When Was Refresh 17 Released?
GSA Solicitation Refresh 17 was released late Thursday, July 20th, just two months after the previous refresh.
What is Changing with Solicitation Refresh 17?
Refresh 17 packs in a considerable number of changes to the GSA Multiple Award Schedule (MAS) Contract. A few of the more significant changes include a Tik-Tok Ban, a new Program Evaluation Services Subgroup, a new pool for 8(a) contractors, and new requirements for JV Contractors awarded prior to Refresh 16. Review a summary of the latest GSA MAS Contract changes below.
- Price Proposal Template Changes
- Removal of Highly Competitive Requirement
- Prohibition on ByteDance aka the Tik-Tok Ban
- Sustainability Requirements
- New Program Evaluation Services Subgroup
- GSA/SBA 8(a) Partnership Implementation
- Joint Ventures (JVs)
- Miscellaneous Changes
Price Proposal Template Changes
Refresh 17 includes various updates to Price Proposal Templates (PPTs). PPTs for both Products and Services, for new offers and modifications are impacted.
Removal of Highly Competitive Requirement
In Refresh 16, GSA removed language that required pricing to be “highly competitive”. In this latest refresh, GSA made additional changes to completely remove references to the “highly competitive” language. It is important to note, while being highly competitive is no longer a requirement, pricing must still be “fair and reasonable”.
Prohibition on ByteDance aka the Tik-Tok Ban
In addition to routine clause updates, Refresh 17 includes the addition of the new Tik-Tok FAR clause. This clause, created in the interest of national security, prohibits federal contractors from having or using Tik-Tok on any device or technology that is used or provided under a contract.
- What is prohibited? TikTok or any application or service developed or provided by ByteDance Limited, or an entity owned by ByteDance Limited is prohibited.
- Where is it prohibited? It’s prohibited on any information technology:
- Owned or managed by the Government; or
- Used or provided by the contractor or the contractor’s employees under their GSA MAS Contract
- This ban applies to employee-owned devices used as part of an employer bring your own device program.
- This ban does not apply to personal devices that are not used in the performance of the contract.
- This clause must flow down to all subcontracts.
- Learn more here.
Sustainability Requirements
Refresh 17 adds language clarifying that:
- GSA MAS contractors must identify sustainable products on GSA Advantage and other communication media.
- Contractors should use GSA’s Green Procurement Compilation to determine if awarded products meet federal sustainable purchasing requirements.
- Unless an exemption or exception applies, all GSA MAS Contract products and services purchased by federal agencies must meet the following:
- Energy efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products
- Biobased products meeting the content requirement of the U.S. Department of Agriculture under the BioPreferred® program
- Acceptable chemicals, products, and manufacturing processes listed under EPA’s Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone
- Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines
- WaterSense® labeled (water efficient) products and services
- Safer Choice-certified products (products that contain safer chemical ingredients)
- Products and services that meet EPA Recommendations
New Program Evaluation Services Subgroup
Refresh 17 included the addition of a new subgroup, Program Evaluation Services. This subgroup is under the Professional Services Special Item Number (SIN) 541611. GSA believes $500 million is a conservative estimate of the program evaluation contracts awarded over the past five years. If your company has the experience and expertise to offer Program Evaluation Services, this new subgroup could help you capture this market. Learn more about the requirements and process to add this subgroup here.
GSA/SBA 8(a) Partnership Implementation
GSA and SBA negotiated a new 8(a) Partnership agreement last summer that is now being implemented in Refresh 17. This latest Partnership Agreement establishes a pool under the GSA MAS Contract for companies that are in the 8(a) program. Learn more about the MAS 8(a) pool.
Joint Ventures (JVs)
Refresh 16 implemented a new Joint Venture policy for new offers. Refresh 17 extends that policy to existing JV GSA MAS Contractors. As a result, if you are a Joint Venture that received a GSA MAS Contract prior to Refresh 16 (May 19, 2023), you are now required to complete the following:
- Complete and submit the JV Solicitation Attachment
- Ensure all documents required by the JV Solicitation Attachment (including amendments) are submitted to GSA (i.e., SBA approved Mentor-Protégé Agreement and Joint Venture Agreement).
- Resubmit Price Proposal Templates (PPTs) that identify which JV partner provides the awarded products and services.
- Submit an updated draft Authorized FSS price list that includes the contract
information/disclosures required for JVs.
Miscellaneous Changes
- Facilities Maintenance & Management SIN Description Update – The description for SIN 561210FAC, Facilities Maintenance & Management, was updated to clarify that services can be “offered or” ordered individually or in combination.
- Hardware Store Catalog SIN Update – While you must still offer a diverse line of products typically found in a hardware store, you are no longer required to be an actual hardware store, home improvement center or Maintenance Repair and Operations (MRO) distributor to qualify for SIN 332510C.
- No Firearms or Live Ammunition – While not new, GSA added a note clarifying they will not award firearms or live ammunition under the GSA MAS Contract.
- Obsolete Products – GSA added language to state that if an item appears to be obsolete, they may request confirmation of sufficient availability of supply or additional information. GSA reserves the right to reject an item they believe to be obsolete.
- SIN Requirement Clarifications – GSA updated the Category Specific Attachment for SIN 532111, Automotive Equipment Rental and Leasing – Rental Supplemental Vehicle Program (RSVP), to clarify requirements.
Need Help Navigating these Changes?
Our team here at FEDSched has been helping companies understand and expertly navigate changes at GSA since 1986. We have the expertise to help you add SIN 541611, submit the new JV documentation requirements, and understand how Refresh 17 changes impact your contract. Contact us today to discuss your GSA MAS Contract needs.
