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.
As part of implementing the final rule, the GSA has requested comments on which data elements should be released to the public and which elements are exempt under the Freedom of Information Act (FOIA). As of now, the GSA plans to release nine of the 11 elements reported under the final rule. Aside from the quantities of items sold and the price paid per unit – exempt from release under the FOIA – the remaining information collected by the GSA will be made public through a public data extract. In an effort to reduce duplicative and inefficient contracts, the GSA hopes to make public the following elements:
- Contract and Part Numbers
- Delivery/Task Order/Procurement Instrument Identifier
- Non-Federal Entity
- Description of the Deliverable
- Manufacturer Name
- Units of Measure
- Universal Product Code (UPC)
- Total price
Written comments in response to “Notice FAS-2016-01; Seeking Input on the Public Release of Data Collected through Transactional Data Reporting Instructions” may be submitted through http://www.regulations.gov until August 29, 2016. Alternatively, comments may also be mailed to GSA, Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Fl., ATTN: Ms. Flowers, Washington, D.C. 20405.
The full article, “Major Changes to GSA’s Federal Supply Schedules Program” was published on June 29, 2016, and is available on our blog.