Photo of Lorraine M. CamposPhoto of Adelicia R. CliffePhoto of Liam O'ReillyPhoto of Alexandra Barbee-Garrett

On July 18, the GSA Office of the Inspector General (OIG) issued an Alert Memorandum both broadcasting and criticizing the Federal Acquisition Service’s (FAS) apparent decision to expand the Transactional Data Reporting (TDR) rule to the entire Multiple Award Schedule (MAS). The TDR Pilot Program studied the potential for TDR to reduce the compliance burdens of the MAS program by replacing the various requirements Federal Supply Schedule (FSS) contractors must fulfill to ensure the pricing offered to GSA customers is fair and reasonable, including the obligation to make Commercial Sales Practice disclosures and to track commercial pricing and discounts to the negotiated Basis of Award customer under the Price Reductions Clause. The GSA OIG previously criticized the TDR Pilot Program.

In its Alert Memorandum, the OIG highlights two “persistent issues” with the TDR Pilot Program. First, the OIG found that the data underlying the TDR Pilot Program is inconsistent. Specifically, the OIG found (1) a misalignment between TDR product part numbers and product descriptions on the one hand and those part numbers and descriptions in contractors’ MAS contracts on the other; and (2) a lack of standard part numbers for labor categories on professional services contracts that constituted approximately 75.5% of the total FSS sales in 2021. According to the OIG, these inconsistencies render it “almost impossible” to match TDR data to MAS contracts for goods, and standardize TDR data across MAS contracts for services. 

Second, the OIG found that contracting personnel never actually used TDR data for pricing decisions during the Pilot Program. As a result, the OIG’s Alert Memorandum expresses concern that GSA is expanding the TDR Pilot Program—and making the underlying data available to all FAS contracting personnel for pricing evaluations—without having observed how contracting personnel use the TDR data, or evaluating the effects of that use. The OIG’s Alert Memorandum concludes that the TDR Pilot Program places government agencies at further risk of overpaying for products and services when ordering from FAS’ MAS contracts and calls into question the TDR Pilot Program’s continued viability. Nonetheless, the TDR Pilot Program has been well-received by industry, and FAS’ continued support for TDR should be a positive sign for contractors.

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Photo of Lorraine M. Campos Lorraine M. Campos

Lorraine M. Campos is a partner and member of the Steering Committee of Crowell & Moring’s Government Contracts Group and focuses her practice on assisting clients with a variety of issues related to government contracts, government ethics, campaign finance, and lobbying laws. Lorraine…

Lorraine M. Campos is a partner and member of the Steering Committee of Crowell & Moring’s Government Contracts Group and focuses her practice on assisting clients with a variety of issues related to government contracts, government ethics, campaign finance, and lobbying laws. Lorraine regularly counsels clients on all aspects of the General Services Administration (GSA) and the U.S. Department of Veterans Affairs (VA) Federal Supply Schedule (FSS) programs. She also routinely advises clients on the terms and conditions of these agreements, including the Price Reduction Clause, small business subcontracting requirements, and country of origin restrictions mandated under U.S. trade agreements, such as the Trade Agreements Act and the Buy American Act. Additionally, Lorraine advises life sciences companies, in particular, pharmaceutical and medical device companies, on federal procurement and federal pricing statutes, including the Veterans Health Care Act of 1992.

Lorraine has been ranked by Chambers USA since 2013, and she was recognized by Profiles in Diversity Journal as one of their “Women Worth Watching” for 2015. Additionally, Lorraine is active in the American Bar Association’s Section of Public Contract Law and serves as co-chair of the Health Care Contracting Committee.

Photo of Adelicia R. Cliffe Adelicia R. Cliffe

Adelicia Cliffe is a partner in the Washington, D.C. office, a member of the Steering Committee for the firm’s Government Contracts Group, and a member of the International Trade Group. Addie is also co-chair of the firm’s National Security practice. Addie has been…

Adelicia Cliffe is a partner in the Washington, D.C. office, a member of the Steering Committee for the firm’s Government Contracts Group, and a member of the International Trade Group. Addie is also co-chair of the firm’s National Security practice. Addie has been named as a nationally recognized practitioner in the government contracts field by Chambers USA.

Photo of Liam O'Reilly Liam O'Reilly

William B. O’Reilly is a counsel in Crowell & Moring’s Washington, D.C. office, where he is a member of the firm’s Government Contracts Group.

Liam assists clients with all phases of government contracting, including contract formation and award controversies, performance counseling, and claims…

William B. O’Reilly is a counsel in Crowell & Moring’s Washington, D.C. office, where he is a member of the firm’s Government Contracts Group.

Liam assists clients with all phases of government contracting, including contract formation and award controversies, performance counseling, and claims and disputes litigation. His practice includes representing clients in bid protests before the Government Accountability Office and U.S. Court of Federal Claims. Liam also regularly advises clients on supply chain risk management, addressing issues such as cybersecurity, country of origin and domestic preferences, and counterfeit part detection and avoidance, as well as conducting internal investigations and mandatory disclosures for performance breaches and potential violations of the False Claims Act (FCA).

Photo of Alexandra Barbee-Garrett Alexandra Barbee-Garrett

Alexandra Barbee-Garrett is an associate in Crowell & Moring’s Washington, D.C. office, where she practices in the Government Contracts Group.

Alex represents government contractors in both litigation and counseling matters. Her practice includes bid protests before the Government Accountability Office (GAO), the U.S.

Alexandra Barbee-Garrett is an associate in Crowell & Moring’s Washington, D.C. office, where she practices in the Government Contracts Group.

Alex represents government contractors in both litigation and counseling matters. Her practice includes bid protests before the Government Accountability Office (GAO), the U.S. Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit. Alex’s practice also focuses on federal regulatory compliance, mandatory disclosures to the government, contract disputes under the Contract Disputes Act (CDA), prime-sub disputes, and False Claims Act and internal investigations.

Prior to joining Crowell & Moring, Alex was a law clerk to Judge Richard A. Hertling of the U.S. Court of Federal Claims and a government contracts associate at another large law firm. Alex graduated honors from The George Washington University Law School, where she was an articles editor of The Public Contract Law Journal. Alex won the 2015 Government Contracts Moot Court Competition and served as chair for the 2016 competition. Prior to law school, Alex worked as a health care legislative assistant for Rep. Rick Larsen (WA) in the U.S. House of Representatives. She received her B.A. in international studies and anthropology from the University of Washington.