Request for Information From Suppliers Selling on Commercial E-Commerce Portals, 27989-27991 [2018-12893]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices
added portal services and
functionalities, are there entities that are
considered subcontractors of your
business? If yes, what functions do these
entities perform for your business?
b. Order Tracking, Delivery and Issue
Resolution
i. Describe how orders and delivery
are tracked.
ii. Describe how issues are resolved
(e.g., if the product doesn’t arrive in a
timely manner or needs to be returned).
Identify who is responsible for resolving
these issues when the sale involves a
third party seller. Include information
on customer/ordering official
management throughout the process.
c. Payment
i. When a buyer makes a payment for
a purchase on the portal, who processes
the payment?
ii. What are the payment procedures?
iii. Are payments by Electronic Funds
Transfer allowed?
d. To Assist GSA in Determining the
Applicability of the Service Contract
Act to a Portal Contract Under the
Section 846 Program, Please Advise of
the Type of Work Your Employees
Would Perform Under Such a Contract.
sradovich on DSK3GMQ082PROD with NOTICES
e. Suitability of FAR Commercial
Service Requirements
i. Please address the extent you
believe the following clauses/provisions
are consistent with and/or are relevant
to current, standard commercial practice
for operating commercial e-commerce
portals. If they are not consistent and/
or relevant, please indicate what
obstacles they would present if applied
to the section 846 program. Conversely,
if there are public policy reasons why
any of these should be retained, please
explain.
1. 52.212–4(a), Inspection and
acceptance
2. 52.212–4(b), Assignment of claims
3. 52.212–4(g), Invoice
4. 52.212–4(k), Taxes
5. 52.212–4(n), Title
6. 52.212–4(q), Other compliances
7. 52.204–10, Reporting Executive
Compensation and First-Tier
Subcontract Awards
8. 52.219–3, Notice of HUBZone SetAside or Sole-Source Award
9. 52.219–4, Notice of Price Evaluation
Preference for HUBZone Small
Business Concerns
10. 52.219–27, Notice of ServiceDisabled Veteran-Owned Small
Business Set-Aside
11. 52.222–3, Convict Labor
12. 52.222–17, Nondisplacement of
Qualified Workers
VerDate Sep<11>2014
17:11 Jun 14, 2018
Jkt 244001
13. 52.222–35, Equal Opportunity for
Veterans
14. 52.222–37, Employment Reports on
Veterans
15. 52.223–18, Encouraging Contractor
Policies to Ban Text Messaging
While Driving
16. 52.232–29, Terms for Financing of
Purchases of Commercial Items
17. 52.232–30, Installment Payments for
Commercial Items
18. 52.242–5, Payments to Small
Business Subcontractors
19. 52.212–3(t), Public Disclosure of
Greenhouse Gas Emissions and
Reduction Goals
20. 52–212–4(f), Excusable Delays
21. 52.212–4(h), Patent Indemnity
22. 52.212–4(i)(4), Discount
23. 52.212–4(s), Order of precedence
24. 52.232–40, Providing Accelerated
Payments to Small Business
Subcontractors
25. 52.223–9, Estimate of Percentage of
Recovered Material Content for
EPA–Designated Items
f. Additional Considerations:
i. Are there different terms and
conditions based on the country being
served by a given commercial ecommerce portal?
ii. If you are not registered on
www.sam.gov would you be willing to
register? Why or why not?
iii. For your other commercial
customers, do you offer ways to limit
access to products on your platform for
B2B customers who may not want
access to your full catalog?
g. Copies of standard terms and
conditions:
i. Please provide GSA with copies of
your standard terms and conditions that
apply to your suppliers?
ii. Please provide GSA with copies of
your standard terms and conditions that
apply to users (i.e. buyers)?
6. Proof of concept
As explained in the Phase I
implementation plan, GSA intends to
proceed with a proof of concept in FY
2019. What is your recommended vision
for a proof of concept that would be
both manageable and meaningful,
including types of products offered?
Dated: June 11, 2018.
Laura J. Stanton,
Assistant Commissioner, Office of Enterprise
Strategy Management, Federal Acquisition
Service, General Services Administration.
[FR Doc. 2018–12891 Filed 6–14–18; 8:45 am]
BILLING CODE 6820–89–P
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
27989
GENERAL SERVICES
ADMINISTRATION
[Notice-Qp–2018–02; Docket No. 2018–0002;
Sequence No. 11]
Request for Information From
Suppliers Selling on Commercial ECommerce Portals
Office of Enterprise Strategy
Management, General Services
Administration (GSA).
ACTION: Request for information.
AGENCY:
The General Services
Administration (GSA) is soliciting
information from the suppliers selling
product through commercial eCommerce Portals in order to complete
Phase II of the requirements enacted in
Section 846 of the National Defense
Authorization Act (NDAA) for Fiscal
Year 2018, Procurement through
Commercial e-Commerce Portals. Note:
A separate RFI is posted for those
companies who are providers of
commercial e-commerce platforms.
Throughout the design of this program,
GSA and the Office of Management and
Budget (OMB) have emphasized open
and ongoing engagement. The questions
in the RFI are intended to continue the
dialogue and to allow GSA and OMB
both to draft the Phase II report (due to
Congress in March 2019) and to move
towards phased implementation later in
2019.
DATES: Interested parties may submit
written comments to
www.regulations.gov by July 20, 2018.
GSA is also hosting its second modified
town-hall style public meeting. This
meeting is in furtherance of Phase II on
June 21, 2018, at 8:30 a.m., Eastern
Standard Time (EST). Further
Information for the public meeting may
be found on the Commercial Platform
Interact group page on https://
interact.gsa.gov/group/commercialplatform-initiative and in the Federal
Register (83 FR 25004), published on
May 31, 2018.
ADDRESSES: Submit comments
identified by ‘‘Request for information
from Suppliers Selling on Commercial
e-Commerce Portals’’, by any of the
following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
by searching for ‘‘Request for
information from Suppliers Selling on
Commercial e-Commerce Portals’’.
Select the link ‘‘Comment Now’’ and
follow the instructions provided at the
‘‘You are commenting on’’ screen.
Please include your name, company
name (if any), and ‘‘Request for
information from Suppliers Selling on
SUMMARY:
E:\FR\FM\15JNN1.SGM
15JNN1
27990
Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices
‘‘Director of the Office of Management
and Budget, in consultation with the
GSA Administrator and the heads of
other relevant departments and
agencies,’’ to carry out three
implementation Phases: 1.
Implementation Plan; 2. Market
Analysis and Consultation; and 3.
Program Implementation Guidance.
OMB and GSA completed Phase I, an
initial implementation plan, in March of
2018. The plan, found at https://
interact.gsa.gov/document/gsa-andomb-phase-i-deliverable-attached,
discusses government and industry
stakeholder goals and concerns, the
different types of portal provider models
currently prevalent in the commercial
market, and areas where legislative
change or clarification are required to
enable flexibility in the full and
effective use of commercial e-commerce
portals in accordance with the goals of
section 846. The plan also outlines
deliverables anticipated to be completed
in FYs 18, 19, and 20.
GSA is currently working on Phase II
with the intent of delivering a proof of
concept near the end of FY19. Phase II
of the legislation requires (excerpt
below):
I. Background
sradovich on DSK3GMQ082PROD with NOTICES
Commercial e-Commerce Portals’’, on
your attached document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), 1800 F Street NW,
2nd Floor, ATTN: Ms. Mandell,
Washington, DC 20405–0001.
Instructions: Please submit comments
only and cite ‘‘Request for information
from Suppliers Selling on Commercial
e-Commerce Portals’’ in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT:
Jasmine Schaaphok at
jasmine.schaaphok@gsa.gov, or 571–
330–3941, for clarification of content,
public meeting information, and
submission of comment. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat at 202–501–4755.
Please cite ‘‘Request for information
from Suppliers Selling on Commercial
e-Commerce Portals.’’
SUPPLEMENTARY INFORMATION:
(2) PHASE II: MARKET ANALYSIS AND
CONSULTATION.—Not later than one year
after the date of the submission of the
implementation plan and schedule required
under paragraph (1), recommendations for
any changes to, or exemptions from, laws
necessary for effective implementation of this
section, and information on the results of the
following actions:
(A) Market analysis and initial
communications with potential commercial
e-commerce portal providers on technical
considerations of how the portals function
(including the use of standard terms and
conditions of the portals by the Government),
the degree of customization that can occur
without creating a Government-unique
portal, the measures necessary to address the
considerations for supplier and product
screening specified in subsection (e), security
of data, considerations pertaining to
nontraditional Government contractors, and
potential fees, if any, to be charged by the
Administrator, the portal provider, or the
suppliers for participation in the program
established pursuant to subsection (a).
(B) Consultation with affected departments
and agencies about their unique procurement
needs, such as supply chain risks for health
care products, information technology,
software, or any other category determined
necessary by the Administrator.
(C) An assessment of the products or
product categories that are suitable for
purchase on the commercial e-commerce
portals.
(D) An assessment of the precautions
necessary to safeguard any information
pertaining to the Federal Government,
especially precautions necessary to protect
against national security or cybersecurity
threats.
The General Services
Administration’s (GSA) mission is to
deliver value and savings in real estate,
acquisition, technology, and other
mission-support services across
Government. For decades, GSA has
provided access to commercial products
through a number of channels including
GSA Advantage!, GSA eBuy, GSA
Global Supply, and the Federal Supply
Schedules.
GSA has long been focused on
improving the acquisition of
commercial items. Throughout its
history, GSA has sought to leverage the
best available technology to help
agencies shorten the time to delivery,
reduce administrative cost, make
compliance easier, be a strategic thought
leader and supplier of choice across the
Federal Government, and be a good
partner to industry. Today, the best
available technology includes
commercial e-commerce portals.
The National Defense Authorization
Act (NDAA) for Fiscal Year 2018,
Section 846 ‘‘Procurement Through
Commercial e-Commerce Portals’’,
directs the Administrator of the GSA to
establish a program to procure
commercial products through
commercial e-commerce portals. Section
846 language can be found at the
following link—https://interact.gsa.gov/
group/commercial-platform-initiative.
Section 846 paragraph (c) instructs the
VerDate Sep<11>2014
17:11 Jun 14, 2018
Jkt 244001
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
(E) A review of standard terms and
conditions of commercial e-commerce portals
in the context of Government requirements.
(F) An assessment of the impact on existing
programs, including schedules, set-asides for
small business concerns, and other
preference programs.
II. Written Comments
To assist GSA in meeting the
requirements associated with Phase II of
the implementation, GSA and OMB are
inviting suppliers selling product
through commercial e-commerce
platforms to submit written comments.
Comments should be submitted by July
20, 2018, which will enable the
Government to take them into account
as we are drafting our Phase II
deliverable. (A separate RFI has been
issued focused on e-commerce platform
operators.)
GSA and OMB have developed a
number of questions grouped around
three focus areas: Product categories,
terms and conditions, and program
design. These three areas are central to
the analysis required in paragraphs (A),
(C), and (E) above. This information will
also be used to help inform GSA about
the general scope, shape, and types of
products that should be considered for
a proof of concept. In accordance with
the Phase I implementation plan, the
proof of concept is planned for launch
in FY 2019. Each question is intended
to provide respondents with a general
framework for commenting. These
questions are not intended to be allinclusive; other comments and
observations are encouraged.
1. Product Categories
a. Identify which product types/
categories/subcategories should be
considered in scope for inclusion in the
program. Describe the classification
system used, if not product service
codes or North American Industry
Classification System (NAICS) codes.
For each category/subcategory
identified, include as many of the
following as possible:
i. Rationale for inclusion;
ii. Assessment of supply chain risk,
including the extent to which you
believe counterfeit products are a
significant problem,and mitigation
strategies;
iii. List existing e-commerce
commercial portals on which you
currently sell these products;
iv. Level of visibility into country of
origin, including compliance with the
Buy American Act (BAA), other
domestic sourcing restrictions, and
existing trade agreements; including
how these are verified; and
E:\FR\FM\15JNN1.SGM
15JNN1
Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices
v. If multiple categories/subcategories
are identified, provide a suggested
ranking.
b. Identify which categories/
subcategories should be excluded from
the scope of this effort and the rationale.
sradovich on DSK3GMQ082PROD with NOTICES
2. Terms and Conditions (Ts&Cs)
a. General
i. To the extent you sell products as
a third party through a commercial ecommerce portal, what Ts&Cs do you
have with them?
ii. What terms are unacceptable? What
terms are absolute must-haves?
iii. Are there unique terms and
conditions when looking at serving the
Contiguous United States (CONUS) vs.
Outside the Contiguous United States
(OCONUS)? What are some that we
might need to consider?
iv. What should GSA be thinking
about with respect to BAA and existing
trade agreements (and implementing
regulations)? How do you currently
track/monitor country of origin for
products, if at all?
v. How is security of data addressed
in your standard Ts&Cs?
vi. If you currently sell through a
portal, how are fees/fee structures
addressed in the terms and conditions?
b. Suitability of FAR Commercially
Available Off-the-Shelf (COTS) Item
Requirements: Please address the extent
you believe the following clauses/
provisions are consistent with and/or
relevant to current, standard
commercial practice when selling
through a commercial e-commerce
portal. If they are not consistent and/or
relevant, please indicate what obstacles
they would present if applied to the
section 846 program. Conversely, if
there are public policy reasons why any
of these should be retained, please
explain.
1. 52.212–1(a), NAICS/business size
2. 52.212–1(b), Submission of offers
3. 52.212–1(c), Period for acceptance of
offers
4. 52.212–1(d), Product samples
5. 52.212–1(e), Multiple offers
6. 52.212–1(f), Late submissions,
modifications, revisions, etc.
7. 52.212–1(g), Contract award
8. 52.212–1(h), Multiple awards
9. 52.212–1(i), Availability of
requirements documents
10. 52.212–1(j), Unique entity identifier
11. 52.212–3(p), Ownership or Control
of Offeror
12. 52.212–3(r), Predecessor of Offeror
13. 52.212–4(f), Excusable delays
14. 52.212–4(l), Termination for
Government’s convenience
15. 52.212–4(o), Warranty
16. 52.212–4(q), Other compliance
VerDate Sep<11>2014
17:11 Jun 14, 2018
Jkt 244001
17. 52.204–10, Reporting Executive
Compensation and First-Tier
Subcontract Awards
18. 52.219–3, Notice of HUBZone SetAside or Sole-Source Award
19. 52.219–4, Notice of Price Evaluation
Preference for HUBZone Small
Business Concerns
20. 52.219–8, Utilization of Small
Business Concerns
21. 52.219–27, Notice of ServiceDisabled Veteran-Owned Small
Business Set-Aside
22. 52.222–3, Convict Labor
23. 52.232–40, Providing Accelerated
Payments to Small Business
Subcontractors
24. 52.212–1(l), Debriefing
25. 52.212–3(i), Certification Regarding
Knowledge of Child Labor for
Listed End Products
26. 52.212–3(t), Public Disclosure of
Greenhouse Gas Emissions and
Reduction Goals
27. 52.212–4(a), Inspection and
acceptance
28. 52.212–4(b), Assignment of claims
29. 52.212–4(c), Changes
30. 52.212–4(d), Disputes
31. 52.212–4(g), Invoice
32. 52.212–4(i)(1), Items accepted
33. 52.212–4(i)(3), Electronic Funds
Transfer
34. 52.212–4(i)(4), Discount
35. 52.212–4(j), Risk of loss
36. 52.212–4(k), Taxes
37. 52.212–4(s), Order of precedence
3. Program Design
a. Competition is a core goal of the
program. Towards that end, the user
needs to be able to see/compare
products across multiple portals and/or
suppliers. What is the best way to get to
a single sign-on across portals?
b. If you are not registered in the
System for Award Management, would
you be willing to register. Why or why
not?
c. The section 846 language stated
both that all existing procurement laws
applied and that GSA should strive to
be consistent with commercial practice.
To reconcile these objectives, in Phase
I, GSA only proposed legislative
changes necessary to reach program
implementation, primarily around the
nature of competition. For purposes of
Phase II, what additional legislative
changes GSA should consider
proposing?
d. In GSA’s view, the nature of buying
through an e-commerce portal brings a
significant new level of competition into
the micro-purchase world. GSA
proposed raising the micro-purchase
threshold to $25,000. What benefits and
disadvantages do you see in a higher
threshold? Would you recommend a
PO 00000
Frm 00043
Fmt 4703
Sfmt 9990
27991
higher threshold and, if so, what should
it be?
e. In the first phase of
implementation, should this program be
limited to orders within the contiguous
United States? If so, why? If not, why
not and what issues should be
considered?
f. How do the pricing algorithms
respond to sudden increases in
demand?
g. As a supplier, do you have the
capability to participate in either a
public or private (or curated) ‘punchout’
type of experience? Please explain.
h. Implementation and
operationalization of this program will
entail the involvement of GSA, ordering
agencies, portal providers, and thirdparty suppliers. GSA envisions its role
primarily focusing on the following:
i. Negotiating the contracts with the
portal providers;
ii. working with stakeholders to shape
the scope of product offerings, based on
suitability, potential challenges in
managing supply chain risk, and other
considerations;
iii. working with agencies on effective
use of protocols and safeguards to refine
access to product offerings;
iv. collecting, vetting and sharing
data; and,
v. developing guidance in
consultation with OMB and training
federal agencies in proper competitive
procedures through the porta; and,
vi. potentially validating the suppliers
as responsible business partners. Do you
agree with this description of roles and
responsibilities for GSA in optimizing
the user experience and the overall
success of the program? Are there key
items missing?
i. What opportunities do you see for
your existing Government business (and
potential future new business)? How
can we best design a program to
promote small business utilization and
new entrants into the federal
marketplace?
j. Proof of concept: As explained in
the Phase I implementation plan, GSA
intends to proceed with a proof of
concept in FY 2019. What is your
recommended vision for a proof of
concept that would be both manageable
and meaningful, including types of
products offered?
Dated: June 12, 2018.
Laura J. Stanton,
Assistant Commissioner, Office of Enterprise
Strategy Management, Federal Acquisition
Service, General Services Administration.
[FR Doc. 2018–12893 Filed 6–14–18; 8:45 am]
BILLING CODE 6820–89–P
E:\FR\FM\15JNN1.SGM
15JNN1
]]>Agencies
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 27989-27991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12893]
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
[Notice-Qp-2018-02; Docket No. 2018-0002; Sequence No. 11]
Request for Information From Suppliers Selling on Commercial E-
Commerce Portals
AGENCY: Office of Enterprise Strategy Management, General Services
Administration (GSA).
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is soliciting
information from the suppliers selling product through commercial e-
Commerce Portals in order to complete Phase II of the requirements
enacted in Section 846 of the National Defense Authorization Act (NDAA)
for Fiscal Year 2018, Procurement through Commercial e-Commerce
Portals. Note: A separate RFI is posted for those companies who are
providers of commercial e-commerce platforms. Throughout the design of
this program, GSA and the Office of Management and Budget (OMB) have
emphasized open and ongoing engagement. The questions in the RFI are
intended to continue the dialogue and to allow GSA and OMB both to
draft the Phase II report (due to Congress in March 2019) and to move
towards phased implementation later in 2019.
DATES: Interested parties may submit written comments to
www.regulations.gov by July 20, 2018. GSA is also hosting its second
modified town-hall style public meeting. This meeting is in furtherance
of Phase II on June 21, 2018, at 8:30 a.m., Eastern Standard Time
(EST). Further Information for the public meeting may be found on the
Commercial Platform Interact group page on https://interact.gsa.gov/group/commercial-platform-initiative and in the Federal Register (83 FR
25004), published on May 31, 2018.
ADDRESSES: Submit comments identified by ``Request for information from
Suppliers Selling on Commercial e-Commerce Portals'', by any of the
following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments by searching for ``Request for information from Suppliers
Selling on Commercial e-Commerce Portals''. Select the link ``Comment
Now'' and follow the instructions provided at the ``You are commenting
on'' screen. Please include your name, company name (if any), and
``Request for information from Suppliers Selling on
[[Page 27990]]
Commercial e-Commerce Portals'', on your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), 1800 F Street NW, 2nd Floor, ATTN: Ms.
Mandell, Washington, DC 20405-0001.
Instructions: Please submit comments only and cite ``Request for
information from Suppliers Selling on Commercial e-Commerce Portals''
in all correspondence related to this case. All comments received will
be posted without change to https://www.regulations.gov, including any
personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Jasmine Schaaphok at
[email protected], or 571-330-3941, for clarification of
content, public meeting information, and submission of comment. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at 202-501-4755. Please cite ``Request for
information from Suppliers Selling on Commercial e-Commerce Portals.''
SUPPLEMENTARY INFORMATION:
I. Background
The General Services Administration's (GSA) mission is to deliver
value and savings in real estate, acquisition, technology, and other
mission-support services across Government. For decades, GSA has
provided access to commercial products through a number of channels
including GSA Advantage!, GSA eBuy, GSA Global Supply, and the Federal
Supply Schedules.
GSA has long been focused on improving the acquisition of
commercial items. Throughout its history, GSA has sought to leverage
the best available technology to help agencies shorten the time to
delivery, reduce administrative cost, make compliance easier, be a
strategic thought leader and supplier of choice across the Federal
Government, and be a good partner to industry. Today, the best
available technology includes commercial e-commerce portals.
The National Defense Authorization Act (NDAA) for Fiscal Year 2018,
Section 846 ``Procurement Through Commercial e-Commerce Portals'',
directs the Administrator of the GSA to establish a program to procure
commercial products through commercial e-commerce portals. Section 846
language can be found at the following link--https://interact.gsa.gov/group/commercial-platform-initiative. Section 846 paragraph (c)
instructs the ``Director of the Office of Management and Budget, in
consultation with the GSA Administrator and the heads of other relevant
departments and agencies,'' to carry out three implementation Phases:
1. Implementation Plan; 2. Market Analysis and Consultation; and 3.
Program Implementation Guidance. OMB and GSA completed Phase I, an
initial implementation plan, in March of 2018. The plan, found at
https://interact.gsa.gov/document/gsa-and-omb-phase-i-deliverable-attached, discusses government and industry stakeholder goals and
concerns, the different types of portal provider models currently
prevalent in the commercial market, and areas where legislative change
or clarification are required to enable flexibility in the full and
effective use of commercial e-commerce portals in accordance with the
goals of section 846. The plan also outlines deliverables anticipated
to be completed in FYs 18, 19, and 20.
GSA is currently working on Phase II with the intent of delivering
a proof of concept near the end of FY19. Phase II of the legislation
requires (excerpt below):
(2) PHASE II: MARKET ANALYSIS AND CONSULTATION.--Not later than
one year after the date of the submission of the implementation plan
and schedule required under paragraph (1), recommendations for any
changes to, or exemptions from, laws necessary for effective
implementation of this section, and information on the results of
the following actions:
(A) Market analysis and initial communications with potential
commercial e-commerce portal providers on technical considerations
of how the portals function (including the use of standard terms and
conditions of the portals by the Government), the degree of
customization that can occur without creating a Government-unique
portal, the measures necessary to address the considerations for
supplier and product screening specified in subsection (e), security
of data, considerations pertaining to nontraditional Government
contractors, and potential fees, if any, to be charged by the
Administrator, the portal provider, or the suppliers for
participation in the program established pursuant to subsection (a).
(B) Consultation with affected departments and agencies about
their unique procurement needs, such as supply chain risks for
health care products, information technology, software, or any other
category determined necessary by the Administrator.
(C) An assessment of the products or product categories that are
suitable for purchase on the commercial e-commerce portals.
(D) An assessment of the precautions necessary to safeguard any
information pertaining to the Federal Government, especially
precautions necessary to protect against national security or
cybersecurity threats.
(E) A review of standard terms and conditions of commercial e-
commerce portals in the context of Government requirements.
(F) An assessment of the impact on existing programs, including
schedules, set-asides for small business concerns, and other
preference programs.
II. Written Comments
To assist GSA in meeting the requirements associated with Phase II
of the implementation, GSA and OMB are inviting suppliers selling
product through commercial e-commerce platforms to submit written
comments. Comments should be submitted by July 20, 2018, which will
enable the Government to take them into account as we are drafting our
Phase II deliverable. (A separate RFI has been issued focused on e-
commerce platform operators.)
GSA and OMB have developed a number of questions grouped around
three focus areas: Product categories, terms and conditions, and
program design. These three areas are central to the analysis required
in paragraphs (A), (C), and (E) above. This information will also be
used to help inform GSA about the general scope, shape, and types of
products that should be considered for a proof of concept. In
accordance with the Phase I implementation plan, the proof of concept
is planned for launch in FY 2019. Each question is intended to provide
respondents with a general framework for commenting. These questions
are not intended to be all-inclusive; other comments and observations
are encouraged.
1. Product Categories
a. Identify which product types/categories/subcategories should be
considered in scope for inclusion in the program. Describe the
classification system used, if not product service codes or North
American Industry Classification System (NAICS) codes. For each
category/subcategory identified, include as many of the following as
possible:
i. Rationale for inclusion;
ii. Assessment of supply chain risk, including the extent to which
you believe counterfeit products are a significant problem,and
mitigation strategies;
iii. List existing e-commerce commercial portals on which you
currently sell these products;
iv. Level of visibility into country of origin, including
compliance with the Buy American Act (BAA), other domestic sourcing
restrictions, and existing trade agreements; including how these are
verified; and
[[Page 27991]]
v. If multiple categories/subcategories are identified, provide a
suggested ranking.
b. Identify which categories/subcategories should be excluded from
the scope of this effort and the rationale.
2. Terms and Conditions (Ts&Cs)
a. General
i. To the extent you sell products as a third party through a
commercial e-commerce portal, what Ts&Cs do you have with them?
ii. What terms are unacceptable? What terms are absolute must-
haves?
iii. Are there unique terms and conditions when looking at serving
the Contiguous United States (CONUS) vs. Outside the Contiguous United
States (OCONUS)? What are some that we might need to consider?
iv. What should GSA be thinking about with respect to BAA and
existing trade agreements (and implementing regulations)? How do you
currently track/monitor country of origin for products, if at all?
v. How is security of data addressed in your standard Ts&Cs?
vi. If you currently sell through a portal, how are fees/fee
structures addressed in the terms and conditions?
b. Suitability of FAR Commercially Available Off-the-Shelf (COTS)
Item Requirements: Please address the extent you believe the following
clauses/provisions are consistent with and/or relevant to current,
standard commercial practice when selling through a commercial e-
commerce portal. If they are not consistent and/or relevant, please
indicate what obstacles they would present if applied to the section
846 program. Conversely, if there are public policy reasons why any of
these should be retained, please explain.
1. 52.212-1(a), NAICS/business size
2. 52.212-1(b), Submission of offers
3. 52.212-1(c), Period for acceptance of offers
4. 52.212-1(d), Product samples
5. 52.212-1(e), Multiple offers
6. 52.212-1(f), Late submissions, modifications, revisions, etc.
7. 52.212-1(g), Contract award
8. 52.212-1(h), Multiple awards
9. 52.212-1(i), Availability of requirements documents
10. 52.212-1(j), Unique entity identifier
11. 52.212-3(p), Ownership or Control of Offeror
12. 52.212-3(r), Predecessor of Offeror
13. 52.212-4(f), Excusable delays
14. 52.212-4(l), Termination for Government's convenience
15. 52.212-4(o), Warranty
16. 52.212-4(q), Other compliance
17. 52.204-10, Reporting Executive Compensation and First-Tier
Subcontract Awards
18. 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award
19. 52.219-4, Notice of Price Evaluation Preference for HUBZone Small
Business Concerns
20. 52.219-8, Utilization of Small Business Concerns
21. 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business
Set-Aside
22. 52.222-3, Convict Labor
23. 52.232-40, Providing Accelerated Payments to Small Business
Subcontractors
24. 52.212-1(l), Debriefing
25. 52.212-3(i), Certification Regarding Knowledge of Child Labor for
Listed End Products
26. 52.212-3(t), Public Disclosure of Greenhouse Gas Emissions and
Reduction Goals
27. 52.212-4(a), Inspection and acceptance
28. 52.212-4(b), Assignment of claims
29. 52.212-4(c), Changes
30. 52.212-4(d), Disputes
31. 52.212-4(g), Invoice
32. 52.212-4(i)(1), Items accepted
33. 52.212-4(i)(3), Electronic Funds Transfer
34. 52.212-4(i)(4), Discount
35. 52.212-4(j), Risk of loss
36. 52.212-4(k), Taxes
37. 52.212-4(s), Order of precedence
3. Program Design
a. Competition is a core goal of the program. Towards that end, the
user needs to be able to see/compare products across multiple portals
and/or suppliers. What is the best way to get to a single sign-on
across portals?
b. If you are not registered in the System for Award Management,
would you be willing to register. Why or why not?
c. The section 846 language stated both that all existing
procurement laws applied and that GSA should strive to be consistent
with commercial practice. To reconcile these objectives, in Phase I,
GSA only proposed legislative changes necessary to reach program
implementation, primarily around the nature of competition. For
purposes of Phase II, what additional legislative changes GSA should
consider proposing?
d. In GSA's view, the nature of buying through an e-commerce portal
brings a significant new level of competition into the micro-purchase
world. GSA proposed raising the micro-purchase threshold to $25,000.
What benefits and disadvantages do you see in a higher threshold? Would
you recommend a higher threshold and, if so, what should it be?
e. In the first phase of implementation, should this program be
limited to orders within the contiguous United States? If so, why? If
not, why not and what issues should be considered?
f. How do the pricing algorithms respond to sudden increases in
demand?
g. As a supplier, do you have the capability to participate in
either a public or private (or curated) `punchout' type of experience?
Please explain.
h. Implementation and operationalization of this program will
entail the involvement of GSA, ordering agencies, portal providers, and
third-party suppliers. GSA envisions its role primarily focusing on the
following:
i. Negotiating the contracts with the portal providers;
ii. working with stakeholders to shape the scope of product
offerings, based on suitability, potential challenges in managing
supply chain risk, and other considerations;
iii. working with agencies on effective use of protocols and
safeguards to refine access to product offerings;
iv. collecting, vetting and sharing data; and,
v. developing guidance in consultation with OMB and training
federal agencies in proper competitive procedures through the porta;
and,
vi. potentially validating the suppliers as responsible business
partners. Do you agree with this description of roles and
responsibilities for GSA in optimizing the user experience and the
overall success of the program? Are there key items missing?
i. What opportunities do you see for your existing Government
business (and potential future new business)? How can we best design a
program to promote small business utilization and new entrants into the
federal marketplace?
j. Proof of concept: As explained in the Phase I implementation
plan, GSA intends to proceed with a proof of concept in FY 2019. What
is your recommended vision for a proof of concept that would be both
manageable and meaningful, including types of products offered?
Dated: June 12, 2018.
Laura J. Stanton,
Assistant Commissioner, Office of Enterprise Strategy Management,
Federal Acquisition Service, General Services Administration.
[FR Doc. 2018-12893 Filed 6-14-18; 8:45 am]
BILLING CODE 6820-89-P
