Category Archives: GSA

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Surprise, Surprise, Congress Does Listen — Well, Kind Of

An Analysis of NDAA Section 846’s Online Marketplace Provisions There has been a lot of speculation about the future of commercial items purchasing within the federal Government since Representative Mac Thornberry circulated his “Section 801” proposal to hand over the bulk of DOD COTS purchasing to one or two existing online commercial marketplaces. (See Section … Continue Reading

Change Is Upon Us: An Analysis of the Section 801 COTS Provisions of the 2018 NDAA

In the words of Taylor Swift, “This is a new year. A new beginning. And things will change.” While I suspect Ms. Swift was not writing about Section 801 of the National Defense Authorization Act of 2018 when she tweeted this inspirational prognostication, she might as well have been – although, admittedly, it probably would … Continue Reading

House Armed Services Committee Takes Aim at GSA with Proposed Legislation

On May 18, 2017, House Armed Services Committee Chairman Mac Thornberry introduced H.R. 2511, titled “The Defense Acquisition Streamlining and Transparency Act.” The bill drastically would change how commercial off-the-shelf (“COTS”) products are acquired by the Department of Defense, and could signal the end of the line for the GSA Schedules program. This bill aims … Continue Reading

Price Reductions Are Dead; Long Live Price Reductions

You no doubt have heard by now about GSA’s 23 June effort to “embrace  modern  technology while moving away from outmoded practices” – specifically, its implementation of the new Transactional Data Reporting Rule (“TDR Rule”) and its concurrent elimination of the Price Reductions Clause (“PRC”) and the Commercial Sales Practices Format (“CSPF”).  See 81 Fed. Reg. … Continue Reading

What GSA Can Learn from the National Parks Service

Note: The following post is adapted from the forthcoming 2016/2017 GSA Schedule Handbook, published by ThompsonWest, due out later this year. Any way you look at it, 2016 will be an interesting year.  You may have heard there is an election on the horizon.  That’s right; in November 2016, U.S. voters will trudge down to … Continue Reading

Understanding the Scope of Federal Supply Schedule Labor Category Descriptions: Risks and Opportunities Presented by the GAO’s AllWorld Language Consultants Decision

In a Federal Supply Schedule (“FSS”) procurement conducted under FAR Subpart 8.4, all items quoted and ordered by the agency are required to be available on the vendor’s schedule contract as a precondition to its receiving the order. This means, in the case of a task order for services, that all of the solicited labor … Continue Reading

As GSA FAS Struggles to Reinvent Itself, Contractors Suffer

Note: The following post is adapted from the forthcoming 2015/2016 GSA Schedule Handbook, published by ThompsonWest, due out later this year. The last year has been a tough one for the GSA Multiple Award Schedules (“MAS”) program.  The Federal Acquisition Service (“FAS”) – the agency charged with administering the MAS program – has struggled to … Continue Reading

“INCOMPLETE, INACCURATE, AND UNVERIFIABLE”: An Evening with the OIG’s Recent Audit Report on GSA’s Administration of Contractor Team Arrangements

Partner Jonathan Aronie recently published a review of the General Services Administration’s (“GSA”) Office of the Inspector General (“OIG”) Report concerning Contractor Team Arrangements (“CTA’s”) for the Coalition for Government Procurement.  After laying out the auditor’s objectives summarizing the core principles of a CTA, Mr. Aronie discusses the risks associated with CTAs for government contractors … Continue Reading

Non-Protestable Task Order Procurement Decision Shuts Out Incumbent Contractor

A recent decision by the U.S. Court of Federal Claims (“COFC”) serves as a reminder on the limits a contractor faces in protesting task and delivery order awards. In MORI Associates, Inc. v. United States, No. 13-671C (2013), the COFC dismissed the pre-award bid protest by MORI, the incumbent contractor, for lack of jurisdiction because … Continue Reading

What Happens In Vegas Doesn’t Seem To Stay In Vegas: A Different Take on GSA’s Recent Woes

By John Chierichella and Jonathan Aronie Note: The following post is adapted from the forthcoming 2012/2013 GSA Schedule Handbook, published by ThompsonWest, due out later this year. The past 12 months were interesting ones for the Multiple Award Schedule Program. To the dismay of many, and the embarrassment of some, the General Services Administration seems … Continue Reading
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