GSA really does want to hear from you, whether you’re a portal provider or supplier, via its RFI’s that are now out for comment.  The agency issued a further indication of what, precisely, it is hoping to obtain in this process via a blog post last week.  Specifically, GSA would like to know what contract clauses could be exempt from this project based on the following criteria:

• Does the FAR clause/provision come from appropriation law?
• Does the FAR Clause/provision contain criminal or civil penalties?
• Does the specific statute explicitly state it applies?
• Is the FAR clauses/provision consistent with current standard commercial practice for the e-commerce industry?
• Is it required to implement Section 15 of the Small Business Act?
• Is it needed to implement a bid protest procedure?
• Is it consistent with the current commercial practice for the e-commerce industry?

GSA believes that there are no applicable clauses where a statute specifically says the provision should apply to commercial item or COTS acquisitions.  Interestingly, however, the agency may include False Claims Act provisions in any e-portal provider contract as the FCA clearly contains criminal and civil penalties.  How the FCA would be applied to portal providers, who may serve as both a direct biller, or billing conduit for a third party, should be a question providers ask back to GSA now.  Potential FCA, or other civil liabilities, is something a portal provider should be well aware of when considering participating in the 846 project.

Comments on the RFI are due to GSA on July 20^th and a public meeting may follow in August or September.  The agencies ultimate goal is to launch a limited e-commerce pilot in early 2019.