If you were mandated to accept the Transactional Data Reporting provisions there is now a path to reverse to legacy clauses.
As stated by Mary Davie, Acting Deputy Commissioner of FAS, GSA has decided to make the Transactional Data Reporting (TDR) Pilot Program voluntary for those vendors initially included in the program. Since it’s 2016 introduction by Tom Sharpe, TDR was met with skepticism by industry concerned with how the transactional data would be used and made public. The TDR pilot program has been burdensome for contractors since its roll-out requesting contractors to update or re-work their current accounting and tracking systems to allow for monthly transactional reporting. The benefits are promising, however, with the elimination of the Commercial Sales Practice (CSP-1) as well as the Price Reduction Clause (PRC); this has been an industry request for 20 years. This idea seemed great initially, but as industry questions arose about how Industrial Operations Analyst visits (IOA) will be conducted, direction from contracting officers (CO) was limited. Having spoken with various CO’s at industry days, most stated that there will be available training for the process and until then TDR was not to be accepted until the time of schedule renewal. GSA has now stated that due to its early success and participation, new vendors will have the option to decline TDR thus reinstating the tracking of the CSP-1 and PRC.
Which Contractors can get out of TDR?
GSA will conduct an analysis on which vendors are eligible to revert to legacy clauses. Keep in mind that not all vendors who voluntarily accepted Mass Mod A509 will be allowed to revert to legacy clauses. However, vendors who were mandated to accept TDR will now be able to “opt out” through the modification process and reinstate the CSP-1 and PRC requirements. In a recent announcement GSA published the following:
“For those contractors who were previously required to accept TDR, GSA is extending them the option to execute a one-time reverse modification to undo this action and work with their contracting officer to revert back to operating under the structure and tracking requirements of the price reduction clause”
Future Solicitation may include mod process to “opt in” for TDR. However, if you opt-in, you cannot revert to legacy clauses. GSA doesn’t want people going back and forth. On September 12th, GSA hosted a webinar to help provide additional information about TDR.
Answers Provided on Transactional Data Reporting Updates
How will my reporting revert to the 72a system?
- You will begin reporting in the 72a system on the 1st day of the next business quarter.
- You will continue to use the TDR monthly reporting system until the mod has been awarded.
So, what does reinstating the CSP-1 and PRC mean for future IOA visits or negotiations?
- Reverting to legacy clauses will re-establish the BOA/MFC category, Commercial Sales Practice (CSP-1), and Price Reduction Clause.
- GSA hasn’t specifically stated if discounts will be re-negotiated but a plan of action is a good idea to have in place.
- Master IOA Carrie Cuevas was on webinar and stated she is not aware of any structure changes for IOA visits. TDR review vs Legacy Clauses review.
What kind of modification/documentation is required by my CO to remove TDR?
- A solicitation refresh will be coming Mid October. Look out for Mass Mod
- No Mod type has been identified yet so your PCO will notify you if you are eligible and will provide instructions on how to revert.
- You must respond within 60 days of notification. Otherwise, CO will assume your voluntary continuation on TDR.
What schedules are affected?
- Currently, No additional SINs will be added to the TDR pilot program. Only those are already participating will continue to offer TDR as voluntary.
TDR Pilot Schedules and SINs include:
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In addition to TDR, they mentioned that GSA will continue to push for Formatted Price Tool (FPT) across all product schedules but still deciding which schedules to convert to FPT first. More info to come in FY 2018. Webinars are in the works but nothing scheduled yet.
Find a link to the slides from September 12th at 1:00PM EDT:
When you receive the notification to modify, Coley can assist you if you need help in reversing TDR.
Ramiro is a Certified Federal Contracts Manager (CFCM) and as a Senior Consultant with Coley GCS, LLC, a Government Contracts Consulting, Coaching and Training company. Ramiro has over 10 years’ experience helping companies succeed with their GSA schedules.