Federal Supply Service - Nick Economou

3/23/2001

The Federal Supply Service, General Services Administration, provides the following electronic comments to FAR Case 1999-607, "Federal Acquisition Regulation; Electronic and Information Technology Accessibility.

Recommend proposed FAR Subpart 39.X03 Applicability be revised to include a paragraph (b) to read as follows:

39.X03(b) Agencies establishing governwide agency, multiagency, Federal Supply Schedule contracts should make an effort to identify (as repesented or certified by contractors) for ordering agencies the status of the supplies or services under contracts that are compliant or partially compliant. Ordering agencies must make the exception determination as noted in 39.X04 when ordering such supplies or services that are not compliant to the accessibility standards.

Alternatively, 39.X04 Exceptions should note that Federal Supply Schedules Contracts are exempt.

Text should include an exception for Federal Supply Schedules that reads:

Federal Supply Schedule Contracts. However, schedule contractors may provide contractor represented compliant EIT and such EIT would be identified by the schedule contractors for ordering agencies. Agency requirements officials must make the appropriate exception determination for ordering officials for inclusion in the order files.

Rationale:

The Federal Supply Schedules program is a commercial item acquisition program awarded under an IDIQ. The program provides Federal agencies with a simplified process for obtaining commercial supplies and services at prices associated with volume buying.

The program services the acquisition needs of the entire Federal community on an optional use basis. Over 4 million commercial items are provided under this program. Requirement documents are not developed since it is impossible to determine the specific requirements of ordering activities. Multiple Contracts are awarded with thousands of contractors for compable supplies and services. Agencies are thus provided the opportunity to fill their requirements at the lowest overall cost having the features that meet agency needs.

There will be a significant user base of the program that will qualify for the exceptions noted in the rule. In order to satisfy those acquisition needs for this large base, the program will provide for both compliant and non compliant EIT. The Schedules program will require schedule contractors to identify in their pricelists which items are compliant. Agencies will accordingly be able to continue to use this streamlined acquisition process for compliant EIT as well as for noncompliant EIT should a determination be made by the ordering agency that an appropriate exception applies. The schedule contracting officer cannot make this determination on behalf of all agencies using the program. This determination must be made by the ordering agency consistent with its agency needs and mission.

Nicholas Economou
Director,
Acquisition Management Center (FCO)
Federal Supply Service
General Services Administration