DATE: March 11, 2005

SUBJECT: General Services Administration Acquisition Regulation (GSAR); Waiver of Consequential Damages and “Post Award” Audit Provisions

SOURCE: Federal Register, March 11, 2005, Vol. 70, No. 47, page 12167

AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)

ACTION: Advance Notice of Proposed Rulemaking (ANPR)

SYNOPSIS: GSA is requesting comments on whether the GSAR should be revised (1) to include a waiver of consequential damages for contracts awarded for commercial items under the Federal Acquisition Regulation (FAR); and (2) whether “post award” audit provisions should be included in its multiple award schedules (MAS) contracts and governmentwide acquisition contracts (GWACs).

EDITOR'S NOTE: The GSAR is the shaded part of the GSA Acquisition Manual, which is available on the Internet at http://www.acqnet.gov/GSAM/gsam.html.

DATES: Comments should be submitted no later than March 25, 2005.

A public meeting to discuss the ANPR will be held on April 14, 2005, from 9:00 a.m. to 4:00 p.m. EST. Interested parties are encouraged to provide written comments on issues they would like addressed at the meeting. Such written comments should be submitted no later than March 25, 2005.

ADDRESSES: Submit comments, identified by "GSAR ANPR 2005-N01,” to: (1) http://www.regulations.gov; (2) http://www.acqnet.gov/GSAM/gsamproposed.html; (3) e-mail: gsaranpr.2005-N01@gsa.gov; or (3) mail: General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405.

The public meeting will be held at the General Services Administration, National Capital Region, 301 7th and D Street, SW, Washington, DC 20407, in the auditorium. Interested parties may register and submit electronic comments at http://www.acqnet.gov/GSAM/gsamproposed.html.

FOR FURTHER INFORMATION CONTACT: Ernest Woodson, at 202-501-3775.

SUPPLEMENTAL INFORMATION: GSA is seeking comments on the following topics related to the acquisition of commercial items, and the conduct of post-award audits under its multiple award schedules (MAS) contracts and governmentwide acquisition contracts (GWACs):

GSA is seeking comments and recommendations on whether the GSAR should be revised to waive consequential damages in the purchase of commercial items, and whether GSA should modify its policy and practices with regard to the addition of post award audit clauses into contracts it awards. GSA is particularly interested in how the taxpayer may benefit from any revisions to the GSAR that would address contractor concerns regarding limitation of liability or post-award, and what effect the Services Acquisition Reform Act of 2003 (SARA) has on the issue of revising the GSAR to address limitations of liability. (EDITOR’S NOTE: For more on the Services Acquisition Reform Act of 2003, see the November 25, 2003, FEDERAL CONTRACTS DISPATCHEnactment of the National Defense Authorization Act for Fiscal Year 2004,” Title XIV, Services Acquisition Reform (SARA).)

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953.

Copyright 2005 by Panoptic Enterprises. All Rights Reserved.

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