Considering the Trump administration’s procurement streamlining efforts, now is the time to revisit the concept of evergreen contracting (evergreen) under the General Services Administration’s (GSA) Multiple Award Schedule (MAS) program. Evergreen contracting will reduce redundant paperwork requirements and further streamline contract management. Currently, MAS contracts consist of a five-year base period followed by three five-year options. At the end of this 20-year period, MAS contractors are required to submit new offerors and negotiate new contract terms and conditions with GSA.
However, in the context of the MAS program, once a firm has a MAS contract, the submission of a new offer becomes a redundant paperwork exercise that diverts GSA’s and the contractor’s time and resources from the ongoing management of existing contracts. Evergreen discards the 20-year contract term limit, allowing MAS contracts to remain in place with no time limit, subject to continuous five-year option periods. Evergreen is not restrictive on time. Rather, it creates stability and focuses on performance.
Given the unique statutory authority for, and regulatory structure of, the MAS program, evergreen is a common sense procurement measure that would reduce costs, limit paperwork, and save time for GSA and its industry partners. It is also a commercial practice. Under the MAS program, the standing MAS contracts are living documents. GSA periodically updates the MAS contracts through modifications to “refresh” the contract terms and conditions. In turn, contractors propose modifications to add or delete commercial products and/or services, refresh commercial terms, and update commercial pricing. And size and socioeconomic status recertification is already required before each option period.
Underpinning the living MAS contracts are the competitive ordering procedures that ensure market-driven value, price, and innovation for customer agencies. Evergreen will enhance the stability of this competitive dynamic, ensuring orders and Blanket Purchase Agreements (BPAs) are not otherwise limited due to a limited contract term. Customer agencies are currently being deprived of their best value BPA selection because of the MAS temporal limitation. More important, evergreen makes a strong statement regarding the stability of the MAS marketplace, providing continuous, uninterrupted access to the commercial supply chain for customer agencies.
Evergreen also protects the public fisc as the MAS contract terms provide GSA with the unilateral right to exercise each five-year option period, consistent with the best interests of the government. The decision to exercise the five-year option provides GSA with the opportunity to review contractor performance to ensure it is in the best interests of the government to continue with the contract. It is a timely, standard measuring point for both GSA and MAS contractors, which can be adjusted to provide a longer option period, as appropriate. Moreover, all MAS contracts include a cancellation clause that provides both parties with the ability to cancel the contract upon 30 days’ notice. This cancellation clause, along with the other standard commercial item termination provisions, adequately protects the public interest.
The ongoing efforts at GSA and the Office of Management of Budget to streamline processes and reduce regulatory burdens present a timely opportunity to implement evergreen across the MAS program. Doing so will eliminate redundant paperwork, save time, and reduce administrative costs for the government and its industry partners. The opportunity is here, the time is now.
The post FAR & Beyond: A timely opportunity for evergreen MAS contracts! first appeared on Federal News Network.