83_FR_28102 83 FR 27986 - Request for Information From Platform Providers of Commercial e-Commerce Portals

83 FR 27986 - Request for Information From Platform Providers of Commercial e-Commerce Portals

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 83, Issue 116 (June 15, 2018)

Page Range27986-27989
FR Document2018-12891

The General Services Administration (GSA) is soliciting information from the providers of commercial e-Commerce Portals in order to complete Phase II of the requirements enacted in Section 846 of the National Defense Authorization Act (NDAA) for Fiscal Year 2018, Procurement through Commercial e-Commerce Portals. Note: A separate RFI is posted for suppliers who sell products through commercial e-commerce portal. Throughout the design of this program, GSA and the Office of Management and Budget (OMB) have emphasized open and ongoing engagement. The questions in this RFI are intended to continue the dialogue and to allow GSA and OMB both to draft the Phase II report (due to Congress in March 2019) and to move towards phased implementation later in 2019.

Federal Register, Volume 83 Issue 116 (Friday, June 15, 2018)
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 27986-27989]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12891]


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GENERAL SERVICES ADMINISTRATION

[Notice-QP-2018-03; Docket No. 2018-0002; Sequence No. 12]


Request for Information From Platform Providers of Commercial e-
Commerce Portals

AGENCY: Office of Enterprise Strategy Management, General Services 
Administration (GSA).

ACTION: Request for information.

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

SUMMARY: The General Services Administration (GSA) is soliciting 
information from the providers of commercial e-Commerce Portals in 
order to complete Phase II of the requirements enacted in Section 846 
of the National Defense Authorization Act (NDAA) for Fiscal Year 2018, 
Procurement through Commercial e-Commerce Portals. Note: A separate RFI 
is posted for suppliers who sell products through commercial e-commerce 
portal. Throughout the design of this program, GSA and the Office of 
Management and Budget (OMB) have emphasized open and ongoing 
engagement. The questions in this RFI are intended to continue the 
dialogue and to allow GSA and OMB both to draft the Phase II report 
(due to Congress in March 2019) and to move towards phased 
implementation later in 2019.

DATES: Interested parties may submit written comments to 
www.regulations.gov by July 20, 2018. GSA is also hosting its second 
modified town-hall style public meeting. This meeting is in furtherance 
of Phase II on June 21, 2018, at 8:30 a.m. Eastern Standard Time. 
Further Information for the public meeting may be found on the 
Commercial Platform Interact group page on https://interact.gsa.gov/group/commercial-platform-initiative and in the Federal Register notice 
(83 FR 25004) published on May 31, 2018.

ADDRESSES: Submit comments identified by ``Request for information from 
Platform Providers of Commercial

[[Page 27987]]

e-Commerce Portals'', by any of the following methods:
     Regulations.gov: http://www.regulations.gov.
    Submit comments by searching for ``Request for information from 
Platform Providers of 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 ``Request for information from Platform Providers of 
Commercial e-Commerce Portals'', on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW, 2nd Floor, ATTN: Ms. 
Mandell, Washington, DC 20405-0001.
    Instructions: Please submit comments only and cite ``Request for 
information from Platform Providers of 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: Jasmine Schaaphok at 
jasmine.schaaphok@gsa.gov, or 571-330-3941, for clarification of 
content and submission of comment. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755. Please cite ``Request for information from Platform Providers 
of Commercial e-Commerce Portals''.

SUPPLEMENTARY INFORMATION: 

I. Background

    The General Services Administration's (GSA) mission is to deliver 
value and savings in real estate, acquisition, technology, and other 
mission-support services across Government. 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.
    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. 
OMB and GSA completed Phase I, an initial implementation plan, in March 
of 2018.
    The plan, found at https://interact.gsa.gov/document/gsa-and-omb-phase-i-deliverable-attached, discusses government and industry 
stakeholder goals and concerns, the different types of portal provider 
models currently prevalent in the commercial market, and areas where 
legislative change or clarification are required to enable flexibility 
in the full and effective use of commercial e-commerce portals in 
accordance with the goals of section 846. The plan also outlines 
deliverables anticipated to be completed in FYs 18, 19, and 20.
    GSA is currently working on Phase II with the intent of delivering 
a proof of concept near the end of FY19. Phase II of the legislation 
requires (excerpt below):

    (2) PHASE II: MARKET ANALYSIS AND CONSULTATION.--Not later than 
one year after the date of the submission of the implementation plan 
and schedule required under paragraph (1), recommendations for any 
changes to, or exemptions from, laws necessary for effective 
implementation of this section, and information on the results of 
the following actions:
    (A) Market analysis and initial communications with potential 
commercial e-commerce portal providers on technical considerations 
of how the portals function (including the use of standard terms and 
conditions of the portals by the Government), the degree of 
customization that can occur without creating a Government-unique 
portal, the measures necessary to address the considerations for 
supplier and product screening specified in subsection (e), security 
of data, considerations pertaining to nontraditional Government 
contractors, and potential fees, if any, to be charged by the 
Administrator, the portal provider, or the suppliers for 
participation in the program established pursuant to subsection (a).
    (B) Consultation with affected departments and agencies about 
their unique procurement needs, such as supply chain risks for 
health care products, information technology, software, or any other 
category determined necessary by the Administrator.
    (C) An assessment of the products or product categories that are 
suitable for purchase on the commercial e-commerce portals.
    (D) An assessment of the precautions necessary to safeguard any 
information pertaining to the Federal Government, especially 
precautions necessary to protect against national security or 
cybersecurity threats.
    (E) A review of standard terms and conditions of commercial e-
commerce portals in the context of Government requirements.
    (F) An assessment of the impact on existing programs, including 
schedules, set-asides for small business concerns, and other 
preference programs.

II. Written Comments

    To assist in meeting the requirements associated with Phase II of 
the implementation, GSA and OMB are inviting portal providers to submit 
written comments. (A separate RFI has been issued for suppliers 
interested in selling through portals.) GSA is requesting those 
comments be submitted by July 20, 2018, which will allow the Government 
to take them into account as we are drafting our Phase II deliverable.
    To facilitate comment submission, GSA and OMB have developed a 
number of questions grouped around five focus areas--spending trends, 
data standards, user experience, cybersecurity, and terms and 
conditions. These five areas are central to the analysis required for 
Phase II, e.g. the terms and conditions questions will further the 
analysis required in paragraph (E). A sixth focus area is intended to 
give respondents an opportunity to provide feedback that, in addition 
to the five areas described above, will help to inform GSA about the 
general scope, shape, and types of products that should be considered 
for a proof of concept. In accordance with the Phase I implementation 
plan, the proof of concept is planned for launch in FY 2019.
    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.

1. Spending Trends Questions

    a. Spend Data: Over the past few months, GSA has participated in 
demos provided by portal providers, many of whom have expressed a 
willingness to share data on Government spend conducted through their 
platforms, i.e. purchases using government-issued purchase cards. 
Government spend data can be identified by looking at the first four 
digits of the government-issued purchase card. These four digits are:

[[Page 27988]]

5565 and 5568 (Mastercard); and 4486, 4614, and 4716 (Visa).
    Would you be willing to share this spend data with GSA? 
Additionally, are you willing to share reports or dashboards 
demonstrating your analytics capabilities? (If yes, GSA will reach out 
separately to coordinate these requests.)
    For those portal providers willing to share such information, the 
following categories of aggregated Government spend data from civilian 
agency and DoD buyers, over the last 3 years, would be particularly 
useful:
    i. Spend by agency:

1. Total spend broken out by agency
2. Number of transactions by agency
3. Average order size by agency
4. Seasonality of purchasing (i.e. only at the end of an FY or are they 
spread out evenly throughout the year?)

    ii. Spend by product category:

1. Categories/subcategories comprising 80% of the annual spend through 
your portal
2. Dollar value, count of transactions, count of suppliers, proportion 
of small and large supplier (count and dollars) for each category/
subcategory
3. Agencies comprising 80% of the dollar value for each category/
subcategory

    iii. Spend outside the Contiguous US (OCONUS) vs spend within the 
Contiguous US (CONUS)
    iv. Spend by socioeconomic/small business designations.
    b. Additional considerations:
    i. What taxonomy or taxonomies are used to sort products into 
suitable categories and subcategories, e.g. product service codes 
(PSCs) or North American Industry Classification System (NAICS) code? 
Please identify if the classification system is proprietary.
    ii. What level and types of transactional data are made available 
to buyers?
    iii. What functionalities and/or capabilities are available to 
buyers to analyze transactional data? Do you offer your commercial 
buyers the opportunity to develop customized data analytics 
capabilities?
    iv. How do the pricing algorithms respond to sudden increases in 
demand?
    v. The Government seeks to increase small business participation 
through this initiative. How might your platform aid in increasing 
small business participation? What capabilities does your system have 
(or what would you need from GSA or other agencies) to track agency 
spending from the various socio-economic categories of small business 
(small disadvantaged business, women-owned small business, service-
disabled veteran-owned small business, HUBZone small business) so that 
Government agencies can receive credit toward their agency socio-
economic goals when they buy through your portal? Please explain.
    vi. The Government seeks to promote compliance with mandatory 
sources (e.g. AbilityOne Program, Federal Prison Industries). What 
capabilities does your system have to track agency spending from these 
sources and limit ``leakage'' where purchases are made from non-
mandatory sources?
    vii. How are you shipping items to base locations/overseas? What 
are your labelling requirements/standards that you follow?

2. Data Standards

    a. How do you use third party supplier data?
    b. What are your data protection/security practices for 
safeguarding both user and third-party supplier data?
    c. What are your standard terms and conditions with third-party 
suppliers and buyers regarding your use and their use of spend data?
    d. Is your platform capable of integrating information from the 
System for Award Management (www.sam.gov) to identify if a seller is a 
small business in accordance with FAR 19.303? If not, explain why. 
Would you be interested in testing capabilities with beta sam.gov?

3. User Experience and Program Design

    a. GSA seeks to ensure that the government purchase card buyers 
have a simple and clear user experience when selecting products across 
multiple providers. How would you suggest we accomplish this? For 
example, how could GSA get to a single log-on across portals? Are there 
commercial analogs that achieve this purpose? If so, what, if any, 
drawbacks or obstacles do those models present?
    b. How are your supplier relationships structured? What fees are 
charged? What do the onboarding and offboarding processes look like?
    c. As a portal providers, do you have the capability to participate 
in a `punchout' type of ecommerce experience? Please explain.
    d. Implementation and operationalization of this program will 
entail the involvement of GSA, ordering agencies, portal providers, and 
third-party suppliers. GSA envisions its role primarily focusing on the 
following:
    i. Negotiating the contracts with the portal providers;
    ii. working with stakeholders to shape the scope of product 
offerings, based on suitability, potential challenges in managing 
supply chain risk, and other considerations;
    iii. working with agencies on effective use of protocols and 
safeguards to refine access to product offerings;
    iv. collecting, vetting and sharing data; and,
    v. developing guidance in consultation with OMB and training 
federal agencies in proper competitive procedures through the portal; 
and,
    vi. potentially validating the suppliers as responsible business 
partners.
    Do you agree with this description of roles and responsibilities 
for GSA in optimizing the user experience and the overall success of 
the program? Are there key items missing?
    e. The section 846 language stated both that all existing 
procurement laws applied and that GSA should strive to be consistent 
with commercial practice. To reconcile these objectives, in Phase I, 
GSA only proposed legislative changes necessary to reach program 
implementation, primarily around the nature of competition. For 
purposes of Phase II, what additional legislative changes GSA should 
consider proposing?

4. Cyber-Security Questions

    GSA welcomes any insights that can be shared regarding how your 
platform addresses the following cybersecurity topics:

a. Financial data theft/fraud
b. Intellectual property theft/damage
c. Distributed Denial of Service
d. Man in the Middle Attacks
e. Compliance with Information Security Standards
f. Data storage
g. Vulnerability assessments/monitoring
h. Encryption
i. Disaster Recovery
j. Network monitoring

5. Standard Terms and Conditions

a. General Roles and Responsibilities
    i. For products sold by third parties on your portal, what, if any, 
responsibilities do you assume with respect to a sale?
    ii. For what, if any, purposes do you consider the third party 
supplier selling on your portal to be your ``subcontractor''?
    iii. What, if any, of the value-added portal services and 
functionalities (e.g., order tracking, payment processing) have been 
outsourced? Do you consider them subcontractors? If not, why not?
    iv. Other than the suppliers selling on the portal and those 
providing value-

[[Page 27989]]

added portal services and functionalities, are there entities that are 
considered subcontractors of your business? If yes, what functions do 
these entities perform for your business?
b. Order Tracking, Delivery and Issue Resolution
    i. Describe how orders and delivery are tracked.
    ii. Describe how issues are resolved (e.g., if the product doesn't 
arrive in a timely manner or needs to be returned). Identify who is 
responsible for resolving these issues when the sale involves a third 
party seller. Include information on customer/ordering official 
management throughout the process.
c. Payment
    i. When a buyer makes a payment for a purchase on the portal, who 
processes the payment?
    ii. What are the payment procedures?
    iii. Are payments by Electronic Funds Transfer allowed?
d. To Assist GSA in Determining the Applicability of the Service 
Contract Act to a Portal Contract Under the Section 846 Program, Please 
Advise of the Type of Work Your Employees Would Perform Under Such a 
Contract.
e. Suitability of FAR Commercial Service Requirements
    i. Please address the extent you believe the following clauses/
provisions are consistent with and/or are relevant to current, standard 
commercial practice for operating commercial e-commerce portals. If 
they are not consistent and/or relevant, please indicate what obstacles 
they would present if applied to the section 846 program. Conversely, 
if there are public policy reasons why any of these should be retained, 
please explain.

1. 52.212-4(a), Inspection and acceptance
2. 52.212-4(b), Assignment of claims
3. 52.212-4(g), Invoice
4. 52.212-4(k), Taxes
5. 52.212-4(n), Title
6. 52.212-4(q), Other compliances
7. 52.204-10, Reporting Executive Compensation and First-Tier 
Subcontract Awards
8. 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award
9. 52.219-4, Notice of Price Evaluation Preference for HUBZone Small 
Business Concerns
10. 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business 
Set-Aside
11. 52.222-3, Convict Labor
12. 52.222-17, Nondisplacement of Qualified Workers
13. 52.222-35, Equal Opportunity for Veterans
14. 52.222-37, Employment Reports on Veterans
15. 52.223-18, Encouraging Contractor Policies to Ban Text Messaging 
While Driving
16. 52.232-29, Terms for Financing of Purchases of Commercial Items
17. 52.232-30, Installment Payments for Commercial Items
18. 52.242-5, Payments to Small Business Subcontractors
19. 52.212-3(t), Public Disclosure of Greenhouse Gas Emissions and 
Reduction Goals
20. 52-212-4(f), Excusable Delays
21. 52.212-4(h), Patent Indemnity
22. 52.212-4(i)(4), Discount
23. 52.212-4(s), Order of precedence
24. 52.232-40, Providing Accelerated Payments to Small Business 
Subcontractors
25. 52.223-9, Estimate of Percentage of Recovered Material Content for 
EPA-Designated Items
f. Additional Considerations:
    i. Are there different terms and conditions based on the country 
being served by a given commercial e-commerce portal?
    ii. If you are not registered on www.sam.gov would you be willing 
to register? Why or why not?
    iii. For your other commercial customers, do you offer ways to 
limit access to products on your platform for B2B customers who may not 
want access to your full catalog?
g. Copies of standard terms and conditions:
    i. Please provide GSA with copies of your standard terms and 
conditions that apply to your suppliers?
    ii. Please provide GSA with copies of your standard terms and 
conditions that apply to users (i.e. buyers)?

6. Proof of concept

    As explained in the Phase I implementation plan, GSA intends to 
proceed with a proof of concept in FY 2019. What is your recommended 
vision for a proof of concept that would be both manageable and 
meaningful, including types of products offered?

    Dated: June 11, 2018.
Laura J. Stanton,
Assistant Commissioner, Office of Enterprise Strategy Management, 
Federal Acquisition Service, General Services Administration.
[FR Doc. 2018-12891 Filed 6-14-18; 8:45 am]
 BILLING CODE 6820-89-P



                                                27986                           Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices

                                                complete copies of the following records                1934, as amended, or the rules and                     1850 M Street NW, Suite 240,
                                                for the Station (as such records exist as               regulations of the Commission, and (iii)               Washington, DC 20036.
                                                of the release date of the Order): (a) All              there have been any other violations of                  22. It is further ordered that the
                                                station logs for the relevant license term;             the Communications Act of 1934, as                     Secretary of the Commission shall cause
                                                (b) all quarterly issues and programs                   amended, or the rules and regulations of               to have this Order or a summary thereof
                                                lists for the relevant license term; and                the Commission which, taken together,                  published in the Federal Register.
                                                (c) to the extent not included in the                   would constitute a pattern of abuse; (b)               Federal Communications Commission.
                                                station logs, all EAS participant records               In light of the evidence adduced                       Katura Jackson,
                                                for the relevant license term. FVC may                  pursuant to issue (a) above, whether the
                                                                                                                                                               Federal Register Liaison Officer, Office of the
                                                not destroy or remove any of such                       captioned application for renewal of the               Secretary.
                                                records prior to such filing, or redact or              license for Station KLSX(FM) should be
                                                                                                                                                               [FR Doc. 2018–12835 Filed 6–14–18; 8:45 am]
                                                modify any information in such records                  granted on such terms and conditions as
                                                                                                                                                               BILLING CODE 6712–01–P
                                                as they exist as of the release date of the             are appropriate, including renewal for a
                                                Order. In the event that, on or after the               term less than the maximum otherwise
                                                release date of the Order, FVC creates or               permitted, or denied due to failure to
                                                modifies any documents that it so                       satisfy the requirements of section                    GENERAL SERVICES
                                                provides, each such document should                     309(k)(1) of the Communications Act of                 ADMINISTRATION
                                                be prominently marked with the date                     1934, as amended, 47 U.S.C. 309(k)(1).                 [Notice–QP–2018–03; Docket No. 2018–
                                                that it was created or revised                             17. It is further ordered, pursuant to              0002; Sequence No. 12]
                                                (identifying the revision(s)) and FVC                   section 309(e) of the Communications
                                                should include in the sponsoring                        Act of 1934, as amended, 47 U.S.C.                     Request for Information From Platform
                                                affidavit or declaration an explanation                 309(e), and section 1.254 of the                       Providers of Commercial e-Commerce
                                                of who created or revised the document                  Commission’s rules, 47 CFR 1.254, that                 Portals
                                                and when he or she did so. We                           the burden of proceeding with the
                                                                                                                                                               AGENCY:  Office of Enterprise Strategy
                                                otherwise will conduct the hearing                      introduction of evidence and the burden
                                                                                                                                                               Management, General Services
                                                without discovery, although the                         of proof with respect to the issues
                                                                                                                                                               Administration (GSA).
                                                Commission or its staff may make                        specified in Paragraph 18 of the Order
                                                                                                        shall be on the applicant, Family Voice                ACTION: Request for information.
                                                inquiries or conduct investigations
                                                pursuant to Part 73 of the Rules and any                Communications, LLC.                                   SUMMARY:   The General Services
                                                reports filed in this docket as a result of                18. It is further ordered that Family               Administration (GSA) is soliciting
                                                such inquiries or investigations will                   Voice Communications, LLC is made a                    information from the providers of
                                                become part of the record in this                       party to this proceeding.                              commercial e-Commerce Portals in
                                                hearing.                                                   19. It is further ordered that, to avail
                                                                                                                                                               order to complete Phase II of the
                                                   15. We will take official notice of all              itself of the opportunity to be heard and
                                                                                                                                                               requirements enacted in Section 846 of
                                                publicly-available Commission records                   the right to present evidence at a
                                                                                                                                                               the National Defense Authorization Act
                                                for the Station as part of the record in                hearing in these proceedings, Family
                                                                                                                                                               (NDAA) for Fiscal Year 2018,
                                                this docket. FVC has the burden of                      Voice Communications, LLC shall file
                                                                                                                                                               Procurement through Commercial e-
                                                proceeding with evidence and the                        complete and correct copies of the
                                                                                                        documents described in Paragraph 16 of                 Commerce Portals. Note: A separate RFI
                                                burden of proof in this hearing. Within                                                                        is posted for suppliers who sell
                                                60 days of publication of notice of the                 the Order, on or before the date
                                                                                                        specified. If Family Voice                             products through commercial e-
                                                Order in the Federal Register, FVC will                                                                        commerce portal. Throughout the
                                                file a written direct case on the                       Communications, LLC fails to file such
                                                                                                        documents for KLSX(FM) within the                      design of this program, GSA and the
                                                designated issues, no longer than 25                                                                           Office of Management and Budget
                                                pages, and supported by an affidavit or                 time specified, or a petition to accept,
                                                                                                        for good cause shown, such filing                      (OMB) have emphasized open and
                                                unsworn declaration pursuant to 47 CFR
                                                                                                        beyond the expiration of such period, its              ongoing engagement. The questions in
                                                1.16. Within 30 days of FVC’s filing, any
                                                                                                        captioned license renewal application                  this RFI are intended to continue the
                                                other person granted party status may
                                                                                                        for the station shall be dismissed with                dialogue and to allow GSA and OMB
                                                file a responsive submission, no longer
                                                                                                        prejudice for failure to prosecute and                 both to draft the Phase II report (due to
                                                than 25 pages and supported by an
                                                                                                        the license of the station shall be                    Congress in March 2019) and to move
                                                affidavit or unsworn declaration. Within
                                                                                                        terminated.                                            towards phased implementation later in
                                                10 days of the deadline for filing such
                                                                                                           20. It is further ordered that Family               2019.
                                                responses, FVC may file a rebuttal
                                                submission addressing all responses, no                 Voice Communications, LLC shall,                       DATES: Interested parties may submit
                                                longer than 10 pages and supported by                   pursuant to section 311(a)(2) of the                   written comments to
                                                an affidavit or unsworn declaration.                    Communications Act of 1934, as                         www.regulations.gov by July 20, 2018.
                                                   16. Accordingly, it is ordered,                      amended, 47 U.S.C. 311(a)(2), and 47                   GSA is also hosting its second modified
                                                pursuant to sections 309(e) and (k)(3)                  CFR 73.3594, give notice of the hearing                town-hall style public meeting. This
                                                and 312(g) of the Communications Act                    within the time and in the manner                      meeting is in furtherance of Phase II on
                                                of 1934, as amended, 47 U.S.C. 309(e),                  prescribed therein, and thereafter                     June 21, 2018, at 8:30 a.m. Eastern
                                                309(k)(3) and 312(g), the captioned                     submit the statement described in 47                   Standard Time. Further Information for
                                                application for renewal of license for                  CFR 73.3594(g).                                        the public meeting may be found on the
                                                                                                           21. It is further ordered that a copy of            Commercial Platform Interact group
sradovich on DSK3GMQ082PROD with NOTICES




                                                Station KLSX(FM) is designated for a
                                                hearing upon the following issues: (a)                  this Order shall be sent by Certified                  page on https://interact.gsa.gov/group/
                                                To determine whether, during the                        Mail, Return Receipt Requested, and by                 commercial-platform-initiative and in
                                                preceding license term, (i) the station                 regular first-class mail to Family Voice               the Federal Register notice (83 FR
                                                has served the public interest,                         Communications, LLC, 9004 South 8th                    25004) published on May 31, 2018.
                                                convenience, and necessity, (ii) there                  Drive, Phoenix, AZ 85041, with a copy                  ADDRESSES: Submit comments
                                                have been any serious violations by the                 to its counsel of record, Lee J. Peltzman,             identified by ‘‘Request for information
                                                licensee of the Communications Act of                   Esq., Shainis & Peltzman Chartered,                    from Platform Providers of Commercial


                                           VerDate Sep<11>2014   17:11 Jun 14, 2018   Jkt 244001   PO 00000   Frm 00038   Fmt 4703   Sfmt 4703   E:\FR\FM\15JNN1.SGM   15JNN1


                                                                                Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices                                              27987

                                                e-Commerce Portals’’, by any of the                        The National Defense Authorization                    (C) An assessment of the products or
                                                following methods:                                      Act (NDAA) for Fiscal Year 2018,                       product categories that are suitable for
                                                   • Regulations.gov: http://                           Section 846 Procurement Through                        purchase on the commercial e-commerce
                                                                                                                                                               portals.
                                                www.regulations.gov.                                    Commercial e-Commerce Portals, directs
                                                                                                                                                                 (D) An assessment of the precautions
                                                   Submit comments by searching for                     the Administrator of the GSA to                        necessary to safeguard any information
                                                ‘‘Request for information from Platform                 establish a program to procure                         pertaining to the Federal Government,
                                                Providers of Commercial e-Commerce                      commercial products through                            especially precautions necessary to protect
                                                Portals’’. Select the link ‘‘Comment                    commercial e-commerce portals. Section                 against national security or cybersecurity
                                                Now’’ and follow the instructions                       846 language can be found at the                       threats.
                                                provided at the ‘‘You are commenting                    following link—https://interact.gsa.gov/                 (E) A review of standard terms and
                                                on’’ screen. Please include your name,                  group/commercial-platform-initiative.                  conditions of commercial e-commerce portals
                                                                                                                                                               in the context of Government requirements.
                                                company name (if any), and ‘‘Request                    Section 846 paragraph (c) instructs the
                                                                                                                                                                 (F) An assessment of the impact on existing
                                                for information from Platform Providers                 ‘‘Director of the Office of Management                 programs, including schedules, set-asides for
                                                of Commercial e-Commerce Portals’’, on                  and Budget, in consultation with the                   small business concerns, and other
                                                your attached document.                                 GSA Administrator and the heads of                     preference programs.
                                                   • Mail: General Services                             other relevant departments and
                                                                                                        agencies,’’ to carry out three                         II. Written Comments
                                                Administration, Regulatory Secretariat
                                                Division (MVCB), 1800 F Street NW,                      implementation phases. OMB and GSA                        To assist in meeting the requirements
                                                2nd Floor, ATTN: Ms. Mandell,                           completed Phase I, an initial                          associated with Phase II of the
                                                Washington, DC 20405–0001.                              implementation plan, in March of 2018.                 implementation, GSA and OMB are
                                                   Instructions: Please submit comments                    The plan, found at https://                         inviting portal providers to submit
                                                only and cite ‘‘Request for information                 interact.gsa.gov/document/gsa-and-                     written comments. (A separate RFI has
                                                from Platform Providers of Commercial                   omb-phase-i-deliverable-attached,                      been issued for suppliers interested in
                                                e-Commerce Portals’’ in all                             discusses government and industry                      selling through portals.) GSA is
                                                correspondence related to this case. All                stakeholder goals and concerns, the                    requesting those comments be
                                                comments received will be posted                        different types of portal provider models              submitted by July 20, 2018, which will
                                                without change to http://                               currently prevalent in the commercial                  allow the Government to take them into
                                                www.regulations.gov, including any                      market, and areas where legislative                    account as we are drafting our Phase II
                                                personal and/or business confidential                   change or clarification are required to                deliverable.
                                                information provided.                                   enable flexibility in the full and                        To facilitate comment submission,
                                                                                                        effective use of commercial e-commerce                 GSA and OMB have developed a
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        portals in accordance with the goals of                number of questions grouped around
                                                Jasmine Schaaphok at                                                                                           five focus areas—spending trends, data
                                                jasmine.schaaphok@gsa.gov, or 571–                      section 846. The plan also outlines
                                                                                                        deliverables anticipated to be completed               standards, user experience,
                                                330–3941, for clarification of content                                                                         cybersecurity, and terms and
                                                and submission of comment. For                          in FYs 18, 19, and 20.
                                                                                                           GSA is currently working on Phase II                conditions. These five areas are central
                                                information pertaining to status or                                                                            to the analysis required for Phase II, e.g.
                                                                                                        with the intent of delivering a proof of
                                                publication schedules, contact the                                                                             the terms and conditions questions will
                                                                                                        concept near the end of FY19. Phase II
                                                Regulatory Secretariat at 202–501–4755.                                                                        further the analysis required in
                                                                                                        of the legislation requires (excerpt
                                                Please cite ‘‘Request for information                                                                          paragraph (E). A sixth focus area is
                                                                                                        below):
                                                from Platform Providers of Commercial                                                                          intended to give respondents an
                                                e-Commerce Portals’’.                                      (2) PHASE II: MARKET ANALYSIS AND
                                                                                                        CONSULTATION.—Not later than one year                  opportunity to provide feedback that, in
                                                SUPPLEMENTARY INFORMATION:                              after the date of the submission of the                addition to the five areas described
                                                I. Background                                           implementation plan and schedule required              above, will help to inform GSA about
                                                                                                        under paragraph (1), recommendations for               the general scope, shape, and types of
                                                  The General Services                                  any changes to, or exemptions from, laws               products that should be considered for
                                                Administration’s (GSA) mission is to                    necessary for effective implementation of this         a proof of concept. In accordance with
                                                deliver value and savings in real estate,               section, and information on the results of the         the Phase I implementation plan, the
                                                acquisition, technology, and other                      following actions:
                                                                                                           (A) Market analysis and initial                     proof of concept is planned for launch
                                                mission-support services across                                                                                in FY 2019.
                                                                                                        communications with potential commercial
                                                Government. For decades, GSA has                        e-commerce portal providers on technical                  Each question is intended to provide
                                                provided access to commercial products                  considerations of how the portals function             respondents with a general framework
                                                through a number of channels including                  (including the use of standard terms and               for commenting. These questions are not
                                                GSA Advantage!, GSA eBuy, GSA                           conditions of the portals by the Government),          intended to be all-inclusive; other
                                                Global Supply, and the Federal Supply                   the degree of customization that can occur             comments and observations are
                                                Schedules.                                              without creating a Government-unique                   encouraged.
                                                  GSA has long been focused on                          portal, the measures necessary to address the
                                                                                                        considerations for supplier and product                1. Spending Trends Questions
                                                improving the acquisition of                            screening specified in subsection (e), security
                                                commercial items. Throughout its                        of data, considerations pertaining to                     a. Spend Data: Over the past few
                                                history, GSA has sought to leverage the                 nontraditional Government contractors, and             months, GSA has participated in demos
                                                best available technology to help                       potential fees, if any, to be charged by the           provided by portal providers, many of
                                                agencies shorten the time to delivery,                                                                         whom have expressed a willingness to
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                                                                                                        Administrator, the portal provider, or the
                                                reduce administrative cost, make                        suppliers for participation in the program             share data on Government spend
                                                compliance easier, be a strategic thought               established pursuant to subsection (a).                conducted through their platforms, i.e.
                                                leader and supplier of choice across the                   (B) Consultation with affected departments          purchases using government-issued
                                                                                                        and agencies about their unique procurement
                                                Federal Government, and be a good                       needs, such as supply chain risks for health           purchase cards. Government spend data
                                                partner to industry. Today, the best                    care products, information technology,                 can be identified by looking at the first
                                                available technology includes                           software, or any other category determined             four digits of the government-issued
                                                commercial e-commerce portals.                          necessary by the Administrator.                        purchase card. These four digits are:


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                                                27988                           Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices

                                                5565 and 5568 (Mastercard); and 4486,                   business (small disadvantaged business,                   ii. working with stakeholders to shape
                                                4614, and 4716 (Visa).                                  women-owned small business, service-                   the scope of product offerings, based on
                                                   Would you be willing to share this                   disabled veteran-owned small business,                 suitability, potential challenges in
                                                spend data with GSA? Additionally, are                  HUBZone small business) so that                        managing supply chain risk, and other
                                                you willing to share reports or                         Government agencies can receive credit                 considerations;
                                                dashboards demonstrating your                           toward their agency socio-economic                        iii. working with agencies on effective
                                                analytics capabilities? (If yes, GSA will               goals when they buy through your                       use of protocols and safeguards to refine
                                                reach out separately to coordinate these                portal? Please explain.                                access to product offerings;
                                                requests.)                                                 vi. The Government seeks to promote                    iv. collecting, vetting and sharing
                                                   For those portal providers willing to                compliance with mandatory sources                      data; and,
                                                share such information, the following                   (e.g. AbilityOne Program, Federal Prison                  v. developing guidance in
                                                categories of aggregated Government                     Industries). What capabilities does your               consultation with OMB and training
                                                spend data from civilian agency and                     system have to track agency spending                   federal agencies in proper competitive
                                                DoD buyers, over the last 3 years, would                from these sources and limit ‘‘leakage’’               procedures through the portal; and,
                                                be particularly useful:                                 where purchases are made from non-                        vi. potentially validating the suppliers
                                                   i. Spend by agency:                                  mandatory sources?                                     as responsible business partners.
                                                1. Total spend broken out by agency                        vii. How are you shipping items to                     Do you agree with this description of
                                                2. Number of transactions by agency                     base locations/overseas? What are your                 roles and responsibilities for GSA in
                                                3. Average order size by agency                         labelling requirements/standards that                  optimizing the user experience and the
                                                4. Seasonality of purchasing (i.e. only at              you follow?                                            overall success of the program? Are
                                                      the end of an FY or are they spread                                                                      there key items missing?
                                                      out evenly throughout the year?)                  2. Data Standards                                         e. The section 846 language stated
                                                   ii. Spend by product category:                         a. How do you use third party                        both that all existing procurement laws
                                                1. Categories/subcategories comprising                  supplier data?                                         applied and that GSA should strive to
                                                      80% of the annual spend through                     b. What are your data protection/                    be consistent with commercial practice.
                                                      your portal                                       security practices for safeguarding both               To reconcile these objectives, in Phase
                                                2. Dollar value, count of transactions,                 user and third-party supplier data?                    I, GSA only proposed legislative
                                                      count of suppliers, proportion of                   c. What are your standard terms and                  changes necessary to reach program
                                                      small and large supplier (count and               conditions with third-party suppliers                  implementation, primarily around the
                                                      dollars) for each category/                       and buyers regarding your use and their                nature of competition. For purposes of
                                                      subcategory                                       use of spend data?                                     Phase II, what additional legislative
                                                3. Agencies comprising 80% of the                         d. Is your platform capable of                       changes GSA should consider
                                                      dollar value for each category/                   integrating information from the System                proposing?
                                                      subcategory                                       for Award Management (www.sam.gov)                     4. Cyber-Security Questions
                                                   iii. Spend outside the Contiguous US                 to identify if a seller is a small business
                                                                                                        in accordance with FAR 19.303? If not,                    GSA welcomes any insights that can
                                                (OCONUS) vs spend within the                                                                                   be shared regarding how your platform
                                                Contiguous US (CONUS)                                   explain why. Would you be interested
                                                                                                        in testing capabilities with beta                      addresses the following cybersecurity
                                                   iv. Spend by socioeconomic/small                                                                            topics:
                                                business designations.                                  sam.gov?
                                                                                                                                                               a. Financial data theft/fraud
                                                   b. Additional considerations:                        3. User Experience and Program Design
                                                   i. What taxonomy or taxonomies are                                                                          b. Intellectual property theft/damage
                                                                                                           a. GSA seeks to ensure that the                     c. Distributed Denial of Service
                                                used to sort products into suitable
                                                                                                        government purchase card buyers have                   d. Man in the Middle Attacks
                                                categories and subcategories, e.g.
                                                                                                        a simple and clear user experience                     e. Compliance with Information
                                                product service codes (PSCs) or North
                                                                                                        when selecting products across multiple                     Security Standards
                                                American Industry Classification
                                                                                                        providers. How would you suggest we                    f. Data storage
                                                System (NAICS) code? Please identify if
                                                                                                        accomplish this? For example, how                      g. Vulnerability assessments/monitoring
                                                the classification system is proprietary.
                                                                                                        could GSA get to a single log-on across                h. Encryption
                                                   ii. What level and types of
                                                                                                        portals? Are there commercial analogs                  i. Disaster Recovery
                                                transactional data are made available to
                                                                                                        that achieve this purpose? If so, what, if             j. Network monitoring
                                                buyers?
                                                   iii. What functionalities and/or                     any, drawbacks or obstacles do those                   5. Standard Terms and Conditions
                                                capabilities are available to buyers to                 models present?
                                                analyze transactional data? Do you offer                   b. How are your supplier                            a. General Roles and Responsibilities
                                                your commercial buyers the opportunity                  relationships structured? What fees are                   i. For products sold by third parties
                                                to develop customized data analytics                    charged? What do the onboarding and                    on your portal, what, if any,
                                                capabilities?                                           offboarding processes look like?                       responsibilities do you assume with
                                                   iv. How do the pricing algorithms                       c. As a portal providers, do you have               respect to a sale?
                                                respond to sudden increases in                          the capability to participate in a                        ii. For what, if any, purposes do you
                                                demand?                                                 ‘punchout’ type of ecommerce                           consider the third party supplier selling
                                                   v. The Government seeks to increase                  experience? Please explain.                            on your portal to be your
                                                small business participation through                       d. Implementation and                               ‘‘subcontractor’’?
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                                                this initiative. How might your platform                operationalization of this program will                   iii. What, if any, of the value-added
                                                aid in increasing small business                        entail the involvement of GSA, ordering                portal services and functionalities (e.g.,
                                                participation? What capabilities does                   agencies, portal providers, and third-                 order tracking, payment processing)
                                                your system have (or what would you                     party suppliers. GSA envisions its role                have been outsourced? Do you consider
                                                need from GSA or other agencies) to                     primarily focusing on the following:                   them subcontractors? If not, why not?
                                                track agency spending from the various                     i. Negotiating the contracts with the                  iv. Other than the suppliers selling on
                                                socio-economic categories of small                      portal providers;                                      the portal and those providing value-


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                                                                                Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices                                            27989

                                                added portal services and                               13. 52.222–35, Equal Opportunity for                   GENERAL SERVICES
                                                functionalities, are there entities that are                 Veterans                                          ADMINISTRATION
                                                considered subcontractors of your                       14. 52.222–37, Employment Reports on                   [Notice-Qp–2018–02; Docket No. 2018–0002;
                                                business? If yes, what functions do these                    Veterans                                          Sequence No. 11]
                                                entities perform for your business?                     15. 52.223–18, Encouraging Contractor
                                                b. Order Tracking, Delivery and Issue                        Policies to Ban Text Messaging                    Request for Information From
                                                Resolution                                                   While Driving                                     Suppliers Selling on Commercial E-
                                                                                                        16. 52.232–29, Terms for Financing of                  Commerce Portals
                                                   i. Describe how orders and delivery
                                                are tracked.                                                 Purchases of Commercial Items                     AGENCY:  Office of Enterprise Strategy
                                                   ii. Describe how issues are resolved                 17. 52.232–30, Installment Payments for                Management, General Services
                                                (e.g., if the product doesn’t arrive in a                    Commercial Items                                  Administration (GSA).
                                                timely manner or needs to be returned).                 18. 52.242–5, Payments to Small                        ACTION: Request for information.
                                                Identify who is responsible for resolving                    Business Subcontractors
                                                these issues when the sale involves a                   19. 52.212–3(t), Public Disclosure of                  SUMMARY:   The General Services
                                                third party seller. Include information                      Greenhouse Gas Emissions and                      Administration (GSA) is soliciting
                                                on customer/ordering official                                Reduction Goals                                   information from the suppliers selling
                                                management throughout the process.                      20. 52–212–4(f), Excusable Delays                      product through commercial e-
                                                                                                                                                               Commerce Portals in order to complete
                                                c. Payment                                              21. 52.212–4(h), Patent Indemnity                      Phase II of the requirements enacted in
                                                  i. When a buyer makes a payment for                   22. 52.212–4(i)(4), Discount                           Section 846 of the National Defense
                                                a purchase on the portal, who processes                 23. 52.212–4(s), Order of precedence                   Authorization Act (NDAA) for Fiscal
                                                the payment?                                            24. 52.232–40, Providing Accelerated                   Year 2018, Procurement through
                                                  ii. What are the payment procedures?                       Payments to Small Business                        Commercial e-Commerce Portals. Note:
                                                  iii. Are payments by Electronic Funds                      Subcontractors                                    A separate RFI is posted for those
                                                Transfer allowed?                                       25. 52.223–9, Estimate of Percentage of                companies who are providers of
                                                d. To Assist GSA in Determining the                          Recovered Material Content for                    commercial e-commerce platforms.
                                                Applicability of the Service Contract                        EPA–Designated Items                              Throughout the design of this program,
                                                Act to a Portal Contract Under the                                                                             GSA and the Office of Management and
                                                                                                        f. Additional Considerations:                          Budget (OMB) have emphasized open
                                                Section 846 Program, Please Advise of
                                                the Type of Work Your Employees                           i. Are there different terms and                     and ongoing engagement. The questions
                                                Would Perform Under Such a Contract.                    conditions based on the country being                  in the RFI are intended to continue the
                                                                                                        served by a given commercial e-                        dialogue and to allow GSA and OMB
                                                e. Suitability of FAR Commercial                        commerce portal?                                       both to draft the Phase II report (due to
                                                Service Requirements                                                                                           Congress in March 2019) and to move
                                                                                                          ii. If you are not registered on
                                                   i. Please address the extent you                                                                            towards phased implementation later in
                                                                                                        www.sam.gov would you be willing to
                                                believe the following clauses/provisions                                                                       2019.
                                                                                                        register? Why or why not?
                                                are consistent with and/or are relevant                                                                        DATES: Interested parties may submit
                                                                                                          iii. For your other commercial
                                                to current, standard commercial practice                customers, do you offer ways to limit                  written comments to
                                                for operating commercial e-commerce                     access to products on your platform for                www.regulations.gov by July 20, 2018.
                                                portals. If they are not consistent and/                B2B customers who may not want                         GSA is also hosting its second modified
                                                or relevant, please indicate what                       access to your full catalog?                           town-hall style public meeting. This
                                                obstacles they would present if applied                                                                        meeting is in furtherance of Phase II on
                                                to the section 846 program. Conversely,                 g. Copies of standard terms and                        June 21, 2018, at 8:30 a.m., Eastern
                                                if there are public policy reasons why                  conditions:                                            Standard Time (EST). Further
                                                any of these should be retained, please                                                                        Information for the public meeting may
                                                                                                          i. Please provide GSA with copies of
                                                explain.                                                                                                       be found on the Commercial Platform
                                                                                                        your standard terms and conditions that
                                                1. 52.212–4(a), Inspection and                                                                                 Interact group page on https://
                                                                                                        apply to your suppliers?
                                                      acceptance                                                                                               interact.gsa.gov/group/commercial-
                                                                                                          ii. Please provide GSA with copies of                platform-initiative and in the Federal
                                                2. 52.212–4(b), Assignment of claims                    your standard terms and conditions that
                                                3. 52.212–4(g), Invoice                                                                                        Register (83 FR 25004), published on
                                                                                                        apply to users (i.e. buyers)?                          May 31, 2018.
                                                4. 52.212–4(k), Taxes
                                                5. 52.212–4(n), Title                                   6. Proof of concept                                    ADDRESSES: Submit comments
                                                6. 52.212–4(q), Other compliances                                                                              identified by ‘‘Request for information
                                                                                                          As explained in the Phase I
                                                7. 52.204–10, Reporting Executive                                                                              from Suppliers Selling on Commercial
                                                                                                        implementation plan, GSA intends to
                                                      Compensation and First-Tier                                                                              e-Commerce Portals’’, by any of the
                                                                                                        proceed with a proof of concept in FY
                                                      Subcontract Awards                                                                                       following methods:
                                                                                                        2019. What is your recommended vision
                                                8. 52.219–3, Notice of HUBZone Set-                                                                               • Regulations.gov: http://
                                                                                                        for a proof of concept that would be
                                                      Aside or Sole-Source Award                                                                               www.regulations.gov. Submit comments
                                                                                                        both manageable and meaningful,
                                                9. 52.219–4, Notice of Price Evaluation                                                                        by searching for ‘‘Request for
                                                                                                        including types of products offered?
                                                      Preference for HUBZone Small                                                                             information from Suppliers Selling on
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                                                      Business Concerns                                   Dated: June 11, 2018.                                Commercial e-Commerce Portals’’.
                                                10. 52.219–27, Notice of Service-                       Laura J. Stanton,                                      Select the link ‘‘Comment Now’’ and
                                                      Disabled Veteran-Owned Small                      Assistant Commissioner, Office of Enterprise           follow the instructions provided at the
                                                      Business Set-Aside                                Strategy Management, Federal Acquisition               ‘‘You are commenting on’’ screen.
                                                11. 52.222–3, Convict Labor                             Service, General Services Administration.              Please include your name, company
                                                12. 52.222–17, Nondisplacement of                       [FR Doc. 2018–12891 Filed 6–14–18; 8:45 am]            name (if any), and ‘‘Request for
                                                      Qualified Workers                                 BILLING CODE 6820–89–P                                 information from Suppliers Selling on


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Document Created: 2018-11-02 12:01:09
Document Modified: 2018-11-02 12:01:09
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
ActionRequest for information.
DatesInterested parties may submit written comments to www.regulations.gov by July 20, 2018. GSA is also hosting its second modified town-hall style public meeting. This meeting is in furtherance of Phase II on June 21, 2018, at 8:30 a.m. Eastern Standard Time. Further Information for the public meeting may be found on the Commercial Platform Interact group page on https://interact.gsa.gov/ group/commercial-platform-initiative and in the Federal Register notice (83 FR 25004) published on May 31, 2018.
ContactJasmine Schaaphok at [email protected], or 571-330-3941, for clarification of content and submission of comment. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202- 501-4755. Please cite ``Request for information from Platform Providers of Commercial e-Commerce Portals''.
FR Citation83 FR 27986 

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