Frustrated on Wednesday, September 12, 2001 - 04:53 pm:
There is some debate within my
organization regarding whether or not GSA Federal Supply
Schedule (FSS) orders (in this case, for information technology
services on a time-and-material basis) can be incrementally
funded. Does anyone know the answer to this, and can you provide
a regulatory or other citation that will help me conclude the
Anon2U on Wednesday, September 12, 2001 - 10:21 pm:
At my agency we write a BPA IAW
FAR Part 8 after conducting a mini-competition (or with a sole
source justification). Then delivery orders are written against
the BPA as funds become available. Very little gets funded for
more than 3 months per order. Why, I am not sure but evidently
budget officials run the railroad. This means each worker on
body shop contracts have to have 4 delivery orders each fiscal
year. What a waste of contracting manpower, but they tell me it
has been this way for years.
on Thursday, September 13, 2001 - 09:37 pm:
Can anyone even figure out what
clauses are in the GSA contract? Do they include LOF and LOC
on Friday, September 14, 2001 - 12:12 pm:
I have never seen incremental
funding or LOC/LOF treated in the GSA Schedule contracts. So,
without regulatory treatment, feel free to gin up equivalent LOC
and LOF clause language. I routinely draft clauses or use FAR
clauses in GSA Delivery Orders, such as the Continuity of
Bob Hansen on Friday, September 14, 2001 - 03:16 pm:
Incremental funding, using
Limitation of Cost/Limitation of Funds (LOC/LOF) clauses, is for
cost-reimbursement type contracts (FAR 32.705-2). Maybe the
award should be a cost-reimbursement rather than a
time-and-material type contract, where a D&F is required (FAR
16.601(c)(1)) to explain why no other contract type is suitable.
Note that GSA IT awards are for professional services and the
contract types are restricted to fixed price or
Vern Edwards on
Friday, September 14, 2001 - 04:02 pm:
Some agencies do incrementally fund fixed-price contracts. See
DFARS 232.703-1 and 252.232-7007.
Anon2 on Friday, September 14, 2001 - 04:16 pm:
I like the question "Anonymous"
asked on Sept 13, "Can anyone even figure out what clauses are
in the GSA contract?" I have spent many hours searching the GSA
site looking for FSS or other contracts to read the clauses that
are in them. I can tell you I have been completely unsuccessful.
Even the contractors don't put that info. on their web site. I
wanted to see what Section I looked like for one of the FAST
contracts and while I finally find a page for FAST, no clauses
were apparent. Why? I almost feel like GSA doesn't want us to
know what are in those schedules or contracts.
Hastur on Friday, September 14, 2001 - 04:45 pm:
There is a difference between the FAST program, now known as IT
Solutions and operated out of various GSA FTS Client Support
Centers, and what are still commonly known as the FAST
contracts. The FAST contracts are called the FAST 8(a) contracts
and were orgininally awarded in D.C. & Kansas City. The
management of those GWACs is by the GSA FTS Small Business
Solutions Development Center in Kansas City.
You may view the FAST 8(a) contracts by going to
This will not answer the original question, but does help
address the negative connotation present in your post.
I too have a hard time getting a hold of an FSS schedule
contract when I need one.
The other GWACs managed by FTS may be reviewed by selecting the
appropriate link from www.fts.gsa.gov.
This was relatively simple to furnish to you. Please ask instead
Anon2U on Friday, September 14, 2001 - 09:46 pm:
Many of the GSA Schedule
contracts are now on FEDBIZOPPS as full time solicitations. The
GSA contracting officers tell you to go there and download it if
you need it. Evidently they award as solicited and don't add or
subtract clauses. Maybe there is a GSA Schedule contracting
officer out there to fill us in on this.
anonymous8 on Saturday, September 15, 2001 - 10:02 pm:
Lack of access to the contract is
a problem, I think. I have also been told to just copy the RFP.
Seems to me I should be able to read the contract so I can do
orders / modifications / administration properly. How do I know
if I am adding a clause which is outside scope or contradicts
the awarded contract? In any event, the potential to have to
cite clauses in the solicitation (which may or may not be in the
contract) when doing mods just seems risky to me.
formerfed on Monday, September 17, 2001 - 07:47 am:
It's been a number of years since I was a GSA Schedule CO.
However, I don't think the process changed. You're correct. As
far as clauses go, the award and solicitation are identical.
on Monday, September 17, 2001 - 09:00 am:
Anon2U, Anonymous 8, formerfed
I just recently tried to "get" a copy of the solicitation
on-line so that I can know what clauses are included in the
awarded contract. When I go on-line at the website GSA referred
me to I see one solicitation, but I don't think it is the
correct one. It was posted after the awarded document. Award 97/
solicitation 98. How do I tie the solicitation number to the
contract award number. I e-mailed the GSA CO but have yet to
hear back from him.
Appreciate any help you can provide.
Vern Edwards on
Monday, September 17, 2001 - 10:02 am:
The answer to your question about whether or not you can
incrementally fund orders placed against GSA FSS schedule
contracts is complicated, but depending on your own agency's
fundings policies, the unofficial answer is probably yes.
GSA FSS schedule contracts are not very different from other
government contracts. They contain the clauses prescribed by FAR
and GSA's Acquisition Manual (GSAM). They do not contain clauses
that provide for incremental funding -- FAR does not provide for
the incremental funding of fixed-price contracts and the GSAM
does not even mention incremental funding.
Officially, ordering agencies cannot modify (add or remove)
contract clauses when they issue an order against a GSA FSS
contract, they can only issue an order in accordance with the
contract's terms. So, technically, the answer to your question
is that you cannot incrementally fund orders against GSA FSS
contracts because FSS contracts do not contain incremental
However, GSA allows lets ordering agencies write order-unique
SOWs and "BPAs" for FSS orders and I imagine that many agencies
insert what are essentially order-unique contract terms into
those documents. If the GSA contractor does not object -- and it
probably won't -- then I'd bet that GSA is not going to object
or hunt you down if you insert a clause like DOD's Limitation of
Government's Obligation clause, DFARS 252,232-7007, into a GSA
FSS order. GSA does not closely scrutinize agency ordering
behavior and, unofficially, probably could not care less what
agencies do in that regard as long as the parties directly
involved are in agreement. So, unofficially, you can do what
you've got to do.
Frustrated, if your agency is strict and disciplined about
proper procedure, then it will not let you do this. But
strictness and discipline -- not to mention knowledge of the
regulations -- are largely gone from the operational landscape
of government contracting. Your question is one of those that
you're better off not asking if the answer matters to you. If
you can incrementally fund your own agency's fixed-price
contracts, then discuss it with the contractor and if it agrees
then just go ahead and incrementally fund your GSA order. Who
knows what kind of answer you'll get if you start going to
lawyers and such and asking if it's okay. But you'd better make
sure that the contractor really understands the implications of
incremental funding. Come to think of it, you'd better make sure
that you do, too.
For those of you looking for copies of GSA FSS solicitations (tho'
I cannot guess why you'd want to do that), they are posted at
the electronic posting system site. The web address is
Vern Edwards on
Monday, September 17, 2001 - 10:15 am:
By the way, GSA periodically
posts the FSS clause manual on the internet, at www.eps.gov. The
last such posting was in August of this year. Here is the link:
The document is in MSWord.