As the New Year approaches, the General Services Administration (GSA) is making some updates with the release of Multiple Award Schedule (MAS) Solicitation Refresh #18 and an unexpected #19. While some of these updates are run of the mill changes and additions, GSA has also included some significant changes in these refreshes including altering the minimum sales requirement and incorporating clauses related to Federal Acquisition Supply Chain Security Act (FASCA) Orders. GSA released #18 on Dec 4th and #19 on Dec 6th with subsequent Mass Modifications.
It's important to note that #18 was only released to some contractors, so if you don't have it in the Mass Mod system, you only need to accept Refresh #19. If you received both Refreshes, the Mass Mod for #19 will override it. Here’s everything you need to know about these Refreshes.
The Difference Between Refresh #18 and #19
Before we go into what these Refreshes include, let's clear up any confusion about these two Refreshes. When GSA released #18 to some contractors, they realized they needed to correct the Contracting Officer fill-in language for Federal Acquisition Regulation (FAR) clause 52.204-30 Alt I. So, they released Refresh #19 to all MAS contractors. This is the only change in Refresh #19, everything else remains the same and we'll discuss it below. If you didn't receive Refresh #18, don't worry you aren't missing out.
One thing we noticed that changed in the release of these Refreshes is the Cyber-Supply Chain Risk Assessments. A notice of these upcoming assessments being added to the MAS program were included in the preview of Refresh #18, but did not appear in either Refresh.
Changes to the MAS Solicitation Overall
Minimum Sales Requirement
In this Refresh, GSA has also made a pretty sizeable change to the minimum sales requirement. Currently, GSA Schedule contractors must make $25,000 in the first two years and $25,000 every year thereafter in GSA Schedule sales. However, the new rule will adjust the dollar thresholds so contractors must make $100,000 for the first 60 month (5 year) option period, and $125,000 for each option period following.
This gives contractors a lot more flexibility to grow in sales over time throughout the option period, and to have some leeway if there’s a year where they may underperform in sales. Meeting this GSA sales requirement will also become part of a Contracting Officer’s (COs) determination to exercise (or not) an option to extend the contract. This is typically already evaluated by COs, but it is now becoming an official requirement in the Solicitation.
Updated Language
Also in Refresh #18, GSA has updated some language that affects various parts of the Solicitation. The first action is to add the following Options & Accessories language which applies when a contractor is submitting products that include Accessories and/or Options:
- Accessories. Accessories are standalone items, also referred to as Related Products, that can be sold with a base item. Accessories have their own unique product information, and the base/accessory relationship is established by the contractor to link an accessory with its associated base item(s). Because accessories function similar to base items, each accessory should have supporting documentation to justify the price.
- Options. Product options can be applied to a base item or an accessory. Options have their own part numbers, but cannot be sold independently of a base item or accessory. Options must be applied at the time of purchase, and may or may not have an associated price. Options that impact the price of a base item should have supporting documentation to justify the price.
The following language about solely compatible items has also been added:
Products that are solely compatible with products that are prohibited for national security reasons (e.g., FAR clause 52.204-23; FAR clause 52.204-25; FAR clause 52.204-30) may not be offered under MAS contracts. “Solely compatible products” are items that can only fulfill their intended purpose in conjunction with another product(s). For example, a small pluggable module that only functions with a telecommunications product from a covered entity is considered to be solely compatible with a prohibited product. These products do not add value to the MAS program since the products they are designed to support cannot be purchased or used by GSA customers.
Lastly, GSA added the following note which clarifies current requirements of Transactional Data Reporting (TDR):
Note: If a contractor opts into TDR, the entire contract is subject to TDR terms and conditions for the remainder of the contract.
FASCA Orders
In this part of the Refresh, 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 FAR will be amended to implement supply chain risk information sharing, and exclusion or removal orders consistent with the Federal Acquisition Supply Chain Security Act of 2018, as well as a final rule issued by the Federal Acquisition Security Council. Both exclusion and removal orders in this rule are referred to as FASCA orders.
As a result, the following clause and provision will be added to the MAS Solicitation:
Provision 52.204–29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures: This 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).
FAR Clause 52.204–30, Alt I Federal Acquisition Supply Chain Security Act Orders—Prohibition: 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. In this section, GSA released Refresh #19 to correct the CO fill-in language.
More information about the clause and provision can be found in the MAS Solicitation.
MAS Sustainability Language
GSA is also revising MAS Sustainability Language to clarify current requirements. The revised language under Section III A. “Terms and Conditions Related to Schedule Contract Administration,” now reads:
The U.S. General Services Administration (GSA) requires contractors to highlight sustainable products under Federal Supply Service schedule contracts on GSA Advantage! and other communication media (see clause 552.238-78). Unless an exemption or exception applies, for task and delivery orders under this contract, federal agencies are required to meet the following requirements based on statute, regulation and Executive Order:
- Energy efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products
- Biobased products meeting the content requirement of the U.S. Department of Agriculture under the BioPreferred® program
- Acceptable chemicals, products, and manufacturing processes listed under EPA’s Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone
- Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines
- WaterSense® labeled (water efficient) products and services
- Safer Choice-certified products (products that contain safer chemical ingredients)
- To the maximum extent practicable, purchase sustainable products and services identified or recommended by the Environmental protection Agency (EPA) (see EPA Recommendations of Specifications, Standards, and Ecolabels).
Update on JV attachment
In Solicitation Refresh #16, GSA released highly anticipated guidance on Joint Ventures (JVs). In Refresh #18, GSA is updating the mandatory attachment for MAS Joint Ventures to:
- Require all JVs to disclose whether a JV partner is currently subject to an OIG audit.
- Require JV offerors representing themselves as a small or socioeconomic category to acknowledge that they have completed FAR 52.212-3 dated December 2022 or later in SAM.gov.
- Delete the requirement for JV offerors representing themselves as a small or socioeconomic category to complete their Small Business Program Representations in the JV attachment itself.
Template Changes and Clause/Provision Updates
With most MAS Solicitation Refreshes, GSA incorporates updates clauses and implements changes to the Offer and Modification Price Proposal Templates (PPTs).
In Refresh #18, GSA incorporated clause and provision updates, as necessary, through Federal Acquisition Circular (FAC) 2023-06 and GSAR Change 171. Additionally, the Pricing Terms tab has been removed from all PPTs, as this information is now captured through a stand-alone document titled “Pricing Terms.” Since the FAS Catalog Platform, or FCP, (which will eventually replace SIP) is being rolled out to certain eligible contractors, the Product File Template used by the new platform has also been added as an optional PPT.
Large Category and SIN Specific Changes
In addition to changes that affect all contractors in the Solicitation, this Refresh will also include updates to specific Large Categories, Subcategories, and Special Item Numbers (SINs). Here’s a summary:
Large Category A (Office Management)
In the Office Management Category, or Large Category A, the Document Services subcategory has a few updates to SIN 518210DC - Document Conversion Services.
- First, the SIN will have an updated title from “Document Conversion Services” to Document Conversion and Digitization Services.”
- Under this SIN, GSA will also incorporate NARA’s Digitization Regulations for Temporary Records (36 CFR Part 1236 Subpart D) and Permanent Records (36 CFR Part 1236 Subpart E).
- Finally, there will be a new subgroup titled “NARA-Compliant Digitization Services for Federal Records” under this SIN. Contractors who have this SIN and wish to be added to the subgroup are required to review and reference the legislation listed in the bullet above. For more information, you can contact rmpolicy@nara.gov.
There are also updates to SIN 518210ERM - Electronic Records Management Solutions, which we’ll detail below:
- This SIN will incorporate updated version of NARA’s Universal ERM Requirements Spreadsheet on the MAS Scope and Templates
- Additionally, this SIN will incorporate updated Vendor Certification for Electronic Records Management Solutions form on the MAS Scope and Templates page.
Large Category G (Miscellaneous)
Next, Large Category G has a few updates to the Apparel and Complimentary SINs subcategories.
- First, a new subgroup will be added to SIN 339113PA Protective Apparel titled “Body Armor.” Any contractor offering body armor under this SIN may use this subgroup.
- Lastly, under the Order-Level Materials (OLM) SIN, Transportation of Thing is added to the list of OLM eligible subcategories. It’s important to note that the use of the OLM SIN is limited to 60 OLM eligible subcategories under the MAS program.
Keeping up with Future MAS Changes
Now that you have a better understanding of MAS Solicitation Refreshes #18 and #19, you will be ready to review and accept the modification(s) in the Mass Mod System 90 days after they were officially released.
To stay updated on future Solicitation Refreshes, check out our blog and our monthly newsletter. If you have questions about your GSA Schedule or accepting Mass Modifications, one of our consultants would be happy to help you.
