What are the comparable VAAR clauses for FAR 52.209-9, 52.217-8, 52.217-9, 52.232-19, 52.237-3, and 52.249-2 please?
1. The titles of the FAR clause citations listed in this inquiry are provided below for the convenience of all potential readers of this response.
FAR 52.209-9 -- Updates of Publicly Available Information Regarding Responsibility Matters
FAR 52.217-8 -- Option to Extend Services
FAR 52.217-9 -- Option to Extend the Term of the Contract
FAR 52.232-19 -- Availability of Funds for the Next Fiscal Year
FAR 52.237-3 -- Continuity of Services
FAR 52.249-2 -- Termination for Convenience of the Government (Fixed-Price)
2. In direct response to this inquiry, our review of Part 852 of the Veterans Administration Acquisition Regulation (VAAR) did not yield any clauses that are comparable to the FAR clauses listed above. However, based on the information provided in this inquiry, this FSS “task order” involves the acquisition of services. Therefore, we would expect that most of the clauses listed in this inquiry are already included in the basic FSS contract pursuant to the various prescriptions in the FAR governing the use of these clauses in all services contracts awarded by an executive agency of the Government.
3. Because this inquiry does not state the nature of the services involved, we researched the GSA eLibrary [ http://www.gsaelibrary.gsa.gov/ElibMain/home.do
] for the contract clauses typically included in FSS service contracts. Our random survey of 10 FSS contracts in several services areas yielded the following results; i.e., all of these contracts contained:
- FAR 52.209-9, FAR 52.217-8, and FAR 52.237-3,
- FAR 52.212-4, -- Contract Terms and Conditions -- Commercial Items, paragraph (l) Termination for the Government’s convenience,
- GSA I-FSS-163, Option to Extend Term of Contract
4. Based on this survey analysis of typical clauses already included in FSS services contracts, we conclude that the addition of FAR 52.209-9, FAR 52.217-8, FAR 52.217-9, FAR 52.237-3, and FAR 52.249-2 to the task order would be redundant with the basic FSS contract and therefore would be unnecessary. If the addition of FAR 52.232-19 is required to meet the needs of your agency in this acquisition situation, then your office should contact the cognizant GSA Contracting Officer to determine how this clause can be properly applied to this FSS task order.