Weekly Update Newsletter - March 2015

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GOVERNMENT CONTRACTS 

GSA Issues Notice of Public Meeting and Request for Comment on Proposed Rule to Amend GSAR Transactional Data Reporting

The General Services Administration (GSA) issued a notice of public meeting and request for comments on a proposed rule to amend the General Services Administration Acquisition Regulation (GSAR) to include clauses that would require vendors to report transactional data from orders and prices paid by ordering activities, 80 Fed. Reg. 11619. This includes orders placed against both Federal Supply Schedule (FSS) contract vehicles and GSA’s non-FSS contract vehicles, Governmentwide Acquisition Contracts (GWACs), and Governmentwide Indefinite-Delivery, Indefinite-Quality (IDIQ) contracts. For FSS vehicles, the clause would be introduced in phases, beginning with a pilot for select products and commoditized services. The new clause will be paired with changes to the basis of award monitoring requirement of the existing price reductions clause, resulting in a burden reduction for participating FSS contractors. This rulemaking does not apply to the Department of Veterans Affairs (VA) FSS contract holders.  The GSA is seeking feedback on potential impacts to agency customers and contractors. Interested parties may offer oral and/or written comments at a public meeting to be held on April 17, 2015.  Additionally, interested parties may submit written comments by May 4, 2015.  

Yelp-Like Rating System Coming to IT Procurement

The Office of Federal Procurement Policy (OFPP) Administrator Anne Rung stated, at the Acquisition Excellence conference on March 3, 2015, that the OFPP will be issuing guidance in the coming weeks, entitled Acquisition 360 Rating Process.  The guidance will require agencies to rate vendors and for vendors to rate agencies on specific high dollar IT procurements. The new guidance will not only ask the industry to rate specific IT procurements, but also ask contracting mangers to rate program managers and vice versa. Rung said the guidance will further implement a pilot program the General Services Administration did last year with its OASIS professional services government wide acquisition contract.  Yelp-Like Rating System Coming to IT Procurement.   

NASA Issues Final Rule to Amend NFS Contractor Whistleblower Protections

The National Aeronautics and Space Administration (NASA) issued a final rule, an adopted interim rule without change, to amend the NASA FAR Supplement (NFS) to implement Contractor Whistleblower Protections, 80 Fed. Reg. 11138

Committee for Purchase From People Who Are Blind or Severely Disabled  The Following Notice Was Issued: 

80 Fed. Reg. 10668, February 27, 2015, adding a service (Mail Service, U.S. Air Force, Official Mail Center & Postal Service Center, 740 Arnold Avenue, Suite 1B, Whiteman AFB, MO) and delete products (Case, Flag, Hardwood; Envelope, Inter-Departmental, Red Kraft; Envelope, Inter-Departmental, Yellow Kraft; Envelope, Inter-Departmental, Blue Kraft; Envelope, Inter-Departmental, 5-column, 100% recycled; Envelope, InterDepartmental, 3-column; Envelope, Inter-Departmental, 5-column; Gateway Community Industries, Inc., HP C4092A compatible, Skilcraft Toner Cartridge; Card Set, Guide, File, Pressboard, Alphabetical, 1/5 Cut, Light Green, 8\1/2\'' x 11'') and a service (Grounds Maintenance Service, Oakland Army Base and Naval Supply Center, Oakland, CA) from the Procurement List.  Comments on the proposed addition and deletions are due March 30, 2015. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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