83_FR_28105 83 FR 27989 - Request for Information From Suppliers Selling on Commercial E-Commerce Portals

83 FR 27989 - Request for Information From Suppliers Selling on Commercial E-Commerce Portals

GENERAL SERVICES ADMINISTRATION

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

Page Range27989-27991
FR Document2018-12893

The General Services Administration (GSA) is soliciting information from the suppliers selling product through 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 those companies who are providers of commercial e-commerce platforms. Throughout the design of this program, GSA and the Office of Management and Budget (OMB) have emphasized open and ongoing engagement. The questions in the 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 27989-27991]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12893]


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

GENERAL SERVICES ADMINISTRATION

[Notice-Qp-2018-02; Docket No. 2018-0002; Sequence No. 11]


Request for Information From Suppliers Selling on 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 suppliers selling product through 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 those companies who are 
providers of commercial e-commerce platforms. Throughout the design of 
this program, GSA and the Office of Management and Budget (OMB) have 
emphasized open and ongoing engagement. The questions in the 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 
(EST). 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 (83 FR 
25004), published on May 31, 2018.

ADDRESSES: Submit comments identified by ``Request for information from 
Suppliers Selling on Commercial e-Commerce Portals'', by any of the 
following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments by searching for ``Request for information from Suppliers 
Selling on 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 Suppliers Selling on

[[Page 27990]]

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 Suppliers Selling on 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 
[email protected], or 571-330-3941, 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 ``Request for 
information from Suppliers Selling on 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: 
1. Implementation Plan; 2. Market Analysis and Consultation; and 3. 
Program Implementation Guidance. 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 GSA in meeting the requirements associated with Phase II 
of the implementation, GSA and OMB are inviting suppliers selling 
product through commercial e-commerce platforms to submit written 
comments. Comments should be submitted by July 20, 2018, which will 
enable the Government to take them into account as we are drafting our 
Phase II deliverable. (A separate RFI has been issued focused on e-
commerce platform operators.)
    GSA and OMB have developed a number of questions grouped around 
three focus areas: Product categories, terms and conditions, and 
program design. These three areas are central to the analysis required 
in paragraphs (A), (C), and (E) above. This information will also be 
used to help 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. Product Categories

    a. Identify which product types/categories/subcategories should be 
considered in scope for inclusion in the program. Describe the 
classification system used, if not product service codes or North 
American Industry Classification System (NAICS) codes. For each 
category/subcategory identified, include as many of the following as 
possible:
    i. Rationale for inclusion;
    ii. Assessment of supply chain risk, including the extent to which 
you believe counterfeit products are a significant problem,and 
mitigation strategies;
    iii. List existing e-commerce commercial portals on which you 
currently sell these products;
    iv. Level of visibility into country of origin, including 
compliance with the Buy American Act (BAA), other domestic sourcing 
restrictions, and existing trade agreements; including how these are 
verified; and

[[Page 27991]]

    v. If multiple categories/subcategories are identified, provide a 
suggested ranking.
    b. Identify which categories/subcategories should be excluded from 
the scope of this effort and the rationale.

2. Terms and Conditions (Ts&Cs)

    a. General
    i. To the extent you sell products as a third party through a 
commercial e-commerce portal, what Ts&Cs do you have with them?
    ii. What terms are unacceptable? What terms are absolute must-
haves?
    iii. Are there unique terms and conditions when looking at serving 
the Contiguous United States (CONUS) vs. Outside the Contiguous United 
States (OCONUS)? What are some that we might need to consider?
    iv. What should GSA be thinking about with respect to BAA and 
existing trade agreements (and implementing regulations)? How do you 
currently track/monitor country of origin for products, if at all?
    v. How is security of data addressed in your standard Ts&Cs?
    vi. If you currently sell through a portal, how are fees/fee 
structures addressed in the terms and conditions?
    b. Suitability of FAR Commercially Available Off-the-Shelf (COTS) 
Item Requirements: Please address the extent you believe the following 
clauses/provisions are consistent with and/or relevant to current, 
standard commercial practice when selling through a commercial e-
commerce portal. 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. 52.212-1(a), NAICS/business size
2. 52.212-1(b), Submission of offers
3. 52.212-1(c), Period for acceptance of offers
4. 52.212-1(d), Product samples
5. 52.212-1(e), Multiple offers
6. 52.212-1(f), Late submissions, modifications, revisions, etc.
7. 52.212-1(g), Contract award
8. 52.212-1(h), Multiple awards
9. 52.212-1(i), Availability of requirements documents
10. 52.212-1(j), Unique entity identifier
11. 52.212-3(p), Ownership or Control of Offeror
12. 52.212-3(r), Predecessor of Offeror
13. 52.212-4(f), Excusable delays
14. 52.212-4(l), Termination for Government's convenience
15. 52.212-4(o), Warranty
16. 52.212-4(q), Other compliance
17. 52.204-10, Reporting Executive Compensation and First-Tier 
Subcontract Awards
18. 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award
19. 52.219-4, Notice of Price Evaluation Preference for HUBZone Small 
Business Concerns
20. 52.219-8, Utilization of Small Business Concerns
21. 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business 
Set-Aside
22. 52.222-3, Convict Labor
23. 52.232-40, Providing Accelerated Payments to Small Business 
Subcontractors
24. 52.212-1(l), Debriefing
25. 52.212-3(i), Certification Regarding Knowledge of Child Labor for 
Listed End Products
26. 52.212-3(t), Public Disclosure of Greenhouse Gas Emissions and 
Reduction Goals
27. 52.212-4(a), Inspection and acceptance
28. 52.212-4(b), Assignment of claims
29. 52.212-4(c), Changes
30. 52.212-4(d), Disputes
31. 52.212-4(g), Invoice
32. 52.212-4(i)(1), Items accepted
33. 52.212-4(i)(3), Electronic Funds Transfer
34. 52.212-4(i)(4), Discount
35. 52.212-4(j), Risk of loss
36. 52.212-4(k), Taxes
37. 52.212-4(s), Order of precedence

3. Program Design

    a. Competition is a core goal of the program. Towards that end, the 
user needs to be able to see/compare products across multiple portals 
and/or suppliers. What is the best way to get to a single sign-on 
across portals?
    b. If you are not registered in the System for Award Management, 
would you be willing to register. Why or why not?
    c. 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?
    d. In GSA's view, the nature of buying through an e-commerce portal 
brings a significant new level of competition into the micro-purchase 
world. GSA proposed raising the micro-purchase threshold to $25,000. 
What benefits and disadvantages do you see in a higher threshold? Would 
you recommend a higher threshold and, if so, what should it be?
    e. In the first phase of implementation, should this program be 
limited to orders within the contiguous United States? If so, why? If 
not, why not and what issues should be considered?
    f. How do the pricing algorithms respond to sudden increases in 
demand?
    g. As a supplier, do you have the capability to participate in 
either a public or private (or curated) `punchout' type of experience? 
Please explain.
    h. 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 porta; 
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?
    i. What opportunities do you see for your existing Government 
business (and potential future new business)? How can we best design a 
program to promote small business utilization and new entrants into the 
federal marketplace?
    j. 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 12, 2018.
Laura J. Stanton,
Assistant Commissioner, Office of Enterprise Strategy Management, 
Federal Acquisition Service, General Services Administration.
[FR Doc. 2018-12893 Filed 6-14-18; 8:45 am]
 BILLING CODE 6820-89-P



                                                                                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
sradovich on DSK3GMQ082PROD with NOTICES




                                                      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


                                           VerDate Sep<11>2014   17:11 Jun 14, 2018   Jkt 244001   PO 00000   Frm 00041   Fmt 4703   Sfmt 4703   E:\FR\FM\15JNN1.SGM   15JNN1


                                                27990                           Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices

                                                Commercial e-Commerce Portals’’, on                     ‘‘Director of the Office of Management                   (E) A review of standard terms and
                                                your attached document.                                 and Budget, in consultation with the                   conditions of commercial e-commerce portals
                                                  • Mail: General Services                              GSA Administrator and the heads of                     in the context of Government requirements.
                                                Administration, Regulatory Secretariat                  other relevant departments and                           (F) An assessment of the impact on existing
                                                                                                                                                               programs, including schedules, set-asides for
                                                Division (MVCB), 1800 F Street NW,                      agencies,’’ to carry out three                         small business concerns, and other
                                                2nd Floor, ATTN: Ms. Mandell,                           implementation Phases: 1.                              preference programs.
                                                Washington, DC 20405–0001.                              Implementation Plan; 2. Market
                                                   Instructions: Please submit comments                 Analysis and Consultation; and 3.                      II. Written Comments
                                                only and cite ‘‘Request for information                 Program Implementation Guidance.                          To assist GSA in meeting the
                                                from Suppliers Selling on Commercial                    OMB and GSA completed Phase I, an                      requirements associated with Phase II of
                                                e-Commerce Portals’’ in all                             initial implementation plan, in March of               the implementation, GSA and OMB are
                                                correspondence related to this case. All                2018. The plan, found at https://                      inviting suppliers selling product
                                                comments received will be posted                        interact.gsa.gov/document/gsa-and-                     through commercial e-commerce
                                                without change to http://                               omb-phase-i-deliverable-attached,                      platforms to submit written comments.
                                                www.regulations.gov, including any                      discusses government and industry                      Comments should be submitted by July
                                                personal and/or business confidential                   stakeholder goals and concerns, the                    20, 2018, which will enable the
                                                information provided.                                   different types of portal provider models              Government to take them into account
                                                FOR FURTHER INFORMATION CONTACT:                        currently prevalent in the commercial                  as we are drafting our Phase II
                                                Jasmine Schaaphok at                                    market, and areas where legislative                    deliverable. (A separate RFI has been
                                                jasmine.schaaphok@gsa.gov, or 571–                      change or clarification are required to                issued focused on e-commerce platform
                                                330–3941, for clarification of content,                 enable flexibility in the full and                     operators.)
                                                public meeting information, and                         effective use of commercial e-commerce
                                                                                                        portals in accordance with the goals of                   GSA and OMB have developed a
                                                submission of comment. For                                                                                     number of questions grouped around
                                                information pertaining to status or                     section 846. The plan also outlines
                                                                                                        deliverables anticipated to be completed               three focus areas: Product categories,
                                                publication schedules, contact the                                                                             terms and conditions, and program
                                                Regulatory Secretariat at 202–501–4755.                 in FYs 18, 19, and 20.
                                                                                                           GSA is currently working on Phase II                design. These three areas are central to
                                                Please cite ‘‘Request for information                                                                          the analysis required in paragraphs (A),
                                                from Suppliers Selling on Commercial                    with the intent of delivering a proof of
                                                                                                        concept near the end of FY19. Phase II                 (C), and (E) above. This information will
                                                e-Commerce Portals.’’                                                                                          also be used to help inform GSA about
                                                                                                        of the legislation requires (excerpt
                                                SUPPLEMENTARY INFORMATION:                                                                                     the general scope, shape, and types of
                                                                                                        below):
                                                I. Background                                                                                                  products that should be considered for
                                                                                                           (2) PHASE II: MARKET ANALYSIS AND                   a proof of concept. In accordance with
                                                  The General Services                                  CONSULTATION.—Not later than one year
                                                                                                        after the date of the submission of the                the Phase I implementation plan, the
                                                Administration’s (GSA) mission is to                                                                           proof of concept is planned for launch
                                                                                                        implementation plan and schedule required
                                                deliver value and savings in real estate,               under paragraph (1), recommendations for               in FY 2019. Each question is intended
                                                acquisition, technology, and other                      any changes to, or exemptions from, laws               to provide respondents with a general
                                                mission-support services across                         necessary for effective implementation of this         framework for commenting. These
                                                Government. For decades, GSA has                        section, and information on the results of the         questions are not intended to be all-
                                                provided access to commercial products                  following actions:                                     inclusive; other comments and
                                                through a number of channels including                     (A) Market analysis and initial
                                                                                                        communications with potential commercial
                                                                                                                                                               observations are encouraged.
                                                GSA Advantage!, GSA eBuy, GSA
                                                                                                        e-commerce portal providers on technical               1. Product Categories
                                                Global Supply, and the Federal Supply
                                                                                                        considerations of how the portals function
                                                Schedules.                                              (including the use of standard terms and                  a. Identify which product types/
                                                  GSA has long been focused on                          conditions of the portals by the Government),          categories/subcategories should be
                                                improving the acquisition of                            the degree of customization that can occur             considered in scope for inclusion in the
                                                commercial items. Throughout its                        without creating a Government-unique                   program. Describe the classification
                                                history, GSA has sought to leverage the                 portal, the measures necessary to address the
                                                                                                        considerations for supplier and product                system used, if not product service
                                                best available technology to help                                                                              codes or North American Industry
                                                agencies shorten the time to delivery,                  screening specified in subsection (e), security
                                                                                                        of data, considerations pertaining to                  Classification System (NAICS) codes.
                                                reduce administrative cost, make                        nontraditional Government contractors, and             For each category/subcategory
                                                compliance easier, be a strategic thought               potential fees, if any, to be charged by the           identified, include as many of the
                                                leader and supplier of choice across the                Administrator, the portal provider, or the             following as possible:
                                                Federal Government, and be a good                       suppliers for participation in the program
                                                                                                        established pursuant to subsection (a).                   i. Rationale for inclusion;
                                                partner to industry. Today, the best
                                                available technology includes                              (B) Consultation with affected departments             ii. Assessment of supply chain risk,
                                                commercial e-commerce portals.                          and agencies about their unique procurement            including the extent to which you
                                                                                                        needs, such as supply chain risks for health           believe counterfeit products are a
                                                  The National Defense Authorization                    care products, information technology,
                                                Act (NDAA) for Fiscal Year 2018,                                                                               significant problem,and mitigation
                                                                                                        software, or any other category determined             strategies;
                                                Section 846 ‘‘Procurement Through                       necessary by the Administrator.
                                                Commercial e-Commerce Portals’’,                           (C) An assessment of the products or                   iii. List existing e-commerce
                                                directs the Administrator of the GSA to                                                                        commercial portals on which you
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                                                                                                        product categories that are suitable for
                                                establish a program to procure                          purchase on the commercial e-commerce                  currently sell these products;
                                                commercial products through                             portals.                                                  iv. Level of visibility into country of
                                                commercial e-commerce portals. Section                     (D) An assessment of the precautions                origin, including compliance with the
                                                                                                        necessary to safeguard any information
                                                846 language can be found at the                        pertaining to the Federal Government,                  Buy American Act (BAA), other
                                                following link—https://interact.gsa.gov/                especially precautions necessary to protect            domestic sourcing restrictions, and
                                                group/commercial-platform-initiative.                   against national security or cybersecurity             existing trade agreements; including
                                                Section 846 paragraph (c) instructs the                 threats.                                               how these are verified; and


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                                                                                Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices                                                  27991

                                                  v. If multiple categories/subcategories               17. 52.204–10, Reporting Executive                     higher threshold and, if so, what should
                                                are identified, provide a suggested                          Compensation and First-Tier                       it be?
                                                ranking.                                                     Subcontract Awards                                   e. In the first phase of
                                                  b. Identify which categories/                         18. 52.219–3, Notice of HUBZone Set-                   implementation, should this program be
                                                subcategories should be excluded from                        Aside or Sole-Source Award                        limited to orders within the contiguous
                                                the scope of this effort and the rationale.             19. 52.219–4, Notice of Price Evaluation               United States? If so, why? If not, why
                                                                                                             Preference for HUBZone Small                      not and what issues should be
                                                2. Terms and Conditions (Ts&Cs)                              Business Concerns                                 considered?
                                                   a. General                                           20. 52.219–8, Utilization of Small                        f. How do the pricing algorithms
                                                   i. To the extent you sell products as                     Business Concerns                                 respond to sudden increases in
                                                a third party through a commercial e-                   21. 52.219–27, Notice of Service-                      demand?
                                                commerce portal, what Ts&Cs do you                           Disabled Veteran-Owned Small
                                                                                                             Business Set-Aside                                   g. As a supplier, do you have the
                                                have with them?
                                                                                                        22. 52.222–3, Convict Labor                            capability to participate in either a
                                                   ii. What terms are unacceptable? What
                                                                                                        23. 52.232–40, Providing Accelerated                   public or private (or curated) ‘punchout’
                                                terms are absolute must-haves?
                                                                                                             Payments to Small Business                        type of experience? Please explain.
                                                   iii. Are there unique terms and
                                                conditions when looking at serving the                       Subcontractors                                       h. Implementation and
                                                Contiguous United States (CONUS) vs.                    24. 52.212–1(l), Debriefing                            operationalization of this program will
                                                Outside the Contiguous United States                    25. 52.212–3(i), Certification Regarding               entail the involvement of GSA, ordering
                                                (OCONUS)? What are some that we                              Knowledge of Child Labor for                      agencies, portal providers, and third-
                                                might need to consider?                                      Listed End Products                               party suppliers. GSA envisions its role
                                                   iv. What should GSA be thinking                      26. 52.212–3(t), Public Disclosure of                  primarily focusing on the following:
                                                about with respect to BAA and existing                       Greenhouse Gas Emissions and                         i. Negotiating the contracts with the
                                                trade agreements (and implementing                           Reduction Goals                                   portal providers;
                                                regulations)? How do you currently                      27. 52.212–4(a), Inspection and                           ii. working with stakeholders to shape
                                                track/monitor country of origin for                          acceptance                                        the scope of product offerings, based on
                                                products, if at all?                                    28. 52.212–4(b), Assignment of claims                  suitability, potential challenges in
                                                   v. How is security of data addressed                 29. 52.212–4(c), Changes                               managing supply chain risk, and other
                                                in your standard Ts&Cs?                                 30. 52.212–4(d), Disputes                              considerations;
                                                   vi. If you currently sell through a                  31. 52.212–4(g), Invoice                                  iii. working with agencies on effective
                                                portal, how are fees/fee structures                     32. 52.212–4(i)(1), Items accepted                     use of protocols and safeguards to refine
                                                                                                        33. 52.212–4(i)(3), Electronic Funds
                                                addressed in the terms and conditions?                                                                         access to product offerings;
                                                                                                             Transfer
                                                   b. Suitability of FAR Commercially                                                                             iv. collecting, vetting and sharing
                                                                                                        34. 52.212–4(i)(4), Discount
                                                Available Off-the-Shelf (COTS) Item                                                                            data; and,
                                                                                                        35. 52.212–4(j), Risk of loss
                                                Requirements: Please address the extent                 36. 52.212–4(k), Taxes                                    v. developing guidance in
                                                you believe the following clauses/                      37. 52.212–4(s), Order of precedence                   consultation with OMB and training
                                                provisions are consistent with and/or                                                                          federal agencies in proper competitive
                                                relevant to current, standard                           3. Program Design                                      procedures through the porta; and,
                                                commercial practice when selling                           a. Competition is a core goal of the                   vi. potentially validating the suppliers
                                                through a commercial e-commerce                         program. Towards that end, the user                    as responsible business partners. Do you
                                                portal. If they are not consistent and/or               needs to be able to see/compare                        agree with this description of roles and
                                                relevant, please indicate what obstacles                products across multiple portals and/or                responsibilities for GSA in optimizing
                                                they would present if applied to the                    suppliers. What is the best way to get to              the user experience and the overall
                                                section 846 program. Conversely, if                     a single sign-on across portals?                       success of the program? Are there key
                                                there are public policy reasons why any                    b. If you are not registered in the                 items missing?
                                                of these should be retained, please                     System for Award Management, would
                                                explain.                                                                                                          i. What opportunities do you see for
                                                                                                        you be willing to register. Why or why                 your existing Government business (and
                                                1. 52.212–1(a), NAICS/business size                     not?                                                   potential future new business)? How
                                                2. 52.212–1(b), Submission of offers                       c. The section 846 language stated                  can we best design a program to
                                                3. 52.212–1(c), Period for acceptance of                both that all existing procurement laws                promote small business utilization and
                                                      offers                                            applied and that GSA should strive to                  new entrants into the federal
                                                4. 52.212–1(d), Product samples                         be consistent with commercial practice.                marketplace?
                                                5. 52.212–1(e), Multiple offers                         To reconcile these objectives, in Phase
                                                                                                                                                                  j. Proof of concept: As explained in
                                                6. 52.212–1(f), Late submissions,                       I, GSA only proposed legislative
                                                                                                                                                               the Phase I implementation plan, GSA
                                                      modifications, revisions, etc.                    changes necessary to reach program
                                                                                                                                                               intends to proceed with a proof of
                                                7. 52.212–1(g), Contract award                          implementation, primarily around the
                                                                                                                                                               concept in FY 2019. What is your
                                                8. 52.212–1(h), Multiple awards                         nature of competition. For purposes of
                                                                                                                                                               recommended vision for a proof of
                                                9. 52.212–1(i), Availability of                         Phase II, what additional legislative
                                                                                                                                                               concept that would be both manageable
                                                      requirements documents                            changes GSA should consider
                                                                                                                                                               and meaningful, including types of
                                                10. 52.212–1(j), Unique entity identifier               proposing?
                                                                                                                                                               products offered?
                                                11. 52.212–3(p), Ownership or Control                      d. In GSA’s view, the nature of buying
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                                                      of Offeror                                        through an e-commerce portal brings a                    Dated: June 12, 2018.
                                                12. 52.212–3(r), Predecessor of Offeror                 significant new level of competition into              Laura J. Stanton,
                                                13. 52.212–4(f), Excusable delays                       the micro-purchase world. GSA                          Assistant Commissioner, Office of Enterprise
                                                14. 52.212–4(l), Termination for                        proposed raising the micro-purchase                    Strategy Management, Federal Acquisition
                                                      Government’s convenience                          threshold to $25,000. What benefits and                Service, General Services Administration.
                                                15. 52.212–4(o), Warranty                               disadvantages do you see in a higher                   [FR Doc. 2018–12893 Filed 6–14–18; 8:45 am]
                                                16. 52.212–4(q), Other compliance                       threshold? Would you recommend a                       BILLING CODE 6820–89–P




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Document Created: 2018-11-02 12:01:11
Document Modified: 2018-11-02 12:01:11
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 (EST). 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 (83 FR 25004), published on May 31, 2018.
ContactJasmine Schaaphok at [email protected], or 571-330-3941, 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 ``Request for information from Suppliers Selling on Commercial e-Commerce Portals.''
FR Citation83 FR 27989 

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