The General Services Administration (GSA) released the last Refresh #19 of the year in December accompanied by a mass modification (mass mod) to incorporate modifications to the overall solicitation, as well as changes specific to certain Large Categories and Special Item Numbers (SINs), which apply uniformly to all existing schedule holders offering products and services.
Note: A limited number of Refresh 18 Mass Modifications were issued, so if you did not already receive the Refresh 18 Mass Modification, you will not receive one. All MAS contractors must accept the Refresh 19 Mass Modification as it implements the Refresh 18 and 19 changes for your contract.
Alongside the updates applicable to the overall solicitation, there are notable changes concerning minimum sales requirement, an introduction of a Cyber-Supply Chain Risk Assessment and changes to the Price Proposal Templates (PPTs).
Now, let’s dive into these changes:
Minimum Sales Requirement (I-FSS-639 Contract Sales Criteria)
Before this refresh, GSA Schedule contractors were required to achieve $25,000 in GSA Schedule sales within the initial two years and maintain $25,000 annually thereafter. However, under the new rule, the dollar thresholds were revised to require contractors to achieve $100,000 during the first 5-year option period and $125,000 for each subsequent option period.
This adjustment provides contractors with increased flexibility for sales growth over time within the option period, allowing some leeway in case of underperformance in sales during a specific year.
FAS Cyber-Supply Chain Risk Assessment:
GSA added language regarding a new requirement to conduct a Cyber-Supply Chain Risk Assessment in accordance with the Federal Acquisition Security Council (FASCA) Final Rule from 2021. The Government may now perform a cyber-supply chain risk assessment of the awarded contractor at any time during the period of performance of the contract to assess the cyber-supply chain risk associated with the contractor.
The Government may monitor the following cyber-supply chain risk information:
- Functionality and features of awarded products and services, including access to data and information system privileges;
- The ability of a source to produce and deliver products and services as expected;
- Foreign control of, or influence over, a source, product or service (e.g., foreign ownership, personal and professional ties between a source and any foreign entity, legal regime of any foreign country in which a source is headquartered or conducts operations);
- Security, authenticity, and integrity of products and services and their supply and compilation chains;
- The contractor’s capacity to mitigate identified risks;
- Any other considerations that would factor into an analysis of the security, integrity, resilience, quality, trustworthiness, or authenticity of products, services or sources.
Should supply chain risks be identified during the assessment, corrective actions will be implemented. Failure to address any of these risks may result in GSA opting not to extend your period of performance.
For contractors submitting products that incorporate 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.
For contractors offering solely compatible items:
- 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.
- For contractors under the Transactional Data Reporting (TDR) program:
Note: If a contractor opts into TDR, the entire contract is subject to TDR terms and conditions for the remainder of the contract.
Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders.
The Department of Defense (DoD), GSA, and the National Aeronautics and Space Administration (NASA) are releasing an interim rule to modify the Federal Acquisition Regulation (FAR). The amendment implements supply chain risk information sharing and the issuance of exclusion or removal orders, in accordance with the Federal Acquisition Supply Chain Security Act of 2018 and a final rule established by the Federal Acquisition Security Council. Both exclusion and removal orders are collectively referred to as FASCSA orders.
As a result, the following clauses and provisions were added:
Provision 52.204–29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures: 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.
MAS Sustainability Language
GSA is updating the MAS Sustainability Language to provide clarity on existing requirements. The modified language within Section III A. “Terms and Conditions Related to Schedule Contract Administration” now states:
“The U.S. General Services Administration (GSA) requires contractors to highlight sustainable products under Federal Supply Service schedule contracts on GSAAdvantage! 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 Regarding Attachment for MAS Joint Ventures (JV)
The revised Attachment incorporates the following changes:
- 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 (commercial reps and certs) 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
GSA implemented changes to the Offer and Modification Price Proposal Templates (PPTs).
- The Pricing Terms tab has been eliminated from all PPTs; this information is now documented separately in a document titled “Pricing Terms.”
- The Product File template by the FAS Catalog Platform can now be utilized as an optional PPT.
Changes to Large Categories Subcategories or SINs
Office Management (A):
- 518210DC – Document Conversion Services.
- Revised the title of SIN 518210DC from “Document Conversion Services” to “Document Conversion and Digitization Services.
- Incorporated NARA’s Digitization Regulations for Temporary Records (36 CFR Part 1236 Subpart D) and Permanent Records (36 CFR Part 1236 Subpart E)
- Incorporated New SIN Subgroup titled: “NARA-Compliant Digitization Services for Federal Records”.
- 518210ERM – Electronic Records Management (ERM) Solutions
- Incorporated updated Version of NARA’s Universal ERM Requirements Spreadsheet on the MAS Scope and Templates website.
- Incorporated updated Vendor Certification for Electronic Records Management Solutions form on the MAS Scope and Templates page.
- Miscellaneous (G):
- 339113PA – Protective Apparel: A new subgroup was added titled “Body Armor”.
- OLM – Order Level Materials: Transportation of Things was added to the list of OLM eligible subcategories.
The mass modification should be accepted within 90 days of its issuance (by March 6th). Contracting Officers must verify the absence of any pending mass modifications without acceptance before awarding contract options or modifications.
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About The Author, Brie Paramo
Brie Paramo is an accomplished contracts professional with extensive experience in GSA schedules and GSA contracts. As a dedicated BOOST MAS consultant, she channels her expertise to assist contractors in effectively acquiring and managing their MAS contracts.