GSA MAS Solicitation Refresh 9
GSA plans to issue one more refresh during the 2021 calendar year. Refresh 9 is expected to be released on December 17th. As usual, GSA will issue a mass modification to all existing GSA Multiple Award Schedule (MAS) Contract holders following the release of Solicitation Refresh 9. Mass modifications will be emailed to GSA Contract holders in batches of 3,000 per day.
Summary of GSA Schedule Refresh 9 Changes
GSA Solicitation Refresh 9 includes administrative clause and provision updates, as well as several changes to Price Proposal Templates. Refresh 9 will also include changes to the titles and/or descriptions of five Special Item Numbers (SINs).
GSA SIN Title/Description Changes
- Cloud SIN 518210C – SIN title and description will be revised to include several clarifications regarding what can and cannot be offered through the Cloud SIN
- Litigation Support SIN 541611LIT – SIN scope will be expanded to allow for products and services, as well as eDiscovery, FOIA Request, and Legal Hold solutions
- Office Security Equipment & IT Products SIN 333318SBSA – SIN description will be revised to clarify it is a small business set-aside
- Sporting Goods Equipment and Supplies SIN 339920S – SIN title and description will be revised to include fitness equipment
- Fitness Center Management Services SIN 713940 – SIN description will be revised to clarify products cannot be offered through the SIN
In addition to revising the title of SIN 518210C to specify Cloud Computing Services, GSA plans to provide more clarity between what is considered cloud computing versus cloud-related IT professional services.
Why is this important? Cloud computing services under SIN 518210C must comply with the National Institute of Standards and Technology (NIST) Definition of Cloud Computing Essential Characteristics. Cloud computing services that do not meet all NIST essential characteristics may be offered under other SINs, but are not allowed under SIN 518210C. However, cloud-related IT professional services can be offered under SIN 518210C without meeting the NIST definition of cloud.
|Former SIN Title||New SIN Title|
|Cloud and Cloud-Related IT Professional Services||Cloud Computing and Cloud-Related IT Professional Services|
What is Not Allowed on the GSA Cloud SIN 518210C?
GSA Solicitation Refresh 9 will add language that clarifies cloud “token,” “gift card,” “credit,” or other similar types of prepaid offerings are not allowed under SIN 518210C. The bullets listed below are quoted directly from GSA’s slide presentation on the December 2021 MAS Refresh.
- Cloud computing services (e.g., IaaS, PaaS, SaaS) are sometimes offered commercially as a cloud “token,” “gift card,” “credit,” or require purchase of a prepaid offering; these are out of scope for this SIN. The pricing model for these items do not accurately represent the stock-keeping units (SKU) that are awarded at the task-order level. Therefore, nonsubmission of pricing of underlying IaaS, PaaS, SaaS SKUs is not allowed.
- Credits for cloud computing services (e.g., IaaS, PaaS, SaaS) that are paid for in advance and spent or used at a later time are commonly termed commercially as a cloud “token,” “gift card,” or credit”, and are out of scope for SIN 518210C. Cloud computing services (e.g., IaaS, PaaS, SaaS) must be paid for in arrears in accordance with 31 U.S.C. 3324.
- Also out of scope is any payment for cloud computing services which carry a risk to the Government of a “use or lose” situation where a Government cloud account may forfeit unexpended credits/deposits towards future cloud computing services charges at the end of a vendor-defined period (e.g., 1, 2 or 3 years). Therefore, pre-payment of products or services prior to delivery of SKUs is not allowed. Payment for these SKUs must be in arrears.
- Physical hardware, non-cloud software per the NIST definition and other artifacts acquired to support the physical construction of a private or other cloud are not within the scope of this SIN.
- Ancillary supplies and/or services must be offered under a different SIN that specifically covers the proposed services
What if You Offer Items Under SIN 518210C That Will Be Considered Out of Scope After the Refresh?
GSA plans to remove any out of scope items following the December Refresh by issuing cancellation product modifications. Contractors can continue through the period of performance with any GSA Schedule task orders or BPAs that include cloud items that are out of scope after Refresh 9. However, those task orders and BPAs should not be extended or renewed with out of scope items.
The Litigation Support SIN 541611LIT will change from a services only SIN, to a products and services SIN. Companies that offer eDiscovery, FOIA Request, and Legal Hold solutions will be allowed to provide their solutions under the expanded scope of SIN 541611LIT.
|Former SIN Title||New SIN Title|
|Litigation Support Services||Litigation Support Solutions|
As a formality, Refresh 9 will add a note to the description of SIN 33318SBSA to clarify the SIN is set aside for small businesses only.
In addition to revising the title of the Sporting Goods SIN, 339920S, Refresh 9 will update the SIN’s description to include fitness equipment.
|Former SIN Title||New SIN Title|
|Sporting Goods Equipment and Supplies||Sporting Goods, Fitness Equipment, and Supplies|
GSA Solicitation Refresh 9 will update the description of SIN 713940 to clarify that the SIN does not include products.
Additional GSA MAS Refresh 9 Changes
Clarification Regarding Identical Items
GSA MAS Refresh 9 will also include revisions that clarify identical item restrictions apply to both products and services.
|Former Language||New Language|
|“Two or more identical products with the same terms and conditions (including but not limited to delivery and warranty terms) may not be awarded to the same Special Item Number (SIN). Identical products with the same terms and conditions may be awarded under different SINs if the prices are the same and the offeror submits an explanation why there is a valid business reason for doing so. Identical items with the same terms and conditions cannot be awarded to the contract at different price points.”||“Identical items (products, services, or labor categories) with the same terms and conditions may be awarded under different SINs if the prices are the same and the proposed items are within the scope of each SIN. Identical items with the same terms and conditions cannot be awarded on the contract at different price points.|
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