DISCLAIMER: GSA FAS is posting this notification of a planned solicitation refresh or mass modification as a courtesy to our Industry Partners. All comments on the attached DRAFT document must be submitted in the “Comments” section below within ten (10) business days of this posting. Comments provided elsewhere or after 10 business days will not be considered. GSA FAS will consider all relevant comments and make changes to the DRAFT as appropriate, but will not issue a formal response to industry comments or related inquiries. Interested parties should review the final version of the solicitation refresh or mass modification closely for additional changes made to this DRAFT.
Purpose of Planned Action
The General Services Administration (GSA) Federal Acquisition Service (FAS) is planning to refresh all GSA Multiple Award Schedules (MAS) to incorporate provision and clause updates as outlined in the section below. For Schedules that offer services, both professional and nonprofessional, the solicitation refresh and corresponding mass modification will also update the application of the Service Contract Labor Standards (SCLS), previously known as the Service Contract Act of 1965 (i.e., the “Service Contract Act” or “SCA”), across the MAS program to align with the U.S. Department of Labor’s SCLS compliance procedures.
Summary of Planned Changes
Below is a high-level description of significant changes planned for the upcoming Schedule 00CORP Professional Services Schedule (PSS) Schedule refresh and corresponding mass modification, tentatively planned for June 2016. The full text for any new or updated clauses and provisions not currently available in the FAR or GSAM is provided at the end of this document.
1. Changes to the application of the Service Contract Labor Standards (SCLS)
The solicitation/contract changes detailed below will update how the SCLS is applied across the MAS program to align with the U.S. Department of Labor’s SCLS compliance procedures. By removing current wage determinations from existing Schedule contracts and requiring the ordering activity to incorporate wage determinations at the order level, ordering activities can ensure that the “most recent” wage determinations are incorporated at the time an individual task order is placed.
Changes to MAS solicitations and contracts will be accompanied by changes in MAS guidance, training, and other resources for contractors and ordering activities to fully implement this policy. Refer to the “SCLS Frequently Asked Questions” attachment and FAR Subpart 22.10 for additional details and guidance.
The following provisions will be UPDATED:
● SCP-FSS-002 Specific Proposal Instructions for Services (APR 2016)
● SCP-FSS-004 Specific Proposal Instructions for Schedule 70 (APR 2016) - applies to Schedule 70 only
The following clause will be UPDATED:
● I-FSS-600 Contract Price Lists (APR 2016)
● I-FSS-600 Contract Price Lists (APR 2016) (ALT I - DEC 2008) - applies to Schedule 70 only
The current wage determinations will be DELETED from existing contracts and contractors will no longer be required to update wage determinations annually via mass modification. GSA policies and guidance will be updated to direct ordering activity contracting officers to FAR procedures for incorporation of wage determinations at the task order level.
2. Removal of Pathways to Success training requirement for streamlined offers
FAS has removed requirement to complete the Pathways to Success training for successful FSS contractors submitting new offers under the streamlined offer process. Offerors must meet all of the criteria identified in SCP-FSS-001-S in order to be eligible to submit a streamlined offer.
The following provision will be UPDATED:
● SCP-FSS-001-S Instructions Applicable to Successful FSS Program Contractors (MAR 2016)
3. New Designated Countries - Montenegro & New Zealand
DoD, GSA, and NASA issued a final rule (effective February 1, 2016) amending the Federal Acquisition Regulation (FAR) to add Montenegro and New Zealand as new designated countries under the World Trade Organization Government Procurement Agreement (WTO GPA) and update the list of parties to the Agreement on Trade in Civil Aircraft. Additional details, including changes to FAR clauses, are available in the Federal Register.
The following clauses will be UPDATED:
● 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (FEB 2016) (ALT II - DEC 2015)
● 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (FEB 2016)
● 52.225-5 Trade Agreements (FEB 2016)
4. Prohibition on contracting with entities that require certain internal confidentiality agreements
In 2015, GSA’s Senior Procurement Executive issued a class deviation that implements Section 743 of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) for GSA contracting activities. Section 743 prohibits agencies from obligating funds to entities that require their employees (or subcontractors) to sign internal confidentiality agreements (or similar documents) that restrict them from lawfully reporting waste, fraud, or abuse. MAS solicitations will include the provision and clause below to implement this policy until the FAR has been updated to include these requirements.
The following clause will be ADDED:
● 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (FEB 2015) (DEVIATION 2015-02)
The following provision will be ADDED:
● 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (FEB 2015) (DEVIATION 2015-02)
5. FAR clause and provision updates through Federal Acquisition Circular (FAC) 2005-86
Additional FAR provision and clause revisions and additions, including those outlined in FAC numbers 2005-85 and 2005-86, will be incorporated into the refresh and mass modification, as applicable. Refer to the FACs, available at https://www.acquisition.gov/?q=far_archives, for additional details and a complete list of updated provisions/clauses.
6. Other Significant Changes to Professional Services Schedule (PSS) Solicitation FCO00CORP000C
Note: The following table reflects proposed changes specific to the PSS Schedule that we anticipate will be incorporated via the upcoming solicitation refresh and associated mass modification:
SIN / CHANGEC132-51 / Removal of Cooperative Purchasing from Complementary SIN C132 51 as this SIN is no longer available for the provision of stand-alone Information Technology services.
C871-202
C871-207 / Add the following NAICS codes to match the 03FAC solicitation:
561210 - $38.5M
926130 - Not Available
C871-208 / Add the following NAICS codes to match the 03FAC solicitation:
926130 - Not Available
C871-211 / Add the following NAICS codes to match the 03FAC solicitation:
561990 - $11M
874-8 / Replace existing SIN description with the following:
874 8 --- Defense Acquisition Workforce Improvement Act (DAWIA) and Federal Acquisition Certification (FAC) Training for Acquisition Workforce Personnel:
In accordance with the Defense Acquisition Workforce Improvement Act (DAWIA) and the Office of Federal Procurement Policy (OFPP) Federal Acquisition Certification (FAC) policy letters, this SIN is intended to enable the Government to provide high quality, low cost commercial acquisition workforce training solutions that represent the best value in satisfying core requirements under DAWIA and FAC programs. All core acquisition certification training classes shall be Defense Acquisition University (DAU) equivalent or Federal Acquisition Institute (FAI) verified in order to provide consistent and standardized training across the acquisition workforce.
Training Audience – Any authorized user of this contract may order training. Most often, training will be used for anyone considered a member of the acquisition workforce, including but not limited to Contracting Officers (CO) regardless of general schedule series with authority to obligate funds above the micro-purchase threshold; all positions in the general schedule purchasing series (GS-1105); all Program and Project Managers (PM), as identified by the agency’s Chief Acquisition Officer (CAO), or equivalent; all Contracting Officer’s Representatives (CORs) and Contracting Officer’s Technical Representatives (COTRs), or equivalent positions; all Emergency Response and Recovery Contracting Personnel; Federal Information Technology Acquisition Reform Act (FITARA) personnel; and any significant acquisition-related positions identified by the agency Chief Acquisition Officer (CAO).
Ordering procedures can be found at www.gsa.gov/psschedule - click on Business Consulting Solutions. See SIN 874-8 and click on the “Acquisition Workforce Training Ordering Guide”
874-8 / Update the SIN description to include specific instructions for any offeror wishing to propose training courses under SIN 874-8, due to the specific scope of this SIN, these additional instructions are necessary.
SWS NOTES accompanying SIN 874-8:
Offerors Shall Provide the Following:
A copy of the DAU Equivalency and/or FAI Verification issued for each course offered.
Resumes of all proposed instructors
A detailed training plan evidencing how instructors are kept up to date and conversant with federal acquisition regulations on a continuous basis.
References: Last 3 customers.
Volume Discount Information: Provide volume discounts with offer submittal. At a minimum GSA will award volume discounts equal to those identified in the table below. It is anticipated that SIN 874-8 will be used to meet core federal acquisition certification requirements, therefore customer agencies are encouraged to seek and obtain additional volume discounts.
Training Delivery Services Volume Discount Table
Minimum Spend / Maximum Spend / Minimum Volume Discount
$ 1 / $ 500,000 / 1%
$ 500,001 / $ 1,000,000 / 2%
$ 1,000,001 / $ 2,000,000 / 3%
$ 2,000,001 / $ 3,000,000 / 4%
$ 3,000,001 / $ 5,000,000 / 5%
$ 5,000,001 / $ 7,500,000 / 6%
$ 7,500,001 / $ 10,000,000 / 8%
Quarterly Reporting: The contractor(s) will be required to submit quarterly reports to the FAI Program Manager (PM). Quarterly reports will consist of a copy of the agency task order to include rate discount information, course cost categories, and student graduations. Quarterly reports will be submitted to: FAI at
874-9 / Update SIN description to include the following paragraph:
Customizable Training Devices/Materials: Proposed off-the-shelf devices and simulators may be customized to customer specifications via a scope of work and priced on a firm fixed price or labor hour basis. All proposed print materials, audio-visual and multi-media formats, electronic media, etc., shall directly train students in a specific subject or assist in the training of specific subject matter
874-9 / Add the following NAICS:
611430 – 11M
874-9 / Update SIN description to include NAIC specific instructions for any offeror wishing to propose services under SIN 874-9, due to the specific scope of this SIN, these additional instructions are necessary.
Offerors proposing services related to NAICS 511199 shall provide the following: A Copy of the Reseller Agreement if applicable from each publisher/manufacturer.
Offerors proposing services related to NAICS 333318 shall provide the following, if applicable:
A Copy of the Commercial End User Licensing Agreement, if any
A Copy of the Commercial Service Agreement, if any
A Copy of End User Systems Requirements
A Copy of Manufacturer's Authorization to Resell/Distribute, if applicable.
Provide Statement that Live Ammunition is NOT used in any training product.
520-7 / Update the SIN description to include specific instructions for any offeror wishing to propose services under SIN 520-7, due to the specific scope of this SIN, these additional instructions are necessary.
The offeror shall be a licensed CPA firm and shall provide a list of states, territories, and/or foreign countries in which it has a current CPA license. In addition, the offeror shall provide a copy of its most recently completed peer review report, as well as any internal documents issued to address corrective action for noted deficiencies.
520-7 / Update SIN description to include the following advisory:
Inherently Governmental services as identified in the Federal Acquisition Regulation (FAR) Part 7.503 or by the ordering agency are prohibited under this SIN. It is the responsibility of the Contracting Officer placing the order to make this determination. Ordering activities must require prospective contractors to identify potential conflicts of interest and address those, prior to task order award. For more information, see www.gsa.gov/psschedule.
541 4D / Correct SIN description to read as follows:
Conference, Events and Tradeshow Planning Services - Services provided under this SIN include the making of all necessary arrangements for conferences, seminars and trade shows. Services include, but are not limited to the following components for a show, event and/or booth: project management, coordination and implementation of third party participation, collection management of third party payment for participation, liaison support with venue, audiovisual and information technology support, topic and speaker identification, site location research, reservation of facilities, on-site meeting and registration support, editorial services, automation and telecommunications support, design and editing productions; and mailing and other communication with attendees including pre/post meeting mailings/travel support and computer database creation.
NOTE: Any commissions received for media placement, conference planning, etc. will either (a) be returned to the ordering agency or (b) applied as a credit to the cost of the project, whichever the ordering agency prefers. This paragraph does not apply to no cost contracting arrangement(s).
NOTE: Travel services and reimbursement of associated expenses (i.e. air fare, hotel, taxi, etc.) is not within the scope of this schedule and should not be offered. Any travel related expenses are to be handled at the Task Order level in accordance with the Joint Travel Regulation (JTR).
NOTE: Effective July 1, 2013, this SIN was no longer set-aside for small business concerns.
899-8 / Update SIN description to include the following advisory:
This SINdoes not include Davis-Bacon Act work as described in Federal Acquisition Regulation Subpart 22.4. Ordering Contracting Officers utilizing this SIN for environmental remediation projects/support must ensure the work being required is not covered by the Davis Bacon Act prior to issuing a Request for Quotes (RFQ).
Ordering Contracting Officers are advised to consult with the Department of Labor and/or their Ordering Agency Labor advisor (if applicable). Additionally, Ordering Contracting Officers should review the DOL Field Operations Handbook and the Davis Bacon Desktop Guide, which are excellent online resources for researching whether the Davis Bacon Act applies to a specific environmental remediation project.
871-2 / Update existing SIN description to highlight space launch integration services
Concept Development and Requirements Analysis -
Services required under this SIN involve abstract or concept studies and analysis, requirements definition, preliminary planning, the evaluation of alternative technical approaches and associated costs for the development of enhancement of high level general performance specifications of a system, project, mission or activity. Typical associated tasks include, but are not limited to requirements analysis, cost/cost performance trade-off analysis, feasibility analysis, developing and completing fire safety evaluation worksheets as they relate to professional engineering services, regulatory compliance support, technology/system conceptual designs, training, consulting, define interfaces and environments, collision avoidance analysis, perform plume impingement analysis, coupled load analysis, conduct spacecraft / satellite manifesting, and creating interface control documents. Example: The development and analysis of the total mission profile and life cycle of the improved satellite including examination of performance and cost tradeoffs. Professional engineering solutions do not include architect-engineer services as defined in the Brooks Act and FAR Part 2 or construction services as defined in the Federal Acquisition Regulation Part 36 and Part 2.