Thirteen Thoughts for 2013 continues this week with Thought No. 3: ODCs in 2013!(?)   As you know, throughout the last year the Coalition for Common Sense in Government Procurement (the Coalition) has highlighted the fundamental value to customer agencies of the inclusion of ODCs and materials (at cost) in Multiple Award Schedule (MAS) contracts.  The Coalition has [...]

Guest Bloggers:  Christopher Loveland and Jonathan Aronie, Sheppard Mullin Richter & Hampton LLP Since 2005, anyone with even a passing familiarity with GSA’s Multiple Award Schedules Program knows that compliance with the Trade Agreements Act is a key enforcement area of the Office of Inspector General, the Department of Justice, and whistleblowers.  It was in [...]

Guest Blogger:  Phil Seckman, Partner, McKenna Long & Aldridge LLP A March 2, 2012, final rule requiring competition for certain orders placed under Federal Supply Schedule (“FSS”) contracts increases the burdens on agencies before schedule orders can be placed.  The trend toward increased complexity is eroding GSA’s ability to legitimately tout the MAS program as [...]

On December 29,2011, the General Services Administration (GSA) issued a Federal Register notice entitled “General Services Administration Acquisition Regulation; Information Collection: Price Reductions Clause.”  In accordance with the Paperwork Reduction Act the notice informs the public that GSA “will be submitting to the Office of Management and Budget (OMB) a request to review and approve [...]

This week an update on the IT Schedule 70 software licensing issue and the way forward. As you know, last week I suggested including a new contract clause in the IT Schedule 70 contracts addressing conflicts between commercial license terms and federal law and regulation. Here again is the suggested language: The parties acknowledge and [...]

The $50 billion GSA MAS program is where federal requirements and commercial practices intersect creating a highly competitive governmentwide commercial marketplace. As the federal government’s largest commercial item contracting program, it is imperative that MAS contracts efficiently and effectively reconcile government requirements and commercial practices. With thousands of contracts covering millions of items, the ability [...]

As you all know, the Coalition is developing a list of best practices for the effective and efficient use of Blanket Purchase Agreements (BPAs) under the Federal Supply Schedule (FSS) program. Once completed, the “best practices” list, with supporting explanations, will be shared with the federal procurement community. The week’s “Comment” provides a sneak peak [...]