GSA Publishes Transactional Data Reporting Rule Transforming Schedule Contracting Landscape

On June 23, 2016, GSA issued a long-awaited final rule that significantly alters the regulatory landscape for contractors who hold Federal Supply Schedule (FSS) contracts and other government-wide contracting vehicles. The new rule, which is known as the Transactional Data Reporting rule, is the most significant change to the FSS program in more than two decades because it (1) eliminates the disclosure requirements of the Price Reductions Clause (PRC) and Commercial Sales Practices (CSP), and (2) replaces them with a requirement to report 11 items of transactional data to GSA each month using a centralized online portal. These changes do not extend to schedule contracts with the Department of Veterans Affairs. Although this new model promises to give GSA contracting officers greater flexibility in evaluating offers and price reasonableness, there is still significant uncertainty as to how the rule will be applied in practice.