GSA TAKES INITIAL STEPS TO IMPLEMENT NONE-PRICED SCHEDULES

Some Schedule contracts may one-day not have contract-level pricing due to a move initiated by the General Services Administration recently that may culminate in the agency using authority given to it by Congress as part of the FY’19 Defense Authorization Act to establish Schedule contracts that leave price discussions to contractors and their customers. The recent issuance of an Advanced Notice of Proposed Rulemaking (ANPR) is the first step in setting up a possible pilot project.  The ANPR asks for comments on a host of issues, including whether task order type makes a difference, the type and breadth of professional services that could be part of the program, potential GSAR changes, and more.  The concept of a non-priced GSA Schedule contract has been discussed for nearly 30 years.  It would potentially eliminate the Schedules Price Reduction Clause as well as hourly labor rates now listed for an array of professional services.   While this initiative is likely to be popular with industry, contractors and GSA may have to work with customer agencies to provide assurance that Schedule contracts still offer a streamlined acquisition process and competitive pricing at the task order level.  Comments on the ANPR are due to GSA September 18thCompanies are strongly encouraged to comment.    See the link here for the ANPR, what GSA is asking for comments on, and how to submit comments:  https://www.federalregister.gov/documents/2020/08/19/2020-16681/general-services-administration-acquisition-regulation-gsar-increasing-order-level-competition-for