How to Avoid Non-Compliant Product Removal from Your GSA Schedule

Once you have received your GSA Schedule contract, remaining compliant with its requirements is the most important part to becoming a successful contractor. Non-compliance can lead to the removal of products from your GSA Schedule, resulting in loss of business opportunities and revenue. One aspect of non-compliance that isn’t discussed enough is GSA runs an automated process that helps streamline the removal of non-compliant products from GSA Multiple Award Schedule (MAS) contracts. You often will not even get notification before the items are removed in this automatic “RoboMod” process. In some cases, the item might not actually have anything wrong with it, there could just be an error with some of the information you listed, such as an incorrect Country of Origin (COO).

To avoid potential issues and unnecessary removal of products, I would like to take you through some of the reasons GSA Schedule items are commonly removed for non-compliance, discuss the removal process itself, and provide some tips and tricks on how to avoid offering non-compliant items in the future.

Common Reasons for Non-Compliant Product Removal

Understanding why products get removed can help you take preventive measures. Here are some common reasons:

• Trade Agreements Act (TAA) Noncompliance: Products must be manufactured or substantially transformed in a country that falls under the Trade Agreements Act (TAA). There are 4 categories of countries that are TAA compliant: World Trade Organization Government Procurement Agreement Countries, Free Trade Agreement Countries, Least Developed Countries and Caribbean Basin Countries. Noncompliance with TAA regulations is one of the most likely reasons for product removal.
• Inaccurately Labeled as Made in America: Mislabeling products as Made in America is viewed as a serious compliance concern. Even if the product was made in a TAA compliant country, mislabeling it as Made in America can lead to its removal.
• Unauthorized by Vendor: Selling products without proper authorization from the manufacturer or distributor can result in removal. If your vendor participates in the Verified Products Portal (VPP), an optional online portal for vendors and manufacturers that replaces the Letter of Supply requirement, you must make sure that you are authorized to sell those products according to your vendor’s VPP profile.
• Refurbished, Reconditioned, Remanufactured, or Repaired: Refurbished, reconditioned, remarketed, and repaired items are not within scope of the MAS Solicitation, and can be removed. Remanufactured items are only allowed under specific SINs.
• Obsolete: Outdated products that are no longer in production or supported may be automatically removed from the GSA Schedule. In particular, Information Communication Technology (ICT) products are the most likely to be removed for being obsolete.
• Essentially the Same (ETS) as AbilityOne: Selling products that are essentially the same (ETS) as those offered by AbilityOne, a program that provides employment for people with significant disabilities, is not allowed because AbilityOne products are prioritized for federal customers. As such, if your product is on the AbilityOne Essentially the Same list, it will be removed.
• Section 889 or Kaspersky Noncompliance: Products or services that involve prohibited technologies or vendors under Section 889 or are manufactured by Kaspersky Lab will be flagged and removed.

The GSA Schedule “RoboMod” Removal Process

If your GSA MAS contract has non-compliant products, they will be removed through a “RoboMod.” Depending on the specific reasons GSA has identified your product(s) as non-compliance, you may receive advance notice and be granted the ability to challenge this removal, but GSA can also act unilaterally and immediately.

Whether or not you receive a change to challenge the removal, the modification itself is similar to the Mass Modification process, in that you will receive the SF-30 via email rather than through eMod. However, unlike the Mass Modification process, these RoboMods are unilaterally enacted by GSA, and you are not required to sign the modification for it to take effect.

At this point, the products will be removed automatically from GSA Advantage. You will not be required to submit a Schedule Input Program (SIP)/ Electronic Data Interchange (EDI) upload or delete modification to remove the products. However, you should update your local SIP catalog files and Price Proposal Template to ensure that the products are not accidentally reintroduced in the future. If they are, they will be removed again through another RoboMod.

If the non-compliant products are listed on your Contract Price List, you must remove them within 30 days and submit a SIP/EDI upload to replace the version of your Contract Price List that has the non-compliant items. In addition, if you sold any items that are prohibited due to their being manufactured by Kaspersky Lab, a prohibited vendor under Section 889, or in violation of FASCSA, you must follow the relevant remediation instructions per the FAR.

Steps to Ensure GSA Contract Compliance

Product removal from your GSA Schedule due to non-compliance is an annoying hassle, especially if the issue is something easily fixable like an incorrect Country of Origin listing. Here are actionable steps to help you maintain compliance with GSA Schedule requirements:

Regularly Review GSA Schedule Guidelines

Stay updated with the latest GSA guidelines and requirements. Regular reviews will help you ensure that your products meet all compliance criteria. I recommend joining any relevant GSA Interact communities to your Schedule, and paying attention to upcoming training GSA events and trainings, which will often carry important information such as the changes from upcoming solicitation refreshes. GSA regularly holds webinars that specifically cover how to keep your GSA MAS compliant.

Maintain Accurate Product Information

Ensure all product part numbers, names, descriptions, and other details are accurate and up-to-date. This includes country of origin, product specifications, and any certifications or authorizations. If you have not updated product information in many years, things may have changed, so be sure that when you are taking other actions, such as adding new products or increasing prices, that you are checking that part numbers, country of origin, are still accurate and that you are removing any obsolete items.

Proactively submitting modifications, such as a technical modification to update the COO, will make things easier in the long run by eliminating the possibility of having items deleted and needing to add them back.

Verify Product Authorization

Make sure you have the necessary authorization from manufacturers or distributors to sell their products. Keep documentation that proves your authorization status. If your vendor uses the VPP rather than a standard Letter of Supply, which you can check in the VPP Public Dashboard, be sure to ask them for confirmation that your company is authorized to sell it according to the VPP. You should also verify your products’ country of origin against the TAA compliant countries list.

Corrective Measures

If any issues are encountered, either by GSA in a RoboMod or during internal review of your practices, implement corrective measures to ensure the issue does not recur. This may include updating internal processes, retraining staff on GSA compliance, or enhancing your compliance checklist.

Resources for GSA Schedule Holders

The GSA Schedule program may be an expansive and at times complex topic, but there are many resources you can turn to for help in determining your compliance risk. You can utilize official GSA websites and tools for the latest updates and resources. These platforms provide valuable information and support for GSA Schedule holders.

You may also consider hiring professional consultants specializing in GSA Schedule management. Their expertise can help you navigate complex compliance requirements. By following these guidelines and utilizing available resources, you can effectively avoid non-compliant product removal from your GSA Schedule and ensure long-term success in your government contracting efforts. If you have any questions about how to put such a plan into action, feel free to reach out to Winvale, and we would be happy to put you on the road to GSA Schedule compliance.