A special two-day course on the benefits, problems and operating realities of General Services Administration FSS schedule contracts and the Department of Veterans Affairs Schedule program.

• Partnering and joint venture opportunities in the MAS including Blanket Purchase Agreements (BPAs)
• How the Government will increase its purchases of commercial "off-the-shelf" items
• How the program works, how it is being streamlined, and how to make it work for you

If you sell products to the Government—or want to sell to the Government—the GSA SCHEDULE is the list you want to be on. This is how the Government purchases many common, "off-the-shelf" items—purchases that account for billions of dollars in sales for suppliers annually.

In addition to sales dollars, the advantages to suppliers and the Government are enormous:

• You no longer have to continually market a product to the Government.
• Negotiations need only happen once.
• The Government receives the lowest possible price for the goods it purchases.

But . . . getting on the list and staying on the list is not an easy task. In addition, many difficult problems & conflicts—ones which must be swiftly & effectively resolved—can arise. Problems may include dealing with pricing, outside discounts, negotiations, sales volumes, and more.

We are offering a concentrated, practical examination of the entire GSA Schedule process—getting on; staying on; the policies, the procedures; conflict resolution; dealing with the obvious and the not so obvious pitfalls; and more. In short, we are offering the complete GSA SCHEDULE spectrum—a detailed analysis of where the successes and the dangers can be found. In addition, partnering and joint venture opportunities, MAS and BPAs will be covered.

1. The Foundations

Federal Procurement New Laws and Regulations Initiatives. Trends in the procurement process. Growing emphasis on commercial purchases by the Government.

GSA's Multiple Award Schedule Contract (MASC) Program. What it is. What it covers. Types of schedules. Federal usage: who can order from them. Supply classifications. Federal Supply Schedule(FSS) guiding principles. Schedule Programs. When FSS schedules should not be used. Requirements of the Buy American Act and the Trade Agreement Act. Lease versus purchase issues. Non-schedule items. How the schedules are publicized. FACNET and GSA Advantage. Lowest overall cost determination. Annual, triannual and multiyear schedules. Price list: when it is distributed; who distributes it; modifications. Marketing considering.

The International Federal Supply Schedule. FAR Coverage.

2. Establishing and Getting on Schedule Contracts

The Policies. Most favored customer. Limited data requirements. Price reasonableness: cost or pricing data; run-offs on identical/similar items. Economic price adjustments. Maximum Order Limitations. Price reductions exceeding Federal customers transactions. Industrial funding fee.

Preparing to Enter the MASC Program. The bidder's mailing list and handlist. Commerce Business Daily. Reviewing prior year solicitations. Adequate internal accounting systems. Making the right contacts; selling to state and local governments.

Submitting Proposals. Accurate, complete and current data. GSA's data requirements: discounts and commercial data sales; class of customers; category of offeror; identification of the best commercial customer; catalogue or price list; terms and conditions to most favored commercial customer; representations and price certifications. Government requests for additional data or clarifications of data. Audits.

Initial GSA Review. Significance. Additional data submission. Timeless.

3. Negotiating the Contract

Strategy GSAs. The seller's. The negotiation team: selection, designation and powers. GSA's objective: a price equal to better than the best commercial price.

Negotiable. Basics of award. Maximum order limit. Discounts and prices. Liquidated damages. Standards of performance. Support. Geographic scope. Methods of financing. Transportation. Delivery.

Common Problem Areas

Reviews and Clearances

The Award

Price Lists

Contract Modifications/Renewals

4. Contract Administrative Issues

Price Reduction Clause New definition and scope. Evolution. The triggering event. Basis of award. Effect of price reductions on Federal and commercial contracts. Interaction with maximum order limitations. General price deductions. Reporting requirements. Defective data versus price reductions. Mistakes, errors and discoveries; consequences and remedies.

New Reporting Requirements

Reports of Orders Received

Invoicing/Payment-Industrial Funding

Socioeconomic Programs

Audits

Protests. To the GAO: Recent cases and trends. Disputes: Board involvements; the Court of Federal Claims.

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The Course Faculty

James J. Regan Partner in the Washington, D.C. law offices of Crowell & Moring, where he represents clients on a wide variety of Government procurement matters, including bid protests, debarment and suspension matters, claims preparation, contract negotiations and disputes litigation • Formerly: Chief Counsel of the General Services Administration Board of Contract Appeals; Chief Fact Finding Official for the GSA Debarment and Suspension Board • Frequent lecturer and author on Government contract matters • Active member of the American Bar Association • Bachelor of Science and Juris Doctor degrees from Georgetown University.

John A. Burkholder Counsel to the Los Angeles law offices of McKenna Long & Aldridge LLP, where he concentrates on Government contracting matters, including bid protests, claims preparation and the litigation of contract disputes; Formerly: Judge on the General Services Administration Board of Contract Appeals; Chief Counsel of the GSA Board, where he was a Hearing Examiner as well as the Chief Fact-Finding Official for the GSA Debarment and Suspension Board • Frequent lecturer on Government procurement topics • Active member of the Bid Protest Committee of the American Bar Association's Section of Public Contract Law • Bachelor of Arts degree from Yale University; Juris Doctor degree from the American University's Washington College of Law.

Steven J. Young CPA and Managing Director at Huron Consulting Group specializing in commercial companies and healthcare organizations that perform Federal Contracts • Steve has 20 years experience in consulting assignments related to MFC pricing disclosures, price reduction matters, average and best price determinations for pharmaceuticals dealing with Federal pricing and rebates, and large proposal preparation projects. Steve has also performed disputes activities related to FCA, voluntary disclosures, claims and commercial contracts disputes.