2024: The FAR - Federal Acquisition Regulations, Part 51

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2024: The FAR - Federal Acquisition Regulations, Part 51

2024 Webinar Series
THE FAR
THE FAR – PART 51

2024 Webinar Series
THE FAR
FAR PART #51:
Use Of Government Sources By Contractors
SPEAKER: Holly Roth
FIRM: Holland & Knight
EMAIL: holly.roth@hklaw.com

Ability to Use Government Sources
• What are Government Sources? Two categories:
(1) Supply Sources:
• Committee for Purchase from People Who Are Blind or Severely
Disabled
• Defense Logistics Agency (DLA)
• General Services Administration (GSA)
• Department of Veterans Affairs (VA) or,
- if not available from any of the above
• AbilityOne central nonprofit agencies

(2) Interagency Fleet Management System (IFMS) Vehicles and Related
Services:
• (1) Fuel and lubricants,
• (2) Vehicle inspection, maintenance, and repair,
• (3) Vehicle storage, and
• (4) Commercially rented vehicles for short-term use;
- and could include
• Complete rebuilding of major components of contractor-owned or -
leased equipment, but only if approved by the contracting officer in
each instance.

• Who can be authorized to use Government Supply Sources? Contractors performing:
• Government cost-reimbursement contracts;
• Other types of negotiated contracts when the agency determines that a substantial
dollar portion of the contractor's contracts are of a Government cost-reimbursement
nature; or
• A contract under 41 U.S.C. chapter 85, Committee for Purchase from People Who
Are Blind or Severely Disabled, if
• The nonprofit agency requesting use of the supplies and services is providing a
commodity or service to the Federal Government; and
• The supplies or services received are directly used in making or providing a
commodity or service, approved by the Committee for Purchase From People
Who Are Blind or Severely Disabled, to the Federal Government.

• Who can be authorized to use Government Supply Sources (cont.)?
• Contractors with fixed-price Government contracts that require
protection of security classified information may acquire security
equipment through GSA sources.
• Authorizations to subcontractors must be issued through, and with the
approval of, the contractor.

• Who can be authorized to use IFMS Vehicles and Services?
• Cost-reimbursement contractors and their cost-reimbursement
subcontractors for official purposes only
- unless
• Otherwise specifically approved by the Administrator of the GSA at the
request of the agency involved.

• What form does an authorization take?
• A written document from the Contracting Officer that:
• Cites the contract number(s);
• Specifies any limitations on the authority, including its duration,
and any other pertinent information; and
• Instructs the contractor to comply with the applicable policies and
procedures.

• Contractors ordering from Government Federal Supply Schedules shall
follow the terms of the applicable schedule and authorization and include
with each order:
• (1) A copy of the authorization (unless a copy was previously
furnished to the Federal Supply Schedule contractor); and
• (2) The following statement: This order is placed under written
authorization from ____ dated ____. In the event of any
inconsistency between the terms and conditions of this order and
those of your Federal Supply Schedule contract, the latter will govern.

• Contractors ordering from Government Sources for Government stock
shall:
• Comply with the requirements of the contracting officer's
authorization, using FEDSTRIP or MILSTRIP procedures, as
appropriate;
• Use only the Government activity address code obtained by the
contracting officer in accordance with 51.102(e) along with the
contractor's assigned access code, when ordering from GSA
Customer Supply Centers.
• Order only those items required in the performance of their contracts.

• How Do Contractors Obtain IFMS Services? Requests must be submitted
in writing to the appropriate GSA regional Federal Supply Service Bureau,
Attention: Regional fleet manager.
• Requests for more than five vehicles must be submitted to General
Services Administration, FBF, Washington, DC 20406, and not to the
regions.

• Each request shall include the following:
• (1) Two copies of the agency authorization to obtain vehicles and related
services from GSA.
• (2) The number of vehicles and related services required and period of
use.
• (3) A list of the contractor's employees who are authorized to request
vehicles and related services.
• (4) A listing of the make, model, and serial numbers of contractor-owned
or -leased equipment authorized to be serviced.
• (5) Billing instructions and address.
• Contractors requesting unusual quantities of vehicles should do so as far in
advance as possible to facilitate availability.

• Use of IFMS Vehicles and Services
• Contractors must comply with the requirements of
• 41 CFR 101-39, Interagency Fleet Management Systems, and
• The operator’s packet furnished with each vehicle.

CONTRACT CLAUSES
Written Authorization Still Required

• Use of Government Supply Sources Requires Government Authorization
• FAR 52.251-1 Government Supplies Sources
The Contracting Officer may issue the Contractor an authorization to use
Government supply sources in the performance of this contract. Title to
all property acquired by the Contractor under such an authorization shall
vest in the Government unless otherwise specified in the contract. The
provisions of the clause at FAR 52.245-1, Government Property, apply to
all property acquired under such authorization.

• FAR 52.251-2 Interagency Fleet Management System Vehicles and
Related Services
The Contracting Officer may issue the Contractor an authorization to
obtain interagency fleet management system (IFMS) vehicles and related
services for use in the performance of this contract. The use, service, and
maintenance of interagency fleet management system vehicles and the
use of related services by the Contractor shall be in accordance with 41
CFR 101-39 and 41 CFR 101-38.301-1.

• Best Practices -
• Contractors - Make sure you have the written authorization from the
CO.
• FSS Contract Holders – Require a copy of the CO’s written
authorization prior to taking an order against your FSS contract from
another government contractor.
• Follow the applicable rules, regulations and terms & conditions.

2024 Webinar Series
THE FAR
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The FAR:
Federal Acquisition Regulations
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2024: The FAR - Federal Acquisition Regulations, Part 51

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2024: The FAR - Federal Acquisition Regulations, Part 51