NOTICE: This modification guide is for contractors that have migrated to MAS.

MULTIPLE AWARD SCHEDULE (MAS) MODIFICATION GUIDE May 2023

We value our relationships with our industry partners. Therefore, we have developed detailed modification instructions, Frequently Asked Questions (FAQs), and resources so you can prepare a modification package that we can quickly evaluate and process.

These modification instructions align with current solicitation proposal instructions (SCP-FSS-001 Instructions Applicable to All Offerors).

Need Help?

If you have questions, please contact the Contracting Officer/Contract Specialist (CO/CS) assigned to your contract; get his/her email and phone number at https://www.gsaelibrary.gsa.gov (see Government Point of Contact within the Contractor Information section by entering your contract number or company name in the search block.

For MAS Clause Information see the MAS Clause Applicability Matrix

Table of Contents

1. General Guidance 4
1. MAS Modification Guide Purpose 4
2. Getting Started 4
3. Transactional Data Reporting Special Item Numbers 5
4. Contract Administration 5
5. Requirements After a Mod is Executed 6
6. Resources 7
7. Templates 7
8. Frequently Asked Questions 8
2. Administrative Modification Guidance 9
1. Administrative Modifications 9
2. Address Change 10
3. Contract Administrator/Point of Contact (POC) or Authorized Negotiator 10
3. Other Administrative Modifications 11
4. Additions Modification Guidance 12
1. Add Professional Services/Labor Category or Training 14
2. Add Product(s) 21
3. Add a SIN 24
5. Deletions Modification Guidance 31
1. Delete Professional and Non-Professional Services, Labor Category, Course, or Service Offerings 31
2. Delete Product(s) 32
3. Delete SIN 33
6. Pricing Modifications 34
1. EPA Increase based on a Commercial Price List 35

1. EPA Increase without a Commercial Price List 38
2. EPA Increase Based on Service Contract Labor Standards (SCLS) 42
3. Wage Determinations 44
4. Price Reductions 46
1. Permanent Price Reduction (Based on Most Favored Customer) 46
2. Permanent Price Reduction (Industry Partner Requested) 48
3. Temporary Price Reduction: 49
5. Technical Modifications 50
1. Change in Geographic Coverage 50
2. Part(s) Number Change 51
3. Product Descriptive Changes 52
4. Service Descriptive Changes 54
6. Terms and Conditions Modifications 55
1. Create/Manage Clause Exceptions 56
2. Re-representation of Business Size 56
3. Incorporate Subcontracting Plan (SubK)Modification) 58
4. Other Terms and Conditions Modifications 59
7. Change of Name and Novation Modifications 60
8. Cancellation Modifications 65
9. Glossary 67
10. Appendix 68
11. General Guidance

MAS Modification Guide Purpose

We developed this guide to help you complete and submit the information necessary to request modification(s) to your Multiple Award Schedule (MAS) contract.

Below are general instructions and a checklist for each modification type. However, there may be more requirements based on the large category/ies, subcategories, and Special Item Numbers (SINs) within the specific Large Category attachments of the MAS Solicitation.

See MAS Scope and Templates for additional guidance.

This document includes links to the MAS Solicitation in beta.sam.gov. To ensure you are viewing the most recent version of the solicitation you need to take action in beta.sam.gov if you see this note.

Note: There have been new actions to this contract opportunity. To view the most recent action, please click HERE.

If you do not see the note in beta.sam.gov then you are viewing the most recent version of the Solicitation.

Getting Started

You must read through all the general guidance below before you complete the checklist, if applicable, for each modification type. Contracting Officers/Contracting Specialists (COs/CSs) may need more information to help them make necessary determinations.

If any mandatory information is missing and/or incomplete, the reviewing CO/CS will reject your modification request. Following the guidance here will help reduce rejections, limit clarification requests from your CO, and enable quicker processing.

eMod and eMod Training

The MAS Program will only accept contractor-initiated modification requests via the GSA eMod system, which is located at https://eoffer.gsa.gov/. You can combine many modification types into a single modification request in eMod. For example, you can combine changing an authorized negotiator, email address, phone numbers, etc. into one mod.

Find eMod information and training in the GSA Vendor Support Center (VSC) and on the eOffer website. Whoever initiates modification requests via the eMod process must be an authorized negotiator.

The eOffer/eMod Help Center provides step-by-step instructions on how to submit a mod. The eOffer/eMod Help Center can be accessed at https://eoffer.gsa.gov/AMSupport. We recommend using the Chrome browser for eMod.

Transactional Data Reporting Special Item Numbers

On June 23rd, 2016, GSA published a final rule to capture Transactional Data for procurements across MAS, which began the Transactional Data Reporting (TDR) pilot. Transactional Data Reporting acceptance is optional. However, if your contract has TDR and non-TDR applicable SINs and you have accepted TDR, your entire contract is subject to TDR terms and conditions for the remainder of the contract once you have accepted TDR.

Note: Commercial Sales Practice (CSP-1) disclosure is not required if you participate in TDR.

Contract Administration

Important: Not addressing the items below, if applicable, may prevent your mod request’s submission or processing.

Refreshes/Mass Mods

Your GSA Schedule contract is updated/refreshed periodically. A refresh also updates the terms and conditions of the Schedule solicitation, which in turn triggers a Mass Modification (Mass Mod) to every Schedule contract via email. Contractors must act on all outstanding Mass Mods.

Also, accepting all outstanding Mass Mods is a prerequisite for submitting a modification request. We will only consider mod requests from contractors who comply with the contract.

All other mod requests will not be processed until all outstanding Mass Mods have been acted upon. You can check your compliance with Mass Mods here: https://mcm.fas.gsa.gov/.

One of the considerations for exercising an option is that all Mass Mods are acted upon. The Government reserves the right not to exercise an option if contract terms and conditions are not met.

GSA implemented a FAS ID Multi-Factor Authentication (MFA) process for all contractors accessing the Mass Mod Portal effective August 8, 2020.

To utilize the Multi-Factor Authentication (MFA) process you must have your authorized

negotiators up to date on your contract. Only authorized negotiators listed on the contract will be able to sign mass mods on behalf of your company. If you need to update the authorized negotiator(s) on your contract you must submit an administrative eMod.

This authorized negotiator information can be verified by contacting the IOA or ACO assigned to a contractor’s contract. Industry partners can locate their representative here.

Subcontracting Plans and Reporting

Subcontracting plans need to be kept current. Expired subcontracting plans may hinder your ability to process contract actions such as mod requests. Please submit the subcontracting plan and subcontracting reports on time. If you have questions regarding your subcontracting obligations under the Schedule contract, contact your assigned ACO/CO/CS.

FAS Sales Reporting Portal (SRP)

Ensure that sales are being reported and the Industrial Funding Fee (IFF) is being paid in a timely manner via the FAS Sales Reporting Portal https://srp.fas.gsa.gov/.

1. Requirements After a Mod is Executed Schedules Input Program (SIP) Guidance

When uploading your final GSA Advantage! ® price lists in the Schedules Input Program (SIP), first enter the items being added, deleted, or updated then use the 'Communications' dropdown and select 'Create a Catalog File.” SIP will generate either: an A80 SIP catalog file if this is the first time uploading with the current SIP program; or a C80 SIP catalog file if changes were made to the existing file in SIP.

Do not select "Create a Replacement File" as this is inefficient and poses a higher risk of inadvertently damaging your established GSA Advantage! portfolio and/or file. "Create a Replacement File" should not be used for every contract modification and is only intended for full catalog replacements.

For further instructions, please visit SIP or if you have questions concerning preparing and submitting your electronic catalog using the SIP, contact the VSC at 877-495-4849 (M-F 8:30-5:30 PM EST) or email vendor.support@gsa.gov.

Ensure the SIP file is accurate and reflects the most recent changes that have been approved by the CO/CS. Only upload approved contract items and/or services on GSA Advantage! ®. Inform the CO/CS assigned to the contract of any pending changes.

Most changes to your electronic catalog file require an approved modification of contract before you can update the changes in the SIP and uploaded on GSA Advantage! ®

Also, your GSA Advantage! ® file must be current and up to date. Therefore, you must upload the SIP file at least every two years to avoid suspension in GSA Advantage! ®.

Even if you have not had any changes to your products and/or service offerings, you must still update/verify/upload the file every two years. Otherwise, your electronic catalog file will be removed/suspended from GSA Advantage! ®.

The SIP file (text file) on GSA Advantage! ® should contain the complete GSA price list to include the cover page and terms and conditions as specified in clause I-FSS-600 Contract Price List, and any more information required by the Large Category attachment in the MAS Solicitation.

Resources

Here’s where to get help when preparing contract mod requests:

• See terms and conditions for each Large Category in the attachment to the MAS Solicitation
• Vendor Toolbox helps contractors learn more about the MAS process and requirements. Get Information about contract option mods is available here: https://vsc.gsa.gov
• The Federal Acquisition Regulation (FAR) and General Services Administration Acquisition Regulation (GSAR) at https://www.acquisition.gov/

Templates

Please read the instructions when completing the standard templates to ensure you’ve completed the template correctly. If you don’t complete the template properly, your mod may be rejected or delayed.

1. I-FSS-600 Contract Price List
2. Suggested Change of Name Agreement Format
3. Suggested Legal Certification of Name Change Template
4. Suggested Novation Agreement Format

Note: The PPT is not in eMod. You will need to upload it to the system as a separate attachment. We will only accept the current version of the PPT. Including any other version may result in rejection.

Do not reformat or change the PPT. Formulas must be seen in the spreadsheet. The PPT needs to be completed and submitted in the exact same format incorporated in the template or we will reject your mod request.

Price Proposal Template (PPT)

To complete a mod for additions, deletions, pricing, or technical request, you must submit a PPT with

two tabs, A and B.

1. Tab A: Includes all offerings. On this tab, include the data for ALL your GSA offerings as though your modification request was already approved. This should be the entire universe of offerings. The purpose of this is to compare the current submission to the last approved and fully conformed copy of your contract up to the last modification's effective date. By populating this tab for all modifications, contractors will no longer need to keep extra spreadsheets for auditors or Industrial Operations Analysts (IOAs) or wonder what’s on your contract. All the information on this sheet, once approved by your contracting officer, will be on your contract.
2. Tab B-changes: Include ONLY the items impacted by the modification. On this tab, provide the items to be modified (e.g., products to be added or deleted, updates to products and/or services, etc.)
3. EPA: Use these tabs, as applicable, when requesting a price increase or price decrease of any kind. You must still fill out tab A with your universe of offerings.

If there is a modification already in process at the time of a secondary modification request, note that there is a modification pending on the PPT.

Frequently Asked Questions

1. Has the mod process changed because of MAS Consolidation?

No, GSA continues to use existing policies and procedures to modify MAS contracts. This guide was developed from mod guidance for the legacy Schedules and is meant to consolidate all modification guidance in one place. Now we have a resource that industry can use to know what to upload in eMod to allow the CO/CS to timely process modification requests.

1. What are some common reasons a modification request is rejected?
• Items to be added are out of scope for the proposed/awarded SIN
• Duplicate items or part numbers on spreadsheet
• Adding items already on contract
• Essentially the same (ETS) products as AbilityOne items being added
• Math is incorrect on Price Proposal Template
• Pricing or discounts are incorrect
• Attempt to delete items that are not on contract
• Overhead is not included in the cost and is being charged separately.
• Using non-standardized part numbers
• Proper type of mod is not chosen in GSA eMod system
• Incorrect documentation submitted with mod
• Irrelevant documentation submitted with mod
• All the required documentation is not initially submitted with modification request
• Slow contractor response to CO’s/CS’s comments or requests
2. How long does it take to process a mod?

There is no set timeline for processing a mod. Our COs/CSs in the acquisition centers work diligently to process mods in a timely fashion. The amount of time it takes to award a mod largely depends on the COs/CSs workload, the documentation provided by the MAS contractor, and the responsiveness of the MAS contractor. On average, most modifications take 30-60 days with administrative modifications usually taking 2-3 weeks.

It is recommended that you do not mix the modification types or category types when an addition mod request is submitted. For example, an addition mod containing furniture items, IT items, and Global Supply items may cause a longer lead time.

1. Administrative Modification Guidance

Administrative Modifications

Administrative modifications are subject to the unilateral right and discretion of the Government. A contractor will not be required to provide a digital signature after submitting an administrative mod request.

The following are common administrative mods:

• Address change
• Contract administrator/Point of Contact (POC) or authorized negotiator change
• Email address change
• Fax change
• Industrial Funding Fee (POC) change
• Points of Contact (POCs) for manufacturers, dealers, resellers, agents’ changes
• Order Point of Contact (POC) change
• Telephone number change
• Website address change

When you submit a mod request for an administrative mod, the CO will be notified. Once the CO has reviewed the request; you will receive an email that the mod has been approved or

rejected.

Multiple administrative mod types can be combined into a single mod; for example, you can combine changing an authorized negotiator, email address, phone number, etc. into one mod. The eMod Help Center provides additional information that can assist your efforts.

Click here to go to the eMod Help Center for more information about submitting your Administrative Modification request.

Address Change

This mod type will update the company address. A change to your address in SAM (https://www.sam.gov/SAM/) record will automatically initiate an address change mod in the eMod system. Even minor changes in punctuation, such as St. vs St vs. Street will generate an eMod. Address data entry must be consistent in sam.gov and eMod. The next time eMod is accessed, you will be notified of the address change. You will be required to confirm the new address and will be prompted to apply the new address to any other GSA Schedule contracts that the company may hold. An automatic Rapid Action Modification (RAM) will be sent to your CO to incorporate the change into your contract. The RAM will not change the list of current Authorized Negotiators or Contact for Contract Administration. If the address change is related to a novation and the Unique Entity Identifier (UEI) changes, please see the guidance related to a Novation.

References (see MAS solicitation):

• FAR 43.103(b) Unilateral Modification
• 52.215-6 PLACE OF PERFORMANCE (OCT 1997)
• For non-TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020)
• For TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II - MAY 2019)

Contract Administrator/Point of Contact (POC) or Authorized Negotiator

The Contract Administrator/POC modification type updates the name of the contract administrator. Email your ACO/CO/CS to let him/her know that your POC has been updated. When personnel changes result in a new POC, that new individual may also need to be added as an Authorized Negotiator.

The Authorized Negotiator mod type updates information that changes for an authorized negotiator. This includes removing an outdated Authorized Negotiator, adding a new negotiator,

or updating spelling or punctuation of a name. When there is not currently a valid Authorized Negotiator on a contract, email a request from a company officer on company letterhead to the assigned CO/CS.

Note: You should have at least two persons listed as Authorized Negotiators who are authorized to sign. While you may use consultants, one Authorized Negotiator should be an employee of the contractor.

Note: Contract Administrators are not required to be listed as an authorized negotiator.

References (see MAS solicitation):

• FAR 43.103(b) Types of contract modifications
• G-FSS-900-C CONTACT FOR CONTRACT ADMINISTRATION (JUL 2003)
• Authorized Negotiator: K-FSS-1 AUTHORIZED NEGOTIATORS (MAR 1998)
• For non-TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020)
• For TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II - MAY 2019)
• For non-TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020)
• For TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II - MAY 2019)

Contract Administrator/POC or Authorized Negotiator Mod Checklist:

Other Administrative Modifications

For the following mod requests, please follow the prompts for updating this information in eMod:

• Email Address Change
• Fax Change
• Industrial Funding Fee Point of Contact (POC)
• References: G-FSS-900-C CONTACT FOR CONTRACT ADMINISTRATION (JUL 2003).
• Points of Contact (POCs) for Manufacturers, Dealers, Resellers, Agents
• Order Point of Contact (POC)
• Telephone Number Change
• Website Address Change

Note: The Industrial Funding Fee POC mod type will update any information seen in the Federal Acquisition Service (FAS) Sales Reporting Portal (SRP).

Note: For the website address change modification type, a change to your website address in SAM will automatically initiate a Website Address Change modification in eMod. The next time you login to eMod, you will be notified of the website address change. You will be required to confirm the new website address and will be prompted to apply the new website address to any other GSA Schedule contracts that the company may hold. An automatic RAM will be sent to your CO to incorporate the change into your contract. The generated mod will not change the list of current Authorized Negotiators or contact for contract administration.

Additions Modification Guidance

Identical Items

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.

Adding Items to Your Contract

You can add more SINs, new models, new brands, products and/or services to your MAS contract through a mod request. New items and/or services will not be added to the contract until the CO/CS can determine that the prices offered are “fair and reasonable,” the items are within scope of the given SIN(s), and your mod request is otherwise responsive to the solicitation requirements. Some SINs have special submission instruction requirements. Refer to the MAS Solicitation and Large Category Attachment for specifically required documentation.

Dealers and Resellers

If the manufacturer and the brand offered is not already awarded under the current contract, clause I-FSS-644 Products Offered and Sold by Vendors Other Than the Manufacturer (APR 2021) requires companies to provide a Letter of Supply (LOS) from the manufacturer and, if

applicable, the official distributor for each new brand offered. See the MAS Scope and Templates page for the Letter of Supply template or otherwise provide evidence of an uninterrupted source of supply from which to satisfy the Government’s requirements for the contract period.

If your manufacturer participates in the Verified Products Portal (VPP), you do not need to provide a Letter of Supply. GSA recommends checking the Verified Products Portal Participation Dashboard to determine if your products come from a manufacturer participating in the VPP. For more information about the Verified Products Portal, please visit gsa.gov/VPP.

Trade Agreements Act (TAA) Compliance

Unless otherwise specified, the trade agreements outlined in 52.225-5 TRADE AGREEMENTS (OCT 2019)) apply to all items in the Schedule and you must certify each end product, except those listed in paragraph (b) of provision 52.225-6 TRADE AGREEMENTS CERTIFICATE FEB 2021), is a U.S.-made or designated country end product, as defined in clause 52.225-5 TRADE AGREEMENTS (OCT 2019). A list of the designated countries can also be found in clause 52.225-5 TRADE AGREEMENTS (OCT 2019).

Ancillary Supplies and/or Services

Ancillary supplies and/or services (SIN ANCILLARY under the Miscellaneous Large Category) are support supplies and/or services which are not within the scope of any other SIN on Schedule. These supplies and/or services may only be ordered in conjunction with, or in support of, supplies and/or services purchased under another SIN(s). Items that are awarded under SIN ANCILLARY offer a total solution for a customer requirement. This SIN may be used for orders and Blanket Purchase Agreements (BPAs) that involve work or a project that is solely associated with the supplies and/or services purchased under Schedule.

Note: This SIN excludes stand-alone purchases that are exclusively for supplies and/or services already available under the Schedule. The Service Contract Labor Standards (SCLS) may be applicable to the services offered under SIN ANCILLARY. If applicable, the following language shall be included at the end or beginning of each detailed position description: “Service Contract Labor Standards (SCLS) labor categories must be incidental to and used solely to support a contractor’s product or service offerings and cannot be purchased separately.”

SCLS

You must identify SCLS labor categories as a part of your price proposal. The solicitation price proposal instructions require you to:

• Map the identified SCLS labor categories to the SCLS-equivalent labor category

title (titles/descriptions available at MAS Scope and Templates).

• Identify the wage determination number that the labor categories offered are predicated on. The applicable revision number for any wage determination number is the revision number identified on the first page of the wage determination. Wage determinations are incorporated at the Schedule level and can be found at the MAS Scope and Templates page. The SCLS Matrix generated in eMod will capture this information.

Commercial Supplier Agreements (CSA), End User Licensing Agreement (EULA), Terms of Service (TOS)

If an addition modification includes submitting Commercial Supplier Agreements (CSAs), End User License Agreements (EULAs), Terms of Service (ToS), or other similar legal instruments or agreements, these documents must be reviewed and approved by GSA’s Office of General Counsel or the CO/CS prior to award of the modification. Contractors shall clearly define what products and services are included in the CSA and submit the document in an editable format.

Click here to go to the eMod Help Center for more information about submitting your Addition Modification request.

Add Professional Services/Labor Category or Training

MAS Consolidation Phase 3 modifications

Phase 3 of MAS Consolidation began August 1, 2020, during which time contractors with multiple contracts will consolidate down to one contract per Unique Entity Identifier (UEI). For more information on Phase 3 of MAS Consolidation please see the MAS Consolidation Phase 3 Overview and FAQs.

If you are adding Professional Services/Labor Category or Training to your contract to complete Phase 3 you must submit all required documentation. No requirements have been waived.

Click here to go to the eMod Help Center for more information about submitting your Add Professional Services/Labor Category or Training Modification request.

References (see MAS solicitation):

• For non-TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020)
• For TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II - MAY 2019)

Add Professional Services/Labor Category or Training Mod Checklist:

The following group of paragraphs provide additional detail to the requirements table above.

1. Services and Training Proposal Price Template (PPT) (see Item No. 3 above)
1. The PPT is not in eMod. You will need to upload it to the system as a separate attachment. We will only accept the current version of the PPT. Including any other version may result in rejection.
2. Proposed prices must represent fully burdened rates inclusive of all cost factors (e.g., direct labor, indirect labor, General and Administrative (G&A) expenses, profit, and Industrial Funding Fee (IFF)).

Note: Do not reformat or change the PPT. Formulas must be seen in the spreadsheet. The PPT needs to be completed and submitted in the exact same format incorporated in the template or we will reject your mod request.

You must submit the PPT in Microsoft Office Excel format. The proposed pricing structure must be consistent with the offeror’s commercial practices. You must clearly identify pricing as based either on a "Commercial Price List" or a "Commercial Market Price," as defined in FAR 2.101 (see "Catalog Price" and "Market Prices" under the definition of "Commercial Item").

1. For non-TDR, if the Most Favored Customer (MFC) or Basis of Award customer is a federal agency, but sales exist to commercial customers, identify which, if any, of the commercial customers receive the offeror’s best price. This will allow the Government to establish a "basis of award" customer in accordance with 552.238-81 Price Reductions (May 2019).
2. Proposed prices must include the 0.75% IFF. This fee will be included in the awarded prices and reflected in the total amount charged to ordering activities.

For non-TDR, provide supporting documentation for EACH proposed product/service price. Supporting pricing documentation may consist of published and publicly available commercial catalogs/price lists, copies of invoices, contracts, quote sheets, etc. They must be submitted with the offer.

1. For non-TDR, if the Most Favored Customer (MFC) or Basis of Award customer is a federal agency, but sales exist to commercial customers, identify which, if any, of the commercial customers receive the offeror’s best price. This will allow the Government to establish a "basis of award" customer in accordance with 552.238-81 Price Reductions (May 2019).
2. Proposed prices must include the 0.75% IFF. This fee will be included in the awarded prices and reflected in the total amount charged to ordering activities.

For non-TDR, provide supporting documentation for EACH proposed product/service price. Supporting pricing documentation may consist of published and publicly available commercial catalogs/price lists, copies of invoices, contracts, quote sheets, etc. They must be submitted with the offer.

There must be a clear and relevant relationship between the supporting document and the proposed price it is meant to substantiate.

Each supporting document must be clearly labeled with the name of the corresponding proposed product/service.

The offeror must submit a detailed price narrative containing sufficient information for each of the products/services offered to enable the contracting officer to determine that offered prices are fair and reasonable. For example, if the price offered to GSA is not equal to or better than the price offered to the offeror's designated MFC or Basis of Award customer, the narrative must explain the rationale for proposing such a price in a way sufficient to enable the contracting officer to determine that the rate is fair and reasonable.

You must explain any deviation from your commercial sales practices, including the specific circumstances and frequency of the deviations. You must also propose a mechanism for future price adjustments, as detailed below:

1. If pricing proposed in the PPT is based on a commercial price list, submit a copy of the company's current price list with date pricing took effect, or catalog. A standard rate sheet may be requested (this must be an existing, standalone document, and not prepared for purposes of this solicitation). Future price adjustments for pricing based on a commercial price list are subject to clause 552.216-70 Economic Price Adjustment – FSS Multiple Award Schedule Contracts.

OR

1. If pricing proposed in the PPT is based on commercial market prices,

future price adjustments are subject to clause I-FSS-969 Economic Price Adjustment – FSS Multiple Award Schedule. The offeror must either propose a fixed annual escalation rate or identify a relevant market indicator (e.g., the Bureau of Labor Statistics Employment Cost Index).

OR

1. The PPT is not required for contractors who used a cost build

methodology to award their contract rates (i.e., a detailed breakdown of the cost elements and proposed profit used to calculate the proposed GSA rate), not prices offered to other customers.

1. SCLS Matrix (see Item No. 4 above)

For each SCLS covered contract labor category or fixed price service, complete the following information in the spreadsheet format directly in eMod (labor categories shown are for example purposes).

1. Professional Services Descriptions, SCLS and/or non-SCLS Labor Category Descriptions, Training Course Descriptions, and or Service Descriptions (see table Item No. 5 above) This is a separate document other than the PPT or SCLS Matrix spreadsheets. This

description document shall include:

1. Labor Category Descriptions
2. Detailed position description (include functional responsibilities)
3. Minimum years of experience
4. Minimum years of education/degree requirements
5. Applicable training/certification requirements
6. If it is the Offeror’s standard commercial practice to substitute experience for education, provide an explanation of the methodology in use (e.g., five years’ experience equates to a BA/BS degree)
7. Copy of offeror’s policy that addresses uncompensated overtime (52.237- 10 IDENTIFICATION OF UNCOMPENSATED OVERTIME (MAR 2015) if

not already included in the contract

1. Economic Price Adjustment mechanism
2. Identify labor categories that are subject to under Service Contract Labor Standard (SCLS):
1. Include SCLS Equivalent Code and Title
2. Wage Determination Number
3. Training Courses
3. Title
4. Brief description of the course including major course objectives
5. Length of Course (number of hours/days)
6. Min/Max number of participants, and the price for additional students above maximum or below minimum, if applicable
7. Support materials provided as part of the course (e.g., training manuals, CDs, DVDs.)
1. Fixed Price Services (including Professional Services)

i) Description of each service, demonstrating how each service is within the scope of the applicable SIN and sufficient detail to ensure ordering agencies have enough information to know what they are buying

1. Professional Compensation Plan (see Items No. 6 above)

If the original offer or a subsequent mod did not contain a Professional Compensation Plan because no professional services were previously proposed, you must submit a

Professional Compensation Plan according to clause 52.222-46 Evaluation of Compensation for Professional Employees (Feb 1993). Individual compensation disclosure is not

required. Submission of the general compensation practices printed in the contractor’s employee handbook is generally enough if the handbook sets forth salary ranges, and fringe benefits proposed for the professional employees who will work under the contract.

1. Supporting Price Documentation (see Item No. 8 above)

You can propose separate rates for "domestic” versus "overseas” and/or “customer facility” versus “contractor facility” if there are variations in costs that depend on where the work is performed. Rates proposed in this manner must be clearly labeled as such. Provide invoices or receipts to demonstrate actual prices paid for each new labor category so the Contracting Officer can make a reasonable determination that items have been sold commercially.

Supporting documentation is not required from contractors participating in TDR at the time of submission of modification request. However, if a CO/CS cannot determine if the prices are fair and reasonable, they may request more information. For more information, check with your CO/CS.

Add Product(s)

Before adding products, please review the SCP-FSS-001 INSTRUCTIONS APPLICABLE TO ALL OFFERORS, Buy American Certificate (FAR 52.225-1), Trade Agreements Certificate (FAR 52.225-6) and AbilityOne Program requirements in the MAS solicitation.

If you are an AbilityOne distributor, please check the AbilityOne Procurement List to ensure that as a contractor you are not offering or adding a product to your offerings or contract that is covered by the AbilityOne Procurement List. Items that are similar to any items on the AbilityOne Procurement List will be considered Essentially the Same (ETS) as AbilityOne products. Because AbilityOne products are mandatory purchases for Federal customers, an offeror must not include any ETS items in its FSS proposal. Contractors found to have items that are ETS will have to remove these products from their offerings immediately. Repeat ETS offending contractors may have their contracts cancelled or not considered for exercising of future options.

As defined by the AbilityOne Commission, ETS is defined as a descriptive term for commodities (not applicable to critical or weapon system related items) that are comparable in all the prominent physical, functional, or performance characteristics to items on the AbilityOne Procurement List. This includes but is not limited to form, fit, and function sufficient to enable interchangeability. Form includes ETS similarity in appearance, shape, size, dimension, design, color, texture, environmental characteristics, quality, and/or other features. Fit pertains to the ability to physically interface, connect or integrate with other parts. Function entails the intended use of the product. Fit pertains to the ability to physically interface, connect or integrate with other parts. Function entails the intended use of the product.

Note: An AbilityOne Commission determination of ETS does not mean and will not be interpreted to mean the product/item is "exactly" the same.

MAS Consolidation Phase 3 modifications

Phase 3 of MAS Consolidation began August 1, 2020, during which time contractors with multiple contracts will consolidate down to one contract per Unique Entity Identifier (UEI). For more information on Phase 3 of MAS Consolidation please see the MAS Consolidation Phase 3 Overview and FAQs.

If you are adding Products to your contract to complete Phase 3 you must submit all required documentation. No requirements have been waived.

Click here to go to the eMod Help Center for more information about submitting your Add Products Modification request.

References (see MAS solicitation):

• For non-TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020)
• For TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II - MAY 2019)

Add Products Mod Checklist:

1. Supporting Price Documentation (see table Item No. 8 above)

Provide invoices or receipts to show actual prices paid so the Contracting Officer can make a reasonable determination that items have been sold commercially. Supporting documentation is not required from contractors participating in TDR at the time of submission of modification. However, if a CO/CS cannot determine if the prices are fair and reasonable, they may request more information from the contractor. For more information, check with the CO/CS.

Add a SIN

If a product, service, or solution a contractor wants to add to their contract offerings falls under a SIN not awarded to their contract, the contractor must add the applicable SIN to their contract to add the product, service, or solution.

The MAS Solicitation allows contractors to add any of the available 300+ SINs to their MAS contracts, except for SINs 339940OS4 or SIN 339940OVER. We strongly recommend the following best practices when your Add SIN(s) modification is adding multiple SINs:

1. Develop a strategy with the CO/CS to prioritize the Add SIN modification requests by importance and submit your modification requests in that order. Also, consider the frequency of mod request submissions if it's a large number of SINs.
2. SINs that require specialized technical requirements as outlined in the Category Attachments of the MAS Solicitation, such technical evaluation (i.e, 54151HACS) should be submitted as an individual add SIN mod request.
3. Work with the CO/CS to determine if the proposed offerings are within scope of the requested SIN.

GSA reserves the right to reject or ask the company to withdraw an Add SIN modification, if we find the SIN is already under another MAS contract owned by the company.

MAS Consolidation Phase 3 Streamlined Add SIN Modifications

Phase 3 of MAS Consolidation began August 1, 2020, during which time contractors with

multiple contracts will consolidate down to one contract per Unique Entity Identifier (UEI). For more information on Phase 3 of MAS Consolidation please see the MAS Consolidation Phase 3 Overview and FAQs.

The standard modification requirements apply to Phase 3 Add SIN modification requests, however, any requirements waived for successful Federal Supply Schedule (FSS) contractors in solicitation provision SCP-FSS-001, Instructions to All Offerors are also waived for all contractors submitting MAS Consolidation Phase 3 Add SIN mod requests. For example, the requirement to submit Project Experiences (Item No. 3 below) does not apply to Phase 3 Add SIN mod requests.

IMPORTANT: Streamlined offers and modification requests must be limited to the same, or a subset of, SINs currently awarded under its active FSS program contract. Contractors wishing to add new SINs that they do not already hold must submit a separate modification request that includes all required documentation including Project Experience.

Transactional Data Reporting

If your contract has TDR and non-TDR applicable SINs and you have accepted TDR, your entire contract is subject to TDR terms and conditions for the remainder of the contract. Once you have accepted TDR, Commercial Sales Practice (CSP-1) disclosure is not required.

Click here to go to the eMod Help Center for more information about submitting your Add SIN Modification request.

References (see MAS solicitation)

• For non-TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020)
• For TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II - MAY 2019)

Add SIN Mod Checklist:

1. Relevant Project Experience (see table Item No. 3 above)

This requirement is waived if you are submitting a MAS Consolidation Phase 3 streamlined Add SIN modification request to consolidate your Non-Surviving MAS Contracts into a single Surviving MAS contract. To bypass this requirement in eMod please insert “N/A” in the project experience text boxes.

The contractor must submit a narrative demonstrating relevant project experience by responding to the Relevant Project Experience prompts in eMod. A narrative is required

for each proposed services SIN and/or combined products/services SIN (e.g., 4PL) and must include the following:

1. A description of one (1)1 relevant project, not to exceed four (4) pages per project. Each description must clearly indicate the SIN to which it applies, and identify the specific services being proposed under that SIN. The projects must either have been completed within the last two years or be ongoing. For ongoing contracts with a base year and option years, at a minimum, the base year must have been completed; for multi-year task orders, at a minimum, the first year must have been completed. Note: Specific services may have more requirements under Factor Four - Relevant Project Experience. Offerors shall also refer to NAICS or category-specific instructions, for additional Relevant Project Experience requirements.

The project description must also address the following elements:

1. Detailed description of SIN relevant work performed, and results achieved
2. Methodology, tools, and/or processes utilized in performing the work
3. Demonstration of compliance with any applicable laws, regulations, Executive Orders, OMB Circulars, professional standards, etc.
4. Project schedule (i.e., major milestones, tasks, deliverables), including an explanation of any delays
5. How the work performed is similar in scope and complexity to the work solicited under the proposed SIN
6. Demonstration of required specific experience and/or special qualifications detailed under the proposed SIN.

The Offeror may use the same project in support of more than one SIN if the description clearly identifies the SIN relevant work. All examples of completed services must have been deemed acceptable by the customer.

1. For each project description, must also provide the following customer reference information (this data is not counted towards the four-page-per-project limitation):

1 For Information Technology (2) relevant project experiences are required. See Information Technology Large Category Attachment in the MAS Solicitation. Note: This requirement is waived if you are

submitting a MAS Consolidation Phase 3 streamlined Add SIN modification request to consolidate your Non-Surviving MAS Contracts into a single Surviving MAS contract.

1. Customer/client name
2. Project name/contract number
3. Customer point of contact for project
4. Point of contact phone number and email
5. Project performance period (include begin/end dates)
6. Dollar value of the entire project
7. Dollar value received for the work performed relevant to the SIN offered
8. Brief summary of the project as a whole (i.e., background, purpose, etc.)
9. A completed copy of the Statement of Work, Performance Work Statement or Statement of Objectives for the project
1. If relevant project experience does not exist, the Offeror may substitute the relevant projects of predecessor companies or key personnel that will be performing major aspects of the work. If the Offeror chooses to make such a substitution, the narratives must clearly identify the entity or personnel that performed the services.
10. SIN-specific Submission Instructions and Requirements (see table Item No. 6 above)

The following three SINs (ANCRA, 238910, and 4PL) have the below scope applicability rules.

SIN ANCRA can only be chosen if a SIN under one of the below authorized subcategories is currently awarded on your contract:

• Facilities Maintenance and Repair
• Facilities Supplies
• Facilities Solutions
• Facilities Services
• Furniture Services
• Machinery and Components
• Industrial Products
• Structures
• Logistical Services
• Flooring
• Fuel Management
• Industrial Products and Services Maintenance and Repair
• Laboratory Equipment
• Office Services

SIN 238910 can only be chosen if a SIN under one of the below authorized subcategories is currently awarded on your contract:

• Industrial Products
• Structures
• Facilities Solutions
• Security Systems

Special instructions - Note: SIN from approved subcategory must be added first to add ANCRA and 238910

SIN 4PL can only be chosen if the product/service combinations offered:

• Represent a full and broad catalog (as outlined in SCP-FSS- 001); and
• Are within scope of at least one existing (currently awarded) MAS SIN; and
• Comply with all requirements outlined in corresponding SIN(s)

Special instructions –

• SIN 4PL is a combined product + service SIN and requires submission of a technical proposal which must include Relevant Project Experience as described above and a Quality Control Narrative specific for this product + service offering.
• Vendors must clearly indicate whether they are offering Vendor-Owned/Vendor-Managed Inventory Services (VMI) Pricing, Vendor-Owned/Vendor-Consigned Inventory Services (VCI) Pricing or both. A separate Price Proposal Template shall be completed for VMI and VCI which specifically covers fully burdened rates for the VMI and/or VCI models.
• Prices offered shall be FOB Destination only.

Deletions Modification Guidance

Deletion Modifications

If products, services, or SIN(s) are being discontinued or no longer sold to the Government, you must submit a delete mod request. The Government reserves the right to reject any subsequent offer for the same item or a substantially similar item at a higher price during the same contract period.

Click here to go to the eMod Help Center for more information about submitting your Deletion Modification request.

Delete Professional and Non-Professional Services, Labor Category, Course, or Service Offerings

Click here to go to the eMod Help Center for more information about submitting your Delete Professional and Non-Professional Services, Labor Category, Course, or Service Offerings Modification request.

References (see MAS solicitation):

• For non-TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020)
• For TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II - MAY 2019)

Delete Professional and Non-Professional Services/Labor Category, Course, or Service Offerings Mod Checklist:

Delete Product(s)

Click here to go to the eMod Help Center for more information about submitting your Delete Product(s) Modification request.

References (see MAS solicitation):

• For non-TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020)
• For TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II - MAY 2019)
• FAR 43.103(b) Unilateral Modification Delete Product(s) Mod Checklist:

Delete SIN

Click here to go to the eMod Help Center for more information about submitting your Delete SIN Modification request.

References (see MAS solicitation):

• For non-TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020)
• For TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II - MAY 2019)

Delete SIN Mod Checklist:

Pricing Modifications

Is a Commercial Price List (CPL) Right for You?

FAR 2.101(a)(6) defines two types of pricing lists:

1. “Catalog price” means a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or vendor, it is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public; and
2. “Market prices” means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors.

There are several questions which can help you determine whether CPL is the appropriate method of escalation for you.

1. Do you consider your price list proprietary? A CPL is commercially/publicly available. Therefore, if the answer is yes, you do not have a CPL according to FAR 2.101.
2. Are your prices publicly available (e.g., published on your company’s website or in a published catalog) If not, you do not have a CPL according to FAR 2.101.
3. Are you currently charging the prices published in your CPL? If your prices are based on market conditions rather than a fixed price list, you do not have a CPL according to FAR 2.101.

If the answer to any of these three questions indicates that you do not really have a CPL as defined above, then you may request to change your method of escalation to Economic Price Adjustments (EPA) based on Market Pricing under I-FSS-969.

Click here to go to the eMod Help Center for more information about submitting your Pricing Modification request.

EPA Increase based on a Commercial Price List

This type of modification is used to increase pricing for previously awarded items when a contractor’s pricing is based on a commercial price list. An EPA increase should only be requested if you have increased your commercial list price.

You must also ensure that the GSA price increase is in line with the basis of award in your GSA contract. If you have not increased your List/Retail pricing to your commercial customers, you cannot increase the pricing on your GSA Contract.

If the price increase requested is not considered fair and reasonable, the Government will deny or negotiate in part, or in whole, the EPA request.

For products, when the contractor requesting the price increase is other than the Original Equipment Manufacturer (OEM), submit a notice from a manufacturer or supplier regarding price increases and a copy of the revised OEM price list.

In accordance with (IAW) SCP-FSS-001 INSTRUCTIONS APPLICABLE TO ALL NEW

OFFERORS Service Contract Labor Standards (SCLS), escalation was clarified, and all non- professional labor categories (SCLS covered) shall be escalated IAW 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS).

In addition to clause 52.222-43, one of the following two methods of escalation will be awarded, I-FSS-969 or 552.216-70. If your contract was awarded prior to SCP-FSS-001 INSTRUCTIONS APPLICABLE TO ALL OFFERORS (SEP 2019), be sure to request another method of escalation for your non-exempt labor categories.

Note for Non-TDR Contracts: When requesting a pricing modification, you cannot change your Most Favored Customer/Basis of Award (MFC/BOA) or GSA basic discount. If you determine that you need to update your discount structure, submit a Revise Terms and Conditions modification request before submitting your pricing modification request.

Click here to go to the eMod Help Center for more information about submitting your EPA Increase based on a Commercial Price List Modification request.

References (see MAS solicitation):

If GSA prices are based on a Commercial Price List:

• For TDR Contracts: 552.216-70 ECONOMIC PRICE ADJUSTMENT – FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (DEVIATION II – JUL 2016)
• For non-TDR Contracts: 552.216-70 ECONOMIC PRICE ADJUSTMENT – FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (ALTERNATE I – SEP 1999)
• 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (AUG 2018)

Note: It is possible for both clauses 552.216-70 (Commercial Price List) (both referenced above) and I- FSS-969 (Market Prices) (referenced above) to apply to one contract. For example, if a contractor has a services SIN (and discloses to the Government that they do not have a commercially published price list) and has a products SIN (and discloses to the Government that they do have a commercial published price list for products). In this case, both clauses would apply to one contract. Clause 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) applies where the SCLS applies.

EPA Increase based on a Commercial Price List Mod Checklist:

1. EPA Increase without a Commercial Price List

Click here to go to the eMod Help Center for more information about submitting your EPA Increase without a Commercial Price List Modification request.

EPA based on Market Pricing

Note for non-TDR contracts: When requesting a pricing modification, you cannot change your Most Favored Customer/Basis of Award (MFC/BOA) or GSA basic discount. If you determine that you need to update your discount structure, submit a Revise Terms and Conditions modification request before submitting your pricing modification request.

If the price increase requested on market rates is not considered fair and reasonable, the Government will reject in part or in whole the EPA request. Adjustments will be considered on the following basis:

1. Adjustments based on escalation rates negotiated before contract award: Normally, when escalation rates are negotiated, it results in a fixed price for the term of the contract. No separate contract modification will be provided when increases are based on negotiated escalation rates.
2. Adjustments based on an agreed-upon market indicator before award: The market indicator, as used in this clause, means the originally released public index, public survey or other public-based market indicator that is not seasonally adjusted. Any price adjustment shall be based on the percentage change in the designated (i.e., indicator identification and date) market indicator from the initial award to the latest available as of the anniversary date of the contract effective date. If the market indicator is discontinued or deemed no longer available or reliable by the Government, the Government and the Contractor will mutually agree to a substitute. The contract modification reflecting the price adjustment will be effective upon approval by the CO.

Note: The market indicator generally recommended by GSA is The Department of Labor, Bureau of Labor Statistics, Table 5 Compensation (not seasonally adjusted): Employment Cost Index for total compensation, for private industry workers, by occupational group and industry. Select the occupational/industry group that is most relevant to your business/organization. https://www.bls.gov/news.release/eci.t05.htm

Service Contract Labor Standards (SCLS): All non-professional labor categories (SCLS covered) shall be escalated in accordance with clause 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). In addition to clause 52.222-43, one of the following two methods of escalation will be awarded: I-FSS-969 or 552.216-70.

If your contract was awarded IAW a prior version of SCP-FSS-001 INSTRUCTIONS APPLICABLE TO ALL OFFERORS (JAN 2023), be sure to request an additional method of escalation for your non-exempt labor categories.

References (see MAS solicitation)

GSA prices are based on Market Rates:

• For TDR Contracts: I-FSS-969 ECONOMIC PRICE ADJUSTMENT FSS MULTIPLE AWARD SCHEDULE (OCT 2014) (ALTERNATE II - JUL 2016)
• For non-TDR Contracts: I-FSS-969 ECONOMIC PRICE ADJUSTMENT-FSS MULTIPLE AWARD SCHEDULE (OCT 2014)
• 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS)
• 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)

Note: If at the time of award an escalation rate under Clause I-FSS-969 was negotiated into the contract, you don’t need to do a separate modification request to increase pricing.

Note: It is possible for both clauses 552.216-70 (Commercial Price List) and I-FSS-969 (Market Prices) to apply to one contract. For example, a contractor has a services Special Item Number (and discloses to the Government that they do not have a commercially published price list) and has a products SIN (and discloses to the Government that they do have a commercial published price list for products). In this case, both clauses would apply to one contract. In all cases, 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) applies where the Service Contract Labor Standards (SCLS) applies.

EPA based on Market Pricing Mod Checklist:

1) Market Indicator (see Item No. 2 above)

Submit a copy of the market indicator that was agreed upon at the time of award (or modification, whichever is most recent). If you do not have the Employment Cost Index (ECI) quarter identified in your award documents, you may determine the correct quarter by using the following guidance.

To select the correct quarter to escalate by you will select the appropriate indicator based on clause guidance identified in I-FSS-969(b)(2):

“Any price adjustment shall be based on the percentage change in the designated (i.e., indicator identification and date) market indicator from the initial award to the latest available as of the anniversary date of the contract effective date.”

If the 1449 does not identify the most recent quarter based on award date you can find it on the Releases Calendar at https://www.bls.gov/schedule/. Below is an example of the release of the Employment Cost Index for December 2019.

As you can see, the 4th quarter 2019 index was not released until January 31 of 2020, which means a contract awarded January 31st of 2020 would be using the previous 3rd quarter Bureau of Labor Statistics (BLS) ECI average which would be 2.7% in this example.

Another example: If a contract was awarded May 13, 2014, what BLS quarter was it awarded under? The first quarter ECI was updated April 29, 2014, and since May is in the same quarter then the contract anniversary date for ECI would be 1st quarter.

EPA Increase Based on Service Contract Labor Standards (SCLS)

Note for non-TDR contracts: When requesting a pricing modification, you cannot change your Most Favored Customer/Basis of Award (MFC/BOA) or GSA basic discount. If you determine that you need to update your discount structure, submit a Revise Terms and Conditions modification request before submitting your pricing modification request.

References (see MAS solicitation):

• For TDR Contracts: I-FSS-969 ECONOMIC PRICE ADJUSTMENT FSS MULTIPLE AWARD SCHEDULE (OCT 2014) (ALTERNATE II - JUL 2016)
• For non-TDR Contracts: I-FSS-969 ECONOMIC PRICE ADJUSTMENT-FSS MULTIPLE AWARD SCHEDULE (OCT 2014)
• For TDR Contracts: 552.216-70 ECONOMIC PRICE ADJUSTMENT – FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (DEVIATION II – JUL 2016)
• For non-TDR Contracts: 552.216-70 ECONOMIC PRICE ADJUSTMENT – FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (ALTERNATE I – SEP 1999)
• 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS)
• 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)

EPA Increase based on Service Contract Labor Standards (SCLS) Mod Checklist:

Wage Determinations

Service Contract Labor Standards (SCLS): All non-professional labor categories (SCLS covered) shall be escalated in accordance with clause 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). In addition to clause 52.222-43, one of the following two methods of escalation will be awarded: I-FSS-969 or 552.216-70.

If your contract was awarded IAW a prior version of SCP-FSS-001 INSTRUCTIONS APPLICABLE TO ALL OFFERORS (JAN 2023), be sure to request an additional method of escalation for your non-exempt labor categories.

Click here to go to the eMod Help Center for more information about submitting your Wage Determination Modification request.

References (see MAS solicitation):

• 52.222-41(c)(3) SERVICE CONTRACT LABOR STANDARDS (AUG 2018)
• 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (AUG 2018)

Wage Determinations Mod Checklist:

1. Market Indicator (see Item No. 2 above)

Submit a copy of the market indicator that was agreed upon at the time of award (or modification, whichever is most recent). If you do not have the ECI quarter identified in your award documents, determine the correct quarter by using the following guidance:

1. To select the correct quarter to escalate by; you will select the appropriate indicator based on clause guidance identified in I-FSS-969(b)(2): “Any price adjustment shall be based on the percentage change in the designated (i.e., indicator identification and date) market indicator from the initial award to the latest available as of the anniversary date of the contract effective date.”
2. If the SF 1449 does not identify the most recent quarter based on award date you can find it at (https://www.bls.gov/schedule/).

Note: The percent increase cannot than the market indicator demonstrates (for example, if your contract is based on a BLS ECI table, and the current published increase is 2.5%, you could not receive more than a 2.5% EPA).

Price Reductions

Price reduction modifications can either be permanent or temporary.

Note for non-TDR contracts: When requesting a pricing modification, you cannot change your Most Favored Customer/Basis of Award (MFC/BOA) or GSA basic discount. If you determine that you need to update your discount structure, submit a Revise Terms and Conditions modification request before submitting your pricing modification request.

Permanent Price Reduction (Based on Most Favored Customer)

Use this modification type if you would like to offer a permanent price reduction based on a change to your most favored customer, or basis of award if it is not the same as your most favored customer, pricing.

Note for non-TDR contracts: When requesting a pricing modification, you cannot change your Most Favored Customer/Basis of Award (MFC/BOA) or GSA basic discount. If you determine that you need to update your discount structure, submit a Revise Terms and Conditions modification request before submitting your pricing modification request.

Click here to go to the eMod Help Center for more information about submitting your Permanent Price Reduction (Based on Most Favored Customer) Modification request.

References (see MAS solicitation):

• For non-TDR Contracts: 552.238-81 PRICE REDUCTIONS (MAY 2019)

Permanent Price Reduction (Based on Most Favored Customer) Mod Checklist:

Permanent Price Reduction (Industry Partner Requested)

Voluntary permanent price reduction requests may be submitted at any time.

Click here to go to the eMod Help Center for more information about submitting your Permanent Price Reduction (Industry Partner Requested) Modification request.

References (see MAS solicitation):

• For TDR Contracts: 552.238-81 PRICE REDUCTIONS (MAY 2019) (ALTERNATE I - MAY 2019)
• For non-TDR Contracts: 552.238-81 PRICE REDUCTIONS (MAY 2019)

Permanent Price Reduction (Industry Partner Requested) Mod Checklist:

Temporary Price Reduction

Files containing temporary price reductions may be immediately loaded to GSA Advantage via EDI or SIP, after submission of a modification request via eMod. Your CO will be notified when an updated file is submitted. Note that modification requests for temporary price reductions are effective immediately upon submission and the effective date of the price reduction will reflect the date that the contractor submitted the modification via eMod.

Click here to go to the eMod Help Center for more information about submitting your Temporary Price Reduction Modification request.

References (see MAS solicitation):

• For TDR Contracts: 552.238-81 PRICE REDUCTIONS (MAY 2019) (ALTERNATE I - MAY 2019)
• For non-TDR Contracts: 552.238-81 PRICE REDUCTIONS (MAY 2019)

Temporary Price Reduction Mod Checklist:

Technical Modifications

Click here to go to the eMod Help Center for more information about submitting your Technical Modification request.

Change in Geographic Coverage

Click here to go to the eMod Help Center for more information about submitting your Change in Geographic Coverage Modification request.

References (see MAS solicitation):

• 552.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (NOV 2021) (DEVIATION - FEB 2007) (DEVIATION - JAN 2022)
• 552.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (NOV 2021) (DEVIATION - JAN 2022) (ALTERNATE I - NOV 2021) (DEVIATION – FEB

2007)

Change in Geographic Coverage Mod Checklist:

Part(s) Number Change

Part number changes are for products that have the same function, and for models that have not had significant changes. Minor changes should not result in a price increase. Any significant changes to the products should be submitted as an “Add Products” modification type.

Click here to go to the eMod Help Center for more information about submitting your Part(s) Number Change Modification request.

References (see MAS solicitation):

• For non-TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020)
• For TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II - MAY 2019)
• 552.212-4 (c) CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (NOV 2021) (DEVIATION – FEB 2007) (DEVIATION - JAN 2022)

Part(s) Number Change Mod Checklist:

Product Descriptive Changes

Product description changes are for minor changes to functional description. Minor changes should not result in a price increase. Any significant changes should be submitted as an “Add

Product” modification type. This mod type is not for part/model number changes.

Click here to go to the eMod Help Center for more information about submitting your Product Descriptive Changes Modification request.

References (see MAS solicitation):

• For non-TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020)
• For TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II - MAY 2019)
• 552.212-4 (c) CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (NOV 2021) (DEVIATION – FEB 2007) (DEVIATION - JAN 2022)

Product Descriptive Changes Mod Checklist:

Service Descriptive Changes

Service description changes are for revising education and/or work experience, and minor changes to functional descriptions. Minor changes should not result in a price increase. Any significant changes should be submitted as an “Add Professional Services/Labor Category or Training” modification type. This mod type is not for changing names of services or labor categories.

Click here to go to the eMod Help Center for more information about submitting your Service Descriptive Changes Modification request.

References (see MAS solicitation):

• For non-TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MAR 2020)
• For TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II - MAY 2019)
• 552.212-4 (c) CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (NOV 2021) (DEVIATION – FEB 2007) (DEVIATION - JAN 2022)

Service Descriptive Changes Mod Checklist:

Terms and Conditions Modifications

Modifying Terms and Conditions

Terms and conditions modifications can be anything from changing the Most Favored Customer and proposing a new Basis of Award Customer due to an update in a contractor’s Commercial Sales Practice (CSP), to incorporating a Subcontracting Plan, to taking an exception to a clause.

The documentation you submit for each term and condition will depend on what terms and

conditions changes you’re requesting. If you cannot find an appropriate mod type for what you are trying to accomplish in eMod, choose a generic “Terms and Conditions” modification.

Click here to go to the eMod Help Center for more information about submitting your Terms and Conditions Modification request.

1. Create/Manage Clause Exceptions References (see MAS solicitation):
• 552.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (NOV 2021) (DEVIATION - FEB 2007) (DEVIATION - JAN 2022)
• 552.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (NOV 2021) (DEVIATION - JAN 2022) (ALTERNATE I - NOV 2021) (DEVIATION - FEB

2007)

Create/Manage Clause Exceptions Mod Checklist:

Re-representation of Business Size

To be eligible for award as a “small business concern”, you must represent in good faith that you are a small business concern at the time of your written representation. A contractor that

represented itself as a small business concern before contract award must re-represent its size status for the North American Industry Classification System (NAICS) code in the contract when any of the following happen:

• Within 30 days after executing a novation agreement or within 30 days after modifying

the contract.

• Within 30 days after a merger or acquisition of the contractor that does not require

novation or within 30 days after modifying the contract.

• Within 60 to 120 days before the date specified in the contract for exercising any option.

If your small business size and socioeconomic status remain unchanged, no action is required.

If your small business size and socioeconomic status have changed, you must submit a re- representation of business size modification, via eMod.

Note: You may submit a "Re-representation of Business Size" modification to recertify as a small business if your firm's SAM representations and certifications show that your firm is a small business for the preponderance NAICS assigned to the contract. You must re- represent your size status according to the size standard that corresponds to the NAICS code that was initially assigned to the contract.

Click here to go to the eMod Help Center for more information about submitting your Re- representation of Business Size Modification request.

References (see MAS solicitation):

• 52.219-28 POST–AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

Re-representation of Business Size Mod Checklist:

Incorporate Subcontracting Plan (SubK)Modification)

If you re-represent your size status from small business to other than small business, you must submit an “Incorporate Subcontracting Plan” mod request.

You can select one of the following Subcontracting Plan types:

• Commercial plan is a subcontracting plan (including goals) that covers the contractor’s fiscal year. Commercial plans apply to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line). If you have a Commercial Subcontracting Plan; you must submit an eMod each year based on your company's fiscal year.
• Individual plan is a subcontracting plan that covers the entire contract period (including option periods) and applies to a specific contract. The individual plan has goals that are based on the offeror’s planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.
• Master plan is a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals. Master plans may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved.

Click here to go to the eMod Help Center for more information about submitting your Incorporate Subcontracting Plan (SubK) Modification request.

References (see MAS solicitation):

• 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (NOV 2021) (ALTERNATE II –NOV 2016)

Incorporate Subcontracting Plan (SubK) Mod Checklist:

Other Terms and Conditions Modifications

For the following terms and conditions modification requests, please follow the prompts for updating this information in eMod:

• Cooperative Purchasing
• Disaster Recovery
• E-Verify
• Re-representation of Business Size for Non-Novated Merger/Acquisition
• Revise Terms and Conditions
• Re-representation of Small Business Type
• Participate in TDR mod type

On June 23rd, 2016, GSA published a final rule to capture Transactional Data for procurements across MAS. Transactional Data Reporting (TDR) acceptance is optional. If your contract has TDR and Non-TDR applicable SINs and you have accepted TDR, your entire contract is subject to TDR terms and conditions for the remainder of the contract once you have accepted TDR.

Note: Commercial Sales Practice (CSP-1) disclosure is not required if you participate in TDR.

Change of Name and Novation Modifications

Determining the Agency Responsible for Executing Your Change-of-Name Novation Agreement

1. If the transferor has contracts (not orders issued under the GSA Schedule) with other Government agencies in addition to the GSA Schedule contract, the agency responsible for processing the Novation or Change-of-Name Agreement modification is the agency with the largest unsettled (unbilled plus billed but unpaid) dollar balance of contract obligations.
2. If the largest unsettled dollar balance is from task/purchase orders using a GSA Schedule contract, GSA is the agency responsible for processing the Novation or Change-of-Name Agreement modification.
3. If the transferor has multiple GSA Schedule contracts, the contracting officer for the specific GSA Schedule contract with the largest unsettled task order dollar balance is the

contracting officer responsible for processing the Novation or Change-of-Name Agreement modification. However, modifications will be required to each contract.

Note: The “transferor” is the company that holds the government contract that needs to be

modified. Example: ABC Company has been bought by XYZ Company. In this example, the “transferor” is ABC Company, and the “transferee” is the XYZ Company.

Click here to go to the eMod Help Center for more information about submitting your Change-of- Name or Novation Agreement Modification request.

1. Novation Agreement Modification

“Novation agreement” is a legal instrument by which, among other things, the transferor guarantees performance of the contract, the transferee assumes all obligations under the contract, and the Government recognizes the transfer of the contract and related assets from the transferor to the transferee.

Before submitting a modification, please review Federal Acquisition Regulation (FAR) 42.1204 (a)-(b) Applicability of novation agreements and FAR 42.1205 Agreement to recognize contractor’s change of name, to determine whether you should submit a Novation agreement or Change-of-Name Agreement to GSA for the subject contract.

When requesting a Novation Agreement modification, please add Authorized Negotiators for the transferee before signing the modification.

Note: The “transferor” is the company that holds the government contract that needs to be modified. Example: ABC Company has been bought by XYZ Company. In this example, the “transferor” is ABC Company, and the “transferee” is the XYZ Company.

Click here to go to the eMod Help Center for more information about submitting your Change-of- Name or Novation Agreement Modification request.

References (see MAS solicitation):

• FAR 42.1204 Applicability of novation agreements
• For non-TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE I - MARCH 2020)
• For TDR contracts 552.238-82 MODIFICATION (FEDERAL SUPPLY SCHEDULE) (JAN 2022) (ALTERNATE II - MAY 2019)

Novation Agreement Mod Checklist:

Do not create the eMod request until the CO/CS has instructed you to do so and confirmed receipt of the documents you will submit with the Novation Agreement eMod request.

1. If your company is changing from a Small business size to Other than Small business size according to your NAICS code, you’ll need to do a Subcontracting Plan. If your company is already an Other than Small business and is remaining as an other than small business, you’ll need an updated Subcontracting Plan.
1. According to clause 52.219-28, Post Award Small Business Program Re- representation (SEP 2021), paragraph (b) (1), you must re-represent your business size in SAM.gov. Once this re-representation is done, you must submit a “Representation of Size” modification via the eMod system in order for GSA to recognize your new business size.
2. If the transferor was awarded as a small business and the transferee is an Other than Small business for the NAICS code(s) established in the contract, then the transferee must complete and submit a Subcontracting Plan from the current solicitation with the modification request. You can submit a request to add a Subcontracting Plan via the eMod system.

Cancellation Modifications

The cancellation modification’s purpose is to discontinue a contract. A cancellation modification takes effect 30 calendar days after signature, and a contract cannot be reinstated after the cancellation modification’s effective date. Either party may cancel this contract in whole or in part by providing written notice.

An exit interview may be requested. Sales reporting must be completed according to 552.238- 80 Industrial Funding Fee and Sales Reporting July 2020 or 552.238-80 Industrial Funding Fee and Sales Reporting (July 2020) (Alternate I May 2019) for the current quarter. If the cancellation is not effective until the next quarter, you must complete sales reporting for the following quarter as well.

Click here to go to the eMod Help Center for more information about submitting your Cancellation Modification request.

Reference (see MAS solicitation):

• 552.238-79 CANCELLATION (MAY 2019)

Cancellation Mod Checklist:

Glossary

1. Appendix
2. FSS-600 CONTRACT PRICE LISTS (APR 2021)
1. Electronic Contract Data.
1. At the time of award, the Contractor will be provided instructions for submitting electronic contract data in a prescribed electronic format as required by clause 552.238 77, Submission and Distribution of Authorized Federal Supply Schedule (FSS) Price Lists.
2. The Contractor will have a choice to transmit its file submissions electronically through Electronic Data Interchange (EDI) in accordance with the Federal Implementation Convention (IC) or use the application made available at the time of award. The Contractor’s electronic files must be complete; correct; readable; virus free; and contain only those supplies and services, prices, and terms and conditions that were accepted by the Government. They will be added to GSA’s electronic ordering system known as GSA Advantage! ®, a menu driven database system that provides online access to contract ordering information, terms and conditions, up to date pricing, and the option to create an electronic order. The Contractor’s electronic files must be received no later than 30 days after award. Contractors should refer to clause 552.238-88 GSA Advantage! ® for further information.
3. Further details on EDI, ICs, and GSA Advantage! ® can be found in clause 552.238-103, Electronic Commerce.
4. The Contractor is encouraged to place the GSA identifier (logo) on their web site for those supplies or services covered by this contract. The logo can link to the contractor’s Federal Supply Schedule price list. The identifier URL is located at http://www.gsa.gov/logos. All resultant “web price lists” shown on the contractor’s web site must be in accordance with section (b)(3)(ii) of this clause and nothing other than what was accepted /awarded by the Government) may be included. If the contractor elects to use contract identifiers on its website (either logos or contact number) the website must clearly distinguish between those items awarded on the contract and any other items offered by the contractor on an open market basis.
5. The contractor is responsible for keeping all electronic catalogs data up to date; e.g., prices, product deletions and replacements, etc.
2. Federal Supply Schedule Price Lists.
1. The Contractor must also prepare and distribute a Federal Supply Schedule Price List as required by clause 552.238 77, Submission and Distribution of Authorized Federal Supply Schedule (FSS) Price Lists. This must be done as set forth in this paragraph (b).
2. The Contractor must prepare a Federal Supply Schedule Price List by composing a price list in which only those items, terms, and conditions accepted by the Government are included, and which contain only net prices, based upon the commercial price list or commercial market prices less discounts accepted by the Government. In this instance, the Contractor must show on the cover page the

notation "Prices Shown Herein are Net (discount deducted)”.

1. The cover page of the Federal Supply Schedule Price List must include the following information prepared in the format set forth in this subparagraph (b)(3):
2. GENERAL SERVICES ADMINISTRATION

Federal Supply Service Authorized Federal Supply Schedule Price List

Online access to contract ordering information, terms and conditions, up to date pricing, and the option to create an electronic delivery order are available through GSA Advantage! ®, a menu driven database system. The INTERNET address GSA Advantage! ® is: GSAAdvantage.gov.

Schedule Title

FSC Group, Part, and Section or Standard Industrial Group (as applicable)

FSC Class(es)/Product code(s) and/or Service Codes (as applicable) Contract number

Contract period.

Contractor's name, address, and phone number (include toll free WATS number and FAX number, if applicable)

Contractor’s internet address/web site where schedule information can be found (as applicable).

Contract administration source (if different from preceding entry). Business size.

For more information on ordering from Federal Supply Schedules go to the GSA Schedules page at GSA.gov.

1. CUSTOMER INFORMATION: The following information should be placed under this heading in consecutively numbered paragraphs in the sequence set forth below. If this information is placed in another part of the Federal Supply Schedule Price List, a table of contents must be shown on the cover page that refers to the exact location of the information.

1a. Table of awarded special item number(s) with appropriate cross reference to item descriptions and awarded price(s).

1b. Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract. This price is the Government price based on a unit of one, exclusive of any quantity/dollar volume, prompt payment, or any other concession affecting price. Those contracts that have unit prices based on the geographic location of the customer, should show the range of the lowest price, and cite the areas to which the prices apply.

1c. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided. If hourly rates are not applicable, indicate “Not applicable” for this item.

1. Maximum order.
2. Minimum order.
3. Geographic coverage (delivery area).
4. Point(s) of production (city, county, and State or foreign country).
5. Discount from list prices or statement of net price.
6. Quantity discounts.
7. Prompt payment terms. Note: Prompt payment terms must be followed by the statement "Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange

for other concessions."

1. Foreign items (list items by country of origin).

10a. Time of delivery. (Contractor insert number of days.)

10b. Expedited Delivery. The Contractor will insert the sentence “Items available for expedited delivery are noted in this price list.” under this heading. The

Contractor may use a symbol of their choosing to highlight items in its price lists that have expedited delivery.

10c. Overnight and 2-day delivery. The Contractor will indicate whether overnight and 2-day delivery are available. Also, the Contractor will

indicate that the schedule customer may contact the Contractor for rates for overnight and 2-day delivery.

10d. Urgent Requirements. The Contractor will note in its price list the “Urgent Requirements” clause of its contract and advise agencies that they can also contact the Contractor’s representative to affect a faster delivery.

11. F.O.B. point(s).

12a. Ordering address(es).

12b. Ordering procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in Federal Acquisition Regulation (FAR) 8.405-3.

1. Payment address(es).
2. Warranty provision.
3. Export packing charges, if applicable.
4. Terms and conditions of rental, maintenance, and repair (if applicable).
5. Terms and conditions of installation (if applicable).

18a. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices (if applicable).

18b. Terms and conditions for any other services (if applicable).

1. List of service and distribution points (if applicable).
2. List of participating dealers (if applicable).
3. Preventive maintenance (if applicable).

22a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants).

22b. If applicable, indicate that Section 508 compliance information is available on Electronic and Information Technology (EIT) supplies and services and show where full details can be found (e.g., contractor’s website or other location.) The EIT standards can be found at: www.Section508.gov/.

1. Unique Identifier (UEI) number.
2. Notification regarding registration in System for Award Management (SAM) database.
1. Amendments to Federal Supply Schedule Price Lists must include on the cover page the same information as the basic document plus the title "Supplement No. (sequentially numbered)" and the effective date(s) of such supplements.
2. Accuracy of information and computation of prices is the responsibility of the Contractor.
3. Inclusion of incorrect information will cause the Contractor to resubmit/correct the Federal Supply Schedule Price List, and may constitute sufficient cause for Cancellation, applying the provisions of 552.212 4, Contract Terms and Conditions (paragraph (m), Termination for Cause), and application of any other remedies as provided by law—including monetary recovery.

End of Clause

Suggested Change of Name Agreement Format (FAR 42.1205) Change-of-Name Agreement

The ABC Corporation (Contractor), a corporation duly organized and existing under the laws of

[insert State], and the United States of America (Government), enter into this Agreement as of [insert date when the change of name became effective under applicable State law].

1. The parties agree to the following facts:
1. The Government, represented by various Contracting Officers of the [insert name(s) of agency(ies)], has entered into certain contracts and purchase orders with the XYZ Corporation, namely: [insert contract or purchase order identifications]; [or delete “namely” and insert “as shown in the attached list marked “Exhibit A’’ and incorporated in this Agreement by reference.’’]. The term “the contracts,” as used in this Agreement, means the above contracts and purchase orders and all other contracts and purchase orders, including all modifications, made by the Government and the Contractor before the effective date of this Agreement (whether performance and payment have

been completed and releases executed if the Government or the Contractor has any remaining rights, duties, or obligations under these contracts and purchase orders).

1. The XYZ Corporation, by an amendment to its certificate of incorporation, dated

20_, has changed its corporate name to ABC Corporation.

1. This amendment accomplishes a change of corporate name only and all rights and obligations of the Government and of the Contractor under the contracts are unaffected by this change.
2. Documentary evidence of this change of corporate name has been filed with the Government.
3. In consideration of these facts, the parties agree that --
1. The contracts covered by this Agreement are amended by substituting the name “ABC Corporation” for the name “XYZ Corporation” wherever it appears in the contracts; and
2. Each party has executed this Agreement as of the day and year first above written.

United States of America,

By

Title

Suggested Novation Agreement Format (FAR 42.1204(i)) Novation Agreement

The ABC Corporation (Transferor), a corporation duly organized and existing under the laws of

[insert State] with its principal office in [insert city]; the XYZ Corporation (Transferee), [if appropriate add “formerly known as the EFG Corporation”] a corporation duly organized and existing under the laws of [insert State] with its principal office in [insert city]; and the United States of America (Government) enter into this Agreement as of [insert the date transfer of assets became effective under applicable State law].

1. The parties agree to the following facts:
1. The Government, represented by various Contracting Officers of the [insert name(s) of agency(ies)], has entered into certain contracts with the Transferor, namely:

[insert contract or purchase order identifications]; [or delete “namely” and insert “as shown in the attached list marked `Exhibit A’ and incorporated in this Agreement by reference.’’]. The term “the contracts,” as used in this Agreement, means the above contracts and purchase orders and all other contracts and purchase orders, including all modifications, made between the Government and the Transferor before the effective date of this Agreement (whether performance and payment have been completed and releases executed if the Government or the Transferor has any remaining rights, duties, or obligations under these contracts and purchase orders). Included in the term “the contracts” are also all modifications made under the terms and conditions of these contracts and purchase orders between the Government and the Transferee, on or after the effective date of this Agreement.

1. As of , 20 , the Transferor has transferred to the Transferee all the assets of the Transferor by virtue of a [insert term descriptive of the legal transaction involved] between the Transferor and the Transferee.
2. The Transferee has acquired all the assets of the Transferor by virtue of the above transfer.
3. The Transferee has assumed all obligations and liabilities of the Transferor under the contracts by virtue of the above transfer.
4. The Transferee is in a position to fully perform all obligations that may exist under the contracts.
5. It is consistent with the Government’s interest to recognize the Transferee as the successor party to the contracts.
6. Evidence of the above transfer has been filed with the Government.

[When a change of name is also involved; e.g., a prior or concurrent change of the Transferee’s name, an appropriate statement shall be inserted (see example in paragraph (8) below)].

1. A certificate dated , 20 , signed by the Secretary of State of [insert State], to the effect that the corporate name of EFG Corporation was changed to XYZ Corporation on , 20 , has been filed with the Government.
2. In consideration of these facts, the parties agree that by this Agreement --
1. The Transferor confirms the transfer to the Transferee and waives any claims and rights against the Government that it now has or may have in the future in connection with the contracts.
2. The Transferee agrees to be bound by and to perform each contract in accordance with the conditions contained in the contracts. The Transferee also assumes all obligations and liabilities of, and all claims against, the Transferor under the contracts as if the Transferee were the original party to the contracts.
3. The Transferee ratifies all previous actions taken by the Transferor with respect to the contracts, with the same force and effect as if the action had been taken by the Transferee.
4. The Government recognizes the Transferee as the Transferor’s successor in interest in and to the contracts. The Transferee by this Agreement becomes entitled to all rights, titles, and interests of the Transferor in and to the contracts as if the Transferee were the original party to the contracts. Following the effective date of this Agreement, the term “Contractor,” as used in the contracts, shall refer to the Transferee.
5. Except as expressly provided in this Agreement, nothing in it shall be construed as a waiver of any rights of the Government against the Transferor.
6. All payments and reimbursements previously made by the Government to the Transferor, and all other previous actions taken by the Government under the contracts, shall be considered to have discharged those parts of the Government’s obligations under the contracts. All payments and reimbursements made by the Government after the date of this Agreement in the name of or to the Transferor shall have the same force and effect as if made to the Transferee and shall constitute a complete discharge of the Government’s obligations under the contracts, to the extent of the amounts paid or reimbursed.
7. The Transferor and the Transferee agree that the Government is not obligated to pay or reimburse either of them for, or otherwise give effect to, any costs, taxes, or other expenses, or any related increases, directly or indirectly arising out of or resulting from the transfer or this Agreement, other than those that the Government in the absence of this transfer or Agreement would have been obligated to pay or reimburse under the terms of the contracts.
8. The Transferor guarantees payment of all liabilities and the performance of all obligations that the Transferee --
1. Assumes under this Agreement; or
2. May undertake in the future should these contracts be modified under their terms and conditions. The Transferor waives notice of, and consents to, any such future modifications.
9. The contracts shall remain in full force and effect, except as modified by this Agreement. Each party has executed this Agreement as of the day and year first above written.

United States of America,

By Title

ABC Corporation,

By

Title

[Corporate Seal]

76

XYZ Corporation,

By Title [Corporate Seal]

Certificate

I, , certify that I am the Secretary of ABC Corporation; that , who signed this Agreement for this corporation, was then of this corporation; and that this Agreement was duly signed for and on behalf of this corporation by authority of its governing body and within the scope of its corporate powers. Witness my hand and the seal of this corporation this day of 20

By

[Corporate Seal]

CERTIFICATE

I, , certify that I am the Secretary of XYZ Corporation; that , who signed this Agreement for this corporation, was then of this corporation; and that this

Agreement was duly signed for and on behalf of this corporation by authority of its governing body and within the scope of its corporate powers. Witness my hand and the seal of this corporation this day of 20

By

[Corporate Seal]

END OF TEMPLATE

Request to Hold Continuous Contracts

Instruction: Complete and include this form with your offer or modification request if requesting to hold continuous Multiple Award Schedule (MAS) contracts in order to complete work under active submitted quote(s)/established Blanket Purchase Agreements (BPA) under an existing MAS contract. Holding continuous MAS contracts means GSA will allow a contractor to hold two MAS contracts, under a single Unique Entity Identifier (UEI), with one or more of the same Special Item Numbers (SINs) for a period of time.

Offeror/contractor confirms the following:

❏ Offeror has reviewed SCP-FSS-001, paragraph (e)(1-3) and confirms it is eligible to submit a streamlined offer

OR

❏ Contractor is submitting a MAS Consolidation Phase 3 “Add SIN” modification request to consolidate its individual Non-Surviving2 MAS contracts to a Surviving MAS contract in accordance with the modification guidance posted on the GSA.gov page, ‘Contract Requirements and Modification Guidance’

Offeror/contractor has MAS contracts that are currently being audited by the GSA Office of Inspector General (OIG) (or has been notified that a MAS contract has been selected for an OIG audit).

❏ Yes (please identify affected contract numbers):

❏ No

2 Surviving MAS means the existing MAS contract that a contractor is proposing to modify to encompass all of its MAS products, services and solutions on a go-forward basis. Once the Surviving MAS contract is

identified, the contractor should begin to transition its MAS products/services/solutions to the surviving contract via the submission of one or more “Add SIN” modifications after consulting with their PCO.

Non-Surviving MAS means the existing MAS contract that is either cancelled in accordance with GSAR 552.238-79, Cancellation when the new contract is awarded or the “Add SIN” modification to the Surviving MAS is executed OR is allowed to remain active for a defined period of time to accommodate order-level requirements prior to being cancelled or allowed to expire.

Offeror/contractor wishes to hold continuous contracts and is listing all active submitted quotes, established BPAs and awarded orders under its existing or Non-Surviving contract below:

*For active submitted quotes, enter, ‘pending award decision’.

The existing or Non-Surviving MAS is to be cancelled the day after the final day of the ordering period for the active BPA. In situations where multiple BPAs are active, the cancellation date should be based on the last remaining BPA or order.

❏ Offeror/contractor proposes the existing (Non-Surviving) MAS be cancelled on enter date.

❏ Offeror/contractor affirms it is prohibited from using its existing or Non-Surviving contract(s) or SINs on Non-Surviving contracts to compete for new BPAs and/or new orders as of the effective date of the new contract award/modification. Note: a contractor is not prohibited from using its existing or Non-Surviving MAS to compete for orders to be placed under an existing BPA - this would be considered a BPA order, not a "new order."

❏ Offeror/contractor acknowledges it is capable of meeting all contractual requirements under both contracts to include requirements regarding minimum sales, small business subcontracting plans, sales reporting, Industrial Funding Fee remittance, and FSS price lists.

❏ Offeror/contractor acknowledges it will update its’ FSS price list on GSA Advantage within 30 calendar days of contract/modification award to include the following statement in the catalog for its’ Non-Surviving MAS contract:

[Non-Surviving Contract number] is listed here for reference purposes only and is replaced by [Follow on/Surviving Contract number]. [Non-Surviving Contract number] is only to be used for active submitted quote(s)/BPAs awarded prior to or pending an award decision as of [follow on contract award/Surviving MAS mod date]. All new quote(s)/BPAs MUST be awarded against the contractor’s new MAS contract [Follow on/Surviving Contract number].

The following additional items apply to ‘Add SIN’ modification requests:

❏ Contractor agrees to submit a modification request to cancel the Non-Surviving MAS when it is no longer needed to support existing/active orders

❏ Contractor agrees to coordinate with the MAS PCO prior to beginning the transition of awarded items from the Non-Surviving MAS to the Surviving MAS.

END OF TEMPLATE

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