                       |
| (o) 52.247-38, F.O.B. Inland Carrier Point of Exportation.            |
+-----------------------------------------------------------------------+

> d\) State or local government entities, as defined at GSAM 538.7001,
> are authorized to use Schedule 84 for alarm and signal systems,
> facility management systems, firefighting and rescue equipment, law
> enforcement and security equipment, marine craft and related
> equipment, special purpose clothing, and related services (as
> contained in Schedule 84).
>
> e\) Use of Schedule 84 by State and local governments is optional.
> Participation by Schedule 84 contractors is voluntary. Even after
> contractors have volunteered to participate, they retain the right to
> decline orders from State and local governments on a case-by-case
> basis. The Schedule 84 contract shall include all of the required GSAR
> and modified FAR clauses before orders are placed against the
> contract.
>
> f\) Replace 552.238-78 with the following:

####  552.238-78  Scope of Contract (Eligible Ordering Activities). (DEVIATION)

As prescribed in
[[538.7004(b)]{.underline}](http://acquisition.gov/comp/gsam/current/html/Part538.html#wp1860321)
insert the following clause:

[Scope of Contract (Eligible Ordering Activities) (May 2004) (DEVIATION
July 2008)]{.smallcaps}

(a) This solicitation is issued to establish contracts which may be used
on a nonmandatory basis by the agencies and activities named below, as a
source of supply for the supplies or services described herein, for
domestic and/or overseas delivery. For Special Item Number 132-53,
Wireless Services ONLY, limited geographic coverage (consistent with the
Offeror\'s commercial practice) may be proposed.

(1) Executive agencies (as defined in FAR Subpart 2.1) including
nonappropriated fund activities as prescribed in 41 CFR 101-26.000;

(2) Government contractors authorized in writing by a Federal agency
pursuant to FAR 51.1;

(3) Mixed ownership Government corporations (as defined in the
Government Corporation Control Act);

(4) Federal Agencies, including establishments in the legislative or
judicial branch of government (except the Senate, the House of
Representatives and the Architect of the Capitol and any activities
under the direction of the Architect of the Capitol).

(5) The District of Columbia;

(6) Tribal governments when authorized under 25 USC 450j(k);

(7) Qualified Nonprofit Agencies as authorized under 40 USC 502(b); and

(8) Organizations, other than those identified in
paragraph [[(d)]{.underline}](http://acquisition.gov/comp/gsam/current/html/Part552_Sub2B.html#wp1884958)
of this clause, authorized by GSA pursuant to statute or regulation to
use GSA as a source of supply.

(b) *Definitions*. *Domestic delivery* is delivery within the 48
contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S.
territories. Domestic delivery also includes a port or consolidation
point, within the aforementioned areas, for orders received from
overseas activities.

*Overseas delivery* is delivery to points outside of the 48 contiguous
states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S.
territories.

(c) Offerors are requested to check one of the following boxes:

 Contractor will provide domestic and overseas delivery.

 Contractor will provide overseas delivery only.

 Contractor will provide domestic delivery only.

(d) The following activities may place orders against information
technology schedule 70 contracts and Consolidated Products and Services
Schedule contracts containing information technology special item
numbers, and Schedule 84 contracts, on an optional basis; PROVIDED, the
Contractor accepts order(s) from such activities: State and local
government, includes any state, local, regional or tribal government or
any instrumentality thereof (including any local educational agency or
institution of higher learning).

(e) Articles or services may be ordered from time to time in such
quantities as may be needed to fill any requirement, subject to the
Order Limitations thresholds which will be specified in resultant
contracts. Overseas activities may place orders directly with schedule
contractors for delivery to CONUS port or consolidation point.

(f) 

(1) The Contractor is obligated to accept orders received from
activities within the Executive branch of the Federal Government.

(2) The Contractor is not obligated to accept orders received from
activities outside the Executive branch; however, the Contractor is
encouraged to accept such orders. If the Contractor elects to accept
such orders, all provisions of the contract shall apply, including
clause
[[552.232-79]{.underline}](http://acquisition.gov/comp/gsam/current/html/Part552_Sub2B.html#wp1884438),
Payment by Credit Card. If the Contractor is unwilling to accept such
orders, and the proposed method of payment is not through the Credit
Card, the Contractor shall return the order by mail or other means of
delivery within 5 workdays from receipt. If the Contractor is unwilling
to accept such orders, and the proposed method of payment is through the
Credit Card, the Contractor must so advise the ordering activity within
24 hours of receipt of order. (Reference clause
[[552.232-79]{.underline}](http://acquisition.gov/comp/gsam/current/html/Part552_Sub2B.html#wp1884438),
Payment by Credit Card.) Failure to return an order or advise the
ordering activity within the time frames of this paragraph shall
constitute acceptance whereupon all provisions of the contract shall
apply.

(g) The Government is obligated to purchase under each resultant
contract a guaranteed minimum of \$2,500 (two thousand, five hundred
dollars) during the contract term.

**Additional Information**: A General Services Administration
Acquisition Regulation (GSAR) Interim Rule is in process. If you have
questions regarding this Acquisition Letter, please contact Mr. William
Clark at 202-219-1813.