On April 11th, close on the heels of Refresh 10, the General Services Administration (GSA) issued Refresh 11 of the GSA Multiple Award Schedule (MAS) Solicitation. Refresh 11 included two changes:
- The deletion of SIN 541513, Smart Buildings Systems Integration
- A revised note regarding FAR 52.223-99, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors
Deletion of SIN 541513
Refresh 11 includes the deletion of SIN 541513, Smart Buildings Systems Integration. This is to follow up on Refresh 10, which merged SIN 541513, Smart Buildings Systems Integration, into SIN 561210SB, Smart Buildings Systems Integrator.
Revised Note on COVID-19 Safety Protocols
Based upon various court injunctions, the COVID-19 Safety Protocols do not currently apply to federal contractors. GSA had previously included a note within the GSA MAS Solicitation stating the Government will not take action to enforce FAR 52.223-99, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors, which included a vaccine requirement. However, since then, an Arizona court has prohibited the inclusion of FAR 52.223-99 in any contracts where the awardee is headquartered in Arizona or where work will be principally performed within Arizona. In order to address the Arizona court ruling, Refresh 11 includes a note that FAR Clause 52.223-99 is self-deleting if an entity is headquartered in Arizona or the majority of the work is to be performed in Arizona.
Original Note on Regulation 52.223-99
“The Government will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/.”
Added Language to Note on Regulation 52.223-99
“FAR Clause 52.223-99 is considered to be self-deleting in any contract or order issued after February 10, 2022, that meets one or both of the following criteria: (1) an entity domiciled or headquartered in the State of Arizona, including the State of Arizona or any of its agencies, is a party to the contract, or (2) work under the contract is to be performed principally in the State of Arizona.
FAR Clause 52.223-99 is considered to be self-deleting for extensions, options or renewals, if work is either principally performed in Arizona, or where a party is headquartered or domiciled in Arizona.”
Are you Update to Date on Recent GSA Refreshes?
