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GSA Seeks Comments on Proposed Class Deviation to Address Open "Recurrent Points of Inconsistency" in Commercial Supplier Agreements

March 20, 2015

On March 20, 2015, the General Services Administration published a notice seeking comments on a proposed class deviation to the Federal Acquisition Regulation and General Services Acquisition Regulation intended to address "recurrent points of inconsistency" between Federal law and commercial supplier agreements, to establish that the FAR's commercial item terms take precedence over commercial supplier agreements, and to implement standard terms and conditions in order to minimize the need to individually negotiate agreements. GSA has provided a roadmap to all the terms and conditions customarily used by contractors in commercial supplier agreements (15 in total) that it believes conflict with Federal law; contractors have an opportunity to submit comments on this proposed class deviation on or before April 20, 2015.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Peter Eyre
Partner – Washington, D.C.
Phone: +1.202.624.2807
Adelicia R. Cliffe
Partner – Washington, D.C.
Phone: +1.202.624.2816
Olivia Lynch
Partner – Washington, D.C.
Phone: +1.202.624.2654