GSA On Track to Release Consolidated MAS Program Schedule On First of October

This week, GSA announced it is on track to debut its Consolidated Multiple Acquisition Schedule (MAS) Program Schedule Solicitation on October 1. GSA also gave federal contractors planning to bid on the MAS a head start on the process by releasing a final draft solicitation and an updated industry FAQs sheet. Let’s take a look at how to utilize this opportunity to prepare for the solicitation’s long-awaited debut.

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GSA Announces Plans to Consolidate MAS Contracts and Asks for Industry Feedback

The General Services Administration is conducting market research for its planned consolidation of the Multiple Award Schedule (MAS) Program. Earlier this month, GSA publicly announced the new single solicitation format, including streamlined terms and conditions, and its intention to collect feedback from government contractors in the industry. According to GSA, the consolidation is part of its two-year modernization process for the program that began in November of 2018. The consolidated MAS solicitation is scheduled for release later this year. And if you have concerns or suggestions for GSA on this significant consolidation, there is still time for your input.

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Agency May Request SDVOSB Recertification on MATOC Orders, Says GAO

In a recent decision, GAO determined an agency could reasonably amend a solicitation for a task order issued under a set-side base contract to require offerors to recertify their size and SDVOSB status at the task order level.

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GAO: Task Order Outside Scope of Underlying IDIQ Not Allowed

As agencies look for ways to streamline acquisitions, task and delivery order procurements are becoming increasingly popular. But an agency doesn’t have unfettered discretion to award work under a multiple-award contract; each task or delivery order must be within the scope of the awarded IDIQ.

A recent GAO opinion considers what happens when an agency issues task orders that are outside the scope of the underlying multiple-award contract.

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NAICS Codes & Task Orders: Underlying Contract Controls

When an agency competes a task order under a multiple-award contract, the agency must assign the task solicitation a NAICS code set forth in the underlying MAC.

As demonstrated in a recent SBA Office of Hearings and Appeals decision, when the MAC is assigned a single NAICS code, all task orders competed under that MAC will also be assigned that NAICS code–even if a prospective offeror believes that a different NAICS code will best describe the principal purpose of the task order acquisition.

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Kingdomware Doesn’t Require Recertification For GSA Schedule SDVOSB Set-Aside Orders

The Supreme Court’s landmark ruling in Kingdomware Technologies, Inc. v. United States does not require SDVOSBs to recertify their eligibility in connection with individual GSA Schedule task orders.

In a recent decision, the SBA Office of Hearings and Appeals held that Kingdomware doesn’t affect the SBA’s SDVOSB eligibility regulation for multiple-award contracts, which specifies that if a company qualifies as an SDVOSB at the time of the initial offer for a multiple-award contract, it ordinarily qualifies as an SDVOSB for all orders issued under the contract.

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SDVOSB Task Order Eligibility: SBA OHA Provides Some Clarity

If an SDVOSB was eligible at the time of its initial offer for a multiple-award contract, the SDVOSB ordinarily retains its eligibility for task and delivery orders issued under that contract, unless a contracting officer requests a new SDVOSB certification in connection with a particular order.

In a recent SDVOSB appeal decision, the SBA Office of Hearings and Appeals confirmed that regulatory changes adopted by the SBA in 2013 allow an SDVOSB to retain its eligibility for task and delivery orders issued under a multiple-award contract, absent a request for recertification.

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