CAUTION ON “REFRESHES” OF YOUR MULTIPLE AWARD SCHEDULE CONTRACT

The General Services Administration (“GSA”) announced on April 26, 2018 that it will require that multiple award schedule contractors accept the bilateral Commercial Supplier Agreements (“CSA”) modification through a “refresh” of the contract. This change is described in 83 Fed. Reg. 7631 (Feb. 22, 2018) and will add or update add/update clause 552.212-4 Contract Terms and Conditions Commercial Items (JAN 2017) (DEVIATION – FEB 2018) (ALTERNATE I – JAN 2017) (DEVIATION – FEB 2007). The inclusion of this new clause involving Commercial Supplier Agreements makes certain common commercial license terms unenforceable, and invalidates them, even if they are included in your contract. These clauses often conflict with the Appropriations language in the U.S. Code. The new clause also addresses liability and assignments as well as … Continue reading