On February 15, the U.S. General Services Administration (GSA) announced two new “class deviations” (CDs) making a number of changes to the procurement rules applicable to GSA solicitations and contracts, including leases of real property. Continue Reading GSA Issues FAR Class Deviations Implementing DEI Requirements
FAR Council Announces Proposal to Ban Government Purchases and Use of Certain Semiconductors
On May 3, the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an Advanced Notice of Proposed Rulemaking (ANPRM) that would prohibit executive agencies from procuring electronic goods and services incorporating semiconductor products and services from certain named companies and others affiliated with the governments of U.S. adversaries. Continue Reading FAR Council Announces Proposal to Ban Government Purchases and Use of Certain Semiconductors
GAO Recommends Steps to Ensure VA FSS Program Remains Useful
The Department of Veteran Affairs (VA) manages nine healthcare related ‘schedules,’ groups of umbrella contracts used to order medical supplies and services, under the Federal Supply Schedules (FSS) program. These schedules allow VA medical centers to more easily obtain goods and services to support veterans.
The VA requested the Government Accountability Office (GAO) to produce a report focusing on the following:
- Program challenges.
- The timeliness of contract awards.
- The extent to which the schedules and the Medical Surgical Prime Vendor-Next Generation (MSPV-NG) program provide overlapping or duplicative offerings.
In addition to analyzing the requested issues, the report also contains a series of corrective recommendations to which the VA has largely agreed.Continue Reading GAO Recommends Steps to Ensure VA FSS Program Remains Useful
Trends and Changes in Federal Contracting for Fiscal Year 2020
I am excited to be presenting a training seminar titled, “Trends and Changes in Federal Contracting FY 20” for the Florida Procurement Technical Assistance Center (Florida PTAC).
The interactive seminar will provide insight into the world of federal government contracting for Fiscal Year 2020 and new initiatives that will impact federal businesses in the next 12 months.Continue Reading Trends and Changes in Federal Contracting for Fiscal Year 2020
April Showers Bring Mass Mods: New GSA Schedule Refresh and Mass Modification
Later this month, the GSA will issue a refresh to all GSA Multiple Award Schedules (MAS) to incorporate new provisions and clause updates. Even if you are already a GSA Schedule holder, keep reading – a bilateral modification will be issued for your contract.
Continue Reading April Showers Bring Mass Mods: New GSA Schedule Refresh and Mass Modification
Agency First! – CBCA Refuses Jurisdiction over Contractor’s Challenge of Wage Rate Adjustments Despite Final Decision from Contracting Officer
On March 31, 2017, the United States Civilian Board of Contract Appeals (CBCA) dismissed a contractor’s claims against the Department of Veterans Affairs (VA) for a lack of jurisdiction, stating that the contractor should have secured a final decision from the General Services Administration (GSA) prior to filing its claim. According to the CBCA, since the dispute was over the terms of a GSA Schedule contract and not over contract performance, proper procedures call for a decision from the GSA Schedule contracting officer before the CBCA can weigh in on the dispute.
Continue Reading Agency First! – CBCA Refuses Jurisdiction over Contractor’s Challenge of Wage Rate Adjustments Despite Final Decision from Contracting Officer
GSA Remains Confident in the Benefits of the Transactional Data Reporting Rule
According to the Federal Acquisition Service (FAS) Commissioner, Tom Sharpe, the General Services Administration (GSA) remains committed to a smooth transition in implementing the final rule governing transactional data reporting, released on June 23, 2016. As we previously reported, the final rule significantly changes reporting requirements for the Federal Supply Schedules (FSS) program – requiring vendors to electronically submit monthly reports providing 11 transactional data elements, and in turn, eliminate Commercial Sales Practices (CSP) disclosures and the Price Reduction Clause (PRC).
Continue Reading GSA Remains Confident in the Benefits of the Transactional Data Reporting Rule
Update: GSA Requests Comments on Releasing Data Obtained through the New Transactional Data Reporting Rule
We recently authored an article outlining the provisions and ramifications of the General Services Administration’s (GSA) final rule governing transactional data reporting, released on June 23, 2016. As the most significant change to the GSA Federal Supply Schedules (FSS) program in the last two decades, the new rule requires each vendor subject to the provisions to electronically submit monthly reports that provide 11 transactional data elements and replaces the current requirements relating to Commercial Sales Practices (CSP) disclosures and the Price Reduction Clause (PRC). While many remain skeptical of the benefits of the new rule, the GSA believes the transactional data clause will reduce the administrative burden on contractors, promote competition and transparency, and benefit small businesses that often lack the necessary resources to devote to business intelligence and development.
Continue Reading Update: GSA Requests Comments on Releasing Data Obtained through the New Transactional Data Reporting Rule
Set-Aside Alert Article Discusses Impact of Supreme Court’s Kingdomware Decision
I provided comments for an article outlining the U.S. Supreme Court’s decision in Kingdomware, requiring the Department of Veterans Affairs (VA) to set-aside contracts and Federal Supply Schedule orders for eligible veteran-owned businesses under the Rule of Two.
The full article, “Supreme Ct. Backs Kingdomware: Vet Preference Applies to All VA Contracts,” was
Major Changes to GSA’s Federal Supply Schedules Program
On June 23, 2016, the General Services Administration (GSA) released a final rule that will result in the most significant change to the GSA Federal Supply Schedules (FSS) program in the last two decades. 81 FR 41103 (New Rule). The New Rule introduces a transactional data reporting element to the FSS program, effectively replacing the current requirements relating to Commercial Sales Practices (CSP) disclosures and the Price Reduction Clause (PRC).
Under current FSS regulations, contractors are required to submit CSP disclosures with their initial offer for a FSS contract, which includes a broad disclosure of discounts the contractor offers to commercial customers for similar products and services. The CSP disclosures are used to identify a “tracking customer,” which consists of a customer or category of customers that will be tracked to identify pricing discounts to GSA customers. The PRC requires the contractor to monitor its ongoing commercial sales to ensure that the government receives the same price reductions given to the “tracking customer.” Through the New Rule, GSA is replacing the CSP disclosures and PRC requirements with a different method of award monitoring: transactional data reporting.Continue Reading Major Changes to GSA’s Federal Supply Schedules Program