On October 5, 2026, the General Services Administration (GSA) Federal Acquisition Service previewed its plan to issue Multiple Award Schedule (MAS) Refresh 34 in November 2026. The announcement of Refresh 34 comes just days after the release of Refresh 33, which had previously been delayed to ensure appropriate integration of relevant updates. Like Refresh 33, Refresh 34 would be incorporated into existing contracts via mass modification, which current contract holders must accept within 90 days after issuance in order to continue offering products and services on the MAS. Refresh 34 and the corresponding mass modification would make several significant changes that MAS offerors and contractors should be tracking.
New Artificial Intelligence Clause
First, Refresh 34 would implement the revised version of GSA’s new artificial intelligence class deviation, which governs the acquisition of a “system where [Large Language Model] LLM functionality is a material feature and Government Data will be submitted directly to or produced by the LLM.” See GSAR 552.239-7001(a) (Deviation). GSA issued this class deviation in connection with the Revolutionary FAR Overhaul,[1] and it has undergone substantive revisions since the original draft version proposed earlier this year. The class deviation is set to take effect on October 19, 2026.
In its current form, the clause would require contractors to implement controls addressing Government Data submitted to or created by an LLM. Among other obligations, contractors would be required to disclose LLMs used in contract performance to process Government Data, configure the systems to comply with specified data-use procedures and safeguards, provide means to implement human oversight, and comply with notification requirements relating to both security incidents and violations of the clause. See GSAR 552.239-7001(f), (j). The clause also addresses ownership and licensing of data inputs, outputs, and background intellectual property covered by the clause; limits the use of Government Data for activities such as model training or fine-tuning; and prohibits certain forms of foreign control over an LLM’s “performance, operations, or protections[.]” See GSAR 552.239-7001(e), (f), (j) (Deviation).
Notably, this clause does not apply when LLM use is limited to back-office or other internal contractor systems that only incidentally process Government Data and does not apply where LLM functionality is incidental or ancillary to the commercial product or service being procured. See GSAR 552.239-7001(a) (Deviation); see also GSAR 539.71(b) (Deviation).
The clause requires flowdown to applicable subcontractors “to the extent such entity collects, processes, stores, retains, trains on, fine-tunes on, or otherwise handles Government Data[,]” though the provisions of the clause governing “origin, ownership, jurisdiction, or foreign control” need not be flowed down in all cases. See GSAR 552.239-7001(a)(2). The clause also imposes a requirement to “conduct due diligence when selecting and overseeing” relevant subcontractor performance. See GSAR 552.239-7001(d) (Deviation).
Because the clause generally applies only when LLM functionality is a material feature and Government Data will be submitted directly to or produced by the LLM, current and prospective MAS contractors should start by evaluating whether their offerings fall within its scope, or whether a relevant exception applies. Contractors that expect to be subject to the clause are well advised to carefully study its requirements and update applicable internal compliance and flowdown frameworks to ensure they are prepared to comply.
Second, Refresh 34 would incorporate a class deviation setting forth a new clause allowing – but not requiring – Federal Supply Schedule (FSS) offerors and contractors to certify that listed products “are FSS domestic end products.”[2] See GSAR 552.238-130 (Deviation).
GSA has explained the class deviation is meant to carry out President Trump’s “efforts to root out fraud, waste, and abuse in federal procurement, and to protect American consumers (including the Federal Government) against fraudulent American-origin claims,” as articulated in Executive Order 14392, “Ensuring Truthful Advertising of Products Claiming to be Made in America,” which we previously covered here. GSA goes on to clarify that the deviation “does not waive or modify the Trade Agreements Act of 1979 (19 U.S.C. 2501, et. seq.) nor any applicable trade agreement to which the United States is a signatory.” This language introduces potential uncertainty as to the purposes and potential benefit of a U.S.-made certification where the relevant product is a qualifying country end product under the Trade Agreement Act.
Notably, Refresh 33 also addressed sourcing matters. It implemented a new deviation provision and clause aimed at strengthening supply chain security,[3] and a class deviation removing the exception to Trade Agreements Act applicability for certain federal programs making the application of the TAA more uniform in GSA acquisitions.
Other Changes and Next Steps
The Refresh 34 notification also announces that “GSA intends to move toward removing items from MAS contracts that fall within the scope of [the Department of Homeland Security (DHS)]’s Best-in-Class [Personal Protective Equipment (PPE)] Safety Stock contract for domestically manufactured nitrile gloves,” in an effort to support “consolidation of federal demand and a stronger domestic PPE supply chain.” See GSA Notification, Significant Changes for the GSA Multiple Award Schedule (MAS) Solicitation. DHS’s Safety Stock contract is an indefinite delivery indefinite quantity vehicle dating back to April of 2022, which supports the “pandemic and operational needs of DHS Components.” See DHS Memorandum, PPE Safety Stock. GSA has indicated that it plans to “engage directly with affected contractors” and consider their feedback “before proceeding with removal” of relevant items from the MAS. See GSA Notification, Significant Changes for the GSA Multiple Award Schedule (MAS) Solicitation.
In addition, Refresh 34 would incorporate certain “modernization efforts,” including implementing a class deviation removing the limit on the number of five-year option extensions that GSA may exercise. See GSAR 552.238-116 (Deviation).
It is important to note that the changes GSA has planned for Refresh 34, and the corresponding mass modification, are currently in draft form and are subject to change, including – among other reasons – to account for comments from industry. As such, schedule contractors and offerors should carefully assess the final version of the refreshed solicitation, once issued, to ensure they are tracking all relevant substantive changes at that time. In the meantime, interested members of the public may attend a webinar covering the anticipated changes, set to take place on October 26, 2026.
[1] GSA has explained that “[a]s with the FAR Overhaul, changes to the GSAR initially will be accomplished as deviations. Formal rule making will follow including a full notice and comment period.”
[2] The background to this class deviation explains: “‘FSS domestic end products’ is a new term. It covers items which are both manufactured in the United States and also meet certain minimum amounts of American made or sourced components.” The term is defined in the class deviation itself. See GSAR 552.238-130(a) (Deviation). In addition, GSA explains that it is “seeking clearance from OMB for information collections related to GSAR 552.238-130. Until clearance is received, contractors and offers may offer this certification, but GSA will not enforce compliance with clause requirements and or share the information received.”
[3] A July 2026 flyer updating the acquisition community on the provision and clause cautioned that “[i]f [supply chain] risks cannot be mitigated, GSA Contracting Officers have the authority to remove specific products, decline performance extensions, cancel or terminate contracts.”