82_FR_59859 82 FR 59619 - Procurement Through Commercial e-Commerce Portals

82 FR 59619 - Procurement Through Commercial e-Commerce Portals

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 82, Issue 240 (December 15, 2017)

Page Range59619-59621
FR Document2017-26964

The General Services Administration (GSA) and the Office of Management and Budget (OMB) are interested in conducting an ongoing dialogue with industry about Section 846 of the National Defense Authorization Act (NDAA) for Fiscal Year 2018, Procurement through Commercial e-Commerce Portals. The dialogue begins with this public notice and request for comment. GSA is providing external stakeholders the opportunity to offer input on the first implementation phase outlined in Section 846, an implementation plan due to Congress within 90 days of enactment. GSA and OMB are hosting a modified town-hall style public meeting to help inform the Phase I submittal.

Federal Register, Volume 82 Issue 240 (Friday, December 15, 2017)
[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Pages 59619-59621]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26964]


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GENERAL SERVICES ADMINISTRATION

[Notice-MV-2017-05; Docket No. 2017-0002; Sequence No. 25]


Procurement Through Commercial e-Commerce Portals

AGENCY: Office of Acquisition Policy, General Services Administration.

ACTION: Notice of a public meeting and request for information.

-----------------------------------------------------------------------

SUMMARY: The General Services Administration (GSA) and the Office of 
Management and Budget (OMB) are interested in conducting an ongoing 
dialogue with industry about Section 846 of the National Defense 
Authorization Act (NDAA) for Fiscal Year 2018, Procurement through 
Commercial e-Commerce Portals. The dialogue begins with this public 
notice and request for comment.
    GSA is providing external stakeholders the opportunity to offer 
input on the first implementation phase outlined in Section 846, an 
implementation plan due to Congress within 90 days of enactment.
    GSA and OMB are hosting a modified town-hall style public meeting 
to help inform the Phase I submittal.

DATES: The public meeting will be conducted on January 9, 2018, at 8:30 
a.m. Eastern Standard Time. Further Information for the public meeting 
may be found under the heading SUPPLEMENTARY INFORMATION.

ADDRESSES: The meeting will be held at GSA's Central Office, at 1800 F 
St NW, Washington, DC 20405.
    Submit comments identified by ``Procurement Through Commercial e-
Commerce Portals'', by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments by searching for ``Procurement Through Commercial e-Commerce 
Portals''. Select the link ``Comment Now'' and follow the instructions 
provided at the ``You are commenting on'' screen. Please include your 
name, company name (if any), and ``Procurement Through Commercial e-
Commerce Portals'', on your attached document.
     Mail: U.S. General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW, 2nd Floor, ATTN: Lois 
Mandell, Washington, DC 20405-0001.
    Instructions: Please submit comments only and cite ``Procurement 
Through Commercial e-Commerce Portals'' in all correspondence related 
to this case. All comments received will be posted without change to 
http://www.regulations.gov, including any personal and/or business 
confidential information provided.

FOR FURTHER INFORMATION CONTACT: Matthew McFarland at 
[email protected], or 202-690-9232, for clarification of content, 
public meeting information and submission of comment. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite ``Procurement Through 
Commercial e-Commerce Portals''.
    Written Comments/Statements: Interested parties may submit written 
comments to www.regulations.gov by January 16, 2018.
    GSA and OMB encourage early engagement so that public input may be 
considered in the formulation of the Phase I implementation plan, which 
is due to Congress within 90 days of enactment of the NDAA for Fiscal 
Year 2018.

SUPPLEMENTARY INFORMATION: 

I. Background

    The General Services Administration (GSA) was established to 
provide the United States Government with centralized procurement. For 
decades, GSA has provided access to commercial products through a 
number of channels including GSA Advantage!, GSA eBuy, GSA Global 
Supply, and the Federal Supply Schedules. Across the Government, the 
market for commercial products is estimated to be greater than $50 
billion annually.
    GSA has long been focused on improving the acquisition of 
commercial items. Throughout its history, GSA has sought to leverage 
the best available technology to help agencies shorten the time to 
delivery, reduce administrative cost, make compliance easier, be a 
strategic thought leader and supplier of choice across the Federal 
Government, and be a good partner to industry. Today, the best 
available technology includes commercial e-commerce portals.
    The National Defense Authorization Act (NDAA) for Fiscal Year 2018, 
Section 846 Procurement Through Commercial e-Commerce Portals, directs 
the Administrator of the GSA to establish a program to procure 
commercial products through commercial e-commerce portals. Section 846 
language can be found at the following link--https://interact.gsa.gov/group/commercial-platform-initiative. Section 846 paragraph (c) 
instructs the ``Director of the Office of Management and Budget, in 
consultation with the GSA Administrator and the heads of other relevant 
departments and agencies,'' to carry out three implementation phases. 
Phase I requires:

    Not later than 90 days after the date of the enactment of this 
Act, an implementation plan and schedule for carrying out the 
program established pursuant to subsection (a), including a 
discussion and recommendations regarding whether any changes to, or 
exemptions from, laws that set forth policies, procedures, 
requirements, or restrictions for the procurement of property or 
services by the Federal Government are necessary for effective 
implementation of this section.

    GSA and OMB intend to establish an ongoing dialogue with industry 
and interested parties in Government throughout the program's 
implementation. As a first step, GSA and OMB are seeking feedback from 
outside stakeholders on initial ideas for general program design and 
buying practices and, in that context, whether existing laws, Executive 
Orders, policies or other requirements may hinder effective 
implementation of the program.

II. Written Comments

    To assist GSA and OMB in drafting the Phase I implementation plan, 
GSA and OMB are inviting interested parties to submit written comments. 
GSA and OMB are encouraging those comments be submitted before the 
public meeting on January 9, 2018, which will help

[[Page 59620]]

GSA and OMB prepare informed questions for the public meeting 
discussions. However, all comments must be submitted by January 16, 
2018, which will allow the Government to take them into account before 
drafting the Phase I implementation plan.
    To facilitate comment submission, GSA and OMB have developed a 
number of questions grouped around three focus areas--program design, 
business practices, and implementation. Each question is intended to 
provide respondents with a general framework for commenting. These 
questions are not intended to be all-inclusive; other comments and 
observations are encouraged. GSA and OMB understand the tight timeframe 
for initial comment may limit commenters' ability to fully address 
every issue and are therefore encouraging commenters to continue their 
analysis and provide additional input at future outreach sessions.

A. General Program Design

    1. Leveraging existing e-commerce portal providers. What factors 
would encourage portal providers to contract with GSA to operate e-
commerce portals for Government use? What are the standard terms and 
conditions relating to purchasing through the portal? Which of these 
standard terms and conditions would need to change for Federal 
Government buying? What relief from applicable laws, Executive Orders, 
regulations, and policies is necessary for portal providers to want to 
enter this marketplace?
    2. Number of portals. What factors should GSA take into 
consideration when determining the appropriate number of contracts to 
award to portal providers to achieve the objectives of the law (i.e., 
enhancing competition, expediting procurement, enabling market 
research, and ensuring reasonable pricing of commercial products)? For 
example, would it be appropriate for GSA to seek to limit overlap of 
product categories and/or make award to a single portal provider for a 
product category? In some industries, such as travel, aggregators and 
metasearch engines permit easy comparison shopping. Does such a model 
fit into a commercial-off-the-shelf (COTS) product marketplace?
    3. Phase-in. Section 846 envisions that the program would be 
available to acquisitions under the simplified acquisition threshold 
(SAT), which pursuant to NDAA Section 806, will be $250,000. 
Notwithstanding this limitation, should GSA take an incremental 
approach to the roll-out of the program? If so, should the phase-in be 
based on dollar value (e.g., focus initially on a threshold below the 
SAT), certain product categories (e.g., lab equipment, office supplies, 
clothing), and/or some other variable? Explain.
    4. Relationship between GSA, Government buyers, e-commerce portal 
providers, and sellers through portal providers. What is the commercial 
practice for the privity of contract relationship between e-commerce 
portal providers, sellers through portal providers, and buyers? Who 
should have privity of contract under the program? Should the portal 
provider have privity of contract with the sellers? Should the 
Government buyer have privity of contract with the seller through the 
portal provider?
    5. Relationship to existing programs. How should GSA consider the 
relationship between this program and other GSA managed Government-wide 
acquisition programs that provide ready access to COTS items, such as 
the Federal Supply Schedules and the national supply system? What 
unintended consequences, if any, do you envision, and what steps, if 
any, do you recommend to avoid them?

B. Buying Practices

    1. Competition. How do commercial firms consider competition when 
conducting purchases through commercial e-commerce portals, compared to 
the Federal Government's approach to competition in its acquisition 
system? Should all purchases between the micro-purchase threshold and 
the SAT be treated in identical fashion in terms of competition? How, 
if at all, should the competition rules be modified from what is 
currently required by the Federal Acquisition Regulation (FAR) for COTS 
purchases?
    2. Pricing, delivery and other terms of sale. How do commercial 
firms establish pricing, delivery, and other terms of sales when buying 
COTS products through commercial e-commerce portals? Should the 
Government's commercial e-commerce portal program allow GSA and/or 
Government buyers to negotiate discounts from stated prices and other 
concessions (e.g., volume discounts, faster delivery, longer 
warranties), as is done under the Federal Supply Schedules contracts? 
Alternatively, should Government buyers be restricted to a ``take it or 
leave it'' approach that limits customers to the prices sellers offer 
commercial customers based on the competitive pressures of the 
platform? How does the relationship between the e-commerce portal 
provider and supplier drive the approach?
    3. Compliance. What is the commercial practice of e-commerce portal 
providers for monitoring compliance with applicable laws/regulations 
and supply chain risk management of sellers through the portal? To the 
extent that purchases made through the portal are subject to certain 
Government-unique requirements, who should be responsible for ensuring 
compliance (e.g., the platform provider, the seller, the government 
buyer, other)?
    4. Considerations for small businesses, socio-economic programs, 
and mandatory sources. What, if any, adjustments should be made to 
existing requirements associated with small businesses, socio-economic 
programs, and mandatory sources?
    5. Supplier and product performance. What are the commercial 
practices for reviewing supplier and product performance on commercial 
e-commerce portals? How should the Government use supplier and product 
reviews for this program? Should Government reviews be public? Should 
the Government rely on commercial reviews integrated in the existing e-
commerce platform when making purchases through the program? What role 
should existing Government past performance data play in the program?
    6. Responsibility of platform sellers. What are the commercial 
practices of e-commerce portal providers vetting the sellers on their 
platform? What, if any, responsibility determination should be made for 
companies selling through the portals, who should make the 
responsibility determination, and when should such a determination be 
made?

C. Implementation

    1. Changes to existing acquisition framework for COTS items. If the 
program were only to apply core commercial item clauses in contracts 
with e-commerce portal providers and suppliers who sell through the 
portal, could the program operate successfully in part or in full? If 
not, what additional changes are needed to statutes, Executive Orders, 
regulations, policies, and other guidance and tools, to make the 
program successful? Where possible, please tie recommendations for 
relief to suggestions made in response to other questions to help 
illustrate the potential benefits of action and the potential 
consequences of inaction.
    2. Level of relief. Should the list of applicable laws, Executive 
Orders, regulations, and policies applicable to program purchases be 
identical for all COTS transactions over the micro-purchase threshold 
and up to the SAT?

[[Page 59621]]

    3. Rulemaking. Should the regulations for this program be in the 
FAR, in separate GSA regulations, or both? Why?

D. Additional Considerations

    What other issues are especially important in thinking about Phase 
I and the initial implementation plan?

III. Public Meeting

    GSA and OMB are holding a modified town-hall style public meeting 
on January 9, 2018. The meeting will start at 8:30 a.m. Eastern 
Standard Time and conclude no later than 4:00 p.m. Eastern Standard 
Time. Attendees can attend the meeting in person at GSA Central Office 
or virtually through GSA's internet meeting platform, Adobe Connect. 
Further details on the virtual meeting will be made available via GSA 
Interact at https://interact.gsa.gov/group/commercial-platform-initiative. (GSA may encourage industry-to-industry dialogue through 
this interact site.)
    GSA and OMB will not make presentations and will not answer 
questions during this meeting. Instead, GSA and OMB will actively 
listen to the viewpoints and information presented by different 
interested parties. GSA and OMB may pose questions to participants to 
clarify feedback, to generate dialogue, or to increase understanding.
    This meeting will focus on Phase I. Future sessions are envisioned 
to gather information for subsequent implementation phases.
    In-person Attendance: Interested parties may attend the public 
meeting to be held in the GSA Auditorium at GSA Headquarters, located 
at 1800 F St NW, Washington, DC 20405. The public is asked to pre-
register by January 2, 2018, due to security and seating limitations. 
To pre-register, email the names of attendees (required) and the name 
of their organization (not required) to Mr. Matthew McFarland at 
[email protected].
    Registration check-in will begin at 7:30 a.m. Eastern Standard Time 
January 9, 2018, and the meeting will start promptly at 8:30 a.m. 
Eastern Standard Time, January 9, 2018. Attendees must be prepared to 
present a form of government-issued photo identification.
    Oral Presentations: GSA and OMB intend to conduct a modified town-
hall/panel style discussion focused around each of the three main 
topics outlined above (i.e., program design, buying practices, and 
implementation). GSA will assign parties interested in presenting (at 
the public meeting) into panels.
    GSA intends to organize panel discussions around each of the three 
topic areas (General Program Design, Buying Practices, and 
Implementation). Each panel discussion will include up to five 
panelists and is expected to run between one to two hours. Parties 
wishing to participate as a panel member should email Mr. Matthew 
McFarland at [email protected] by December 28, 2017, noting which of 
the three topics they wish to address.
    GSA will select the panelists from amongst those expressing an 
interest and will formally notify them of which panel and estimated 
starting time. In selecting panelists, GSA will seek an array of 
perspectives, backgrounds, and views.
    As part of the facilitated dialogue, GSA and OMB employees will ask 
the panelists questions. Time permitting, other attendees may also be 
invited to ask questions. Time will be reserved before the conclusion 
of the meeting for attendees to comment on issues not already 
addressed.
    Note: Requests made after the deadline to participate on a panel 
may be accepted if space permits.
    Virtual Attendance: Interested parties may also attend virtually 
through GSA's virtual meeting platform, hosted by Adobe Connect. 
Further details on the virtual meeting will be made available via GSA 
Interact at https://interact.gsa.gov/group/commercial-platform-initiative.
    Meeting Accommodations: The public meeting is physically accessible 
to people with disabilities. Request for sign language interpretation 
or other auxiliary aids should be directed to Mr. Matthew McFarland at 
[email protected] or 202-690-9232 by December 28, 2017.
    The TTY number for further information is: 1-800-877-8339. When the 
operator answers the call, let them know the agency is the General 
Services Administration; the point-of-contact is Mr. Matthew McFarland 
at 202-690-9232.

    Dated: December 11, 2017.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy, General Services Administration.
[FR Doc. 2017-26964 Filed 12-14-17; 8:45 am]
 BILLING CODE 6820-61-P



                                                                              Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices                                              59619

                                                   As in prior proposals,11 commenters                   Information for the public meeting may                Government, the market for commercial
                                                requested that the Board undertake a                     be found under the heading                            products is estimated to be greater than
                                                periodic, full-scale review of the data                  SUPPLEMENTARY INFORMATION.                            $50 billion annually.
                                                items required in the FR Y–14                            ADDRESSES: The meeting will be held at                   GSA has long been focused on
                                                submissions, and that the Board                          GSA’s Central Office, at 1800 F St NW,                improving the acquisition of
                                                increase edit check thresholds or allow                  Washington, DC 20405.                                 commercial items. Throughout its
                                                for permanent closure options. In                           Submit comments identified by                      history, GSA has sought to leverage the
                                                response, the Board confirms that it                     ‘‘Procurement Through Commercial e-                   best available technology to help
                                                regularly reviews the required elements                  Commerce Portals’’, by any of the                     agencies shorten the time to delivery,
                                                of the FR Y–14 submissions and will                      following methods:                                    reduce administrative cost, make
                                                continue to review the requirements to                      • Regulations.gov: http://                         compliance easier, be a strategic thought
                                                ensure they are appropriate. The current                 www.regulations.gov. Submit comments                  leader and supplier of choice across the
                                                edit check thresholds and permanent                      by searching for ‘‘Procurement Through                Federal Government, and be a good
                                                closure of edit checks are varied and                    Commercial e-Commerce Portals’’.                      partner to industry. Today, the best
                                                have been determined on a case-by-case                   Select the link ‘‘Comment Now’’ and                   available technology includes
                                                basis depending on the data item to                      follow the instructions provided at the               commercial e-commerce portals.
                                                which the edit check pertains. Given the                 ‘‘You are commenting on’’ screen.                        The National Defense Authorization
                                                disparate nature of the data items being                 Please include your name, company                     Act (NDAA) for Fiscal Year 2018,
                                                collected, it would be inappropriate to                  name (if any), and ‘‘Procurement                      Section 846 Procurement Through
                                                create uniform minimum thresholds                        Through Commercial e-Commerce                         Commercial e-Commerce Portals, directs
                                                across all schedules.                                    Portals’’, on your attached document.                 the Administrator of the GSA to
                                                                                                            • Mail: U.S. General Services                      establish a program to procure
                                                  Board of Governors of the Federal Reserve
                                                System, December 11, 2017.                               Administration, Regulatory Secretariat                commercial products through
                                                                                                         Division (MVCB), 1800 F Street NW,                    commercial e-commerce portals. Section
                                                Ann E. Misback,
                                                                                                         2nd Floor, ATTN: Lois Mandell,                        846 language can be found at the
                                                Secretary of the Board.
                                                                                                         Washington, DC 20405–0001.                            following link—https://interact.gsa.gov/
                                                [FR Doc. 2017–26960 Filed 12–14–17; 8:45 am]                                                                   group/commercial-platform-initiative.
                                                                                                            Instructions: Please submit comments
                                                BILLING CODE 6210–01–P
                                                                                                         only and cite ‘‘Procurement Through                   Section 846 paragraph (c) instructs the
                                                                                                         Commercial e-Commerce Portals’’ in all                ‘‘Director of the Office of Management
                                                                                                         correspondence related to this case. All              and Budget, in consultation with the
                                                GENERAL SERVICES                                         comments received will be posted                      GSA Administrator and the heads of
                                                ADMINISTRATION                                           without change to http://                             other relevant departments and
                                                [Notice-MV–2017–05; Docket No. 2017–                     www.regulations.gov, including any                    agencies,’’ to carry out three
                                                0002; Sequence No. 25]                                   personal and/or business confidential                 implementation phases. Phase I
                                                                                                         information provided.                                 requires:
                                                Procurement Through Commercial e-                        FOR FURTHER INFORMATION CONTACT:                         Not later than 90 days after the date of the
                                                Commerce Portals                                         Matthew McFarland at section846@                      enactment of this Act, an implementation
                                                                                                         gsa.gov, or 202–690–9232, for                         plan and schedule for carrying out the
                                                AGENCY:  Office of Acquisition Policy,                                                                         program established pursuant to subsection
                                                General Services Administration.                         clarification of content, public meeting
                                                                                                                                                               (a), including a discussion and
                                                ACTION: Notice of a public meeting and                   information and submission of                         recommendations regarding whether any
                                                request for information.                                 comment. For information pertaining to                changes to, or exemptions from, laws that set
                                                                                                         status or publication schedules, contact              forth policies, procedures, requirements, or
                                                SUMMARY:   The General Services                          the Regulatory Secretariat at 202–501–                restrictions for the procurement of property
                                                Administration (GSA) and the Office of                   4755. Please cite ‘‘Procurement Through               or services by the Federal Government are
                                                Management and Budget (OMB) are                          Commercial e-Commerce Portals’’.                      necessary for effective implementation of this
                                                interested in conducting an ongoing                         Written Comments/Statements:                       section.
                                                dialogue with industry about Section                     Interested parties may submit written                    GSA and OMB intend to establish an
                                                846 of the National Defense                              comments to www.regulations.gov by                    ongoing dialogue with industry and
                                                Authorization Act (NDAA) for Fiscal                      January 16, 2018.                                     interested parties in Government
                                                Year 2018, Procurement through                              GSA and OMB encourage early                        throughout the program’s
                                                Commercial e-Commerce Portals. The                       engagement so that public input may be                implementation. As a first step, GSA
                                                dialogue begins with this public notice                  considered in the formulation of the                  and OMB are seeking feedback from
                                                and request for comment.                                 Phase I implementation plan, which is                 outside stakeholders on initial ideas for
                                                  GSA is providing external                              due to Congress within 90 days of                     general program design and buying
                                                stakeholders the opportunity to offer                    enactment of the NDAA for Fiscal Year                 practices and, in that context, whether
                                                input on the first implementation phase                  2018.                                                 existing laws, Executive Orders, policies
                                                outlined in Section 846, an                              SUPPLEMENTARY INFORMATION:                            or other requirements may hinder
                                                implementation plan due to Congress                                                                            effective implementation of the
                                                within 90 days of enactment.                             I. Background
                                                                                                                                                               program.
                                                  GSA and OMB are hosting a modified                       The General Services Administration
                                                                                                         (GSA) was established to provide the                  II. Written Comments
sradovich on DSK3GMQ082PROD with NOTICES




                                                town-hall style public meeting to help
                                                inform the Phase I submittal.                            United States Government with                            To assist GSA and OMB in drafting
                                                DATES: The public meeting will be                        centralized procurement. For decades,                 the Phase I implementation plan, GSA
                                                conducted on January 9, 2018, at 8:30                    GSA has provided access to commercial                 and OMB are inviting interested parties
                                                a.m. Eastern Standard Time. Further                      products through a number of channels                 to submit written comments. GSA and
                                                                                                         including GSA Advantage!, GSA eBuy,                   OMB are encouraging those comments
                                                  11 See, for example, responses to comments             GSA Global Supply, and the Federal                    be submitted before the public meeting
                                                outline in the final tailoring rule (82 FR 9308).        Supply Schedules. Across the                          on January 9, 2018, which will help


                                           VerDate Sep<11>2014    23:42 Dec 14, 2017   Jkt 244001   PO 00000   Frm 00045   Fmt 4703   Sfmt 4703   E:\FR\FM\15DEN1.SGM   15DEN1


                                                59620                       Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices

                                                GSA and OMB prepare informed                            initially on a threshold below the SAT),                 3. Compliance. What is the
                                                questions for the public meeting                        certain product categories (e.g., lab                 commercial practice of e-commerce
                                                discussions. However, all comments                      equipment, office supplies, clothing),                portal providers for monitoring
                                                must be submitted by January 16, 2018,                  and/or some other variable? Explain.                  compliance with applicable laws/
                                                which will allow the Government to                        4. Relationship between GSA,                        regulations and supply chain risk
                                                take them into account before drafting                  Government buyers, e-commerce portal                  management of sellers through the
                                                the Phase I implementation plan.                        providers, and sellers through portal                 portal? To the extent that purchases
                                                  To facilitate comment submission,                     providers. What is the commercial                     made through the portal are subject to
                                                GSA and OMB have developed a                            practice for the privity of contract                  certain Government-unique
                                                number of questions grouped around                      relationship between e-commerce portal                requirements, who should be
                                                three focus areas—program design,                       providers, sellers through portal                     responsible for ensuring compliance
                                                business practices, and implementation.                 providers, and buyers? Who should                     (e.g., the platform provider, the seller,
                                                Each question is intended to provide                    have privity of contract under the                    the government buyer, other)?
                                                respondents with a general framework                    program? Should the portal provider                      4. Considerations for small
                                                for commenting. These questions are not                 have privity of contract with the sellers?            businesses, socio-economic programs,
                                                intended to be all-inclusive; other                     Should the Government buyer have                      and mandatory sources. What, if any,
                                                comments and observations are                           privity of contract with the seller                   adjustments should be made to existing
                                                encouraged. GSA and OMB understand                      through the portal provider?                          requirements associated with small
                                                the tight timeframe for initial comment                   5. Relationship to existing programs.               businesses, socio-economic programs,
                                                may limit commenters’ ability to fully                  How should GSA consider the                           and mandatory sources?
                                                address every issue and are therefore                   relationship between this program and                    5. Supplier and product performance.
                                                encouraging commenters to continue                      other GSA managed Government-wide                     What are the commercial practices for
                                                their analysis and provide additional                   acquisition programs that provide ready               reviewing supplier and product
                                                input at future outreach sessions.                                                                            performance on commercial e-
                                                                                                        access to COTS items, such as the
                                                A. General Program Design                               Federal Supply Schedules and the                      commerce portals? How should the
                                                  1. Leveraging existing e-commerce                     national supply system? What                          Government use supplier and product
                                                portal providers. What factors would                    unintended consequences, if any, do                   reviews for this program? Should
                                                encourage portal providers to contract                  you envision, and what steps, if any, do              Government reviews be public? Should
                                                with GSA to operate e-commerce portals                  you recommend to avoid them?                          the Government rely on commercial
                                                for Government use? What are the                                                                              reviews integrated in the existing e-
                                                                                                        B. Buying Practices
                                                standard terms and conditions relating                                                                        commerce platform when making
                                                to purchasing through the portal? Which                    1. Competition. How do commercial                  purchases through the program? What
                                                of these standard terms and conditions                  firms consider competition when                       role should existing Government past
                                                would need to change for Federal                        conducting purchases through                          performance data play in the program?
                                                Government buying? What relief from                     commercial e-commerce portals,                           6. Responsibility of platform sellers.
                                                applicable laws, Executive Orders,                      compared to the Federal Government’s                  What are the commercial practices of e-
                                                regulations, and policies is necessary for              approach to competition in its                        commerce portal providers vetting the
                                                portal providers to want to enter this                  acquisition system? Should all                        sellers on their platform? What, if any,
                                                marketplace?                                            purchases between the micro-purchase                  responsibility determination should be
                                                  2. Number of portals. What factors                    threshold and the SAT be treated in                   made for companies selling through the
                                                should GSA take into consideration                      identical fashion in terms of                         portals, who should make the
                                                when determining the appropriate                        competition? How, if at all, should the               responsibility determination, and when
                                                number of contracts to award to portal                  competition rules be modified from                    should such a determination be made?
                                                providers to achieve the objectives of                  what is currently required by the
                                                                                                                                                              C. Implementation
                                                the law (i.e., enhancing competition,                   Federal Acquisition Regulation (FAR)
                                                expediting procurement, enabling                        for COTS purchases?                                      1. Changes to existing acquisition
                                                market research, and ensuring                              2. Pricing, delivery and other terms of            framework for COTS items. If the
                                                reasonable pricing of commercial                        sale. How do commercial firms establish               program were only to apply core
                                                products)? For example, would it be                     pricing, delivery, and other terms of                 commercial item clauses in contracts
                                                appropriate for GSA to seek to limit                    sales when buying COTS products                       with e-commerce portal providers and
                                                overlap of product categories and/or                    through commercial e-commerce                         suppliers who sell through the portal,
                                                make award to a single portal provider                  portals? Should the Government’s                      could the program operate successfully
                                                for a product category? In some                         commercial e-commerce portal program                  in part or in full? If not, what additional
                                                industries, such as travel, aggregators                 allow GSA and/or Government buyers                    changes are needed to statutes,
                                                and metasearch engines permit easy                      to negotiate discounts from stated prices             Executive Orders, regulations, policies,
                                                comparison shopping. Does such a                        and other concessions (e.g., volume                   and other guidance and tools, to make
                                                model fit into a commercial-off-the-shelf               discounts, faster delivery, longer                    the program successful? Where possible,
                                                (COTS) product marketplace?                             warranties), as is done under the                     please tie recommendations for relief to
                                                  3. Phase-in. Section 846 envisions                    Federal Supply Schedules contracts?                   suggestions made in response to other
                                                that the program would be available to                  Alternatively, should Government                      questions to help illustrate the potential
                                                acquisitions under the simplified                       buyers be restricted to a ‘‘take it or leave          benefits of action and the potential
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                                                acquisition threshold (SAT), which                      it’’ approach that limits customers to the            consequences of inaction.
                                                pursuant to NDAA Section 806, will be                   prices sellers offer commercial                          2. Level of relief. Should the list of
                                                $250,000. Notwithstanding this                          customers based on the competitive                    applicable laws, Executive Orders,
                                                limitation, should GSA take an                          pressures of the platform? How does the               regulations, and policies applicable to
                                                incremental approach to the roll-out of                 relationship between the e-commerce                   program purchases be identical for all
                                                the program? If so, should the phase-in                 portal provider and supplier drive the                COTS transactions over the micro-
                                                be based on dollar value (e.g., focus                   approach?                                             purchase threshold and up to the SAT?


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                                                                            Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices                                                59621

                                                  3. Rulemaking. Should the regulations                    GSA intends to organize panel                      DEPARTMENT OF HEALTH AND
                                                for this program be in the FAR, in                      discussions around each of the three                  HUMAN SERVICES
                                                separate GSA regulations, or both?                      topic areas (General Program Design,
                                                Why?                                                    Buying Practices, and Implementation).                Designation of a Class of Employees
                                                                                                        Each panel discussion will include up                 for Addition to the Special Exposure
                                                D. Additional Considerations                                                                                  Cohort
                                                                                                        to five panelists and is expected to run
                                                  What other issues are especially                      between one to two hours. Parties
                                                important in thinking about Phase I and                                                                       AGENCY: National Institute for
                                                                                                        wishing to participate as a panel                     Occupational Safety and Health
                                                the initial implementation plan?
                                                                                                        member should email Mr. Matthew                       (NIOSH), Centers for Disease Control
                                                III. Public Meeting                                     McFarland at section846@gsa.gov by                    and Prevention, Department of Health
                                                   GSA and OMB are holding a modified                   December 28, 2017, noting which of the                and Human Services (HHS).
                                                town-hall style public meeting on                       three topics they wish to address.                    ACTION: Notice.
                                                January 9, 2018. The meeting will start                    GSA will select the panelists from
                                                at 8:30 a.m. Eastern Standard Time and                  amongst those expressing an interest                  SUMMARY:   HHS gives notice of a
                                                conclude no later than 4:00 p.m. Eastern                and will formally notify them of which                decision to designate a class of
                                                Standard Time. Attendees can attend                     panel and estimated starting time. In                 employees from the Idaho National
                                                the meeting in person at GSA Central                    selecting panelists, GSA will seek an                 Laboratory (INL) in Scoville, Idaho, as
                                                Office or virtually through GSA’s                       array of perspectives, backgrounds, and               an addition to the Special Exposure
                                                internet meeting platform, Adobe                                                                              Cohort (SEC) under the Energy
                                                                                                        views.
                                                Connect. Further details on the virtual                                                                       Employees Occupational Illness
                                                meeting will be made available via GSA                     As part of the facilitated dialogue,               Compensation Program Act of 2000.
                                                Interact at https://interact.gsa.gov/                   GSA and OMB employees will ask the                    FOR FURTHER INFORMATION CONTACT:
                                                group/commercial-platform-initiative.                   panelists questions. Time permitting,                 Stuart L. Hinnefeld, Director, Division
                                                (GSA may encourage industry-to-                         other attendees may also be invited to                of Compensation Analysis and Support,
                                                industry dialogue through this interact                 ask questions. Time will be reserved                  NIOSH, 1090 Tusculum Avenue, MS C–
                                                site.)                                                  before the conclusion of the meeting for              46, Cincinnati, OH 45226–1938,
                                                   GSA and OMB will not make                            attendees to comment on issues not                    Telephone 1–877–222–7570.
                                                presentations and will not answer                       already addressed.                                    Information requests can also be
                                                questions during this meeting. Instead,                    Note: Requests made after the                      submitted by email to DCAS@CDC.GOV.
                                                GSA and OMB will actively listen to the                 deadline to participate on a panel may                SUPPLEMENTARY INFORMATION:
                                                viewpoints and information presented
                                                                                                        be accepted if space permits.                           Authority: 42 U.S.C. 7384q(b). 42 U.S.C.
                                                by different interested parties. GSA and
                                                OMB may pose questions to participants                     Virtual Attendance: Interested parties             7384l(14)(C).
                                                to clarify feedback, to generate dialogue,              may also attend virtually through GSA’s                 On November 22, 2017, as provided
                                                or to increase understanding.                           virtual meeting platform, hosted by                   for under 42 U.S.C. 7384l(14)(C),the
                                                   This meeting will focus on Phase I.                  Adobe Connect. Further details on the                 Acting Secretary of HHS designated the
                                                Future sessions are envisioned to gather                virtual meeting will be made available                following class of employees as an
                                                information for subsequent                              via GSA Interact at https://                          addition to the SEC:
                                                implementation phases.                                  interact.gsa.gov/group/commercial-                       All employees of the Department of
                                                   In-person Attendance: Interested                     platform-initiative.                                  Energy, its predecessor agencies, and their
                                                parties may attend the public meeting to                                                                      contractors and subcontractors who worked
                                                be held in the GSA Auditorium at GSA                       Meeting Accommodations: The public                 at the Idaho National Laboratory (INL) in
                                                Headquarters, located at 1800 F St NW,                  meeting is physically accessible to                   Scoville, Idaho, and who were monitored for
                                                Washington, DC 20405. The public is                     people with disabilities. Request for                 external radiation at the Idaho Chemical
                                                                                                        sign language interpretation or other                 Processing Plant (CPP) (e.g., at least one film
                                                asked to pre-register by January 2, 2018,                                                                     badge or TLD dosimeter from CPP) between
                                                due to security and seating limitations.                auxiliary aids should be directed to Mr.
                                                                                                                                                              January 1, 1975, and December 31, 1980, for
                                                To pre-register, email the names of                     Matthew McFarland at section846@
                                                                                                                                                              a number of work days aggregating at least
                                                attendees (required) and the name of                    gsa.gov or 202–690–9232 by December                   250 work days, occurring solely under this
                                                their organization (not required) to Mr.                28, 2017.                                             employment, or in combination with work
                                                Matthew McFarland at section846@                           The TTY number for further                         days within the parameters established for
                                                gsa.gov.                                                information is: 1–800–877–8339. When                  one or more other classes of employees in the
                                                   Registration check-in will begin at                                                                        Special Exposure Cohort.
                                                                                                        the operator answers the call, let them
                                                7:30 a.m. Eastern Standard Time                         know the agency is the General Services                  This designation will become
                                                January 9, 2018, and the meeting will                   Administration; the point-of-contact is               effective on December 22, 2017, unless
                                                start promptly at 8:30 a.m. Eastern                                                                           Congress provides otherwise prior to the
                                                                                                        Mr. Matthew McFarland at 202–690–
                                                Standard Time, January 9, 2018.                                                                               effective date. After this effective date,
                                                                                                        9232.
                                                Attendees must be prepared to present                                                                         HHS will publish a notice in the
                                                a form of government-issued photo                         Dated: December 11, 2017.                           Federal Register reporting the addition
                                                identification.                                         Jeffrey A. Koses,                                     of this class to the SEC or the result of
                                                   Oral Presentations: GSA and OMB                      Senior Procurement Executive, Office of               any provision by Congress regarding the
                                                intend to conduct a modified town-hall/
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                                                                                                        Acquisition Policy, Office of Government-             decision by HHS to add the class to the
                                                panel style discussion focused around                   wide Policy, General Services Administration.         SEC.
                                                each of the three main topics outlined                  [FR Doc. 2017–26964 Filed 12–14–17; 8:45 am]
                                                above (i.e., program design, buying                                                                           John Howard,
                                                                                                        BILLING CODE 6820–61–P
                                                practices, and implementation). GSA                                                                           Director, National Institute for Occupational
                                                will assign parties interested in                                                                             Safety and Health.
                                                presenting (at the public meeting) into                                                                       [FR Doc. 2017–27038 Filed 12–14–17; 8:45 am]
                                                panels.                                                                                                       BILLING CODE 4163–19–P




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Document Created: 2017-12-15 03:37:46
Document Modified: 2017-12-15 03:37:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a public meeting and request for information.
DatesThe public meeting will be conducted on January 9, 2018, at 8:30 a.m. Eastern Standard Time. Further Information for the public meeting may be found under the heading SUPPLEMENTARY INFORMATION.
ContactMatthew McFarland at [email protected], or 202-690-9232, for clarification of content, public meeting information and submission of comment. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite ``Procurement Through Commercial e-Commerce Portals''.
FR Citation82 FR 59619 

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