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IMPORTANT UPDATE: New MAS Refresh & Mass Modification Changes in February 2016 Streamline Processes and Increase Competition

Since our previous posts, FAS has identified additional changes that will be included in the upcoming MAS refresh and mass modification. These changes are designed to increase the MAS program’s value for both federal and industry partners, enhancing competition and making it easier to do business on Schedules. The updated Significant Changes attachment summarizes the planned changes that are common across all GSA Schedule solicitations and contracts.  This is an update to the notices regarding the upcoming mass modification and refresh posted by individual Schedules in November 2015. 
 
Highlights of the upcoming refresh and mass modification include:
  • Streamlined Processes: A streamlined process and set of requirements for successful FSS contractors submitting an offer for a new contract under the same Schedule.
  • Contract Continuity Initiative: An approach to help address the problem of an expiring FSS contract - A contractor can now submit an offer at any time during the existing contract’s period of performance.  Clause A-FSS-11 Consideration of Offers under the Standing Solicitation has been updated to accommodate this flexibility. With this change, contractors with existing but aging FSS contracts, may choose when they would like to submit a new offer to ensure continuity in order to be able to compete for future Blanket Purchase Agreements.
  • Commercial Supplier Agreements (CSAs): An approach to address Commercial Supplier Agreements such as standard terms of sale or lease, Terms of Service, End User License Agreements, or other similar legal instruments or agreements. The GSA Senior Procurement Executive (SPE) has issued a Class Deviation to include the new provisions, which mitigate the legal risk of incorporating 15 common Commercial Supplier Agreement (CSA) terms and conditions that conflict with or are incompatible with Federal law into GSA contracts (see also FAQ attachment).
  • Order Options: MAS contracts will now include the standard FAR clause 52.216-22 Indefinite Quantity to allow ordering activities and MAS contractors to continue orders up to 60 months after the base MAS contract has expired. This aligns the FSS contracting flexibilities for task orders with other GWACs and MACs, including Alliant and OASIS.
  • Acquisition Threshold Updates: GSA, along with DoD and NASA, issued a final rule effective October 1, 2015, to implement the inflation adjustments for acquisition-related dollar thresholds.  See attached Significant Changes document for specific adjustments.
Updated FAQ documents on the streamlined offer process, continuous contracts, and CSAs have also been attached. 
 

New Question & Answer Process for Supplier Partners

FAS is committed to transparency and a healthy dialogue with our supplier partners.  We encourage Schedule holders to direct inquiries regarding this process and policy changes by posting in the comments section below. For specific contractual questions, please contact your Contracting Officer. We are encouraging this Interact dialogue because it will enable FAS to 1) gather all supplier feedback in one place and 2) provide comprehensive responses for the entire supplier community to see. Thank you in advance for your participation. 
 
(Note: You must log into Interact to post a comment). 
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Comments

Korbacatcher
<p>The Mass Modification deleted the 52.216-22 Indefinite Quantuty Deviation clause and replaced it with the 52.216-22 Indefinite Quantity (OCT 1995) clause. The Mass Modification&#39;s explaination for this change is that the Oct 1995 version of 52.216-22 permits the period of performance&nbsp;(including options) of orders issued prior to the expiration of the&nbsp;FSS contract to extend for up to 60 months after the expiration of the&nbsp;FSS contract. The Deviation clause did not permit this.</p><p>However, the FAQs on Dual Schedule Contracts posted in GSA Interact state that the reason why dual contracts are needed is that, currently, BPAs and orders issued under FSS contracts cannot extend beyond the expirarion date of the base&nbsp;FSS contract unless there are option periods remaining in the base FSS contract that, if exercised, would cover the BPA&#39;s/order&#39;s period of performance. This appears to contradict the Mass Modification&#39;s explaination of the reason for the change made&nbsp;by the October 1995 version of 52.216-22.</p><p>Does the 52.216-22 Indefinite Quantity (OCT 1995) clause in fact permit an order to be issued under an FSS contract prior to&nbsp; expriation of the FSS contract&nbsp;(when no option periods remain under the FSS contract)&nbsp;with&nbsp;a period of performance (including options) that extends for up to 60 months after the expration of the FSS contract?</p><p>&nbsp;</p><p>&nbsp;</p>
MAS Blogger
<p>Yes, orders against schedule contracts may extend beyond the contract ordering period, with options up to 60 months.&nbsp; We understand the confusion, as the dual contracts (i.e., continuous contracts) initiative was initially announced before the decision was made to replace the&nbsp;52.216-22&nbsp;Indefinite Quantity Deviationclause with the&nbsp;52.216-22&nbsp;Indefinite Quantity (OCT 1995) version.</p><p>However, the change to&nbsp;52.216-22&nbsp;does not impact schedule BPAs.&nbsp; The dual contracts policy is still needed to support the establishment of schedule Blanket Purchase Agreements (BPAs) for vendors approaching contract expiration. &nbsp;Federal Acquisition Regulation (FAR) 8.405-3 Blanket Purchase Agreements (BPA), subparagraph&nbsp;(d)(<wbr>3), &nbsp;states &ldquo;Contractors may be awarded&nbsp;BPAs&nbsp;that extend beyond the current term of their GSA Schedule contract, so long as there are option periods in their GSA Schedule contract that, if exercised, will cover the&nbsp;BPA&#39;s&nbsp;period of performance.&rdquo;&nbsp; By establishing dual contracts, vendors who are approaching the expiration of their existing Schedule contract are able to compete for BPAs under their new contract.</wbr></p>
lallen
<p>Good stuff!&nbsp; Thanks for posting.&nbsp; </p>
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