Friday Flash 06/21/2024 – The Coalition for Government Procurement (2024)

FAR & Beyond: The Nexus Between Data Management Tools, Transparency and Procurement Policy

Data management tools, like pricing algorithms and artificial intelligence (AI), are playing an ever-larger role in Federal procurement as agencies look to streamline processes, increase efficiency, and improve contract outcomes. Just last month, at the Coalition’s Spring Training Conference, a panel of government and industry practitioners engaged in a fascinating discussion on how AI supports agency procurement operations. The potential is enormous. As AI evolves and algorithms are fine-tuned, agencies will increase the use of these tools, leading to new procurement strategies, practices, and analytics with the potential to enhance customer agency mission support for the American people.

Coalition members generally support the use of these new data management technologies. At the same time, current experience raises important policy considerations and questions for stakeholders across the procurement community. Transparency, data integrity, and compliance with the Federal Acquisition Regulation (FAR) all are foundational considerations in the use of AI and/or algorithms to support procurement operations. GSA’s current use of algorithms and pricing data is instructive in this regard.

Unpacking the Black Box of Price Analysis

Over the last several years, GSA has been using a series of data management tools to support the price evaluation of products under the Multiple Award Schedule (MAS) program. They include the Price Point Plus Portal (4P) tool, the Standardized Pricing Evaluation Logic (SPEL) tool, and, more recently, the FAS Catalog Platform (FCP). Underlying these tools is a price analysis algorithm that assesses or compares several pricing data points to generate a “market threshold” that can then be used to determine whether a proposed price is fair and reasonable based on the market information available to GSA.

To its credit, GSA has met with industry and outlined how it uses the algorithm to compare prices and establish a “range of fair and reasonable pricing” for a proposed product or set of products. In addition, through the FCP, GSA now is providing Compliance and Pricing reports that call out relevant datapoints that the algorithm is looking at for evaluation purposes. The next logical step is to provide industry partners with direct access to the algorithm and pricing database. With this transparency, contractors would be able to use the tools to conduct their own analysis in support of their proposal preparation. (Of course, any access to this information would be contingent on ensuring the pricing data was sanitized to protect competitively sensitive pricing information.)

Transparent access for industry to FAS’s pricing database would streamline the evaluation price, providing both parties to the negotiation a common, understood framework for price negotiations. Such access is in the public interest because it promotes efficiency and realism. Moreover, there is precedent for it. MAS service contractors have access to GSA’s Contract Awarded Labor Category (CALC+) tool, a database of hourly rates that is used for price analysis.

Consistency with Procurement Policy

Access to the algorithm and pricing database also would provide GSA’s industry partners with a clear understanding of how the tools are evaluating prices consistent with requirements of FAR 15.404-1(b)(2). It would answer questions, such as:

• How old is the pricing information in GSA’s database/tools?
• How are differing terms and conditions (e.g., volume, quality, delivery, warranty, Trade Agreements Act (TAA) compliance, and essentially the same (ETS)) being assessed and considered?
• What data is being pulled from commercial sites, and how is it being screened to ensure apples-to-apples comparisons to Schedule pricing, which involves numerous compliance requirements like TAA?
• How is GSA addressing the MAS solicitation terms which DO NOT leverage requirements? Key MAS terms provide for a guaranteed minimum of $2500 over 20 years with the opportunity to compete for individual orders.
• How is BPA pricing, typically volume-based pricing, considered in a price comparison evaluation?

These are just some of the questions that access to the algorithm and database would help answer for all of GSA’s stakeholders, including its industry partners. Readers should look for future blogs addressing data analytics and the MAS program.

House Passes FY25 NDAA by Slight Margin

On June 14, the House passed the Service Member Quality of Life Improvement and National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2025 with a 217-199 vote, reports Meritalk. The NDAA usually garners support from both parties. However, amendments related to diversity, equity, inclusion, and accessibility (DEIA) endeavors resulted in a partisan divide this year.

Provisions in the bill that received bipartisan support included:

• Strengthening cyber capabilities;
• Authorizing investments in artificial intelligence;
• Bolstering technology initiatives at the DoD;
• Raising the junior enlisted service member salary by 19.5 percent; and
• Raising all other service members’ salaries by 4.5 percent.

The Senate Armed Services Committee is expected to release its version of the NDAA soon.

GSA Schedules Now Allowing Upfront Payments for Software Licenses

Last week, the General Services Administration (GSA) announced an update to the Multiple Award Schedule (MAS) that provides the opportunity for upfront payments for software licenses. This update applies to software licenses delivered as Software as a Service (SaaS) under GSA’s Information Technology Category Special Item Numbers (SINs), ultimately aligning “government practices with existing commercial practices” and offering “more flexibility for agencies purchasing software through the MAS.” GSA is also now providing “a path for more small business resellers to sell software licenses delivered as SaaS.” The update is the result of research conducted by GSA and input from government and industry stakeholders.

In November 2023, the Coalitionsubmitteda letter to GSA on the need to address discrepancies in the treatment of SaaS. In the letter, the Coalition sought clarification on the treatment of SaaS under GSA’s MAS.

Welcome Greg Waldron, Policy Analyst

The Coalition for Government Procurement welcomesGreg Waldronto our team! As Policy Analyst,Greg will serve as the point of contact for members of the Business and Regulatory Issues (BRIC), Cyber and Supply Chain Security, Furniture, Green, and Pharmaceutical Committees. Greg has previous experience with the Coalition for Government Procurement, Center for Procurement Advocacy, and National Federation of Independent Businesses (NFIB). Greg attended the University of Virginia where he majored in Economics. Please join us in welcoming Greg Waldron (gwaldron@thecgp.org) to the procurement community!

Introducing ‘Coalition Consults’ for Healthcare Members

The Coalition is excited to introduce a new resource for our healthcare members, called Coalition Consults. The first set of consults address key contracting programs at the US Department of Veterans Affairs (VA) for medical/surgical supply and medical device companies. The consults provide basic information about the product scope of each contract and how companies can pursue these contracts, including the appropriate VA contacts. Coalition Consults are currently available for the following VA contracts:

• VA Med-Surg Prime Vendor (MSPV) program
• VA & DoD High Tech Medical Equipment (HTME) program
• VA Medical Device Implant program
• VA Non-Expendable (NX) Program

To access the Coalition Consults, click here. For any questions, please contact Aubrey Woolley at awoolley@thecgp.org.

Coalition Comments on Potential Chemical Restrictions in GSA Contracts

On June 17, the Coalition submitted comments in response to GSA’s Request for Information (RFI) regarding per- and polyfluoroalkyl substances (PFAS) in Federal procurement. The purpose of GSA’s RFI was to gather information about whether to pursue a rulemaking to either restrict or eliminate PFAS under GSA contracts “while minimizing any unnecessary burdens on our industry and logistics partners.”

In the comments, the Coalition urges GSA to continue to train the acquisition workforce on the new FAR Part 23 sustainable purchasing requirements and the specific ecolabels and standards that address PFAS. We also recommend that GSA harmonize any new PFAS requirements with existing commercial standards and other state (e.g., California), international, and Federal agency requirements. In addition, our comments include individual feedback from member companies in the furniture, IT, and healthcare industries. To view the Coalition’s PFAS comments, click here.

GSA Launches Governmentwide Co-Pilot Tool for Contracting Personnel

GSA and the Office of Management and Budget (OMB) have launched a new Co-Pilot tool for the Federal acquisition workforce to improve access to governmentwide buying data and to help eliminate duplicative data and other resources. The tool, referred to as the “Procurement Co-Pilot,” will help Federal employees:

• Research pricing information on products purchased by agencies;
• Find vendors across all categories and sizes that work with the government; and
• Find contract vehicles that fit their agencies’ needs.

For market research, the tool considers “prices-paid data for over one million products from Best-In-Class contract vehicles and Transactional Data Reporting (TDR).” The tool also provides “smart insights into contracts” by offering built-in contract vehicle analytics.

The Procurement Co-Pilot differs from more tactical market research tools that GSA has created in the past because it “focuse[s] on government-wide data” instead of specific contract vehicles. It is designed to work in conjunction with the CALC+ Pricing Suite and the Independent Government Cost Estimate Builder, and other more established contracting tools.

GSA also provided a Fact Sheet on the Procurement Co-Pilot tool, which can be viewed here.

ARPA-H Experimenting with AI Across Health Sector

MeriTalk reports that the Advanced Research Projects Agency for Health (ARPA-H) is looking into how artificial intelligence (AI) can be leveraged across the healthcare sector to advance technology. During a June 13 event, ARPA-H Director Renee Wegrzyn said that the agency is testing AI’s capabilities in a variety of areas, including ransomware attack vulnerability detection in hospitals as well as improved and streamlined drug-testing methodologies that utilize human-like behaviors. Recently, ARPA-H released its UPGRADE program that uses AI to defend healthcare facilities against cyber threats. The agency is currently working on several projects related to drug discovery, such as developing AI models that intend to pinpoint existing medication to treat diseases with no current treatment, and leveraging predictive AI to design vaccines that can simultaneously respond to multiple viruses.

Last Call to Respond to GSA RFI On Improving MAS Contractor Success

On May 30, GSA’s MAS Program Management Office (PMO) issued an RFI to all current MAS contractors as part of the PMO’s efforts to improve the experience and success of its suppliers. The MAS PMO is looking for feedback to help “better understand the roadblocks preventing some MAS contractors from meeting the minimum sales requirement, and if there is a clear understanding of the responsibilities that come with being a MAS contractor.”

To respond to the RFI, click here. The RFI can also be accessed on SAM.gov. The deadline for responding to the RFI is today, June 21, 2024.

Join Us for the 2024 Joseph P. Caggiano Memorial Golf Tournament

The 11th Annual Joseph P. Caggiano Memorial Golf Tournament is nearly two months away! The Coalition for Government Procurement invites you to join us on August 21 to enjoy a day on the golf course while supporting some wonderful causes for veterans! The annual golf tournament, which will take place at the beautiful Whiskey Creek Golf Club in Ijamsville, Maryland, honors our dear friend and colleague Joe Caggiano, a Navy veteran and longtime expert in the Federal contracting marketplace with a career spanning over 25 years. Golfers of all skill levels are encouraged to participate with their friends and colleagues for the chance to win prizes!

The tournament features a scramble format with teams of four golfers. In addition, this year’s event includes a Longest Drive/Closest to the Pin contest. You can register a foursome, as an individual golfer, or to enjoy the scenic views of the veranda club by clicking here.

Joe Caggiano, a veteran himself, served eight years as an officer in the United States Navy where he completed multiple tours of duty, including on the USS Independence, at Navy Personnel Command, and as an instructor at Villanova University. To honor Joe’s legacy, proceeds from the tournament will support two charitable causes dedicated to the brave men and women who have served our country.

The Coalition for Government Procurement Endowed Scholarship Fund

Since 2014, the Coalition has worked with The George Washington University (GWU) to fund a scholarship supporting a veteran who is concentrating their studies in U.S. procurement at the GWU Law School. We are grateful to have awarded eight accomplished veterans with this scholarship since 2017. Thanks to the continued generosity of our members, we have raised over $140,000 for the scholarship fund over the years. The Coalition is pleased to announce that this year’s scholarship recipient is Kristin Wolford Gillooly. Kristin is currently pursuing a Masters degree in Government Procurement and Cybersecurity Law at the GWU Law School. She is a Lieutenant for the Office of the Chief of Naval Operations and has received a Joint Commendation Medal for meritorious service in Afghanistan, as well as a Navy Commendation Medal for meritorious service in response to the war in Ukraine. We are thrilled to have Kristin join us at the tournament to introduce herself and give opening remarks.

Paws for Purple Hearts

Last year marked the inaugural time that we supported a new charity organization, Paws for Purple Hearts (PPH), through the Joseph P. Caggiano Memorial Golf Tournament. We are excited to announce that proceeds from this year’s golf tournament will once again support PPH! PPH is the first program of its kind that improves the lives of veterans and wounded service members facing mobility challenges and trauma-related conditions, including post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI), through assistance dogs and its unique Canine Assisted Warrior Therapy® program. PPH was founded in 2006 as a research program at the prestigious Bergin College of Canine Studies and has since evolved into its own non-profit organization.

Through working with PPH over the past two years, members have learned how service dogs play an important role in veterans’ healthcare and quality of life. Since 9/11, nearly half of service members have returned home with a service-connected disability, and a large percentage of that group experiences some level of PTSD, TBI, or another mental health condition. Service dogs help these veterans by reducing the severity of their symptoms like anxiety and stress, performing tasks for those with physical limitations, and promoting social interaction and integration with others.

PPH has held over 15,000 therapy sessions and directly impacted the lives of more than 10,000 veterans and wounded service members. Watch a video on PPH’s dedication to improving the lives of veterans across the country here. Thanks to the outstanding generosity of our sponsors and members, we raised $11,000 for this wonderful cause in 2023. We look forward to continuing this support, and meeting some new service dogs, at the 2024 tournament!

Secure Your Sponsorship Today!

If your company is interested in supporting these worthy causes while also gaining exposure for your brand, there are many sponsorship opportunities available.

• Title Sponsorships – $6,000/each

• Reception Sponsorships – $4,000/each

• Lunch Sponsorships – $4,000/each

• All-Day Beverage Cart Sponsorships – $2,500/each

• Hole Sponsorships with 4 Players – $1,200/each

• Veranda Club Sponsorships – $150/each

• Hole Sponsorships (no players) – $500/each

• Golf Foursomes – $800/each

• Single Golfer – $210/each

View the full list of sponsorship opportunities here. For more information, please contact Heather Tarpley at htarpley@thecgp.org.

Thank you to our current sponsors:

Healthcare Spotlight: GAO Finds Remaining Gaps in VA’s EHR System

On June 3, the Government Accountability Office (GAO) released a report on its priority open recommendations for the Department of Veterans Affairs (VA). Many of GAO’s current recommendations pertain to the VA’s oversight and management of its Electronic Health Record (EHR) system. User operation, establishing satisfaction targets, and ensuring operational effectiveness all remain challenges for the VA EHR.

In terms of the system’s deployment, the VA’s EHR system is still not fully implemented. The deployment has been delayed by patient safety concerns, usability issues, and cost overruns. It has been deployed at six VA medical facilities nationwide, but ongoing issues led to the VA pausing additional rollouts this past April. Last month, a bipartisan package of veterans’ legislation was introduced that would require the VA to provide metrics to lawmakers on the software’s employee satisfaction and user adoption.

Legal Corner: Senate Bill Would Require Several Important Updates to the Way the US Federal Government Acquires Technology

Authored by Evan C. Williams and Howard W. Waltzman; Mayer Brown

The Legal Corner provides the procurement community with an opportunity to share insights and comments on relevant legal issues of the day. The comments herein do not necessarily reflect the views of The Coalition for Government Procurement.

A bipartisan bill introduced in the US Senate would mandate updates to federal procurement regulations and procedures for the acquisition of technology. S.4066, the Federal Improvement in Technology Procurement Act (FIT Procurement Act), was introduced in the Senate late last month by Senators Gary Peters (D-MI) and Ted Cruz (R-TX). Noting the shrinking number of federal contractors awarded contracts, the bill aims to streamline the procurement process to allow more companies to enter the federal marketplace for innovative technology solutions.

FIT PROCUREMENT ACT – KEY PROVISIONS

If enacted, the FIT Procurement Act would make a number of important changes to the current procurement system:

• Advance Purchase of Cloud Computing:The bill would amend federal law to allow agencies to acquire cloud computing, data center solutions and services, and other information and communications technology on a subscription basis.
• Commercial Solutions Openings:The bill would give the General Services Administration (GSA) and the Department of Homeland Security (DHS) permanent authority to use the innovative competitive acquisition process known as Commercial Solutions Openings (CSOs). Unlike traditional competition requirements, these procedures are more streamlined and flexible.¹
• Simplified Acquisition Threshold:The bill would raise the simplified acquisition threshold (SAT) from $250,000 to $500,000. This would allow a greater number of procurements to be conducted under the simplified acquisition procedures set forth in Federal Acquisition Regulation (FAR) part 13.
• Past Performance Information:The bill would allow bidders in federal procurements to submit information related to their performance on commercial or non-government projects as relevant past performance.
• Best-Value:The bill would require GSA multiple-award contract vehicles to prioritize the use of best-value source selection procedures rather than focusing on lowest cost.
• Training for Federal Buyers:The bill would also establish requirements for federal contracting personnel to receive specialized training on the acquisition of emerging technology, such as artificial technology.

IMPORTANT CONSIDERATIONS FOR FEDERAL CONTRACTORS

The proposed legislation could give the federal government flexibility when procuring cutting-edge technologies. In turn, this added flexibility would reduce barriers for new and small businesses that may be reluctant to offer their solutions to the government for fear of red tape. The FIT Procurement Act could also benefit traditional government contractors that offer technology solutions—specifically the provisions related to the advance purchase of cloud computing and the increased use of flexible CSO procedures.

Both established and aspiring federal contractors should follow any developments on the bill. The bipartisan nature of the FIT Procurement Act suggests there is congressional support for improving the federal procurement process—especially when acquiring technology—by eliminating unnecessary obstacles. Given that Senator Peters is the chairman of the Homeland Security and Government Affairs Committee, this bill could become a priority of the committee and be expedited for consideration in the Senate.

View from Main Street: Important Value-Added Technology Reseller Size Decision

Updates on Timely Topics Impacting the Government Contracting Industry from the Coalition’s Vice President of Acquisition Policy, Ken Dodds

For purposes of calculating size under a size standard based on annual receipts, receipts mean “total income” plus “cost of goods sold” as those terms are defined and reported on federal tax returns.[1] There are some exclusions for size determination purposes, but those exclusions are limited to those identified in the Small Business Administration’s (SBA) regulations. A firm’s size is calculated based on its average annual receipts over the firm’s five most recently completed fiscal years.[2] Federal tax returns filed before the date of size self-certification must be used to calculate size.[3] When a firm has not filed a tax return for a completed fiscal year, SBA will use other available information to calculate receipts for that fiscal year, “such as the concern’s regular books of account, audited financial statements, or information contained in an affidavit by a person with personal knowledge of the facts.”[4]

In a recent size appeal, the SBA Area Office found the appellant to be other than small, even though the firm was small based on its federal tax returns. The firm was a value-added technology reseller, and the SBA Area Office was in possession of the firm’s financial statements. For federal tax purposes, the firm had not included the full costs of goods sold on its tax returns. The firm and its accountant claimed that it was common practice for value-added technology resellers to only report the net revenue or difference between the sale price and the price of the product for federal tax purposes. If the full cost of goods sold were included in calculating the firm’s size, the firm would be other than small. The SBA Area Office, citing a Federal District Court decision involving the False Claims Act, found that the firm could not exclude some of the cost of goods sold from its receipts for size determination purposes because they were not identified as an exclusion in SBA’s regulations.

SBA’s Office of Hearings and Appeals (OHA) granted the appeal, vacated the size determination, and remanded to the SBA Area Office.[5] OHA rejected SBA’s argument that SBA can use other financial information to make a size determination if it believes that a tax return does not include all receipts. According to OHA, if filed tax returns are available, they must be used to calculate size. OHA also pointed out that SBA was not a party to the District Court False Claims Act case and that the decision was not binding on SBA.

Hopefully, SBA will address this issue through regulation and clarify that if value-added technology resellers can legally exclude some “cost of goods sold” for federal tax purposes, they are also excluded for size determination purposes. The exclusions for size determination purposes in SBA’s regulations should be limited to items that are reported for federal tax purposes but are excluded for size determination purposes for policy reasons. But SBA also needs the flexibility to look beyond a federal tax return if the tax return is false or inaccurate. Years ago, there was a size protest involving an employee-based size standard, where the firm in question was claiming, and reporting to the Internal Revenue Service (IRS), that certain individuals were independent contractors, not employees. Eventually, SBA and the IRS rejected the firm’s claims, finding the individuals were indeed employees.[6] The important thing is getting the size calculation right. Generally, what is reported to the IRS should be used to calculate size, but not if it is false and the IRS has not caught it, yet.

[1] 13 CFR 121.104(a).

[2] 13 CFR 121.104(c)(1).

[3] 13 CFR 121.104(a)(1).

[4] 13 CFR 121.104(a)(2).

[5] Size Appeal of Colossal Contracting, LLC, SBA No, SIZ-6285 (2024).

[6] Robert W. Wood, Independent Contractor vs. Employee and Blackwater, 70 Mont. L. Rev. 95 (Winter 2009).

DoD Seeking Comments on AI from Defense Industrial Base

The Coalition is seeking feedback on a Request for Information (RFI) from the Department of Defense (DoD) on how to adopt AI for defense applications. The purpose of DoD’s RFI is to gather information that will “support their efforts in developing policies, initiatives, and resource distribution to ensure support for the defense industrial base (DIB) in integrating AI into defense systems.”

The RFI has 13 questions pertaining to infrastructure/supply chain resilience, workforce, innovation, acquisition, policy, and regulatory environment.

To see the full list of questions, click here.

A public hearing is being considered. A Federal Register notice will be published with the date and information if a hearing is scheduled.

The Coalition is considering submitting comments on the RFI. Members, please send any feedback on the RFI to Joseph Snyderwine at jsnyderwine@thecgp.org by July 10, 2024. The deadline to submit comments to DoD is July 22, 2024.

General/Office Products Committee Meeting on FAS Catalog Platform, June 24

On June 24, the Coalition’s General/Office Products Committee will meet with Peter Han, Branch Chief, Catalog Management Office at GSA. Mr. Han will provide an update on the FAS Catalog Platform (FCP) Rollout. The meeting will cover the upcoming plans for FCP. GSA is also seeking member feedback on their experience with the FCP to inform future improvements to the system. 

To register for this virtual members-only meeting, click here.   

Please provide any feedback or questions to share with GSA in advance of the meeting with Joseph Snyderwine at JSnyderwine@thecgp.org.

Small Business Committee Meeting on IT Value Added Resellers, June 26

On May 7, GSA’s IT Vendor Management Office released an RFI as part of an assessment of the challenges Original Equipment Manufacturers, Value Added Resellers (VARs), and Federal Agencies face in using small business VARs and the development of recommendations on how to increase the number and utilization of small business VARs in the Federal IT marketplace.

Following up on the RFI, the Coalition’s Small Business Committee will be hosting representatives from GSA and the Small Business Administration to continue the discussion with small businesses on the challenges faced in the Federal IT marketplace. The members-only meeting will be held virtually on June 26 from 10:00 – 11:00 AM (ET). Our government guests for the meeting are: Clarence Harrison Jr, Senior Advisor, IT Vendor Management Office, ITC, FAS; Warren Blankenship, Deputy IT Government-wide Category Manager, Government-wide IT Category Management, ITC, FAS; Angela Washington, Office of Business Centers, Minority Business Development Agency (MBDA), U.S. Department of Commerce

To register for this members-only meeting, click here.

If you have any questions about the meeting, please contact Joseph Snyderwine at JSnyderwine@thecgp.org.

Green Committee Meeting: Impacts of the New FAR Part 23 on Sustainable Acquisition, July 9

On July 9 at 1:00 PM (ET), the Green Committee will host a members-only presentation from the Environmental Protection Agency (EPA) on ecolabels and sustainable procurement. Guest speakers will be Jenna Larkin, the Acting Section Lead for the EPA’s Environmentally Preferable Purchasing (EPP) Program, and Jonathan Rifkin, a Specialist and sustainable acquisition expert on the EPP team. 

Jenna and Jonathan will break down the FAR Council’s recently adopted Sustainable Procurement rule, effective as of May 22, which reorganizes and condenses the Federal Government’s approach to sustainable purchasing. They will also cover recent developments regarding the EPA’s Ecolabels program. 

To register for this members-only meeting, click here.  

If you have advance questions for Jenna and Jonathan about the Sustainable Procurement rule, please email Greg Waldron at gwaldron@thecgp.org by July 2, COB.

New Webinar:The BIOSECURE Act’s Potential Impact on the Biotechnology Supply Chain, July 10

Taking a page out of playbook used to establish the framework that excludes products of certain Chinese telecommunications companies from the federal market (e.g., the “Huawei ban”), the BIOSECURE Act would prohibit the federal government from purchasing biotechnology equipment or services from certain “companies of concern.” The Act does not stop there. It would also prohibit Executive agencies from contracting with a company that would use biotechnology equipment or services from a “biotechnology company of concern” in the performance of a federal contract.

Furniture Committee: Who is Eligible to Buy from the Schedules? July 11

On July 11 at 10:00 AM (ET), Thomas O’Linn, Senior Procurement Policy Analyst, Acquisition Policy Division of the Office of Government-Wide Policy at the General Services Administration, will be speaking at a meeting hosted by the Coalition’s Furniture Committee to provide an update on the Eligibility Process for using GSA sources of supply (e.g., contract vehicles). The meeting will be open to all members and held virtually. GSA will explain what entities, in addition to Federal agencies, are eligible to purchase from the Schedules program and FAQs on the subject.

To register for this virtual members-only meeting, click here.

Please provide any questions on this subject for GSA to address during the meeting to Greg Waldron at GWaldron@thecgp.org by July 1.

Pharmaceutical Pricing Summer Webinar Series

Welcome to the “Pharmaceutical Pricing Fun in the Sun Summer Webinar Series”! Join us for five weeks in July and August as we dive into the intricate and dynamic world of pharmaceutical contracts and pricing. This five-part series is designed to enlighten and engage professionals across the industry, offering invaluable insights into pricing strategies, regulations, market trends, and much more.

Speakers:

• Stephen Ruscus, Partner at BakerHostetler
• Greg Madden, Managing Member at Orlaithe Consulting

To register for the webinar series, click here. For any assistance with registration, please contact Madyson Whiting at mwhiting@thecgp.org.

July 11: Don’t Mistake an AMP for a WAMP – Key Characteristics for 5 Key Federal Health Care Programs

July 11, the first part of the Pharmaceutical Pricing “Fun in the Sun” Summer Webinar Series. In this detailed webinar, presenters Stephen and Greg will break down the essential characteristics of five key federal healthcare programs, including: Medicaid; Medicare Part B; Medicare Part D; The 340B Program; and The VA Veterans Healthcare Act

During the webinar, Stephen and Greg will discuss the critical distinctions between Average Manufacturer Price (AMP) and Weighted Average Manufacturer Price (WAMP) and their implications for both brand and generic drugs. Additionally, they will highlight and discuss a top issue impacting each program, providing you with the insights needed to stay compliant in this evolving landscape. Register today to gain a comprehensive understanding of these programs and their impact on pharmaceutical pricing.

July 18: The FSS Contract – 5 Key Legal, Pricing, Compliance, Finance and Contracts Issues

July 18, for an in-depth webinar focused on the Department of Veterans Affairs’ Federal Supply Schedule (FSS) Program. This session will explore five key aspects of an FSS contract that are recognized as essential by legal, pricing, compliance, finance, and contracts professionals. Stephen and Greg will provide valuable insights into the intricacies of negotiating and managing FSS contracts for brand drugs, generic drugs, and medical devices. Attendees will gain a comprehensive understanding of the strategic considerations, regulatory requirements, pricing strategies, and compliance issues critical to maintaining successful FSS agreements. Don’t miss this opportunity to enhance your knowledge and ensure your organization’s adherence to best practices in FSS contracting.

July 25: Public Law Season Is Fast Approaching – What Do I Do?

As public law season rapidly approaches, it is crucial to stay informed and prepared, especially for drugs marketed under New Drug Applications (NDAs) and Biologics License Applications (BLAs). Join us on July 25 for a timely and informative webinar as Stephen and Greg will guide you through the essential steps to navigate public law season.

During the webinar, Stephen and Greg will cover the latest compliance requirements and strategic considerations that impact pricing, including:

• Why and how are my prices capped?

• What is the calculation?

• What are 5 key considerations for my organization in reporting pricing?

• What are the relevant processes and timetables?

• How does the statutory calculation affect my contracts?

Don’t miss this opportunity to equip yourself with the knowledge and tools needed to successfully navigate the upcoming public law season.

August 1: Domestic Sourcing Requirements – The Old and the New

we are pleased to have Stephen and Greg present an insightful webinar dedicated to understanding the evolving landscape of domestic sourcing requirements for brand drugs, generic drugs, and medical devices. This session will delve into both the established regulations and the latest updates affecting sourcing practices, including:

• The Buy American Act;

• Critical Component and Critical Item Heightened Requirements

• Increasing Component Cost Requirements

• The Trade Agreements Act; and

• Political Developments Focusing Domestic Sourcing Requirements on China and National Security.

During the webinar, Stephen and Greg will discuss the implications of these requirements on supply chains, compliance strategies, and overall business operations. Attendees will gain a comprehensive overview of these requirements and learn how to navigate the complexities of domestic sourcing in today’s market.

August 15: The FSS Contract Revisited – Handling 5 Other Key Issues

On August 15, we will wrap up the summer webinar series with Part 2 of our deep dive into the Federal Supply Schedule (FSS) Program. Building on the foundational knowledge shared in our previous session, “The FSS Contract – 5 Key Things Legal, Pricing, Compliance, Finance, and Contracts All Agree Are Important,” this webinar will address five additional critical and emerging aspects of FSS contract compliance that are not price related.

During this webinar, Stephen and Greg will provide advanced insights and address additional complex issues related to negotiating, managing, and maintaining FSS contracts for brand drugs, generic drugs, and medical devices. Whether you attended the first webinar or are new to the topic, this session will enhance your understanding and help ensure your organization’s success in the FSS contracting landscape. Don’t miss this opportunity to deepen your expertise and stay current with best practices in FSS contracting.

Upcoming GSA Webinar on SAM.gov

On June 25, GSA is hosting its next IAE industry stakeholder forum on the various roles available in SAM.gov, as well as the importance of ensuring your organization always have more than one Entity Administrator. This stakeholder forum is appropriate for all SAM.gov users who want to learn about entity roles.   

To register, click here.

Data for Healthcare Members

To increase the number of valuable tools available for members, the Coalition has compiled several data sets pertaining to VA Medical Centers’ procedures, diagnoses, and product spend. Below is a description of the different VA data reports that the Coalition can provide to healthcare members based on areas of interest to their business:

• Diagnosis data by each VA Medical Center: Members can request a report by providing the relevant International Classification of Diseases (ICD)-10 codes of interest to their business.

• Procedure data by each VA Medical Center: Members can request a report by providing the relevant Current Procedural Terminology (CPT) codes of interest to their business.

• Prosthetic (medical implants, DME) product spend by VA Medical Center: members can request a report by providing the relevant Healthcare Common Procedure Coding System (HCPCS) codes of interest to their business for items managed by VHA Prosthetics.

For any data requests or related questions, please contact Michael Hanafin at mhanafin@thecgp.org.