Federal Supply Schedule Pricing Disclosures and Sales Reporting; GSAR Sections Affected: 515.408, 538.273, 552.238-80, 552.238-81, 552.238-83, 552.238-120

The below represents the pricing disclosures and sales reporting requirements currently codified in the GSAR covered by this information collection. a. Solicitation requirements. ● GSAR 515.408(b) prescribes the commercial sales practices format that applicable FSS offerors are to complete when submitting their offer. ● GSAR 515.408(c) prescribes the instructions for completing the commercial sales practices format prescribed in 515.408(b). FSS offerors are required to submit the information required in GSAR 515.408(b) as part of their offer. b. Clause requirements. ● Clause prescription. GSAR section 538.273 includes the prescription for the following GSAR clauses: 552.238-80; 552.238-81; 552.238-83; and 552.238-85. ● Clauses. The GSAR clauses covered by this information collection apply to contractors that hold a FSS contract that are subject to certain pricing disclosures and sales reporting requirements (e.g., sometimes referred to as non-TDR contracts). These GSAR clauses require contractors to submit information, as necessary, as part of contract performance. The following is the information requested per clause: ○ Basic version of GSAR clause 552.238-80, Industrial Funding Fee and Sales Reporting. The basic version of this clause requires contractors to report once a quarter contract sales as well as to remit the Industrial Funding Fee (IFF) due to GSA. Sales reporting includes reporting any instances where “zero” sales occurred during the reporting period as well. ○ Basic version of GSAR clause 552.238-81, Price Reductions. The basic version of this clause requires a contractor to notify the FSS contracting officer of all price reductions to the customer (or category of customers) that was the basis of award. The contractor's report shall include an explanation of the conditions under which the reductions were made. The basic version of this clause also allows the contractor to offer the FSS contracting officer a voluntary Governmentwide price reduction at any time during the contract period. ○ 552.238-83, Examination of Records by GSA. This clause requires contractors (regardless if TDR requirements apply or not) to maintain certain records and to ensure the Administrator of General Services or any duly authorized representative have to and the right to examine any books, documents, papers and records of the contractor involving transactions related to this contract for overbillings, billing errors, compliance with GSAR clauses 552.238-81 and 552.238-80. ○ 552.238-85, Contractor’s Billing Responsibilities. The clause allows a contractor to authorize their dealer(s) to bill ordering activities and accept payment on behalf of the contractor (regardless if TDR requirements apply or not). In this case, the contractor and dealer must enter into an agreement that includes, but not limited to, the dealer agreeing to maintain certain records on sales under the contractor’s FSS contract. This record keeping requirement does not add any additional burden to what is already captured by GSAR clause 552.238-80. ○ 552.238-120, Economic Price Adjustment—Federal Supply Schedule Contracts. This clause allows contractors (regardless if TDR requirements apply or not) to request economic price adjustments during contract performance. Contractors requesting price adjustment must submit requests that fully conform to the requirements of the economic price adjustment method and include sufficient information to support the request.

The latest form for Federal Supply Schedule Pricing Disclosures and Sales Reporting; GSAR Sections Affected: 515.408, 538.273, 552.238-80, 552.238-81, 552.238-83, 552.238-120 expires 2029-02-28 and can be found here.