THESE ISSUES DIRECTLY IMPACT GSA SCHEDULE & OTHER COMMERCIAL CONTRACTORS

In case you missed it, there are three issues circulating right now that could have a substantial impact on GSA Multiple Award Schedule contractors and, other commercial item contractors.  No contractor should ever assume that there’s nothing new under the GSA contracting sun.

1.  The GSA IG Criticizes Both CSP and TDR-based Schedule Price Determinations:  A new GSA IG report issued last week again takes agency contracting officials to task for real or perceived reliance on improper information to make price reasonableness determinations.  This finding will likely increase pressure on contractors to provide still more information when seeking new contracts, contract modifications, and contract renewals.  The GSA IG is never happy with the Schedules program so no one else can be, either.

2.    A Reg That Could Bring the Rule of Two To Schedule Contracts is Moving Forward: FAR Case 2023-011 is now moving to a proposed rule.  Contractors doing business on multiple award IDIQ contracts must pay close attention to this rule as it could implement the small business “Rule of Two” on many multiple award contract task orders, including those made via GSA Schedule contracts.   This could tilt the multiple award world substantially and companies should make sure their voices are heard.

3. Federal District Court Rules Qui Tam Provisions Unconstitutional: A federal judge in Florida recently dismissed a False Claims Act case brought by a whistleblower stating that the qui tam provisions of the False Claims Act are unconstitutional.  This could have a significant impact on the great majority of False Claims Act cases, but no one should break out the champagne just yet.  It’s a lock-dead certainty that DOJ and plaintiffs’ bar attorneys will seek different rulings from other courts setting up a potentially long-term legal showdown.  No one can ever say that government procurement and contracting is uneventful.