Phase 2: Resistance is Futile

Although we covered this last month, it’s worth another review  as GSA moves to phase two of the MAS consolidation.

As you know, GSA is merging the Multiple Award Schedule (MAS) program contracts from 24 different schedules into one. Notices of changes to terms and conditions for current contract holders under the MAS program should be received by contract holders in the coming months.

The consolidated schedule makes it simpler for the government to make purchases and will roll out in three parts:

  1. Creation of a new contract vehicle for all future acquisitions
  2. Bring current contract holders onto the new consolidated schedule
  3. Consolidate those businesses that have multiple contracts across many schedules(Federal Times January 31, 2020)

Terms and conditions are being standardized and all current contract holders and contractors, placed on the consolidated schedule, must respond to them by July 31, 2020. (ibid)

Questions about the consolidation and how you and your contracts are affected? Give us a call.

FAR 51 Deviation Authority is expired!

Here’s what you need to know.  Contracting officers were permitted to give contractors access to the Federal Supply Schedule (FSS) and GSA Global Supply Programs if appropriate, for the fulfillment of their agency requirements. They used the FAR 51 Deviation Authority vehicle for this purpose. On 23 October, the FAR 51 Deviation expired. It will no longer be used on orders placed after this date. Under Refresh 1, clause CI-FSS-056 Federal Acquisition Regulation (FAR) Part 51 Deviation Authority (Federal Supply Schedules) (Jan 2010) is deleted.

In lieu of FAR 51 Deviation, agencies may use Order Level Material (OLM) procedures to acquire other direct costs (OCDs) and material support items to meet specific order requirements. Additional information for OLMs may be found at www.gsa.gov/olm.

Many question if a contracting officer can issue a letter of authority (required by the Deviation) anytime during the life of the order, if the order or BPA was awarded on or before 23 October 2019. The short answer is yes, as long as the order was issued prior to the 23 October Deviation expiration date. However, if the BPA was awarded prior to then, and subsequent award terms were awarded after 23 October, those subsequent award terms may not use the deviation.

Wondering if you are grandfathered in and still able to take advantage of the FAR 51 Deviation Authority? Give us a call.

Open Ratings Closed

Open Ratings stopped accepting new orders for Past Performance Evaluations as of Friday, 6 December 2019. All Multiple Award Schedule (MAS) offerers must now demonstrate a sample of past performance by using one of the methods outlined by the solicitation:

  1. verify in eOffer there are three or more CPARS assessment reports that meet the solicitation criteria outlined in SCP-FSS-001 (j)(2)(ii)(A) or
  2. submit a past performance record and list of customer references as outlined in SCP-FSS-001 (j)(2)(ii)(C) when the offeror does not have CPARS assessments that satisfy the solicitation criteria in SCP-FSS-001 (j)(2)(ii)(A).  GSA will contact all customer references and request they complete a past performance questionnaire. Note – offerors should not upload completed past performance questionnaires with the MAS offer. (GSA Interact, December 18, 2019)

An offeror’s demonstration of past performance is limited to the methods spelled out in the solicitation. Additionally, GSA will not accept Dun & Bradstreet reports in lieu of the Past Performance Evaluation prepared by Open Ratings. Any offerors who ordered an Open Ratings Past Performance Evaluation on or before December 6, 2019, can use SCP-FSS-001 (j)(2)(ii)(B) to demonstrate a pattern of Past Performance if the Open Ratings Past Performance Evaluation uploaded to the offer is dated within one year of the offer submission and the offeror had no CPARS assessments that satisfied the solicitation criteria as spelled out in the SCP-FSS-001 (j)(2)(ii)(A). (ibid)

Is this all perfectly clear? If not, give us a call and we can walk you through the steps to demonstrate the acceptable Past Performance for a MAS offer.

New Year, New Mass Mod

At the start of the new year, GSA plans to issue a Mass Modification that will update Schedule contracts to mirror the new consolidated Multiple Award Schedule (MAS) for products and services. The new Multiple Award schedule was released this past October 1st. (GSA Interact, November 25, 2019)

The single Schedule solicitation promotes a simplified format, terms, and conditions along with new categories and Special Item Numbers (SINs). The new Schedule should make it easier for contractors to offer products and services and for agencies to find them. (ibid)

When the Mass Mod is issued, all current Schedule holder’s terms and conditions will align with the new consolidated MAS. The new consolidated MAS solicitation and category attachments are posted on BETA.SAM.gov. Attachments incorporate additional instructions and requirements specific to each large category, subcategory, or SIN. The new consolidated MAS solicitation includes:

  • Solicitation
  • Available Offerings Summary Document
  • Regulations Incorporated by Reference

The Available Offerings and Requirements page on GSA.gov contains templates and attachments for the solicitation. Instructions for each template can be found on Beta.Sam.gov; however individual documents will be housed on GSA.gov. (ibid)

So what do you need to do go get ready? GSA recommends attending one of the following webinars:

Session One:

Date: Thursday, December 19, 2019

Time: 2:30 – 3:30 PM EST

Registration Link: can be found by clicking here.

Session Two:

Date: Thursday, January 9, 2020

Time: 3:00 – 4:00 PM EST

Registration Link: can be found by clicking here. (ibid)

Individuals unable to attend either of the two webinars can find recordings on Interact. In addition, there is an Overview of MAS Consolidation and Consolidated Solicitation Advance Notice training recordings which can be reviewed at any time.

To understand the New Offerings structure, individuals should review the solicitation to understand where specific offerings will fall under the new large categories, subcategories, and SINs. In addition, review of the advance notice for the release of the MAS solicitation, for an overview of clauses, available offerings, and a matrix of clauses included in MAS. (ibid)

GSA recommends questions be submitted to your assigned contracting officer (CO) or the Multiple Award Schedule Program Management Office (MAS PMO) at MASPMO@gsa.gov. (ibid)

Once in receipt of the upcoming Mass Mod, we recommend you review it immediately. Note any exceptions. When responding to the Mass Mod, contractors will be presented with each clause in the consolidated Schedule and may either accept the clause or request an exception. Each exception must include a written justification and be negotiated with the CO. (Contractors should not take exception to clauses that do not apply to them.)

All responses to the Mass Mod are due before July 31, 2020. Those not responding by the due date will find their offerings unavailable on GSA eTools. The contract number, period of performance, products, and services offered as well as the assigned CO will not change as a result of accepting the Mass Mod. (ibid)

Concerns about the Mass Mod and whether or how an exception might affect your current Schedule? Concerned with how to justify an exception? Give us a call.