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Price Reductions Are Dead; Long Live Price Reduction - Transactional Data Reporting Rule

You no doubt have heard by now about GSA’s 23 June effort to “embrace  modern  technology while moving away from outmoded practices” – specifically, its implementation of the new Transactional Data Reporting Rule (“TDR Rule”) and its concurrent elimination of the Price Reductions Clause (“PRC”) and the Commercial Sales Practices Format (“CSPF”).  See 81 Fed. Reg. 41104 (June 23, 2016). The new rule covers certain GSA Multiple Award Schedules as well as the Agency’s GWAC and IDIQ contracts.   As it represents the most significant change to the GSA MAS program since  1994  (when  GSA  removed  federal  sales  as  a PRC trigger), the new rule has the potential to change significantly the way Schedule contractors (and others) do  business;  hence,  my  willingness  to  interrupt  your otherwise enjoyable day with a treatise on GSA Schedule contracting.

Speaking generally, the Final Rule, effective 60 days after 23 June, reflects a trade with industry. In exchange for your willingness to accept the increased burden of tracking and reporting detailed transaction-level federal sales data, GSA will eliminate the PRC and CSPF – and the complexity, burden, and risk that comes with those two much-maligned provisions – from your contract. So, as my grandmother used to say, what’s not to like?

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Copyright © 2021, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume VI, Number 207
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About this Author

Jonathan S. Aronie, Government Contracts Attorney, Sheppard Mullin, law firm
Partner

Jonathan S. Aronie is the co-Managing Partner of the Washington, D.C. office and a partner in the Government Contracts, Investigations & International Trade Practice Group. Mr. Aronie counsels and represents large and small clients in some of the country's largest and most prominent classified and unclassified Government contracts matters, including bid protests, claims, self-disclosures, internal investigations, DOJ investigations, and False Claims Act Investigations.

Areas of Practice

Mr. Aronie’s...

202-218-0039
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