From 6f78f8db54f5d9fc0a58d0ffd5ba153430cb2497 Mon Sep 17 00:00:00 2001 From: John Labbate Date: Tue, 20 Feb 2024 13:50:59 -0500 Subject: [PATCH] Some more minor edits. --- src/content/smart-bulletins/031.md | 14 +++++++------- src/content/smart-bulletins/038.md | 4 ++-- 2 files changed, 9 insertions(+), 9 deletions(-) diff --git a/src/content/smart-bulletins/031.md b/src/content/smart-bulletins/031.md index 9f3c9012..73cc5ef1 100644 --- a/src/content/smart-bulletins/031.md +++ b/src/content/smart-bulletins/031.md @@ -3,7 +3,7 @@ title: "Smart Bulletin No. 031" intro: "GSA SmartPay – OMB Circular A-123, Appendix B Implementing Guidance and Clarifications/Updates" number: "No. 031" order: 031 -businessline: "Purchase, Travel, Fleet and Integrated" +businessline: "Purchase, Travel, Fleet, and Integrated" published: "Dec 19, 2019" lastupdated: "Feb 23, 2024" --- @@ -21,7 +21,7 @@ rescinded, or superseded. ## Business Line(s) Affected -Purchase, Travel, Fleet and Integrated +Purchase, Travel, Fleet, and Integrated ## Introduction @@ -48,14 +48,14 @@ The reference to the “OPM Center for Federal Investigative Services (FIS)” i Section 6.12 is clarified as follows: -The reference to GSA’s Financial and Business Solutions (FABS) Schedule contractors and its associated footnote is hereby deleted and replaced with “PS-MAS.” More information on PS-MAS (Professional Services – Multiple Award Schedule) in this context can be found at: gsa.gov/psschedules, under “professional services/identity protection services.” +The reference to GSA’s Financial and Business Solutions (FABS) Schedule contractors and its associated footnote is hereby deleted and replaced with “PS-MAS.” More information on PS-MAS (Professional Services – Multiple Award Schedule) in this context can be found at gsa.gov/ps schedules under “professional services/identity protection services.” ### Chapter 10 – Sustainability Environmental Requirements -Due to the issuance of Executive Order (EO) 13834, “Efficient Federal Operations,” dated May 17, 2018, and the revocation of EO 13693, “Planning for Federal Sustainability in the Next Decade,” dated March 19, 2015, Section 10.2 is deleted in its entirety are replaced with the following: +Due to the issuance of Executive Order (EO) 13834, “Efficient Federal Operations,” dated May 17, 2018, and the revocation of EO 13693, “Planning for Federal Sustainability in the Next Decade,” dated March 19, 2015, Section 10.2 is deleted in its entirety are replaced with the following: EO 13834 affirms that it is the policy of the United States that agencies meet energy and environmental performance statutory requirements in a manner that increases efficiency, optimizes performance, eliminates unnecessary use of resources, and protects the environment. In implementing this policy, agencies are tasked to prioritize actions that reduce waste, cut costs, enhance the resilience of Federal infrastructure and operations, and enable more effective accomplishment of its mission. EO 13834 may be viewed at: https://www.fedcenter.gov/programs/eo13834. -To assist agencies in meeting statutory and optional sustainable purchasing requirements, GSA offers an online Green Procurement Compilation. The Green Procurement Compilation is a comprehensive green purchasing resource designed for federal contracting personnel and program managers. It consolidates and organizes information from federal environmental programs in one place, saving you from visiting multiple websites. +To assist agencies in meeting statutory and optional sustainable purchasing requirements, GSA offers an online Green Procurement Compilation. The Green Procurement Compilation is a comprehensive green purchasing resource designed for federal contracting personnel and program managers. It consolidates and organizes information from federal environmental programs in one place, saving you from visiting multiple websites. The Green Procurement Compilation allows users to: - Quickly identify federal green purchasing requirements for the products and services; @@ -84,14 +84,14 @@ The services portal contains green purchasing guidance for services, including: - Landscaping Services; - Laundry Services; - Meeting & Conference Services; -- Pest Management; and +- Pest Management; and, - Transportation Services. ### Attachments A.1 Glossary ### Attachment A.6 – Disciplinary Category Definitions Guide For consistency, the following existing definitions contained in both of these attachments are deleted and replaced with the following: - **A.1 External Fraud** - Any felonious act of corruption or attempt to cheat the Government or corrupt the Government’s agents by someone other than Government officials. Otherwise known as third-party fraud. -- **A.1 Misuse** - Unintentional use of the purchase, travel, fleet, and/or integrated charge card in violation of the FAR, DFARs, FTR, Agency Supplements, or Agency Policy/Procedures. These actions are the result of ignorance and/or carelessness, lacking intent, to include honest mistakes.. +- **A.1 Misuse** - Unintentional use of the purchase, travel, fleet, and/or integrated charge card in violation of the FAR, DFARs, FTR, Agency Supplements, or Agency Policy/Procedures. These actions are the result of ignorance and/or carelessness, lacking intent to include honest mistakes. ## Action CCCM coordinated this Smart Bulletin with OMB, Office of Federal Financial diff --git a/src/content/smart-bulletins/038.md b/src/content/smart-bulletins/038.md index 1ebb4ed5..190f5c2a 100644 --- a/src/content/smart-bulletins/038.md +++ b/src/content/smart-bulletins/038.md @@ -24,7 +24,7 @@ The purpose of this Smart Bulletin is to provide clarity for customer agencies w ## Summary -The Department of Defense (DoD), General Service Administration (GSA), and the National Aeronautics and Space Administration (NASA) published an interim rule in the Federal Register at[78 FR 37686](https://www.federalregister.gov/citation/78-FR-37686) on June 21, 2013, to implement the Department of Justice (DOJ) Office of Legal Counsel (OLC) opinion, entitled “Memorandum for Barbara S. Fredericks, Assistant General Counsel for Administration, United States Department of Commerce,” which opined that the Anti-Deficiency Act (ADA) ([31 U.S.C. 1341](https://api.fdsys.gov/link?collection=uscode&title=31&year=mostrecent§ion=1341&type=usc&link-type=html)) is violated when a Government contracting officer or other employee with authority to bind the Government (emphasis added) agrees, without statutory authorization or other exception, to an open-ended, unrestricted indemnification clause. +The Department of Defense (DoD), General Service Administration (GSA), and the National Aeronautics and Space Administration (NASA) published an interim rule in the Federal Register at [78 FR 37686](https://www.federalregister.gov/citation/78-FR-37686) on June 21, 2013, to implement the Department of Justice (DOJ) Office of Legal Counsel (OLC) opinion, entitled “Memorandum for Barbara S. Fredericks, Assistant General Counsel for Administration, United States Department of Commerce,” which opined that the Anti-Deficiency Act (ADA) ([31 U.S.C. 1341](https://api.fdsys.gov/link?collection=uscode&title=31&year=mostrecent§ion=1341&type=usc&link-type=html)) is violated when a Government contracting officer or other employee with authority to bind the Government agrees, without statutory authorization or other exception, to an open-ended, unrestricted indemnification clause. On April 4, 2013, the Office of Management and Budget (OMB) issued guidance outlining a series of management actions to ensure agencies act in compliance with the ADA and in accordance with OLC’s opinion. This guidance clarifies that the inclusion of an open-ended indemnification clause in an End User License Agreement (EULA), online Terms of Service (TOS), or other agreement is not binding on the Government unless expressly authorized by statute and specifically authorized under applicable agency regulations and procedures, and shall be deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. @@ -42,7 +42,7 @@ GSAM Clause 552.232-78, “Commercial Supplier Agreements–Unenforceable”:[ht ## Action -This Smart Buletin is provided to AOPCs in responding to questions from cardholders regarding the applicability of contractor bank commercial EULAs, TOS, and other “click to agree ” agreements to Federal government accounts and cardholders. +This Smart Buletin is provided to A/OPCs in responding to questions from cardholders regarding the applicability of contractor bank commercial EULAs, TOS, and other “click to agree ” agreements to Federal government accounts and cardholders. It is important for agencies to review their current card policies and guidance to ensure that they are updated to reflect the information contained in this Smart Bulletin.