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The GSA Schedule is awarded as a prime contract entered into by the federal government and a vendor that has submitted an acceptable proposal. At the core of the GSA Schedule contract lie two key concepts: 1) Basis of Award customer or group of customers and 2) Price Reduction Clause.
Contracts directly between the Government and its contractors ("prime contracts") are governed by federal common law. Contracts between the prime contractor and its subcontractors are governed by the contract law of the respective states. Differences between those legal frameworks can put pressure on a prime contractor. [citation needed]
Additionally, regulation of interaction between contracting agencies and the GSA is detailed here. Section 302(b) states the "declared policy" of the United States, that "a fair proportion of the total purchases and contracts for supplies and services [should be placed] with small business concerns". [3] 41 U.S. Code § 3104 now reads
Contract TYPE (see FAR Part 16) (i.e., fixed price (FP), FP with economic price adjustment, cost-reimbursement, incentive, time and materials, IDIQ, letter contracts, agreements under FAR Subpart 16.7, etc.). Note in FAR 52.301 that a clause must be in both the contract and the solicitation but provisions are only in solicitations.
According to the PMBOK (7th edition) by the Project Management Institute (PMI), Fixed Price Economic Price Adjustment Contract (FPEPA) is a "fixed-price contract, but with a special provision allowing for predefined final adjustments to the contract price due to changed conditions, such as inflation changes, or cost increases (or decrease) for special commodities".
These can be local or national contracts, and some may be grandfathered in by other entities. For example, in the United States, California's MAS Multiple Award Schedule will recognize the federal government contract holder's prices on a General Services Administration Schedule. [8]
According to the GSA website, "A Governmentwide Acquisition Contract (GWAC) is a pre-competed, multiple-award, indefinite delivery, indefinite quantity contract that agencies can use to buy total IT solutions, including both products and services." [2] Federal agencies may create GWACs to support the work of the federal government.
Act on Public Contracts by Contracting Authorities in the Water, Energy, Transport and Postal Services Sectors (Act no. 1398 of 2016, also known as the 'Act on public contracts in special sectors') Act on Public Contracts in the Fields of Defence and Security. [117] [118] A Government Decree on Public Contracts was also in force until 2017. [118]