GSA clarifies the future of transactional data reporting in the federal supply schedule program
2021 PRINDBRF 0184
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By Lorraine M. Campos, Esq., Adelicia R. Cliffe, Esq., and William B. O'Reilly, Esq., Crowell & Moring
Practitioner Insights Commentaries
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May 28, 2021
(May 28, 2021) - Crowell & Moring attorneys Lorraine Campos, Adelicia Cliffe and William O'Reilly highlight the planned expansion of the Federal Supply Transactional Data Reporting pilot program.
On April 27, 2021, the General Services Administration (GSA) announced1 its intention to not only continue but expand the Federal Supply Schedule (FSS) Transactional Data Reporting (TDR) pilot program, based on a third consecutive year of positive results.
Since 2016, GSA's pilot has studied the potential for TDR to replace the various onerous requirements FSS contractors must currently fulfill to ensure the pricing offered to GSA customers is fair and reasonable, including the obligation to make Commercial Sales Practice disclosures and to track commercial pricing and discounts to the negotiated Basis of Award customer under the Price Reductions Clause.
Although the TDR pilot program has been well-received by industry participants, the GSA Federal Acquisition Service's silence on the program after extending it through FY2020 raised concern over the future of TDR, particularly in the face of published criticism2 of the TDR pilot program by the GSA Office of Inspector General.
This announcement is therefore welcome news to many existing and future FSS contractors, for whom the future of TDR had been in some doubt over recent months. Contractors interested in TDR should reach out to their FSS contracting officer for additional guidance regarding the program's planned expansion.
Notes
1 https://bit.ly/34ewn5J
2 https://bit.ly/2QUgLkO
By Lorraine M. Campos, Esq., Adelicia R. Cliffe, Esq., and William B. O'Reilly, Esq., Crowell & Moring
Lorraine M. Campos, a partner and member of the steering committee of Crowell & Moring's Government Contracts Group, litigates on government contracts, ethics, campaign finance and lobbying laws. She counsels clients on the General Services Administration, the U.S. Department of Veterans Affairs Federal Supply Schedule programs, small business subcontracting requirements, the Trade Agreements Act and the Buy American Act. She can be reached at [email protected]. Adelicia R. Cliffe, a partner and a member of the firm's Government Contracts Group steering committee and the International Trade Group, practices in government contracts, international trade, national security compliance programs, the Buy American Act and the Trade Agreements Act. She can be reached at [email protected]. William B. O'Reilly, an associate and member of the firm's Government Contracts Group, represents clients in bid protests before the Government Accountability Office and the U.S. Court of Federal Claims. He can be reached at [email protected]. All of the attorneys are based in the firm's Washington, D.C., office. This article was originally published April 29, 2021, on the firm's website. Republished with permission.
Image 1 within GSA clarifies the future of transactional data reporting in the federal supply schedule program​Lorraine M. Campos
Image 2 within GSA clarifies the future of transactional data reporting in the federal supply schedule program​Adelicia R. Cliffe
Image 3 within GSA clarifies the future of transactional data reporting in the federal supply schedule program​William B. O'Reilly
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