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I hope the GSA will either desert this method and begin over or seriously rework the rule before it ends up being final. This is a concern the Subcommittee will be monitoring and will continue to keep track of, and we look forward to having another opportunity to consult with you if that is necessary.

Without objection, so purchased. This hearing is now adjourned. And thank you again. [Whereupon, at 11:33 a. m., the Subcommittee was adjourned.] A P P E N D I X [GRAPHICS NOT READILY AVAILABLE IN TIFF FORMAT] 1. Intro Mr. Chairman and Members of the Committee, my name is Sheila Armstrong.

The Proposed Rule does not apply to VA --------------------------------------------------------------------------- FSS contracts in the pilot program. The issues with the Proposed Rule are numerous. The 4 that I am going to talk about today are especially relevant to small companies. GSA grossly underestimates both execution expenses and compliance costs of transactional data reporting.

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Third, it does not appear that GSA is certain how it will use the abundant amount of information that it seeks to collect under the Proposed Guideline, but the capacity for down prices pressure that likely will arise from transactional information reporting might have a disproportionate result on small organizations who hardly ever win a "race to the bottom" on prices.

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Line item prices has long been exempt from disclosure under the Freedom of Details Act (FOIA) due to its personal and exclusive nature. This data also is safeguarded from disclosure under the Trade Secrets Act. II. Select Congress Concerning the Proposed Transactional Data Rule A. Estimated Execution and Reporting Costs of the Transactional Data Guideline GSA estimates that the general public reporting burden for its professionals to at first establish systems for transactional data reporting at six hours. 2 This estimated 6 hours includes "the time for examining guidelines, searching existing information sources, gathering and preserving the information required, and finishing and reviewing the collection of information" in addition to "training, compliance systems, negotiations, and audit preparation the brand-new stipulation may require." 3 GSA approximates that the regular monthly problem afterwards will balance 4 around 0.

e - GSA SER. sales) and assumes month-to-month reporting concern increases with vendor sales based upon the circulation of sales and commitments within FSS agreements and non-FSS contracts." 6 What GSA enables no time at all for is system enhancements that might be required must GSA elect to change the fields of data to be reported as it would have the right to do upon 60 days notification under the Proposed Guideline. 7 In addition, these estimates of 6 hours for initial set-up and 31 minutes each month for ongoing reporting are grossly underestimated.

Reg. 11625. 3 Id. 4 GSA estimates a range of two minutes (for professionals with $0 in sales) and four hours (for specialists with greater than $50 million in sales). See id. 5 Id. 6 Id. 7 Id. at 11628. 1. Preliminary Set-Up Likely Will Far Go Beyond 6 --------------------------------------------------------------------------- Hours GSA estimates that its professionals will spend roughly 6 hours to set up its systems to produce the regular monthly report required by the Transactional Data Rule. 8 This six-hour price quote includes the time that GSA estimates will be needed for evaluating instructions, browsing existing databases and other sources of details, and gathering and evaluating the collected info. 9 This quote also consists of the effort that GSA prepares for specialists will be required to make to institute modifications to contractor training, compliance systems, settlements, and audit preparation-- and most likely includes the time and expense required to customize data- gathering, reporting, and information-technology (IT) systems to precisely and effectively report the information needed by the Proposed Rule. 10 GSA's own Inspector General's office acknowledges that professionals likely will spend even more than 6 hours to set up company systems for transactional information reporting. 11 As the GSA Workplace of Inspector General notes in its remarks to the Proposed Guideline: --------------------------------------------------------------------------- 8 Id.

Given this, we question whether GSA's price quote of 6 hours per contractor to configure their --------------------------------------------------------------------------- systems for reporting is accurate - GSA SER Services. 12 12 Id. This 6 hour quote need to assume that all data fields live in the exact same IT system which the report can be established by one individual without consultation with others inside or outside the company.

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In lots of cases, the systems that house the numerous fields GSA is requesting in its monthly report are not set approximately interact with one another. Appropriately, some specialists will require to by hand assemble the info required for transactional information reporting, or might need to upgrade their IT systems in --------------------------------------------------------------------------- order to comply (GSA SER Services).

For some professionals, particularly small businesses, establishing systems to catch and report transactional information may involve assessment with professionals outside the company at per hour rates consequently increasing the costs to the contractor. These estimated costs are not factored into GSA's 6 hour price quote for established. 13 --------------------------------------------------------------------------- 13 As noted in the ABA's Comments to the Transactional Data Guideline: The Area suggests that the hours required will in reality be much higher.

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Many professionals might need considerable modifications or upgrades to organization systems in order to provide the information looked for by GSA in a form that will permit meaningful and precise pricing comparison as intended. The fields required by GSA for transactional-data reporting may not live in the exact same IT system; couple of accounting systems consist of both producer part number and specialist part number in the very same system when those part numbers vary.

g., materials management) to fulfill the requirements of the Proposed Guideline. These and other required changes would need coordination amongst functions such as the professionals' IT departments and change management teams in addition to responsible executives. The time required simply to search for, extract, evaluation, and test such data, and carry out system adjustments, will well surpass six hours.

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Moreover, the estimated 31 minutes per month does not include at any time enabled continuous maintenance of data, including but not restricted to modifications by GSA to the data fields needed as permitted by the Proposed Rule. 14 Provided the unidentified ramifications on a contractor ought to it supply data to GSA that is incorrect or insufficient, contractors will require to review the transactional information prior to submission which could take hours depending upon the size of the agreement.

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--------------------------------------------------------------------------- 14 80 Fed. Reg. 11628. B. GSA's Proposed Expansion of Industrial Sales --------------------------------------------------------------------------- Practice Disclosure Requirements is Unduly Challenging All GSA contractors should prepare and submit CSPs prior to award and at certain essential times throughout efficiency of a GSA contract. When a specialist looks for to increase prices or include products to the contract GSA needs either brand-new CSPs, or a statement from the specialist that the CSPs have not changed since the time they were last sent.

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Due to the prospective financial dangers created by unreliable CSP disclosures, professionals must spend substantial time evaluating sales information and preparing current, accurate and complete CSPs when they are required to do so (GSA SER Services). Even a statement that the CSPs have not altered needs comprehensive review of transactional sales information to validate that this declaration is right at the time that it is made.



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