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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
Authority: 5 U.S.C. 301 and 41 U.S.C.
418b.

12. Add subpart 1539.1 to read as follows:

Subpart 1539.1Commercial Supplier Agreements a Backgroundi Commercial Supplier Agreements CSAs are defined at 1502.100, in part, as terms and conditions that are customarily offered to the public by vendors of supplies or services that meet the definition of commercial item and are intended to create a binding legal obligation on the end user. CSAs are common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, and they may apply to any supply or service.
ii Commercial supplies and services are offered to the public under standard agreements that may take a variety of forms, including, but not limited to, license agreements, terms of service, and terms of sale or purchase. These standard CSAs contain terms and conditions that are appropriate when
the purchaser is a private party, but not when the purchaser is the Federal Government. The existence of federallyincompatible terms in standard CSAs is recognized in FAR 27.4053b, which states contracting officers should exercise caution in accepting a vendors terms and conditions, since they may be written for commercial sales and not appropriate for Government contracts.
Note that the use of CSAs is not limited to information technology acquisitions, as they have become common in a broad variety of contexts, from travel to telecommunications to financial services to building maintenance systems; including purchases below the simplified acquisition threshold.
b Policy. The EPAAR includes standard terms and conditions for the most common conflicting CSA terms, and contracting officers and contract specialists must follow the relevant rules in parts 1512, 1513, and 1532
when purchasing information technology that includes a CSA.
Contracting Officers must review CSAs submitted by offerors/contractors. FAR
deviations 1552.3124 and 1552.33239

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PART 1552SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
13. The authority citation for part 1552 continues to read as follows:

Authority: 5 U.S.C. 301 and 41 U.S.C.
418b.

14. Revise 1552.21673 to read as follows:

1552.21673 Fixed rates for services indefinite delivery/indefinite quantity contract.

As prescribed in 1516.505b, insert the following clause:
FIXED RATES FOR SERVICES
INDEFINITE DELIVERY/INDEFINITE
QUANTITY CONTRACT OCT. 2021
a The following fixed rates shall apply for payment purposes for the duration of the contact.

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b The rate, or rates, set forth in paragraph a of this section cover all expenses, including report preparation, salaries, overhead, general and administrative expenses, and profit.
c The Contractor shall voucher for only the time of the personnel whose services are applied directly to the work called for in individual Orders and accepted by the EPA
Contracting Officers Representative COR.
The Government shall pay the Contractor for the life of the Order at rates in effect when the Order was issued, even if performance under the Order crosses into another period.
The Contractor shall maintain time and labor distribution records for all employees who work under the contract. These records must
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apply to many common conflicting CSA
terms, but not all conflicting terms.
Therefore, all submitted CSAs must be reviewed by the contracting officer and the Office of General Counsel OGC.

Fixed hourly rate
document time worked and work performed by each individual on all Orders.

End of Clause Alternate I date. As prescribed in 1515.505b, modify the Basic form of the clause by changing paragraph c to the following:
c The Contractor shall voucher for only the time of the personnel whose services are applied directly to the work called for in individual Orders and accepted by the EPA Contracting Officers Representative COR. The Government shall pay the Contractor at rates in effect when the work is
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performed by the Contractor. The Contractor shall maintain time and labor distribution records for all employees who work under the contract. These records must document time worked and work performed by each individual on all Orders.
15. Add 1552.23275 to subpart 1552.2 to read as follows:

1552.23275 Commercial supplier agreementsunenforceable clauses.

As prescribed in 1513.507b and 1532.1070 insert the following clause:

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