WANT TO ADD THE ORDER LEVEL MATERIAL CLAUSE TO YOUR SCHEDULE? GSA HAS A HOOP FOR YOU TO JUMP THROUGH FIRST

GSA is requiring Schedule contractors to agree to the Commercial Supplier Agreement (CSA) modification expected this June or July if they want to add Order Level Material capability to their Schedule contract.  A notice sent to all Schedule contract holder’s today states that the addition of the OLM mod, long sought by industry to make Schedule contracts more competitive with other IDIQ’s, is, itself, optional.  Addition of the CSA mod, however, is not.  That rule, the successor to original GSA efforts reigning in the terms of commercial software user agreements, broadly defines unenforceable obligations and clauses and outlines the order of precedence contracting officers and industry partners must follow. Hint:  Your commercial t’s and c’s will now be almost entirely subordinate to government regs.  GSA believes that the CSA rule mitigates government risk and streamlines negotiations.  So much for commercial terms being used for the acquisition of commercial services and products. Whether or not your company wants the OLM capability, however, rest assured that GSA does plan to have the CSA mod added to all Schedule contracts.  The OLM announcement lists the Schedules to which GSA currently plans to add this capability.  Contractors are encouraged to tell the agency if they believe other contracts should be added to the list.