GSAR Case 2006-504; Rewrite of GSAR Part 516; Types of Contracts (Comment #5)

Proposed 552.216-XX: As currently written, the proposed clause if far too broad in nature when it states “The GSA Ombudsman will exercise jurisdiction on any matters pertaining to ID/IQ contracts awarded by GSA.” FAR 16.505(b)(5) requires agencies to designate and ombudsman, but it limits their authority to reviewing “complaints from contractors and ensure they are afforded a fair opportunity to be considered, consistent with the procedures in the contract.” Recommend deleting the first sentence in its entirety. Recommended new section 516.505(b): Neither the proposed clause 552.216-XX nor the current GSAM sets forth who actually is designated as ombudsman. Acquisition Letter 08-01 addresses the ombudsman’s responsibilities, but only for IDIQ contracts against which other agencies can place orders. It also does not actually designate the GSA ombudsman. Recommend this position be clearly designated by position title with contact information in the GSAR or GSAM. Example: “The GSA Ombudsman is the Senior Procurement Executive. Complaints may be submitted to e-mail address.”