Are GSA Schedules Commercial?
As the owner of a business, you might be wondering how do your accustomed commercial practices apply to the GSA government contracting will they apply, in the first hand? Should an RFQ published by some federal agency on a federal acquisition platform conform to your company's commercial practices? Let's see.
GSA government contracts
The Federal Supply Schedules GSA programs allow federal agencies to procure commercial products and services with reduced hassle and via simplified purchase procedure. The indefinite delivery terms allow agencies to resupply products and re-order services without the need to open another solicitation.
The acquisition process through FSS GSA Multiple Awards Schedules is regulated by FAR Part 8.4, Federal Supply Schedules, and FAR Part 38, Federal Supply Schedule Contracts. FSS contracts are awarded to businesses on the basis of competitive bidding.
Do commercial practices apply to GSA schedules?
First of all, let's remember that federal acquisition of commercial items is regulated by the Federal Acquisition Regulations, part 12. FAR 12 specifically states that:
Contracting officers shall use the policies unique to the acquisition of commercial products and commercial services prescribed in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in part 13, Simplified Acquisition Procedures; part 14, Sealed Bidding; or part 15, Contracting by Negotiation, as appropriate for the particular acquisition.
As you can see, according to FAR 12, when assessing possible GSA contract award, GSA contracting officers must take into account certain commercial practices as described below in this part of the Federal Acquisition Regulations document. But what is meant by "appropriate"? What kind of commercial practices are appropriate for your type of product or service? Does this statement include GSA pricing?
The FAR section 12.213 reads:
It is a common practice in the commercial marketplace for both the buyer and seller to propose terms and conditions written from their particular perspectives. [ ] However, market research may indicate other commercial practices that are appropriate for the acquisition of the particular item. These practices should be considered for incorporation into the solicitation and contract if the contracting officer determines them appropriate[ ]
Basically, this means: yes, a GSA agreement between your business and the agency can apply certain commercial practices of your company to the GSA contract, but if the market research shows that there are better options on the commercial market, such practices can be included into the solicitation, even if you do not agree.
However, even though clauses in the RFQ may be inconsistent with your commercial practices, there are still options you can use to tailor the GSA contract to federal government regulations and respect your own interests. How? By hiring a GSA contracting expert, of course.
Price Reporter is a team of such seasoned experts. We already helped hundreds of commercial companies to win and maintain GSA awarded contracts in various MAS categories, including Schedules in product acquisition and GSA service Schedules. With our guidance, you can avoid many hidden pitfalls on the way to a GSA contract. We can help you search for the best contracting opportunities as well as to maintain your contract, place bids to win, negotiate better prices and more.
If you want to get a GSA Schedule contract, please don't hesitate to contact us.