October 25, 2019 Procurement Lawyer

News from the Committees

by Herman D. Levy

Summary of Minutes: Commercial Products and Services Committee- Second Quarter 2019

April 11, 2019

Guest speakers Rich- ard Rector and Sandeep Nandivada discussed recent statutory, regulatory, policy, and case law developments.

Rich opened by discussing four sections of the John S. McCain National Defense Authorization Act (NDAA) for FY 2019 (H.R. 5515), P.L. 115- 232, August 13, 2018.

  1. Section 836: Revised Definition of “Commercial Item”
  2. Section 837: Applicability of Certain Provisions of Law to DoD Commercial Contracts
  3. Section 838: Modifications Regarding E-Commerce Portals
  4. Section 839: Review of Regulations Applicable to Commercial Items

Rich then turned to regulations.

  1. Final GSAR Rule: Procurement of Commercial Items
  2. Final GSAR Rule: Unenforceable Commercial Supplier Agreement Terms

Rich then turned to Policy.

  1. Section 809 Panel Report
  2. GSA-Phase I Plan for Procurement Through E- Commerce Portals
  3. GSA Inspector General’s Audit of Transactional Data Reporting Pilot Program
  4. GSA’s Consolidation of MAS Contracts

Rich then discussed case law.

  1. K-Con, Inc. v. Secretary of the Army, 908 F.3d 719 (Fed. Cir. 2018)

Sandeep then discussed the following cases:

  1. Palantir USG, Inc. v. U.S., 904 F.3d 980 (Fed. Cir. 2018)
  2. CiyaSoft Corporation, ASBCA Nos. 59519, 59913, 18-1 BCA ¶ 37,084


May 9, 2019

Jeff Clayton introduced the guest speakers, Mary Clare Claud and Jennifer Francis, assistant counsels at GSA’s Office of Inspector General. They are key members of GSA’s FAR Disclosure Team which has been one of the busiest in terms of reviewing contractor disclosures under the Mandatory Disclosure rules (FAR 25.203-13, FAR 9.406 and FAR 9-407). They discussed the status of GSA’s Office of Inspector General and specifically the mandatory disclosure program, as well as other re- cent happenings at GSA.