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GSAR Class Deviation MV-15-03: Memorandum of Class Deviation Addressing Commercial Supplier Agreement Terms that Conflict or are Incompatible with Federal Law

July 31, 2015

Updated 07/30/18

This Class Deviation memo, along with its supplemental memo, notifies the Acquisition Workforce that the General Services Administration (GSA) has identified fifteen common elements of Commercial Supplier Agreement Terms that conflict with or are incompatible with Federal law that must be resolved to align with Federal law or Government requirements in order for a valid contract to be formed. The GSA Senior Procurement Executive has issued this Class Deviation to preemptively address these fifteen common areas of conflict and ambiguity, therefore obtaining the same contracting result while saving significant time and resources.

On 31 May 2016, the GSA published a proposed rule for Unenforceable Commercial Supplier Agreement Terms to amend the General Services Administration Acquisition Regulation (GSAR) to address common Commercial Supplier Agreement terms that are inconsistent with or create ambiguity with Federal Law.

And, on 22 February 2018, the Final Rule for this GSAR Deviation was published.

-- For all documents mentioned here, public comment may be submitted, and more information is provided at the Federal Register website.


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