If the contractor does not perform acceptably under a Cooperative Purchasing order issued by a state or local entity, should the ordering activity request the GSA Contracting Officer take corrective measures?

No. Acceptance of an order by the Schedule contractor under Cooperative Purchasing constitutes the formation of a new contract between the non-federal ordering activity and the Schedule contractor. The ordering activity’s Contracting Officer is responsible for all contract administration under the new contract. While the majority of the terms and conditions of the Schedule contract are incorporated by reference into the Cooperative Purchasing order (see Question 12 below for exceptions), the federal government is not liable for the contractor’s performance, or non-performance. Disputes that cannot be resolved by 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. However, state and local government entities may submit information concerning a contractor’s performance to the GSA Contracting Officer for consideration when evaluating the contractor’s overall performance under the GSA Schedule contract.