On July 25, the GSA’s Office of Inspector General (“OIG”) published a report summarizing its audit of the GSA Transactional Data Reporting (“TDR”) pilot program.  That ongoing pilot program, which we have covered previously and have been tracking since the beginning, allows participating Federal Supply Schedule (“FSS”) contract-holders to report government-sales data each month, in exchange for relief from regulations that would require them to disclose their commercial sales practices.  According to the OIG report, however, GSA cannot objectively measure whether the TDR program is working as intended, because the pilot lacks specific objectives and performance targets.  Moreover, the data that GSA has collected from TDR participants is “not available for . . .  evaluation of the pilot.”  Although the Federal Acquisition Service (“FAS”) disagreed with some of the report’s findings, the report suggests that the TDR program remains a work-in-progress.

Continue Reading OIG Report Criticizes GSA’s TDR Pilot Program

[A modified version of this blog post was published in Law360.]

Last month, Senators Dan Sullivan (R-AK) and Maria Cantwell (D-WA) introduced legislation to “improve the requirement to purchase domestic commodities or products” under the National School Lunch Program (the “NSLP”) and the School Breakfast Program (the “SPB”).  Even if this legislation fails to make it out of Committee, it signals a continued trend to strengthen the “Buy American” requirement under these programs.


Continue Reading Bipartisan Legislation Aims To Strengthen “Buy American” Requirement Under National School Lunch Program

Mac Thornberry is taking a sledgehammer to the Pentagon’s $600 hammer.

That particular bogeyman of wasteful defense spending never actually existed, but many real (and larger) inefficiencies continue to plague the defense procurement process.  Last month, the Chairman of the House Armed Services Committee released draft legislation designed to make fundamental reforms to the government’s acquisition of defense-related goods and services.  Chairman Thornberry’s bipartisan initiative, which he drafted with HASC Ranking Member Adam Smith, aims to increase the transparency, flexibility, and responsiveness of the defense acquisition system.  The Chairman launched his initiative before a standing-room-only audience at the Center for Strategic and International Studies (CSIS), where he argued that the accelerating pace of technological development and the proliferation of strategic threats compel the need for rapid, comprehensive reform.  In this post, we review some highlights of the proposal and examine the potential implications for government contractors.


Continue Reading Another Attempt at Defense Procurement Reform Begins