Imaging Equipment Committee March 29, 2016

Agenda Guest Speaker: Kristine Stein, GSA Integrated Workplace Acquisition Center Recycled Paper Inquiry MAS Transformation Industry Day Contract Continuity Initiative Upcoming Formatted Product Tool Transactional Data Commercial Supplier Agreement Deviation Upcoming Events 2017 Budget Realities – Are You Aligned, April 7 2016 Spring Conference, April 28 Outlook into 2017: What Transition Means For Your Federal Business Opportunities

Guest Speaker: Kristine Stein GSA Integrated Workplace Acquisition Center Introduction to the Acquisition Gateway

Recycled Paper Inquiry All devices must be capable of operating at the performance standards with 100% recycled paper containing 30% post-consumer fiber content. The contractor must disclose any restrictions on the composition of recycled paper that may impact the functioning of its devices. Recommended paper must allow for a generic paper option. Each ordering activity may have its own hardware/software acceptance processes. MFDs shall be subject to ordering activity hardware/software evaluation processes at the task order level. If the MFD fails a security evaluation, the Contractor may select a different technology or mitigate the failed controls to fulfill this requirement. 

MAS Transformation Industry Day Contract Continuity Initiative Solution for Schedule contractors nearing the end of 20 year “Evergreen” contract Allows for: Early submission of new offer Dual Schedule contracts (if have BPAs under existing contract) Streamlined process for “successful FSS contractors” Must meet established criteria (e.g. met minimum sales requirements and satisfactory past performance) Removes certain offer requirements (e.g. Readiness Assessment and Financial Statements) For more info, see additional CCI materials at GSA Interact Previously could only submit new offer 9 months prior to expiration of current contract What is streamlined about the new process? In an effort to make the offer process less burdensome while still complying with Federal Acquisition Regulations, the following requirements were eliminated or reduced to the greatest extent possible: Readiness Assessment Financial Statements Corporate Experience Open Ratings Report Relevant Project Experience In the future, systems modifications will allow removal of the Pathway to Success Training. FAR 9.104 requires Contracting Officers to make an affirmative determination of responsibility so the Contracting Officer always has discretion to request additional information to make this determination

MAS Transformation Industry Day (cont.) Upcoming Formatted Product Tool (FPT) FPT incorporated into eOffer/eMod Replacing SIP/CORS process Automated price comparison of identical products Identifies “outlier” pricing and product descriptions Launch begins mid/late May 2016 for select Schedules

General Updates Transactional Data Commercial Supplier Agreement (CSA) Deviation Incorporated in recent MASS Mod Addresses common CSA terms and conditions that conflict with or are incompatible with Federal law 15 items identified in deviation automatically unenforceable even if included in commercial supplier agreement Changes order of precedence Resource: CSA Class deviation class deviation addresses 15 common CSA terms and conditions: 1. Definition of contracting parties 2. Contract formation 3. Vendor indemnity (vendor assumes control of proceedings) 4. Automatic renewals of term-limited agreements 5. Future fees or penalties 6. Taxes 7. Payment terms or invoicing (late payment) 8. Automatic incorporation/deemed acceptance of third party terms 9. State/foreign law governed contracts 10. Equitable remedies, injunctions, binding arbitration 11. Unilateral termination of supplier agreement by supplier 12. Unilateral modification of supplier agreement by supplier 13. Assignment of supplier agreement or Government contract by supplier 14. Confidentiality of supplier agreement terms and conditions 15. Audits (automatic liability for payment)

Upcoming Events Premier Event: 2017 Budget Realities – Are You Aligned Ray Bjorklund, President, BirchGrove Consulting, LLC April 7th, 8:00am – 10:30am 2016 Spring Conference: Outlook into 2017 ̶ What Transition Means For Your Federal Business April 28th, 7:30am ̶ 5:00pm Fairview Park Marriott Falls Church, VA Agenda and registration

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