A GSA Schedule Buy Must Be All Schedule
Client Alert | less than 1 min read | 02.07.05
In KEI Pearson, Inc. (Jan. 10, 2005), the GAO reaffirmed the rule "Non-FSS products may not be purchased using FSS procedures." There, GAO sustained the protest of a GSA schedule procurement because the awardee proposed to acquire certain commercial off-the-shelf software through a lower cost, non-schedule “alliance agreement” between the awardee and the software vendor, rather that proposing to use a more expensive GSA schedule vendor, of which there were many.
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Despite facing existential challenges in several federal courts, the performance metrics established by the Centers for Medicare and Medicaid Services’ (CMS) 2020 Final Rule for organ procurement organizations (OPO) appear to be, at least for now, withstanding scrutiny in litigation proceedings.
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