GSA Modification and Related Update on COVID 19 Pandemic

GSA issues policy to temporarily allow non-TAA compliant products under MAS contracts or GSA Modifications for select Federal Supply Classes (FSCs)

 
In response to the COVID-19 pandemic, demand for certain critical and essential supply items have increased exponentially. At this time, suppliers are unable to support the demand with Trade Agreement Act (TAA) compliant products.

To address the increased need and support our stakeholders, the GSA Senior Procurement Executive (SPE) has issued a Class Determination and Findings (D&F) citing non-availability as the basis for temporarily allowing the procurement of non-TAA compliant products under Federal Supply Schedule (FSS) contracts (also known as Schedules) for certain Federal Supply Classes (FSCs) with GSA Modifications. These FSC groups are subject to change. Prior to submitting a modification, please refer to the SPE memo for the most up to date FSC groups and time frame for offering goods.

The following documents include mandatory instructions and templates that contractors must use when submitting a modification to temporarily add non-TAA compliant products to a MAS contract with GSA Modifications:

  • Instructions for MAS Contractors [PDF - 54 KB]
  • Price Proposal Template [XLSX - 54 KB]
  • Modification Request Letter Template to Add TAA Non-Compliant Products [DOCX - 21 KB]
  • Frequently Asked Questions on TAA Exception [PDF - 202 KB]

GSA issues policy to temporarily allow awarding Essentially the Same (ETS) products under Federal Supply Schedule (FSS) Contracts Pursuant to AbilityOne Purchase Exceptions for COVID-19 Response Critical products

Pursuant to FAR 8.002, Priorities for Use of Mandatory Government Sources, Federal customers must purchase products listed on the AbilityOne (AB1) Procurement List (PL) from AB1 nonprofit agencies (NPAs). Due to the COVID-19 pandemic, demand for certain critical and essential supply products with GSA Modifications which are listed on the PL have increased to the point that AB1 NPAs are not able to meet the demand for these National Stock Numbers (NSNs). To address the increased demand for select NSNs, GSA requested and received Procurement Exceptions (PEs) from AB1 in accordance with FAR 8.706 Exceptions are outlined in the Senior Procurement Executive (SPE) Memo 2020-10, Purchase Exceptions From the AbilityOne Program in Response to COVID-19, issued April 29, 2020 and SPE Memo 2020-10 Supplement #1, issued May 28th, 2020.

 
GSA FAS has temporarily provided an allowance for awarding Essentially the Same (ETS) products under Federal Supply Schedule (FSS), commonly known as Multiple Award Schedules or MAS with GSA Modifications, Contracts Pursuant to AB1PEs for GSA’s purchase of identified COVID-19 Response Critical products. Other ordering agencies (non-GSA) must pursue their own PEs and follow the procedures in FAR 8.706, Purchase Exceptions when ordering off of FSS Schedules. (Information source: https://www.gsa.gov/)

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