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Question Category: CoOp Purchasing FAQs

When does Cooperative Purchasing go into effect?

Technically, Cooperative Purchasing was effective upon publication of the Interim Rule in the Federal Register (May 7, 2003). However, existing Schedule 70 and Corporate Schedule contracts, containing IT SINs, must be modified, as mutually agreed between the Schedule contractor and the Federal Supply Service, to allow for Cooperative Purchasing.

How are state and local governments defined?

The General Services Administration Acquisition Manual (GSAM), Part 538.7001, Definitions, offers the following definition of state and local governments: “The States of the United States, counties, municipalities, cities, towns, townships, tribal governments, public authorities (including public or Indian housing agencies under the United States Housing Act of 1937), school districts, colleges, and other institutions of …

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Are any GSA Schedule contract terms and conditions not incorporated by reference into Cooperative Purchasing orders?

Yes. The following contract terms and conditions are not incorporated by reference into Cooperative Purchasing orders: Disputes Clause; Patent Indemnity Clause; and Commercial Item Contract Terms and Conditions. Portions of the Commercial Item Contract terms and conditions that specify compliance with laws unique to federal government contracts are not applicable to Cooperative Purchasing orders.

Are Prompt Payment provisions incorporated into Cooperative Purchasing orders?

Yes. Clause 552.232-81, Payments by Non-Federal Ordering Activities, allows for the terms and conditions of a state’s prompt payment law to apply to orders placed by eligible non-federal ordering activities. However, if the ordering activity is not otherwise subject to a state prompt payment law, the activity is covered by the federal prompt payment act …

Are Prompt Payment provisions incorporated into Cooperative Purchasing orders? Read More »

If the contractor does not perform acceptably under a Cooperative Purchasing order issued by a state or local entity, should the ordering activity request the GSA Contracting Officer take corrective measures?

No. Acceptance of an order by the Schedule contractor under Cooperative Purchasing constitutes the formation of a new contract between the non-federal ordering activity and the Schedule contractor. The ordering activity’s Contracting Officer is responsible for all contract administration under the new contract. While the majority of the terms and conditions of the Schedule contract …

If the contractor does not perform acceptably under a Cooperative Purchasing order issued by a state or local entity, should the ordering activity request the GSA Contracting Officer take corrective measures? Read More »

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