United States: Top Takeaways Concerning GSA's Final Rule On Transactional Data Reporting

Last Updated: July 6 2016
Article by Tina D. Reynolds

By now the entire government contracting community is well aware that one of the most significant changes in Federal Supply Schedule (FSS) contracting in years occurred last week, as the General Services Administration (GSA) issued its Final Rule on transactional data reporting.  The Final Rule amends the GSA Federal Acquisition Regulation supplement (GSAR) to require FSS contractors and others with certain GSA Government-wide Acquisition Contracts (GWACs), and Government-wide Indefinite-Delivery, Indefinite-Quantity (IDIQ) contracts to report transactional data related to orders placed under those contracts.

As we indicated over a year ago in a prior client alert, both the contracting community and the GSA Office of Inspector General had concerns with the draft transactional data reporting rule.  GSA has addressed some, but not all, of these concerns.  Below we highlight some of the major considerations relating to these watershed changes:

  1. Contractors should start now to set up systems for capturing transactional data.

The transactional data required to be reported to GSA will include such details as contract or  blanket purchase agreement number, delivery order or task order number, item descriptions, manufacturer name, part numbers, Universal Product Codes (if applicable), quantities purchased, and prices paid.  GSA will set up an electronic reporting system, into which contractors will upload the requisite data.  (Reporting instructions will be available on the GSA Vendor Support Center website, https://vsc.gsa.gov.)  Data will need to be reported monthly, and will be due
30 calendar days after the last day of the month.  Contractors must maintain a consistent method of transactional data reporting, based on their established commercial accounting practices.

According to GSA, reporting this information instead of tracking commercial pricing will result in a substantial burden reduction for contractors.  GSA also believes that the reported transactional data will be "instrumental for improving competition, lowering pricing, and increasing transparency."  Many commentators and contractors are not so sure the new tracking requirements will be implemented as easily as GSA expects.  Contractors should begin preparing now to set up systems and processes to accurately capture the requisite data in order to be ready once the new requirements apply to their contracts.  In addition, errors or omissions in the transactional data could subject contractors to allegations of False Claims Act violations.

  1. Contractors cannot just stop monitoring commercial pricing and discounts.

The most significant part of the new rule is that those contractors that report transactional data will no longer be subject to the existing requirements for Commercial Sales Practices (CSP) disclosures, and the GSAR Price Reductions clause (PRC) will no longer apply to them.  This means the end of the onerous requirement for contractors to monitor pricing and discounts to be certain that they are maintaining the relationship with their basis of award customer, so as not to trigger the PRC.

However, the new data reporting requirements will be implemented gradually, starting with new GSA government-wide vehicles and select FSS contracts and certain Special Item Numbers (SINs) under those contracts.1  Participation for many schedule holders initially will be voluntary.  The new transactional data requirements will only become mandatory for new schedule holders as the applicable Schedule is added to the pilot.  Existing Schedule holders will become subject to the new rule at the time to extend the terms of their contracts (although existing schedule holders are encouraged to enter into bilateral contract modifications to make the clauses applicable sooner).  For other, non-FSS types of pre-existing GWACs, the new rule provides that contracting officers can issue bilateral modifications implementing the new rule, or they can rely on existing data reporting requirements.

The relevant GSAR clauses implementing the new rule for FSS contracts are GSAR 552.238-74, Industrial Funding Fee and Sales Reporting, Alternate I and GSAR 552.238-75, Price Reductions, Alternate II, which eliminates the basis of award tracking customer requirement.  GSAR 552.216-75, Transactional Data Reporting, will be used for all new GWACs and Governmentwide IDIQs.  Until such time as these new clauses are in effect for a company's contracts, however, the PRC clause still applies.  It would be a mistake for contractors to prematurely stop monitoring sales to basis of award customers and/or updating CSP forms.

  1. Contractors should be wary of how their data will be protected and disclosed.

Some of the main concerns contractors had with GSA's draft rule concerning transactional data was how information provided to GSA might be shared with competitors, and whether their pricing information could become subject to dissemination under the Freedom of Information Act (FOIA).  GSA has addressed these concerns by (1) hosting the data on a portal accessible only by authorized users, and (2) stating that it will create a public data extract for use by the general public, consisting only of information that would generally be considered releasable under FOIA.  With respect to the secure portal, government data security is, of course, only as good as the IT security protections used by the agencies with access.  Contractors may rightfully be concerned about that security, but ultimately will have no choice but to disclose the required data.  Details about the planned public data extract have not yet been developed, but we will closely watch for GSA's proposed implementation of this requirement and whether it goes too far in making proprietary and confidential business information available to the public.

  1. It is not yet clear how the new rule will work for complex products and services.

Tracking and capturing transactional pricing for standard off-the-shelf products will be relatively straightforward.  More difficult will be tracking and comparing pricing for more complicated products and service offerings, such as bundled services consisting of several different labor categories, combinations of products and services offered at a single fixed price, or customizable products such as laptops loaded with different types of software.  It is unclear how GSA will capture line item data for complex product and service offerings or how that data will be used to meaningfully compare pricing from different vendors.

  1. It is not clear what the government will do with the data it collects.

In theory, transactional data captured through GSA's electronic system eventually will be made available to government purchasing officers across multiple agencies in order to inform their purchasing decisions, leverage government buying power, and drive competition.  The idea is that the government will use transactional data, as well as other pricing information, to ensure that offered prices are competitive.  To start, however, only GSA category managers will have access to the data.  Access will then extend to all FSS contracting officers, followed by all agency ordering officers.  It is unclear how long it will take to give all concerned parties access to the data, and even more unclear what those parties will do with the data once they have access.

Contracting officers retain the ability to ask for additional pricing information (other than certified cost or pricing data), so contractors could face the burden of compiling transactional data yet still be asked to supply some of the same (or different) pricing information to government agencies.  This could include the same sort of historical commercial pricing information that is supplied today as part of CSPs or, for products and services without significant commercial sales, cost build up data could be requested.  Finally, it remains to be seen whether contractors will hesitate to offer certain customers large discounts or one-time low prices, lest the transaction trigger the expectation that all future government customers will get that low price.  As with all new government initiatives, the proof will be in the execution.

Our attorneys are carefully monitoring developments with implementation of the new transactional data requirements and stand ready to assist our clients in meeting the new reporting requirements.


1 The initial Schedules and Special Item Numbers (SINs) to be implemented in this phased rollout are:

  • Schedule 58 I, Professional Audio/Video, Telemetry/Tracking, Recording/Reproducing, and Signal Data Solutions: All SINs
  • Schedule 72, Furnishing and Floor Coverings: All SINs
  • Schedule 03FAC, Facilities Maintenance and Management: All SINs
  • Schedule 51 V, Hardware Superstore: All SINs
  • Schedule 75, Office Products: All SINs
  • Schedule 73, Food Service, Hospitality, Cleaning Equipment and Supplies, Chemicals, and Services: All SINs
  • Schedule 00CORP, Professional Services Schedule: SINs 871-1, 2, 3 ,4, 5, 6, and 7 (Professional Engineering Services)
  • Schedule 70, General Purpose Information Technology Equipment, Software, and Services: SINs 132-8 (Hardware), 132-32, 33, and 34 (Software), and 132-54 and 55 (COMSATCOM).

Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP. All rights reserved

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Tina D. Reynolds
In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.