|
Reminder - until further guidance is provided, a waiver is still required for any non-IBM servers that are ordered.
From: Michael Howell
Sent: 04/02/2008 11:11 AM
To: DOI_Bureau_CIOs; DOI_Procurement_Chiefs
Cc: DOI_Deputy_CIOs
Subject: Fw: [CIO-COUNCIL] IBM Suspension - GSA Guidance
This message is being sent as a joint communique from Debra Sonderman and me. You may have read about the recent suspension of IBM from doing business with Federal agencies as a consequence of a legal issue with EPA. Attached below is a message on this subject that was distributed to Federal CIO Council members earlier today. While this has the potential to affect a variety of programs and activities within Interior, we do not have a complete understanding of this issue yet. We plan to assess the impacts and options and develop recommendations and guidance for dealing with this issue within Interior in the near future. Following are links to online articles containing more information:
http://www.fcw.com/online/news/152092-1.html
http://techinsider.nextgov.com/ibm_suspension/
Michael J. Howell Jr.
Chief Information Officer, Department of the Interior
(202)-208-6194
Michael_Howell@ios.doi.gov
----- Forwarded by Michael Howell/PIR/OS/DOI on 04/02/2008 10:57 AM -----
Sent by: CIO-COUNCIL <CIO-COUNCIL@LISTSERV.GSA.GOV> 04/02/2008 07:20 AM
To:
CIO-COUNCIL@LISTSERV.GSA.GOV
Subject:
[CIO-COUNCIL] IBM Suspension - GSA Guidance
The following guidance is sent on behalf of Karen Evans, Administrator, Office of E-Gov & IT, OMB, for David Drabkin, Acting CAO, GSA.
=====================
On Thursday, March 27, 2008, the Environmental Protection Agency (EPA) suspended IBM. IBM is listed in the Excluded Parties List System (EPLS - http://www.epls.gov/)
The suspension of IBM has the immediate effect of precluding the following actions until further notice.
Contracting activities shall not:
- Solicit offers from IBM - Award new contracts to IBM
- Place new task, delivery, or purchase orders with IBM
- Consent to subcontracts with IBM
- Evaluate pending proposals, quotations, or offers from IBM. (Bids received in response to an Invitation for Bids must be rejected.)
- Add new work, exercise options, or extend the duration of current contracts or orders.
- Use the Purchase Card to acquire goods or services from IBM.
- Modify existing contracts with IBM.
If there are compelling reasons for doing business with IBM, requests for determinations from the Administrator pursuant to Federal Acquisition Regulation (FAR) §§ 9.405 and 9.405-1(b) shall be sent to the SPE for review and submission to the Administrator for approval.
This means that no new orders may be placed against schedule contracts, against GWACs or other IDIQ contracts held by IBM by GSA or other Federal agency users without first complying with FAR § 9.405-1(b). GSA's Administrator can only approve requests under FAR § 9.405-1(b) for GSA contracting activities. Other agencies will have to get written determinations from their own agency heads.
Existing contracts and task orders may remain in effect unless the Administrator directs otherwise. Therefore, do not terminate these contracts and task orders without first consulting with the SPE and General Counsel.
Full details concerning suspension are set forth in Subpart 9.4 of the FAR:
- Section 9.405 describes the effects of a suspension;
- Section 9.405-1 addresses the continuation of current contracts; and
- Section 9.405-2 covers restrictions on subcontracting.
Questions concerning this matter should be referred to Edward Loeb at (202) 501-0650.
Please give this guidance widest dissemination and ensure that all purchase card holders in your organization are made aware of it.
David A. Drabkin
Acting Chief Acquisition Officer &
Senior Procurement Executive
US General Services Administration |