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41 Procurement Law. 1 (2005-2006)

handle is hein.journals/procurlw41 and id is 1 raw text is: The ASCI Decision and Its Impact on MAS Purchasing By DANEL A. BELLMAN In a recent decision, American Systems Consulting, Inc.,' the General Accountability Of- fice (GAO) delineated when the simplified procedures for federal supply schedule (FSS) contracts can be used, and when agencies must seek full and open competition. The decision could have far-reaching consequences for the use of FSS contracts, especially for the acquisition of information technology (IT) services. It requires that agencies read the detailed de- scriptions of services in the FSS contract schedule to deter- mine whether the services being procured are covered by the schedule. For some agencies, the decision may change their use of FSS contracts. The GSA's MAS Program Over the past several years, the Multiple Award Schedule (MAS) program has grown exponentially. The General Services Administration (GSA) manages the MAS pro- gram to purchase common, commercial products and ser- vices that most federal agencies require, and publishes FSS schedules from which agencies can order. Years ago, the GSA schedule contracts were typically used for purchasing common items such as desks, computers, and office sup- plies. But in recent years, the GSA schedules increasingly are being used to purchase more complex services, such as IT services. In a report published in February 2005, the GAO re- ports that sales under the MAS program have increased more than eightfold since 1992-that is, from $4 billion in Daniel A. Bellman practices law near Columbus, Ohio. He represented American Systems Consulting, Inc., in the GAO protest discussed in this article. 1992 to $32.5 billion in 2004.2 A good deal of this sales growth came following passage of the Federal Acquisition Streamlining Act (FASA) of 1994 and the Clinger- Cohen Act of 1996.1 These legislative directives encour- aged expanded use of commercial contracting practices in federal purchasing and, generally, attempted to streamline the federal purchasing process.5 Following these two Acts, the GSA in 1997 revised its regulations and expanded ac- cess to commercial products and services under GSA's MAS program.6 Shortly thereafter, MAS program sales in- creased significantly.7 Today, IT services are the largest sales component of the MAS program. For fiscal year 2004, GSA's Information Technology Acquisition Center marshaled more sales vol- ume than any other GSA center, accounting for about 56 percent of total MAS sales. In sharp contrast, during the same period, office supplies and administrative services ac- counted for less than 3 percent of total MAS sales.' Clearly, the focus of MAS contracting has shifted over the last decade to more complex items and services. IT ser- vices now comprise a major part of the program. The government is looking towards increased use of MAS contracts and FSS schedules for complex services. In (continued on page 13) SECTION OF PUBLIC CONTRACT LAW - AMERICAN BAR ASSOCIATION VOLUME 4 1, NUMBER I - FALL 2005

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