The General Services Administration (GSA) has recently made updates to the Multiple Awards Schedule (MAS) Solicitation. MAS Solicitation Refreshes #18 and #19 consist of several significant changes, such as adjustments to minimum sales requirement, updated language, and implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders.
As a GSA contractor ourselves, we know understanding the intricacies of GSA’s rules and regulations can be daunting. In this blog, we’ll be breaking down the FASCSA Orders that are being added to the most recent Refreshes.
What are the FASCSA Orders?
The Department of Defense (DoD), GSA, and the National Aeronautics and Space Administration (NASA) are issuing an interim rule to amend the Federal Acquisition Regulation (FAR). The amendment involves implementing supply chain risk information sharing and exclusion or removal orders consistent with the Federal Acquisition Supply Chain Security Act of 2018 and a final rule issued by the Federal Acquisition Security Council in 2021. “FASCSA Orders” refers to both the exclusion and removal orders.
Provision 52.204–29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures
Provision 52.204–29 prohibits contractors from providing any covered article, or any products or services produced or provided by a source, including contractor use of covered articles or sources, if the covered article or the source is subject to an applicable FASCSA Order identified in the clause at FAR 52.204–30(b)(1).
How to Comply with Provision 52.204-29
You must search SAM by using the search term “FASCSA Order” to locate all FASCSA Orders or only those that apply to the solicitation.
When submitting an offer, you are implying that you’ve conducted a reasonable search and are not providing any covered article, or any products or services subject to an applicable FASCSA Order identified in the solicitation.
FAR Clause 52.204–30, Alt I Federal Acquisition Supply Chain Security Act Orders—Prohibition
Clause 52.204–30 prohibits contractors from providing any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA Order.
How to Comply with Clause 52.204–30
This clause requires contractors to review SAM at least once every three months or as advised by your Contracting Officer. If you identify that a covered article, or product or service produced or provided by a source that is subject to a FASCSA Order, was provided to the government or used during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other means, you must provide a report.
Importance of the Provision and Clause
The government’s efforts to implement FASCA Orders in the MAS Solicitation plays a pivotal role in reducing exploitations of vulnerabilities and creating a more resilient supply chain. Moreover, contractors will have the responsibility of remaining aware of FASCSA Orders identified in the solicitation and contract.
When offerors submit a new offer in response to a contract solicitation containing the new requirement, the offeror will represent, after conducting a reasonable inquiry, that the offeror does not propose to provide or use any prohibited covered articles or products or services subject to a FASCSA Order.
As technology continues to evolve, the government will continue to push forward rules that help improve cyber supply chain integrity. Provision 52.204-29 and clause 52.204–30 help mitigate vulnerabilities, such as malicious software, hardware, poor manufacturing processes, and maintenance procedures. Ensuring agencies and contractors are implementing supply chain risk information sharing and FASCSA Orders for covered articles as required by the FASCA final rule minimizes risks and allows for immediate response to address problems.
Accepting MAS Mass Mods
While the implementation of FASCSA Orders is one major update to the MAS Solicitation, there are several changes to be aware of before accepting the modification in the Mass Mod System. It’s important to note, you have 90 days to accept mass mods.
Accepting mass modifications is a crucial part of being compliant and staying informed, so that you can optimally operate as a GSA contractor. As contractors, we know how overwhelming it can be to understand new rules, so we try our best to post blogs covering the latest GSA news. To stay updated on future Solicitation Refreshes, check out our blog and our monthly newsletter. If you have any questions about accepting mass modifications or any GSA MAS related questions, we’re here to help you.
