GSA’s Big Changes in 2020, Part 3: With GSA’s Schedule Consolidation, What Is Changing and What Is Not

Merle M. DeLancey Jr.

This is the third in a series of posts regarding the General Services Administration’s (“GSA”) consolidation of its federal supply schedules into one schedule contract. Our prior posts addressed GSA’s consolidation process in general and its use of Category Management in constructing the consolidated schedule. Here, we answer common industry questions regarding what is and is not changing as a result of schedule consolidation. Continue reading “GSA’s Big Changes in 2020, Part 3: With GSA’s Schedule Consolidation, What Is Changing and What Is Not”

GSA’s Big Changes in 2020, Part 2: Category Management and the New Consolidated Schedule

Merle M. DeLancey Jr.

This is the second in a series of blogs regarding the General Services Administration’s (“GSA”) Multiple Award Schedule consolidation. Previously, we addressed GSA’s three phases of consolidation. In this post, we focus on certain fundamental, structural changes to the consolidated schedule made during Phase I.

Category Management Comes to the GSA Federal Supply Schedule Program

Generally speaking, GSA’s restructuring can be labeled Category Management. Over the last year, the GSA Category Management Leadership Council and the Office of Management and Budget developed a government-wide category structure to support category management implementation across the federal government.

For years, there has been an increase in Special Item Numbers (“SINs”) under the 24 schedules. Schedules and SINs often overlapped. GSA preferred the overlap as opposed to having gaps in product and services offerings. The overlap, however, led to agency and Federal Supply Schedule (“FSS”) contract-holder confusion. And, as a result, contractors made sure to have their products and services listed under all potentially applicable schedules and SINs. This caused increased administrative work for all involved and less efficient agency purchasing as contracting officers sought to make sure contracting opportunities captured all potential vendors. Continue reading “GSA’s Big Changes in 2020, Part 2: Category Management and the New Consolidated Schedule”

GSA’s Big Changes in 2020, Part 1: Federal Supply Schedules Consolidation

Merle M. DeLancey Jr.

2020 may prove to be one of the most active years for federal contractors holding General Services Administration (“GSA”) Federal Supply Schedule (“FSS”) contracts and certain federal contractor registration requirements managed by GSA. This post is the first of a series on GSA’s changes and addresses GSA’s most publicized action—the consolidation of its federal supply schedules into one schedule.

As promised, in October 2019, GSA released a solicitation that consolidated the solicitations for its 24 federal supply schedules into one solicitation to obtain an FSS contract. GSA’s consolidation involves three Phases. Continue reading “GSA’s Big Changes in 2020, Part 1: Federal Supply Schedules Consolidation”

GSA Announces Pilot Plan for Commercial E-Commerce Portals

Luke W. Meier

The effort to create an “Amazon-like” market for Government purchasing has taken another step forward. After completing its market consultation phase, the General Services Administration (“GSA”) has now put forth a proposal for an e-commerce test portal, through which federal agencies will be able to purchase commercial products from a select group of vendors that will set up new online marketplaces specifically for federal purchasing. (See Phase II Report here.)

To simplify regulatory requirements, all purchases on the test portal must be within the micro-purchase threshold—currently $10,000 for most types of purchases. To expand the breadth of its trial run, GSA has asked Congress to temporarily raise the micro-purchase threshold to $25,000 “for a limited period of five years,” only with respect to purchases “through GSA-approved commercial e-commerce portals.”

The scope of the trial program also will depend on which (and how many) vendors receive the “initial proof of concept contracts” to sell products through portals during the trial run. To avoid being locked in to a single supplier, GSA has said it needs “at least two [vendors] or we won’t award.” Will Amazon itself be a vendor? Right now, GSA says it is unclear “if Amazon will compete” for a spot in the pilot program.

Contractors with an interest in the direction of this effort should continue to express their views. Feedback from the pilot program will guide GSA’s next steps as it decides how to move forward with the commercial e-commerce purchasing concept.

Trade Agreements Act Compliance: Some Welcome News for Some Federal Contractors, But Will It Last?

Merle M. DeLancey Jr.

Recently, the United States District Court for the District of Columbia dismissed a qui tam action involving allegations of fraud in connection with country of origin requirements imposed by the Trade Agreements Act (“TAA”). United States ex rel. Folliard v. Comstor Corp., 308 F.Supp.3d 56 (D.D.C. 2018).

Comstor involved a False Claims Act (“FCA”) action filed by a serial whistleblower who alleged two contractors violated the FCA by selling non-TAA compliant products on their General Services Administration (“GSA”) Federal Supply Schedule (“FSS”) contracts to federal government customers. Depending on the dollar value of the acquisition, most procurements are subject to either the Buy American Act (“BAA”) or TAA. Currently (2018), the BAA applies to supply procurements valued at or below $180,000. Accordingly, the TAA currently applies to such procurements valued in excess of $180,000. GSA has determined the TAA applies to FSS contracts. Continue reading “Trade Agreements Act Compliance: Some Welcome News for Some Federal Contractors, But Will It Last?”