GSA Schedules & Commercial Products

Steptoe has advised clients on a broad spectrum of matters related to GSA Federal Supply Schedule (FSS) and other contracts for commercial products.  This has included advice on FSS proposal pricing disclosures (CSPFs), most favored customer issues, and price reduction clause compliance.  We have counseled our clients on the reach of the FAR definitions of commercial items and services, including application of the related exemption from the Truth in Negotiations Act and allocation of intellectual property rights in commercial items and commercial computer software.  In addition, we have assisted our clients in internal reviews, voluntary disclosures, and government audits and investigations regarding GSA FSS and other commercial item contracts.  Finally, we have represented clients in defending against claims under the False Claims Act arising from GSA schedule contracts.

Representative Matters

  • Steptoe represented a technology company in an internal investigation and in pre-intervention settlement negotiations of False Claims Act violations alleged by the US Attorneys’ Office arising out the company’s GSA FSS contract.  This matter resulted in a settlement before intervention by the Government.
  • Steptoe has conducted internal reviews of clients’ compliance under GSA Multiple Award Schedule contracts, including compliance with the Price Reductions clause and disclosures of commercial sales and discounting practices.  This experience includes advising clients on strategies that resulted in the successful implementation of voluntary contract price adjustments, enhancements to compliance procedures for the Price Reductions clause, and revisions to disclosures of commercial sales practices.
  • We represented a contractor in responding to Government audits of the contractor’s compliance with the contract’s terms for pricing items purchased under a prime vendor contract awarded by the Defense Logistics Agency’s Defense Supply Center of Philadelphia.  The agency’s investigation was prompted by hearings before Congressional oversight committees.  This matter was resolved in mediation with the agency.
  • We have advised commercial companies on matters relating to placement of their products on GSA FSS contracts held by third-party resellers, including product pricing agreements, letters of supply and preparation of commercial sales data.
  • We advised a commercial electronics component manufacturer on government regulations regarding rights in technical data in commercial items and commercial computer software and on protecting its intellectual property rights in an unsolicited proposal and in responding to a BAA.

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