Jenner & Block

Commercial Items and the Federal Supply Schedule

We regularly advise our clients on the sale and license of commercial items and services to the federal government.  This encompasses a wide range of issues, including (1) applying and interpreting the requirements of FAR Part 12 “Acquisition of Commercial Items”; (2) advising on how to structure arrangements to meet the FAR tests for “minor modifications” or selling items “of a type”  customarily used by the general public; (3) sorting out the unique application of the Truth in Negotiations Act (TINA) to modifications of commercial items being sold to the Department of Defense; (4) preparing commercial software licenses; (5) addressing the numerous requirements for contracting under the General Service Administration’s Federal Supply Schedule (FSS) program and Multiple Award Schedule (MAS) contracts, including identifying the most advantageous “Basis of Award” category; avoiding the pitfalls of the GSA’s “Price Reductions” clause; and representing clients in GSA investigations over the Price Reductions clause and related MAS issues.