Is the government prohibited from sharing/revealing an entity's GSA Schedule to a prospective competitor of the company that owns the schedule? If so, is there a specific provision in the FAR?

By Anonymous on Wednesday, July 03, 2002 - 12:33 pm:

Since you can access a FSS on the internet it does not appear the Federal government does not prohibit the practice.

By Larry Edwards on Wednesday, July 03, 2002 - 12:57 pm:

This is a Freedom of Information Act (FOIA) issue, specifically exemption 4. I suspect what you are concerned about is release of unit prices. Formerly, such release of contract information was pretty routine, but now it is more complicated. This has been discussed extensively in two threads in the “Contracts- General Discussions” forum here. Look for “McDonnell Douglas Redux and Reflux” and “New DOJ FOIA Guidance on Release of Unit Prices “. The DLA internet issue may be similar to the FSS internet issue.

By anonymous8 on Wednesday, July 03, 2002 - 09:20 pm:

Last time I checked, you can access a list of FSS schedule holders and their contract number, but not the labor category descriptions or labor rates. You need to contact the company directly for that. It may be different for any service providers under GSA ADVANTAGE.

By Vern Edwards on Friday, July 05, 2002 - 12:50 pm:

FAR Subpart 51.1 allows contracting officers to authorize government contractors to make purchases from GSA schedule contracts, so the information can't be entirely confidential.

By Anon2U on Sunday, July 07, 2002 - 06:06 pm:

More and more contractors are putting their GSA pricing on their web sites. There are also third party vendors who publish the GSA price lists if they can get them. I suppose a company could want them to remain secret and not publish or provide the prices to third parties.

However, when I do the price comparisons that I am required, I first look for three with price lists posted and the low of those three win. No list, you lose the business. I don't have time to do more than the minimum I am required to do.

By Anonymous8 on Monday, July 08, 2002 - 08:49 am:
Are you talking products on GSA ADVANTAGE or services (IT, FINANCIAL, MOBIS, PES, LOGISTICS, etc...)?

By Anon2U on Monday, July 08, 2002 - 11:21 pm:

Anonymous8

Products on FSS schedules or on Advantage.

Services should have at least 3 proposals provided. We usually do "best value" mini-competitions with oral presentations for the tech proposal (provided the companies are all local or the value is high enough). It is usually quick and efficient for identifying the best vendor. Sometimes we have to use 2 proposals or sole source if no one else wants to propose but that is very unusual.

One exception: Those hated "body shop" contracts I am always complaining about. Manpower with no set goals other than to come to work and do what the government supervisor says to do.

By Anonymous8 on Tuesday, July 09, 2002 - 01:12 pm:

Thanks. Just asked because I have not seen prices (except for products) posted / easily accessible on the GSA websites.
By Anon2U on Tuesday, July 09, 2002 - 07:20 pm:
Right, not much on GSA sites but there is usually a web link to the company web site and many have their prices posted there.

By Eric Ottinger on Wednesday, July 10, 2002 - 10:03 pm:

If Sears or Safeway were to argue that their retail prices should be treated as a highly sensitive trade secret, most of us would consider this to be ridiculous.

I understand that the term “commercial” has different connotations for different people. However, to my mind, ready access to price information would be high on my list of attributes of a truly “commercial” product or service.

I have also noticed that although the advertising posters in the Metro make it sound as though GSA purchases are as simple and convenient as possible, many of the contractors seems to be reluctant to post their prices or make them readily available.

This is strictly personal opinion. If the contractor doesn’t wish to post the prices, the contractor should not be in the program. I think GSA should crack down. Either the full list of prices should be on the GSA web site, or the contractor should be off the GSA schedule.

Eric

By Larry Edwards on Thursday, July 11, 2002 - 02:10 pm:

Eric, I think most of us would agree that all Government unit prices should be routinely disclosed. As several respondents have alluded to, our present Web based acquisition systems are based on openness. The recent FOIA decisions on disclosure of unit price seem to bring our present system of operating into question. An excerpt from the 17 June Defense Week article on this says:
“The Defense Logistics Agency said it is still considering corporate requests to pull prices off the Web. But in a letter to AIA last September, the agency's executive director of Logistics Policy and Acquisition Management, Claudia Knott, made clear which way the agency was leaning: She strongly defended posting the prices on the Web.
Doing so, she said, "has been instrumental in reducing administrative lead times, increasing competition, reducing costs, providing improved support to our customers, as well as meeting our paperless goals established by the Department of Defense."”

The new FAR case addressing the change in FOIA guidance will be interesting and probably controversial. Will we have to reverse our present transparency?

By Eric Ottinger on Thursday, July 11, 2002 - 02:24 pm:

Larry,

I keep meaning to acknowledge your thoughtful comments on the unit price issue.

There are probably some special cases where the unit prices should be protected. (I actually agree with the Court in the MacDonnell Douglas case.)

I don't see why GSA Schedule contracts should ever fit one of these special cases.

In any case, the prices are usually available but not readily available. This is silly. The government buyer shouldn't have to go on a treasure hunt to find the prices.

Eric

By Anonymous8 on Sunday, July 14, 2002 - 09:42 pm:

I understand why prices for products would be fair game. (Sears analogy)

I also can guess why labor rates, by labor category (including labor category descriptions) are not so transparent. How many people even in the same firm know what the rates are for others with the same job title?

By Anon2U on Monday, July 15, 2002 - 03:55 pm:

Anon8

The prices are unit prices not the wages actually paid to the worker. They could have 8 workers all getting a different wage but the government is charged the unit price.

By K.C. on Tuesday, July 16, 2002 - 10:35 am:

Anon2U -- Actually it depends on the GSA contract and schedule. Sometimes the labor category prices are ceiling rates (as with GSA's Millenia contract), in which case the Government is charged actuals (actual burdened rates -- not "wages").