By Global Services on April 1, 2022
Since the Consolidated Multiple Award Schedule (MAS) solicitation released in 2019, the General Services Administration (GSA) has routinely made updates to simplify the submission process and comply with Executive Orders (EOs). On March 31, 2022, at 11:27 PM EDT, GSA released MAS Refresh #10. We have highlighted key changes below:
Refresh #10 Subcategory Adjustments
Subcategory SINs were revised through MAS Solicitation #10 to reduce redundancy or clarify the availability of remanufactured items.
Office Management – Office Supplies Subcategory (A09)
MAS Refresh #10 clarifies the use of remanufactured items in SIN 339940 – Office Products, SIN 339940OS4 – Office Products and Supplies, and SIN 33940OVER – Overseas Office Products and Supplies.
New description for SIN 339940: “339940 Includes all office products, such as pens, paper, binders, external hard drives, toner cartridges, etc.”
New description for SIN 339940OS4: “339940OS4 Offerors may offer their entire commercial catalog, or may offer a select, limited line of office products. Office products include, but are not limited to items such as: pens, pencils, markers, xerographic paper, printer paper, fax paper, 3D printing filaments and resins, binders, tape, envelopes, shredders, helical-scan, longitudinally oriented video tapes, video cassettes, reel to reel audio tapes, blank endless loop audio cartridge tapes, magnetic tape audio recording cassette, computer tape, reel, cartridge, cassette, diskettes, disk packs, disk cartridges, anti-glare/anti-radiation screens (VDT), ergonomic workstations products, cleaning equipment and supplies (head cleaners, disk drive cleaners, monitor cleaners, toner wipes, mini-vacuums, etc.) optical disks, CD-ROMS, DVD-ROMS, flash drives, external hard drives, physical storage, security, protective and related ADP supplies, and toner cartridges. Toner cartridge offerors must provide arrangements for empty toner cartridges to be returned from customers. This may include prepaid shipping labels in the products packaging and/or rebates.”
New description for SIN 339940OVER: “339940OVER Offerors may offer their entire commercial catalog, or may offer a select, limited line of office products. Office products include, but are not limited to items such as: pens, pencils, markers, xerographic paper, printer paper, fax paper, 3D printing filaments and resins, binders, tape, envelopes, shredders, helical-scan, longitudinally oriented video tapes, video cassettes, reel to reel audio tapes, blank endless loop audio cartridge tapes, magnetic tape audio recording cassette, computer tape, reel, cartridge, cassette, diskettes, disk packs, disk cartridges, anti-glare/anti-radiation screens (VDT), ergonomic workstations products, cleaning equipment and supplies (head cleaners, disk drive cleaners, monitor cleaners, toner wipes, mini-vacuums, etc.) optical disks, CD-ROMS, DVD-ROMS, flash drives, external hard drives, physical storage, security, protective and related ADP supplies, and toner cartridges. Toner cartridge offerors must provide arrangements for empty toner cartridges to be returned from customers. This may include prepaid shipping labels in the products packaging and/or rebates.”
GSA clarified that toner cartridges are the ONLY remanufactured item allowable under these SINs. Refurbished, reconditioned, repaired items are not in scope.
Facilities – Facilities Solutions Subcategory (B03)
SIN 541513 – Smart Buildings Systems Integration will be terminated effective 3/31/2022. All items previously awarded under SIN 541513 will be moved to SIN 561210SB – Smart Buildings Systems Integrator (renamed Smart Building Systems Integration).
Furniture and Furnishings (C): Packaged Furniture Subcategory (C07)
This Subcategory will be restructured to incorporate Contractor Teaming Agreements (CTAs) in lieu of the current Letter of Supply.
The revised instructions clarify that the products under the packaged furniture program are provided through MAS Contract CTAs.
The following CTA implementation details were provided by GSA:
- “Existing Vendors will have 180 days, from the date that the solicitation refresh and mass modification are issued, to provide CTAs and incorporate them via a Terms & Conditions (T&C) Modification.
- Current vendors will be required to submit their CTAs via a T&Cmodification within the 180-day transition period.
- During this transition period, vendors who have not provided CTAs via a T&C mod, and those who have, will remain eligible for new and existing opportunities.
- Those who do not submit their CTAs via a T&C modification within the 180-day transition period will have all Team Members/Suppliers, whom they do not have a signed CTA with, removed from their awarded packaged SINs.
- Any new or existing offers that have not yet been awarded as of the date that Refresh #10 is issued must meet the new requirements.”
*Contractors should contact [email protected] if they never received this information.
Furniture and Furnishings (C): Miscellaneous Furniture Subcategory (C05)
SIN 33721RSB – Remanufactured Furniture’s (SBSA) description will be revised to clarify availability of remanufactured items that meet the definition of “factory rebuilt to original specifications” per clause 552.238-78.
Please note that refurbished, reconditioned, repaired items under SIN 33721RSB are not within scope of the MAS Solicitation.
Miscellaneous (G): Complementary SINs Subcategory (G06)
The Order Level Materials (OLM) SIN has been revised.
New description for SIN OLM: “OLMs are supplies and/or services acquired in direct support of an individual task or delivery order placed against a Federal Supply Schedule (FSS) program contract or BPA. OLM pricing is not established at the FSS contract, but at the order level. Since OLMs are identified and acquired at the order or BPA level, the ordering contracting officer (OCO) is responsible for making a fair and reasonable price determination for all OLMs using FAR 15.404 techniques for commercial price determinations.”
GSA specified that ancillary supplies and services that are unknown at the time of MAS award can be utilized and priced at the order or Blanket Purchase Agreement (BPA) level.
GSA clarified that OLMs are:
- “Purchased under the authority of the FSS Program as a special ordering procedure
- Identified at the order or BPA level (either at the time the order is placed or as the requirement for OLMs develop during the course of performance).
- Defined and priced at the ordering activity level in accordance with GSAR clause 552.238-115 Special Ordering Procedures for the Acquisition of Order-Level Materials.
- Only authorized for use in direct support of another awarded SIN.
- Only authorized for inclusion at the order level under a Time-and-Materials (T&M) or Labor-Hour (LH) Contract Line Item Number (CLIN).
- Subject to a Not To Exceed (NTE) ceiling price limited to 33.33% of the total value of the order or BPA.
- Not items awarded under ancillary supplies/services or other direct cost (ODC) SINs (these items are defined, priced, and awarded at the FSS contract level).”
Scientific Management and Solutions (I): Scientific Services Subcategory (I04)
SIN description for SIN 532490ESA – Equipment Service Agreements was revised to clarify availability of remanufactured items.
New description for SIN 532490ESA: “Offers the customer an option to receive all labor, parts, and materials necessary to maintain equipment in good operating condition. Includes emergency services, engineering hardware and software modifications, operator training, instrument certification, etc.
GSA explains that “All remanufactured parts used in providing Product Support Options must be identified per 552.238-78 and meet the prescribed definition of ‘factory rebuilt to original specifications.’ Refurbished, reconditioned, repaired items are not within scope of the MAS Solicitation.”
Transportation and Logistics Services (K): Motor Vehicles (non-Combat) Subcategory (K02)
SIN 336350 – Remanufactured Automotive Components description was revised to clarify availability of remanufactured items.
New description for SIN 336350: “Includes but not limited to: Engines, Transmissions, Differentials & Rear Axle Assemblies, and Electrical Components.”
The remanufactured automotive components must be identified per 552.238-78 and meet the “factory rebuilt to original specifications.” Refurbished, reconditioned, repaired items are not within scope of the MAS Solicitation.
Refresh #10 Minimum Wage and Wage Determinations
Beginning January 30, 2022, EO 14026 raised the minimum wage contractors shall pay to workers on or in connection with federal contracts to $15.00 an hour. From January 1, 2023, and annually thereafter, the $15.00 minimum wage is subject to change by the Secretary of Labor. Updated FAR clause 52.222-55, Minimum Wages for Contractor Workers will appear on MAS Refresh #10’s solicitation and correlating mass modification. This requirement applies to awarded contracts, orders, and options on existing orders under Refresh #10.
For Refresh #10, GSA incorporated an updated Wage Determination (WD) index. While there are no new clause or policy changes to the application of the Service Contract Labor Standards (SCLS), offerors and contractors must ensure pricing and WD codes are updated accordingly in their SCLS matrices. The complete set of WDs can be found here.
Refresh #10 Clause Changes
Refresh #10 incorporates various clause and provision updates through Federal Acquisition Circular (FAC) 2022-4 and General Services Administration Acquisition Regulation (GSAR) Change 149. Contractors are advised to stay abreast of the following clause/provision changes:
Clause/Provision Number | Title |
52.204-21 | BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) |
52.203-6 ALT I | RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020) (ALTERNATE I – NOV 2021) |
52.203-13 | CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021) |
52.204-21 | BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) |
52.204-23 | PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021) |
52.204-24 | REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) |
52.204-25 | Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) |
52.209-6 | PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021) |
52.212-1 | INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) |
52.212-3 | OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) |
52.212-5 | CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022) |
52.215-20 ALT IV | REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA (NOV 2021) (ALTERNATE IV — OCT 2010) |
52.215-21 ALT IV | REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA – MODIFICATIONS (NOV 2021) (ALTERNATE IV – OCT 2010) |
52.219-9 ALT II | SMALL BUSINESS SUBCONTRACTING PLAN (NOV 2021) (ALT II NOV 2016) |
52.222-50 | COMBATING TRAFFICKING IN PERSONS (NOV 2021) |
52.222-54 | EMPLOYMENT ELIGIBILITY VERIFICATION (NOV 2021) |
52.225-1 | BUY AMERICAN SUPPLIES (JAN 2021) |
52.225-3 | BUY AMERICAN-FREE TRADE AGREEMENTS-ISRAELI TRADE ACT |
52.225-11 | BUY AMERICAN-CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS. |
52.232-30 | INSTALLMENT PAYMENTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) |
52.232-40 | PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021) |
52.247-64 | PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (NOV 2021) |
52.222-55 | MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (JAN 2022) |
52.222-19 | CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2022) |
52.222-62 | PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017) |
552.212-4 | CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (DEVIATION – FEB 2007) (DEVIATION – JAN 2022) |
552.212-71 | CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITIONS OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022) |
552.212-72 | CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022) |
552.238-75 | EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEDERAL SUPPLY SCHEDULE) (JAN 2022) |
552.238-78 | IDENTIFICATION OF PRODUCTS THAT HAVE ENVIRONMENTAL ATTRIBUTES (JAN 2022) |
552.238-82 | MODIFICATIONS (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I – MAR 2020) |
552.238-111 | ENVIRONMENTAL PROTECTION AGENCY REGISTRATION REQUIREMENT (MAY 2019) |
552.238-114 | USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY NON-FEDERAL ENTITIES (JAN 2022) |
To download all solicitation documents please click here.
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