Caveat Contractor: GSA's Proposed Transactional Data Rule
Law360, New York (April 24, 2015, 11:07 AM EDT) -- The U.S. General Services Administration is proposing a Faustian bargain for contractors in the proposed transactional data reporting pilot program (GSAR Case 2013-G504; Transactional Data Reporting; 80 Fed. Reg. 11,619 (March 4, 2015)). Like Mephistopheles, the GSA entices contractors with a trade. Trade the Price Reductions Clause (PRC) for the proposed transactional data reporting requirements. In reality, the two have very little to do with each other, except that getting rid of the PRC may be just too tempting for contractors. Make no mistake about it: There is no guarantee the proposed rule will pass competition from the marketplace on to benefit government customers. So, what could possibly induce contractors to volunteer to take on onerous and dangerous transactional reporting requirements? Yes, of course, getting rid of the dreaded PRC. What contractor could possibly resist?...
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