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.
Question Category: CoOp Purchasing FAQs
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 …
No. Cooperative Purchasing does not impact state and local government preference programs.
Yes. Schedule contractors may accept any state and local government-issued credit cards for orders placed under Cooperative Purchasing. Contractors are required to accept credit cards for orders up to the micro-purchase threshold and contractors may voluntarily accept credit cards for orders exceeding the micro-purchase threshold.
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 »
Yes. State and local government entities may issue BPAs under the Schedule contracts.
State and local government entities are encouraged to use GSA’s Schedule Ordering Procedures to ensure the benefit of receiving the best value from GSA Schedule contractors. When it is not feasible to use GSA’s Schedule ordering procedures, state and local entities may follow their own ordering procedures for buying products and services under Cooperative Purchasing.
No. State and local governments cannot use existing BPAs, unless they were initially included as authorized users of the BPA. Existing BPAs cannot be modified to include state and local government entities.
Yes. State and local government entities may be granted additional price reductions under Cooperative Purchasing.