MAS Modification Guidance

GSA used industry feedback from over 90 current schedule holders and prospective contractors, who completed the MAS Modification Guidance RFI, to create the final MAS Modification Guidance. (GSA Interact, March 6, 2020)

Here’s a quick recap of the MAS Modification Guidance RFI findings:

  • Approximately 91% of participants find the guidance clear for various types of modifications
  • 93% agree the guidance will benefit industry.
  • Approximately 75% find the price proposal template instructions clear.
  • 60% feel the price proposal template will not add an additional burden. (ibid)

Based on industry feedback, the following guidance updates are now in effect:

  • Updates to the actual guidance document to improve the flow.
  • Addition of an Executive summary section describing what to expect after a modification submission.
  • Clarification of requirements. (ibid)

Industry feedback guided the following price proposal template changes:

  • Improved instructions for the Price Proposal Template.
  • A glossary was added.
  • Additional instructions for contractors with large catalogs.
  • Designed sample Price Proposal Templates including examples of different modification possibilities. (ibid)

Some commonly asked questions from the RFI:

  1. How do contractors participate in the Transactional Data Reporting (TDR) pilot? Contractors can opt to participate in TDR by submitting an eMod request. Please review the requirement for TDR on the Vendor Support Center carefully, as it is not possible to opt-out of TDR once you opt-in.
  2. Does a modification to participate in TDR need to be processed before a contractor can omit information related to the Basis of Award/Most Favored Customer (BOA/MFC) in the price proposal template/modification guidance? Yes.
  3. Does GSA intend to standardize the modification guidance according to North American Industry Specific Classification (NAICS) code and/or Special Item Number (SIN), or will the guidance be the same for all MAS contract holders? The MAS Modification Guidance will be the same for all MAS contract holders and will allow flexibility for Large Category, Subcategory, and SIN requirements.
  4. How is GSA ensuring consistent interpretation and application of MAS Modification Guidance by contracting personnel? Training will be ongoing for GSA’s internal workforce. GSA is looking to build consistency and continuously improve the modification process across the MAS program.
  5. Are contractors required to perform market research when submitting the Price Proposal Template (PPT)?  No, but may consider in order to be competitive.
  6. Which Contracting Officer/Contracting Specialist (CO/CS) will a contractor with multiple contracts work with? Contractors will work with the CO/CS assigned to each individual contract. (ibid)

GSA expects the conversation to be ongoing with industry partners and contractors through emails and various industry days. Changes and updates will continue as necessary.

Questions about the Price Proposal Templates or the recent Mass Mods? Give us a call.

Unpricing GSA

The Coalition for Government Procurement has been lobbying for an unpriced schedule, and Section 876 of Fiscal Year 2019 National Defense Authorization Act provides just that. It authorizes agencies, specifically GSA and its Schedules (41 USC 152) to not include price or cost as an evaluation criterion when awarding hourly rate and service contracts.  (Federal News Network, January 10, 2020)

An unpriced schedule is seen as more efficient by:

  • Allowing for evaluation against actual requirements
  • Reducing oversight activities associated with auditing of the award and the Price Reductions Clause
  • Honing competition by permitting customers to highlight speed and need for agency-specific service requirements
  • Allowing for common commercial practices in structuring contracts
  • Reducing hurdles to market entry for small businesses by allowing federal customers to leverage technology to meet end mission goals (ibid)

As we mentioned earlier in the week, GSA’s IG found that current pricing tools are resulting in insufficient price determinations. In many cases, the use of the CALC and CODCD pricing tools result in agency overpayment. The IG report stated, the “intent of the MAS Program is to leverage the government’s buying power in an effort to provide customer agencies with competitive, market-based pricing… GSA’s contracting officers are required to seek the best price granted to the contractor’s most favored commercial customer.”

The report outlines GSAM requirements that guide pricing determinations, such as requiring the government to pursue most favored customer pricing. It also defines methods that contracting officers should use to compare the terms and conditions of the MAS solicitation with those of the offeror’s commercial customers. MAS allows agencies to take advantage of the government’s purchasing power; moreover, it offers a channel for agencies to obtain commercial services and products swiftly. Per the statute, all responsible sources participate in the program, and all orders “result in the lowest overall cost alternative to meet the needs of the Federal Government (41 USC 152).” (ibid)

GSAR 538.270-1, states, “the Government recognizes that the terms and conditions of commercial sales vary and there may be legitimate reasons why the best price is not achieved.” This language actually reinforces leveraging the unpriced schedule. It highlights the complexity around contract-level pricing that is removed from government requirements reflected in a specific order. (ibid)

Federal News Network editorializes that an unpriced schedule focuses the price evaluation on actual requirements in real-time as they are being sought in the market. This type of competition, for agency-specific requirements, results in the most cost-effective, best value outcome for the agency.When resources are focused on competition, it’s a win for agencies, GSA and industry providers.

If you’re interested in learning more, give us a call.

Guard Sale ;-(

If you’re experiencing difficulty with the crazy, required mass mod GSA just released for the Schedule 84 guard services SINs, we wanted you to know that we’re here to help! Didn’t know about the mod? Here are some of the more important details:
  • GSA is calling this a Terms and Conditions mod, but it’s really much much more. In some cases, it will involve a completely new pricelist.
  • The mass mod was released at the end of June; you have until 31 August to accept it, and 30 September to upload your new pricelist (meaning all changes must have been approved at least a week prior to that) to remain in contract compliance.
  • Collective Bargaining Agreements (CBAs) no longer hold precedence on pricing.
  • You will need to use the new, beta-version SAM website to obtain your Service Contract Act (SCA) pricing.
  • Contractors must use market pricing only (no more Commercial Pricelists), based on SCA.
  • Your Most Favored Customer (MFC) will now be based on the highest percentage of sales to a customer type (federal, state/local, commercial, etc.).
Yes, this is a big, bad mod. EZGSA is on top of it, and ready and willing to assist you in keeping your GSA Schedule compliant. Just give us a call at 301-913-5000, or email us at mbotello@ezgsa.com, so we can get right to work for you.