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Region 7 Industry Days New MAS Initiatives

Explore the latest MAS initiatives that streamline compliance requirements, simplify procurement processes, and mitigate legal risks. Learn about the New Offer Welcome Package, Order Level Materials GSAR Case, Commercial Supplier Agreements, and more.

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Region 7 Industry Days New MAS Initiatives

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  1. Region 7 Industry Days New MAS Initiatives presented by Kellie Stoker May 9, 2017

  2. MIE New Offer Welcome Package • As part of the MIE initiative, a New Offer Welcome Package was uploaded onto the Schedules portal. • Contains a link to a MAS Contractor Checklist which is extremely handy in that it contains all compliance clause requirements, when they apply, and the timelines for completion • https://www.gsa.gov/portal/content/126238

  3. MIE New Offer Welcome Package • Covers not only new awards, but modifications, options, and other important compliance requirements. • Note that this checklist has not been updated for TDR Contracts. • https://www.gsa.gov/portal/content/126238 • https://www.gsa.gov/portal/content/126238

  4. Order Level Materials (OLM) GSAR Case • Proposed Rule published in the Federal Register on September 9, 2016 and closed November 8, 2016. • Also know as Other Direct Costs or ODCs.

  5. Order Level Materials (OLM) GSAR Case • The rule will make it easier for customers to buy, and industry partners to provide, complete procurement solutions through the MAS program. • Adds flexibility to easily acquire OLMs with adequate management controls. • Reduces duplicative and inefficient contracts.

  6. Order Level Materials (OLM) GSAR Case • Agencies can better utilize the Schedules program rather than conduct separate open market procurements. • Anticipated that OLM provisions can be utilized in BPAs. • For R7 – anticipate applicability on Schedules 56 and 84

  7. Commercial Supplier Agreements (CSAs) • CSAs are commonly used in IT offerings, however they are also used across a wide variety of other industries. • Conflicting or ambiguous terms and conditions found in CSAs have required FAS to negotiate individual agreements to address the conflicts causing delays and cost to both FAS and the vendor.

  8. Commercial Supplier Agreements (CSAs) • GSA has issued a Class Deviation to include provisions to mitigate the legal risk of incorporating common CSA terms and conditions that conflict with or are incompatible with Federal Law in GSA Contracts.

  9. Commercial Supplier Agreements (CSAs) • Three GSAM Clauses are updated: • 552.212-4 – Contract Terms and Conditions – Commercial Items (ALT 1) for the acquisition of commercial items which contain CSAs. • 552.232-39 – Unenforceability of Unauthorized Obligations

  10. Commercial Supplier Agreements (CSAs) • Three GSAM Clauses are updated - continued: • 552.232-78 – Commercial Supplier Agreement – Unenforceable Clauses for contracts and contract vehicles when using the policies and procedures in FAR Part 12.

  11. Commercial Supplier Agreements (CSAs) • The Class Deviation addresses 15 common CSA terms and conditions: • 1. Definition of contracting parties • 2. Contract formation • 3. Vendor indemnity (vendor assumes control of proceedings) • 4. Automatic renewals of term-limited engagements

  12. Commercial Supplier Agreements (CSAs) • 5. Future fees or penalties • 6. Taxes • 7. Payment terms or invoicing (late payment) • 8. Automatic incorporation/deemed acceptance of third party terms

  13. Commercial Supplier Agreements (CSAs) • 9. State/foreign law governed contracts • 10. Equitable remedies, injunctions, binding arbitration • 11. Unilateral termination of supplier agreement by supplier • 12. Unilateral modification of supplier agreement by supplier

  14. Commercial Supplier Agreements (CSAs) • 13. Assignment of supplier agreement or Government contract by supplier • 14. confidentiality of supplier agreement terms and conditions • 15. Audits (automatic liability for payment

  15. Formatted Pricing Tool (FPT) • FPT is still on hold while the FPT team works to resolve data issues in transferring data from eOffer / eMod to GSA Advantage!. They are also resolving issues dealing with the size of data submissions to ensure that very large files can be uploaded and transferred to GSA Advantage! with not degradation.

  16. Formatted Pricing Tool (FPT) • Anticipate the rollout to start up again in August timeframe. • Anticipate a rollout schedule of Schedules 03FAC and 51V, followed by Schedule 75, and Schedule 70 and 73 at multi-week intervals. After that, FPT will continue to rollout to the remaining product schedules.

  17. Mass Mod Transformation Initiative (MMTI) • Part of the MIE Campaign. MMTI will change the current mass modification and refresh processes. • Current Process: • Solicitation is Refreshed – Mass Mod is issued • Done twice per year, usually more often • Vendor accesses mod on VSC website and accepts mod • The same mod is issued to all vendors on the Schedule

  18. Mass Mod Transformation Initiative (MMTI) • Frequently, clauses are added that are not applicable to some contracts and the vendor must determine whether to accept the mod, seek clarification or take exception to the mass modification. • This causes delays in processing the modifications and a back-log of mass mods that must be addressed by the CO and vendor.

  19. Mass Mod Transformation Initiative (MMTI) • MMTI breaks the link between a refresh and a mass mod. • HUH? Say a clause was updated and needed to be incorporated into a solicitation that applied ONLY to small businesses. • The solicitation would be refreshed but the mass mod would only be sent to the small business vendors on the schedule.

  20. Mass Mod Transformation Initiative (MMTI) • Large businesses, for whom the clause doesn’t apply, would not receive the mod, eliminating confusion as to whether the clause is applicable or not.

  21. Mass Mod Transformation Initiative (MMTI) • Some other examples: • --SCA Clause updates for a product-only contract; • --eVerify for a product-only contract • --TAA clauses for a contract set-aside for small business

  22. Mass Mod Transformation Initiative (MMTI) • Under MMTI, contracts can be targeted based on business size, socio-economic status, or SIN, based upon the particular regulation update. • Some clause updates would apply to all contracts, so all contractors would be targeted.

  23. Mass Mod Transformation Initiative (MMTI) • MMTI will also bring mass modifications almost entirely into the eMod system and will eliminate the VSC from the process. As a result only authorized negotiators with a valid digital certificate loaded against their contract will be able to accept mass mods. This brings a much stronger level of security to the process.

  24. Mass Mod Transformation Initiative (MMTI) • Last (and my favorite!) to avoid the long standing confusion with the term “mass” modification vs. “MAS” modification, after the implementation of MMTI, mass modifications will be referred to as: • “Regulation Update Modifications” or “RUMs!”

  25. Questions or Comments? • Contact Info: • Kellie Stoker, Procurement AnalystOffice of Policy and ComplianceAcquisition Policy Divisionkellie.stoker@gsa.gov817-456-5162

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