Commercial Items / GSA Schedules
The government routinely looks to the commercial marketplace to fulfill its needs for goods and services. However, selling a commercial item to the government is not as simple as selling to a commercial customer. There are numerous rules, regulations and various contract types that apply to commercial items.
Jackson Kelly has vast experience with all aspects of commercial item contracting. Attorneys have worked with clients – both experienced contractors and those new to government contracting – to assess whether, and/or ensure, that an item or service qualifies as “commercial” under the Federal Acquisition Regulation (FAR). The Firm has also represented both prime and subcontractors in negotiating subcontracts for commercial items, including application flow-down FAR clauses. In addition, attorneys have assisted clients with certifications, commercial sales practices disclosures and allegations of defective cost and pricing data.
One popular method of selling commercial items to the government is the multiple award schedule administered by the General Services Administration (GSA). Having a GSA schedule contract can be extremely rewarding; however, successfully navigating the complex requirements can be equally difficult. The Firm often helps clients determine whether to pursue GSA or other multiple award schedules by ensuring their understanding of the legal requirements and risks associated with these contract types. Attorneys also regularly advise clients in connection with obtaining and amending GSA schedule contracts.
Advised publicly-traded software and IT services firm in connection with its response to a GSA Inspector General audit of price reduction clause and Industrial Funding Fee compliance.
Counseled commercial products company concerning potential mandatory disclosure GSA Inspector General relating to Price Reductions Clause issues.
In a procurement set aside exclusively for GSA schedule holders, protested award to a contractor whose schedule did not contain all the required items in the RFP.
Click here to see relevant posts to the Jackson Kelly Government Contracts Monitor.