[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15223]


[[Page Unknown]]

[Federal Register: June 23, 1994]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 546 and 552

[GSAR Notice 5-380]
RIN: 3090-AF45

 

General Service Administration Acquisition Regulation; Warranty 
Clause for Multiple Award Schedule Contracts

AGENCY: Office of Acquisition Policy, GSA.

ACTION: Proposed rule.

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SUMMARY: This notice invites written comments on a proposed change to 
the General Services Administration Acquisition Regulation (GSAR) that 
would revise section 546.704 to provide guidance to contracting 
officers concerning the use of warranties in multiple award schedule 
(MAS) solicitations and resultant contracts; revise section 546.710 to 
eliminate the parenthetical reference to international schedules and to 
delete paragraph (c); revise the text of the Warranty-Multiple Award 
Schedule clause at 552.246-73 to provide for greater consistency with 
the MAS policy of buying commercial products under commercial 
conditions, and to delete section 552.246-74 which is no longer 
necessary.

DATES: Comments are due in writing on or before August 22, 1994.

ADDRESSES: Comments should be submitted to Marjorie Ashby, Office of 
GSA Acquisition Policy (VP), 18th and F Streets, NW, Room 4006, 
Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT:
Lorraine Randolph, Office of GSA Acquisition Policy, (202) 501-1224.

SUPPLEMENTARY INFORMATION:

A. Executive Order 12866

    This rule was not submitted to the Office of Management and Budget 
because it is not considered a significant regulatory action as defined 
in Section 3 of Executive Order 12866.

B. Regulatory Flexibility Act

    The proposed rule does not appear to have a significant negative 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The proposed change 
will have a positive impact because it establishes a policy of relying 
on standard commercial warranties rather than establishing Government 
unique warranty provisions. Therefore, an initial regulatory 
flexibility analysis has not been performed. Comments from small 
entities concerning the affected GSAR sections will be considered in 
accordance with section 610 of the Act.

C. Paperwork Reduction Act

    This proposed rule does not contain any recordkeeping or 
information collection requirements that require the approval of OMB 
under 44 U.S.C. 3501 et seq.

List of Subjects in 48 CFR Parts 546 and 552

    Government procurement.

    It is proposed that 48 CFR Parts 546 and 552 be amended to read as 
follows:

PARTS 546 AND 552--[AMENDED]

    1. The authority citation for 48 CFR Parts 546 and 552 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c).

    2. Section 546.704 is revised to read as follows:


546.704  Authority for Use of Warranties.

    (a) The contracting officer shall consider the criteria in FAR 
46.703 and decide whether to use a warranty in a specific acquisition.
    (b) For multiple award schedules, the decision on the inclusion and 
scope of warranties should normally be consistent with commercial 
practice. The contracting officer may require enhancements to the 
commercial warranty where the commercial warranty does not adequately 
protect the Government or to meet specific needs of customer agencies, 
either on an agency by agency or Governmentwide basis. The contractor's 
warranty with any applicable enhancements is to be incorporated into 
the contract award document with the terms fully and accurately 
described in the Government Price List.
    3. Section 546.710 is amended by revising paragraph (a)(1), 
revising paragraph (b), removing paragraph (c) and redesignating 
paragraphs (d) and (e) as paragraphs (c) and (d), respectively to read 
as follows:


546.710  Contract Clauses.

    (a)(1) The contracting officer shall insert the clause at 552.246-
17, Warranty of Supplies of a Noncomplex Nature, or applicable 
alternate in solicitations and contracts (except multiple award 
schedule contracts) instead of the FAR clause at 52.246-17 or 
applicable alternate.
* * * * *
    (b) The contracting officer shall insert the clause at 552.246-73, 
Warranty--Multiple Award Schedule, in solicitations and multiple award 
schedule contracts.
    (c) The contracting officer shall insert the clause at 552.246-76, 
Warranty of Pesticides, in solicitations and contracts involving the 
procurement of pesticides.
    (d) The contracting officer shall insert the clause at 552.246-75, 
Guarantees, in solicitations and contracts for construction when the 
contract amount is expected to exceed the small purchase limitation.
    4. Section 552.246-73 is revised to read as follows:


552.246-73  Warranty--Multiple Award Schedule.

    As prescribed in 546.710(b), insert the following clause:

Warranty--Multiple Award Schedule (XXX 1994)

    Except as expressly set forth in writing in this contract and 
except for the implied warranty of merchantability, which shall 
apply, the Contractor's standard commercial warranty offered to 
commercial customers shall apply to this contract.

(End of Clause)
    Dated: June 10, 1994.

    5. Section 552.246-74 is removed.

552.246-74  [Removed]

Arthur E. Ronkovic,
Acting Associate Administrator for Acquisition Policy.
[FR Doc. 94-15223 Filed 6-22-94; 8:45 am]
BILLING CODE 6820-61-M