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Chapter 20 - Joint and/or Cooperative and GSA Contract IT Procurements

20.2 Purchases from federal GSA (technology)

20.2.6 GSA supplier performance

If the supplier does not perform acceptably under a GSA IT purchase order issued by a state or local entity, GSA will not take corrective measures against that supplier.

Acceptance of an order by the GSA IT supplier constitutes the formation of a new contract between the agency and the GSA IT supplier. The ordering agency’s contracting officer is responsible for all contract administration under the new contract.

While the majority of the terms and conditions of the supplier’s GSA IT contract are incorporated by reference into the ordering agency’s purchase order, the federal government is not liable for the supplier's performance or non-performance. Disputes that cannot be resolved between the parties may be litigated in any state or federal court with jurisdiction, using the principles of federal procurement law and the Uniform Commercial Code, as applicable and appropriate. State and local government entities may submit information concerning a supplier's performance to the GSA contracting officer for consideration when evaluating the supplier's overall performance under the GSA IT contract.