GSA Mass Modifications
by Brandon Graves, Partner
GSA, GSA Alerts
GSA Schedule holders have a long-term contract with the government; if all option periods are exercised, 20 years long. Circumstances are bound to change over this length of time, and GSA addresses these changes through mass modifications, often referred to as mass mods, which are not to be confused with MAS mods.
GSA uses mass mods to address any change in policy that requires a change in contract terms. For instance, when the 2019 NDAA prevented the government from purchasing products and services from certain Chinese telecom companies, GSA issued a mass mod to implement the change. Likewise, the vaccine mandate required several mass mods to implement, and will require several more as challenges work their way through the courts. Not all those modifications changed the actual contract clauses; in one instance, GSA merely updated a comment on a clause.
Mass mods are for clauses that the government can’t impose unilaterally, but that doesn’t mean they are optional. GSA schedule holders that do not accept mass mods within the allotted time can be removed from GSA’s catalog.
Recently, GSA has issued mass mods at a rapid pace: 3 in the last month or so. In fact, it appeared that some GSA systems were unavailable for a brief time because of the pace of mods. Some of these mods are significant, while others less so. Some benefit schedule holders, while others do not. It is important for schedule holders to review mass mods early and ensure that they have the time necessary to comply with any required changes before the deadline.
Change at GSA will continue at its rapid pace. We are still working through consolidation, the courts are still reviewing the vaccine mandate, GSA has changes it needs to make based on internal pressures, and international events are uncertain. All of these can drive GSA to issue mass mods, and none look to let up any time soon.
GSA Schedule holders should have a system for addressing mass mods, or at least an experienced partner to help them deal with the disruption those mods can cause.