[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Rules and Regulations]
[Pages 44518-44525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22144]



[[Page 44517]]

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Part II





General Services Administration





_______________________________________________________________________



48 CFR Part 504, et al.



GSA Acquisition Regulations; Acquisition of Commercial Items and Small 
Entity Compliance Guide; Final Rules

  Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / 
Rules and Regulations  

[[Page 44518]]



GENERAL SERVICES ADMINISTRATION

48 CFR Parts 504, 507, 510, 511, 512, 514, 515, 538, 539, 543, 546, 
552, and 570

[APD 2800.12A, CHGE 76]
RIN 3090-AF86


General Services Administration Acquisition Regulation; 
Acquisition of Commercial Items

AGENCY: Office of Acquisition Policy, GSA.

ACTION: Interim rule adopted as final with changes.

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SUMMARY: On February 16, 1996, GSA published an interim rule revising 
the General Services Administration Acquisition Regulation (GSAR) to 
implement Items I and III of Federal Acquisition Circular 90-32 which 
amended the Federal Acquisition Regulation (FAR) to implement the 
portions of the Federal Acquisition Streamlining Act of 1994 (Pub. L. 
103-355) dealing with the Truth in Negotiations Act and with the 
acquisition of commercial items (61 FR 6164 and corrections published 
at 61 FR 10846 and 61 FR 14032). The interim rule revised the GSAR to 
conform to the FAR as revised by FAC 90-32 and to implement portions of 
the FAR where necessary to provide agency procedures. The interim rule 
also canceled the Multiple Award Schedule (MAS) Policy Statement of 
October 1, 1982 (47 FR 50242, November 5, 1982). This final rule 
modifies certain portions of the interim rule and adopts the balance of 
rule as final.

DATES: Effective Date: August 21, 1997. Applicability Date: For 
solicitations issued on or after August 21, 1997, use of the new 
policies, provisions and clauses is optional for solicitations issued 
before December 19, 1997, and mandatory for solicitations issued on or 
after December 19, 1997. (See SUPPLEMENTARY INFORMATION for further 
guidance.)

FOR FURTHER INFORMATION CONTACT: Al Matera, Office of Acquisition 
Policy, (202) 501-1224.

SUPPLEMENTARY INFORMATION: All new solicitations for commercial items 
and open season solicitations issued under the multiple award schedule 
program after August 21, 1997 may use the policies, provisions and 
clauses in this final rule on an optional basis and solicitations 
issued on or after December 19, 1997 shall conform to this final rule. 
To the maximum extent practical, solicitations for commercial items and 
open season solicitations, that have been issued but where no contract 
has been awarded shall be amended to conform to this final rule. 
However, offerors shall not be required to resubmit information on 
commercial sales practices and any requests for additional information 
shall be limited to the minimum needed. Existing MAS contracts that 
will expire more than three (3) years after the effective date of this 
rule shall be modified to conform to the requirements of this final 
rule.

A. Background

    Recently, GSA has made a number of changes in the MAS program. This 
final rule represents a continuation of GSA's efforts to reinvent the 
MAS program in order to move the program to a future environment of 
greater use of commercial practices, increased competition, and greater 
responsibility for making smart buying decisions within the framework 
of the MAS program by contracting personnel at the front-line closest 
to the need. In moving toward this new environment, GSA is continuing 
to promote policies regarding the solicitation, award, and 
administration of MAS contracts that will allow GSA to continue to use 
the collective leverage of the Federal Government to set up MAS 
contracts, that will be easy for our customers to use and that will 
provide a wide variety of quality supplies and services at competitive 
prices.
    GSA initiated this rule in order to simplify and streamline the 
process for awarding and administering MAS contracts and to bring GSA's 
policies and procedures for the MAS program in line with the Federal 
Acquisition Regulation (FAR) as amended to implement the Federal 
Acquisition Streamlining Act of 1994 and the Clinger-Cohen Act of 1996.
    This final rule makes changes in the program by:
    (1) Reducing the information/data required of offerors seeking to 
obtain MAS contracts and focusing whenever possible on the offeror's 
written pricing policies, or standard commercial sales practices if the 
offeror has no written policies, instead of on transactional sales 
data.
    (2) Emphasizing the use of pre-award audits of information 
submitted in support of price negotiations and expressly limiting the 
contractual right to conduct post-award audits of proposal information.
    (3) Eliminating requirements for offerors to certify sales data as 
current, accurate and complete while putting offerors on notice of the 
Government's expectations for data submissions.
    (4) Maintaining the Government's ability to make price adjustments 
so that, in the event the Government learns that inaccurate, not 
current or incomplete information was submitted, the Government will 
have a contractual remedy to recover any overcharges.
    (5) Maintaining a post-award audit provision for monitoring 
compliance with specific contract provisions such as the Price 
Reduction clause, the Industrial Funding Fee clause and for 
overbillings.
    GSA's Office of Acquisition Policy will continue to work with 
procurement officials in GSA's Federal Supply Service and the 
Department of Veterans Affairs (VA) and the Inspectors General of GSA 
and VA to ensure that contracting personnel and contract auditors fully 
understand the new rules, work together to protect the Government's 
interests, and put the new policies into effective operation.
    Contractors and prospective contractors have long expressed their 
view that their participation in the Multiple Award Schedule (MAS) 
Program is hampered by rules they believe are unduly burdensome and 
difficult to implement. GSA believes that by making the changes 
embodied in this final rule it has removed many of the barriers to 
participation or full participation by both large and small business 
concerns, including small disadvantaged and women-owned small business 
concerns. By employing procedures that are more consistent with 
commercial practice, GSA expects to increase competition and thereby 
provide a wider range of choices at competitive prices to customer 
agencies.
    On February 16, 1996, GSA published an interim rule revising the 
GSAR to implement Items I and III of Federal Acquisition Circular 90-32 
which amended the FAR to implement the portions of the Federal 
Acquisition Streamlining Act of 1994 (Pub. L. 103-355) dealing with the 
Truth in Negotiations Act and with the acquisition of commercial items 
(61 FR 6164). The interim rule revised the GSAR to conform to the FAR 
as revised by FAC 90-32 and to implement portions of the FAR where 
necessary to provide agency procedures. The interim rule also canceled 
the Multiple Award Schedule (MAS) Policy Statement of October 1, 1982 
(47 FR 50242, November 5, 1982).
    On September 4, 1996, a notice was published in the Federal 
Register to familiarize the public with the status of finalizing the 
interim rule. The notice also extended the period for public

[[Page 44519]]

comment and provided notification of a public meeting to be held 
September 19, 1996. GSA provided the public commentors with the 
proposed final rule, a line-in-line out of the interim rule to 
illustrate the specific changes reflected in the final rule, the 
reconciliation of public comments, and an option paper that discussed 
the options being considered on the issue of post-award audit rights 
relating to information other than cost and pricing data submitted in 
connection with the contract or modification. GSA made revisions to the 
interim rule to address public comments and to take into account the 
enactment of the Federal Acquisition Reform Act of 1996 (renamed the 
Clinger-Cohen Act). Others in the public who did not comment during the 
public comment period were invited to request a copy of the 
information.
    Comments on the interim rule were received from the American Bar 
Association (ABA), AT&T, Canon U.S.A., Inc., the Coalition for 
Government Procurement (CGP), the Council of Defense and Space Industry 
Associations (CODSIA), the Department of Justice (DOJ), the Department 
of Veterans Affairs (VA), the Federal Bar Association (FBA), Federal 
Schedules Incorporated, Hewlett Packard (HP), the Information 
Technology Association of America (ITAA), the Information Technology 
Industry Council (ITI), the Office of Inspector General for GSA, the 
Square D Company, and the Xerox Corp.
    The major issues raised and GSA's resolution of those issues are 
outlined below.

Most Favored Customer Pricing Goal

    Several commentors suggested that the negotiation objective of 
``most favored customer'' should be eliminated in favor of a goal of 
``fair and reasonable'' prices. The commentors indicated that GSA's 
pricing policy is inconsistent with the FAR and the goals of Congress 
and the Administration. They also assert that the most favored customer 
discount objective is inconsistent with FASA which defined fair and 
reasonable pricing as the objective for the Federal Government. 
Commentors argue that a fair and reasonable price does not have to be 
an offeror's most favored price and GSA's insistence on this policy 
runs counter to numerous actions that have been taken by Congress and 
the Administration. Industry commentors indicate that such a policy is 
not appropriate for an agency which has a history of pursuing civil 
fraud settlements and judgments. They suggest that as long as this 
policy remains, commercial companies must make a significant investment 
in risk aversion infrastructure.
    The final rule provides for GSA to continue to seek to obtain the 
offeror's best price (most favored customer) based on its evaluation of 
discounts, terms, conditions, and concessions offered to commercial 
customers for similar purchases.
    The suggestion that FASA created a new standard by referring to 
``fair and reasonable pricing'' is not accurate. A ``fair and 
reasonable'' price has long been the goal of the Federal procurement 
system and has been reflected in regulations for years. The pursuit of 
``most favored customer'' pricing as a goal is consistent with 
commercial practice and totally consistent with the objective of 
negotiating a fair and reasonable price. In fact, the GAO specifically 
recommended that the GSA Administrator ``amend MAS policies to clearly 
state that the price analysis GSA does to establish the Government's 
MAS negotiation objective should start with the best discount given to 
any of the vendor's customers but that GSA must consider legitimate 
differences in terms and conditions identified and valued by the 
offeror when negotiating the Government's MAS discount.'' (GAO/GGD-93-
123, Multiple Award Schedule Contracting, August 1993). The final rule 
is consistent with GAO's recommendation.
    GSA agrees that to be fair and reasonable a price does not have to 
be the offeror's most favored price and the final rule reflects that 
position. The final rule expressly states that the Government 
recognizes that the terms and conditions of commercial sales vary and 
that there may be legitimate reasons why the best price is not 
achieved. The final rule also states that the contracting officer may 
award a contract containing pricing which is less favorable than the 
best price the offeror extends to any commercial customer making 
similar purchases when the contracting officer determines that the 
prices offered to the Government are fair and reasonable even though 
comparable discounts were not negotiated, and award of a contract is 
otherwise in the best interest of the Government.
    GSA and its contracting officers have a fiduciary responsibility to 
the taxpayers and to customer agencies to take full advantage of the 
Government's leverage in the market in order to obtain the best price 
(most favored customer) based on an evaluation of discounts, terms, 
conditions and concessions offered to commercial customers for similar 
purchases.

Pricing Disclosure/Information Submission Requirements

    Industry commentors suggested the interim rule requires disclosures 
of singular transactions at lower prices than those offered the 
Government unless they involved erratic, ad hoc discounting. Commentors 
also found the provisions on ad hoc discounting to be confusing and 
subject to a wide range of interpretations. In addition, industry 
commentors suggested that the requirement to distinguish ad hoc 
discounts would require establishment of a database.
    In addition, some commentors suggested that the requirement to 
disclose information on discounts other than those given to commercial, 
large volume end user customers was inappropriate.
    Some commentors suggested the statement in the instructions for the 
Commercial Sales Practices Format, which indicated that GSA expects 
information submitted to be current, accurate, and complete, is an 
implied or constructive (de facto) certification.
    The interim rule has been revised to clarify GSA's intent to obtain 
information on the offeror's written pricing policies, or standard 
commercial sale practices if the offeror has no written policies, and a 
general explanation of the circumstances and frequency of deviations 
from those policies or standard practices. Generally, only in cases 
where the offeror is deviating from its policies or practices to such 
an extent that the policies or practices alone cannot be relied upon by 
the contracting officer to make a determination that the prices offered 
are fair and reasonable, will the contracting officer ask for 
transactional information. In cases where information is requested, the 
request will be targeted to limit the submission of sales data to that 
needed by the contacting officer to establish whether the price is fair 
and reasonable.
    In the final rule, the use of the terminology ``ad hoc 
discounting'' is eliminated. If the offeror deviates from its written 
discount policies or standard commercial sales practices, the offeror 
is requested to explain the circumstances surrounding the deviations 
and to explain how often the deviations occur. The offeror is also 
asked to describe the controls employed to assure the integrity of the 
offeror's pricing. Generally, only in cases where the offeror is 
deviating from its policies or practices to such an extent that the 
policies or practices alone cannot be relied upon by the contracting 
officer to make a determination that the prices

[[Page 44520]]

offered are fair and reasonable, will the contracting officer ask for 
transactional information.
    The final rule provides for GSA to continue to seek information on 
the customer(s) or category of customer(s) that receives the offeror's 
best discount as well as customers or categories of customers that 
receive better prices (discounts and concessions in any combination) 
than those offered to the Government. Contracting officers cannot 
negotiate the best price for MAS products and services unless they 
consider the discounts that MAS offerors give to their best customers. 
Discounts offerors give to dealers, distributors, and original 
equipment manufacturers (OEMs) should not be considered ``off limits'' 
simply because the Government does not perform certain functions that 
those types of customers perform. GSA believes that an offeror's best 
discount should generally be the starting point of the price analysis 
GSA uses to establish the Government's MAS negotiation objective. GSA, 
however, recognizes the need to consider legitimate differences in the 
terms and conditions of sale between the Government's MAS purchases and 
vendor's other customers.
    The final rule maintains the statement regarding GSA's expectation 
of receiving current, accurate, and complete data. GSA does not view a 
statement putting offeror/contractors on notice of its expectations as 
a de facto certification.

Post-Award Audit Rights

    Industry commentors vigorously opposed the portions of GSA's 
interim rule and proposed final rule made available in August 1996 
which maintained authority for post-award audits of data provided in 
support of price negotiations prior to award or contract modification. 
The commentors argued that the post-award access to pre-award data 
presented to support price negotiations is directly in conflict with 
the intent of Congress as contained in the Federal Acquisition Reform 
Act of 1996 (FARA) (renamed the Clinger-Cohen Act of 1996). In 
addition, industry commentors suggested that it is not a commercial 
practice to allow post-award audits of information provided during 
negotiations concerning pricing. Contractors have also expressed the 
view that the MAS contracts provide a relatively low profit margin and 
make it difficult for contractors to justify the investment in 
infrastructure required.
    On the other hand, the Department of Justice (DOJ), GSA and VA 
Inspectors General (IG's) argued for retention of the post-award audit 
rights for data provided in support of price negotiations prior to 
award or contract modification. DOJ and the IGs believe that retention 
of the post-award audit is necessary to protect the Government from 
fraudulent and inaccurate disclosures.
    Some comments also were received on the post-award compliance audit 
rights. The Information Technology Association of America indicated 
that they agree that GSA needs to have access to records to determine 
compliance with the administration of the contract; i.e., price 
reductions, billing, etc. The Coalition for Government Procurement 
expressed a willingness to work with GSA on ways to give GSA the 
ability to check for billing errors if the post-award audit rights of 
information submitted in support of price negotiations prior to award 
or contract modification were eliminated.
    The final rule deletes the contract clause that automatically 
provides post-award audit rights for pricing information in every 
schedule contract. GSA expects to shift its emphasis to use of pre-
award audits of information submitted in support of price negotiations. 
In addition to other contract pricing tools, this shift will provide 
the contracting officer a mechanism for verifying information submitted 
by offerors and will help avoid the potential problem of overpricing by 
revealing inaccurate, incomplete or defective data before the contract 
is awarded. This approach is designed to avoid problems instead of 
uncovering problems after contract award. Notwithstanding this shift to 
pre-award audits, GSA recognizes that there may be circumstances which 
warrant a contractual right to access in order to conduct post-award 
audits of information provided during negotiations. However, GSA 
anticipates such instances will involve a limited number of schedules. 
Therefore, the final rule allows the contracting officer to modify the 
Examination of Records by GSA (Multiple Award Schedule) clause to 
provide for post-award access to records to verify the pre-award/
modification pricing, sales or other data submitted related to the 
supplies or services offered under the contract which formed the basis 
for award or modification was accurate, current, and complete. Such a 
modification can only be made after the contracting officer makes a 
determination that there is a likelihood of significant harm to the 
Government without access to verify the information and obtains the 
Senior Procurement Executive's approval. In such cases, the right to 
access expires 2 years after the award or modification. Such 
determinations must be made on a schedule-by-schedule basis. This 
approach is expected to enhance the Government's relationship with its 
contractors because it more nearly approximates commercial practice.
    This change reflects a policy decision to make post-award audit 
provisions for information submitted in support of price negotiations 
prior to award or modification the exception rather than the general 
rule. GSA believes, as a legal matter, that GSA can conduct post-award 
audits of information submitted in support of price negotiations prior 
to award or contract modification. Expressly limiting the contractual 
post-award audit access for information provided during negotiations 
concerning pricing does not impact the Inspector General's independent 
authority under the Inspector General Act; nor would it preclude a 
contractor from voluntarily providing audit access should circumstances 
so warrant. It also does not impact independent authority granted by 
virtue of other statutes, for example 38 U.S.C. 8126.
    Post-award compliance audits for overbillings, billing errors, 
compliance with the Price Reduction clause and the Industrial Funding 
Fee clause are maintained for all schedule contracts in the final rule.

Price Adjustment Clause

    Industry commentors suggest that GSA's inclusion of a price 
adjustment clause, which covers situations after award in which 
incomplete, not current, or inaccurate pricing information is 
discovered, is not consistent with the spirit and intent of the Federal 
Acquisition Streamlining Act and the Federal Acquisition Reform Act 
(renamed the Clinger-Cohen Act), and is more restrictive than similar 
provisions used in commercial practice.
    The final rule retains the Price Adjustment clause. Even though GSA 
has limited post-award audits of information submitted in support of 
price negotiations, there are other circumstances that may result in 
the Government discovering that the offeror/contractor submitted 
inaccurate, not current or incomplete information. For example, the IG 
may perform an audit based on its authority under the Inspector General 
Act. The IG may not find fraud but may find that incomplete, not 
current or inaccurate information was provided GSA and that the lack of 
information impacted the price the contracting officer negotiated. 
Without a clause, GSA has no recourse other than to try and convince 
the contractor to

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negotiate an equitable settlement. The contractor would be under no 
contractual or legal obligation to do so.

B. Executive Order 12866

    This final rule was submitted to the Office of Management and 
Budget (OMB) under Executive Order 12866, Regulatory Planning and 
Review. This rule is not a major rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

    A Final Regulatory Flexibility Analysis (FRFA) has been prepared 
and may be obtained from the Office of Acquisition Policy, 18th & F 
Streets, NW., Washington, DC 20405. A copy of the FRFA has been 
submitted to the Chief Counsel for Advocacy of the Small Business 
Administration. The analysis is summarized as follows:
    This rule revises the GSAR to bring it into conformance with the 
Federal Acquisition Regulation (FAR) as amended by Items I and III of 
Federal Acquisition Circular 90-32 which implemented portions of the 
Federal Acquisition Streamlining Act of 1994 (Pub. L. 103-355) dealing 
with the acquisition of commercial items and the Truth in Negotiations 
Act. The two Final Regulatory Flexibility Analyses (one for Commercial 
Items, FAR Case 94-790, and the other for TINA, FAR Case 94-721) that 
support the FAR changes serve the same purpose for this implementation. 
This regulatory flexibility analysis focuses on the GSAR changes 
relating to the Multiple Award Schedule (MAS) Program.
    MAS solicitations will require the submission of information from 
each offeror on its pricing and discount policies, business practices, 
commercial terms and conditions, and commercial pricelists. This 
submission is in accordance with FAR 15.804-5, which provides for 
submission of information other than cost or pricing data. Such 
information is considered to be the least burdensome for offerors, yet 
still provide sufficient information to determine price reasonableness.
    This rule will apply to all offerors responding to MAS 
solicitations and to MAS contractors. Of the estimated 4,000 offers 
submitted annually in response to the various MAS solicitations, 
approximately 75 percent are received from small businesses. Thus, this 
rule is expected to have an impact on approximately 3,000 small 
businesses.
    This rule will not have a significant economic impact on small 
businesses. As noted above, the commercial item and TINA changes merely 
bring the GSAR into conformance with recent FAR changes. For the MAS 
element, the policies and procedures are deemed to be the least onerous 
and least intrusive ones for offerors and contractors, but still 
provide GSA with sufficient information to fully evaluate offers and 
determine price reasonableness.
    Since the establishment of the MAS Improvement Project in 1990, GSA 
has considered and tested numerous alternative data submissions under 
the MAS Program. Of note are the pilot test solicitations conducted in 
accordance with the Federal Register notice dated February 18, 1992, 
two National Performance Review Reinvention Pilot test solicitations 
issued by GSA's Information Technology Service, and the pilot test 
solicitations issued pursuant to FSS Acquisition Letter FC-94-3. The 
conduct of those procurement actions has been fully evaluated and 
considered in developing this final rule. All public comments also have 
been considered. The policies and procedures set forth herein are 
deemed to be the least onerous and least intrusive ones for potential 
contractors, but still provide GSA with sufficient information to fully 
evaluate offers and determine price reasonableness.
    This final rule is expected to have a beneficial impact on small 
entities because the rule simplifies procedures for the MAS program, 
reduces the amount of information provided to support price 
negotiations and limits post-award audits of contractors records.

D. Paperwork Reduction Act

    The Paperwork Reduction Act applies to this final rule. The 
information collection requirements in 515.804-6 and related provisions 
and clauses have been approved by the Office of Management and Budget 
(OMB) under OMB Control Number 9000-0013. The information collection 
requirements in 552.212-70, Preparation of Offer (Multiple Award 
Schedule), represent customary commercial practice and are approved 
under OMB Control Number 3090-0250.

List of Subjects in 48 CFR Parts 504, 507, 510, 511, 512, 514, 515, 
538, 539, 543, 546, 552, and 570

    Government procurement.

    Accordingly, the interim rule amending 48 CFR Parts 504, 507, 510, 
511, 512, 514, 515, 538, 539, 543, 546, and 552 and 570 published at 61 
FR 6164, February 16, 1996, and corrections published at 61 FR 10846 
(March 15, 1996) and 61 FR 14032 (March 29, 1996) is adopted as a final 
rule with the following changes:
    1. The authority citation for 48 CFR Parts 504, 507, 510, 511, 512, 
514, 515, 538, 539, 543, 546, 552 and 570 continues to read as follows:

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

PART 515--CONTRACTING BY NEGOTIATION

    2. Section 515.106-70 is revised to read as follows:


515.106-70  Examination of records by GSA clause.

    (a) The contracting officer shall insert the clause at 552.215-70, 
Examination of Records by GSA, in solicitations and contracts, other 
than multiple award schedule contracts, that
    (1) Involve the use and disposition of Government-furnished 
property,
    (2) Provide for advance payments, progress payments based on cost, 
or guaranteed loan,
    (3) Contain a price warranty or price reduction clause,
    (4) Involve income to the Government where income is based on 
operations that are under the control of the contractor,
    (5) Include an economic price adjustment clause,
    (6) Are requirements, indefinite-quantity, or letter type contracts 
as defined in FAR part 16,
    (7) Are subject to adjustment based on a negotiated cost escalation 
base, or
    (8) Contain the provision at FAR 52.223-4, Recovered Material 
Certification. The contracting officer may modify the clause to define 
the specific area of audit (e.g., the use or disposition of Government-
furnished property, compliance with the price reduction clause). 
Counsel and the Assistant Inspector General--Auditing or Regional 
Inspector General--Auditing, as appropriate, must concur in any 
modifications to the clause.
    (b) The contracting officer shall insert the clause at 552.215-71, 
Examination of Records by GSA (Multiple Award Schedule), in 
solicitations and multiple award schedule contracts. With the Senior 
Procurement Executive's approval, the contracting officer may modify 
the clause to also provide for post-award access to and the right to 
examine records to verify that the pre-award/modification pricing, 
sales or other data related to the supplies or services offered under 
the contract which formed the basis for the award/modification was 
accurate, current, and complete. Such a modification of the clause 
shall provide for the right of access to expire 2 years after award or 
modification. Before modifying the clause, the contracting officer 
shall make a determination that absent such access there is a 
likelihood of significant

[[Page 44522]]

harm to the Government and submit it to the Senior Procurement 
Executive for approval. Such determinations must be made on a schedule-
by-schedule basis.
    3. Section 515.804-6 is revised to read as follows:


515.804-6  Instructions for submission of cost or pricing data or 
information other than cost or pricing data.

    (a) Contracting officers should use Alternate IV of the FAR 
provision at 52.215-41, Requirements for Cost or Pricing Data or 
Information Other Than Cost or Pricing Data, to provide the format for 
submission of information other than cost or pricing data for multiple 
award schedule (MAS) contracts. To provide for uniformity in requests 
under the MAS program, contracting officers should insert the following 
in paragraph (b) of the provision.

    (1) An offer prepared and submitted in accordance with the 
clause at 552.212-70, Preparation of Offer (Multiple Award 
Schedule);
    (2) Commercial sales practices. The Offeror shall submit 
information in the format provided in this solicitation in 
accordance with the instructions at Table 515-1 of the GSA 
Acquisition Regulation; or submit information in the Offeror's own 
format.
    (3) Any additional supporting information requested by the 
Contracting Officer. The Contracting Officer may require additional 
supporting information, but only to the extent necessary to 
determine whether the price(s) offered is fair and reasonable.
    (4) By submission of an offer in response to this solicitation, 
the Offeror grants the Contracting Officer or an authorized 
representative the right to examine, at any time before initial 
award, books, records, documents, papers, and other directly 
pertinent records to verify the pricing, sales and other data 
related to the supplies or services proposed in order to determine 
the reasonableness of price(s). Access does not extend to Offeror's 
cost or profit information or other data relevant solely to the 
Offeror's determination of the prices to be offered in the catalog 
or marketplace.

    (b) Contracting officers shall insert the following format for 
commercial sales practices in the exhibits or attachments section of 
the solicitation (see FAR 12.303).

COMMERCIAL SALES PRACTICES FORMAT

Name of Offeror ____________ SIN(S) ________

    Note: Please refer to clause 552.212-70, PREPARATION OF OFFER 
(MULTIPLE AWARD SCHEDULE), for additional information concerning 
your offer. Provide the following information for each SIN (or group 
of SINs or SubSIN) for which information is the same.

    (1) Provide the dollar value of sales to the general public at 
or based on an established catalog or market price during the 
previous 12 month period or the offerors last fiscal year. 
$________. State begining and ending of the 12 month period. 
Beginning ________ Ending ____________. In the event that a dollar 
value is not an appropriate measure of the sales, provide and 
describe your own measure of the sales of the item(s).
    (2) Show your total projected annual sales to the Government 
under this contract for the contract term, excluding options, for 
each SIN offered. If you currently hold a Federal Supply Schedule 
contract for the SIN the total projected annual sales should be 
based on your most recent 12 months of sales under that contract. 
SIN ________ $ ________; SIN ________ $ ________; SIN ________ $ 
________
    (3) Based on your written discounting policies (standard 
commercial sales practices in the event you do not have written 
discounting policies), are the discounts and any concessions which 
you offer the Government equal to or better than your best price 
(discount and concessions in any combination) offered to any 
customer acquiring the same items regardless of quantity or terms 
and conditions? YES ____ NO ____. (See definition of ``concession'' 
and ``discount'' in 552.212-70).
    (4)(a) Based on your written discounting policies (standard 
commercial sales practices in the event you do not have written 
discounting policies), provide information as requested for each SIN 
(or group of SINs for which the information is the same) in 
accordance with the instructions at Table 515-1 which is provided in 
this solicitation for your convenience. The information should be 
provided in the chart below or in an equivalent format developed by 
the offeror. Rows should be added to accommodate as many customers 
as required. See definition of ``concession'' and ``discount'' in 
552.212-70.

----------------------------------------------------------------------------------------------------------------
                                                Column 3 quantity/                                Column 5      
  Column 1  Customer     Column 2  discount           volume           Column 4 FOB term         concessions    
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    (b) Do any deviations from your written policies or standard 
commercial sales practices disclosed in the above chart ever result 
in better discounts (lower prices) or concessions than indicated? 
____YES ____NO. ____. If YES, explain deviations in accordance with 
the instructions at Table 515-1 which is provided in this 
solicitation for your convenience.
    (5) If you are a dealer/reseller without significant sales to 
the general public, you should provide manufacturers' information 
required by paragraphs (1) through (4) above for each item/SIN 
offered, if the manufacturer's sales under any resulting contract 
are expected to exceed $500,000. You must also obtain written 
authorization from the manufacturer(s) for Government access, at any 
time before award or before agreeing to a modification, to the 
manufacturer's sales records for the purpose of verifying the 
information submitted by the manufacturer. The information is 
required in order to enable the Government to make a determination 
that the offered price is fair and reasonable. To expedite the 
review and processing of offers, you should advise the 
manufacturer(s) of this requirement. The contracting officer may 
require the information be submitted on electronic media with 
commercially available spreadsheet(s). The information may be 
provided by the manufacturer directly to the Government. If the 
manufacturer's item(s) is being offered by multiple dealers/
resellers, only one copy of the requested information should be 
submitted to the Government. In addition, you must submit the 
following information along with a listing of contact information 
regarding each of the manufacturers whose products and/or services 
are included in the offer (include the manufacturer's name, address, 
the manufacturer's contact point, telephone number, and FAX number) 
for each model offered by SIN:
    (a) Manufacturer's Name
    (b) Manufacturer's Part Number
    (c) Dealer's/Reseller's Part Number
    (d) Product Description
    (e) Manufacturer's List Price
    (f) Dealer's/Reseller's percentage discount from List Price or 
net prices

(End of Format)

    (c) The contracting officer should include the instructions for 
completing

[[Page 44523]]

the commercial sales practices format in Table 515-1 in solicitations 
issued under the multiple award schedule program.

TABLE 515-1--INSTRUCTIONS FOR COMMERCIAL SALES PRACTICES FORMAT

    If you responded ``YES'' to question (3), on the COMMERCIAL 
SALES PRACTICES FORMAT, complete the chart in question (4)(a) for 
the customer(s) who receive your best discount. If you responded 
``NO'' complete the chart in question (4)(a) showing your written 
policies or standard sales practices for all customers or customer 
categories to whom you sell at a price (discounts and concessions in 
combination) that is equal to or better than the price(s) offered to 
the Government under this solicitation or with which the Offeror has 
a current agreement to sell at a discount which equals or exceeds 
the discount(s) offered under this solicitation. Such agreement 
shall be in effect on the date the offer is submitted or contain an 
effective date during the proposed multiple award schedule contract 
period. If your offer is lower than your price to other customers or 
customer categories you will be aligned with the customer or 
category of customer that receives your best price for purposes of 
the Price Reduction clause at 552.238-76. The Government expects you 
to provide information required by the format in accordance with 
these instructions that is, to the best of your knowledge and 
belief, current, accurate, and complete as of 14 calendar days prior 
to its submission. You must also disclose any changes in your price 
list(s), discounts and/or discounting policies which occur after the 
offer is submitted, but before the close of negotiations. If your 
discount practices vary by model or product line, the discount 
information should be by model or product line as appropriate. You 
may limit the number of models or product lines reported to those 
which exceed 75% of actual historical Government sales (commercial 
sales may be substituted if Government sales are unavailable) value 
of the special item number (SIN).
    Column 1--Identify the applicable customer or category of 
customer. A ``customer'' is any entity, except the Federal 
Government, which acquires supplies or services from the Offeror. 
The term customer includes, but is not limited to original equipment 
manufacturers, value added resellers, state and local governments, 
distributors, educational institutions (an elementary, junior high, 
or degree granting school which maintains a regular faculty and 
established curriculum and an organized body of students), dealers, 
national accounts, and end users. In any instance where the Offeror 
is asked to disclose information for a customer, the Offeror may 
disclose information by category of customer if the offeror's 
discount policies or practices are the same for all customers in the 
category. (Use a separate line for each customer or category of 
customer.)
    Column 2--Identify the discount. The term ``discount'' is as 
defined in solicitation clause 552.212-70 Preparation of Offer 
(Multiple Award Schedule). Indicate the best discount (based on your 
written discounting policies or standard commercial discounting 
practices if you do not have written discounting policies) at which 
you sell to the customer or category of customer identified in 
column 1, without regard to quantity; terms and conditions of the 
agreements under which the discounts are given; and whether the 
agreements are written or oral. Net prices or discounts off of other 
price lists should be expressed as percentage discounts from the 
price list which is the basis for your offer. If the discount 
disclosed is a combination of various discounts (prompt payment, 
quantity, etc.), the percentage should be broken out for each type 
of discount. If the price lists which are the basis of the discounts 
given to the customers identified in the chart are different than 
the price list submitted upon which your offer is based, identify 
the type or title and date of each price list. The contracting 
officer may require submission of these price lists. To expedite 
evaluation, offerors may provide these price lists at the time of 
submission.
    Column 3--Identify the quantity or volume of sales. Insert the 
minimum quantity or sales volume which the identified customer or 
category of customer must either purchase/order, per order or within 
a specified period, to earn the discount. When purchases/orders must 
be placed within a specified period to earn a discount indicate the 
time period.
    Column 4--Indicate the FOB delivery term for each identified 
customer. (See FAR 47.3 for an explanation of FOB delivery terms.)
    Column 5--Indicate concessions regardless of quantity granted to 
the identified customer or category of customer. Concessions are 
defined in solicitation clause 552.212-70 Preparation of Offers 
(Multiple Award Schedule). If the space provided is inadequate, the 
disclosure should be made on a separate sheet by reference.
    If you respond ``YES'' to question 4(b) in the Commercial Sales 
Practices Format, provide an explanation of the circumstances under 
which you deviate from your written policies or standard commercial 
sales practices disclosed in the chart on the Commercial Sales 
Practices Format and explain how often they occur. Your explanation 
should include a discussion of situations that lead to deviations 
from standard practice, an explanation of how often they occur, and 
the controls you employ to assure the integrity of your pricing. 
Examples of typical deviations may include, but are not limited to, 
one time goodwill discounts to charity organizations or to 
compensate an otherwise disgruntled customer; a limited sale of 
obsolete or damaged goods; the sale of sample goods to a new 
customer; or the sales of prototype goods for testing purposes.
    If deviations from your written policies or standard commercial 
sales practices disclosed in the chart on the Commercial Sales 
Practices Format are so significant and/or frequent that the 
Contracting Officer cannot establish whether the price(s) offered is 
fair and reasonable, then you may be asked to provide additional 
information. The Contracting Officer may ask for information to 
demonstrate that you have made substantial sales of the item(s) in 
the commercial market consistent with the information reflected on 
the chart on the Commercial Sales Practice Format, a description of 
the conditions surrounding those sales deviations, or other 
information that may be necessary in order for the Contracting 
Officer to determine whether your offered price(s) is fair and 
reasonable. In cases where additional information is requested, the 
Contracting Officer will target the request in order to limit the 
submission of data to that needed to establish the reasonableness of 
the offered price.

    (d) The contracting officer shall insert the clause at 48 CFR 
552.215-72, Price Adjustment--Failure to Provide Accurate Information, 
in solicitations and contracts to be awarded under the multiple award 
schedule program.
    (e) The contracting officer should use Alternate IV of the FAR 
clause at 52.215-42, Requirements for Cost or Pricing Data or 
Information Other Than Cost or Pricing Data--Modifications, to provide 
for submission of information other than cost and pricing data for MAS 
contracts. To provide for uniformity in requests under the MAS program, 
the contracting officer should insert the following in paragraph (b) of 
the clause.

    (1) Information required by the clause at 552.243-72, 
Modifications (Multiple Award Schedule);
    (2) Any additional supporting information requested by the 
Contracting Officer. The Contracting Officer may require additional 
supporting information, but only to the extent necessary to 
determine whether the price(s) offered is fair and reasonable.
    (3) By submitting a request for modification, the Contractor 
grants the Contracting Officer or an authorized representative the 
right to examine, at any time before agreeing to a modification, 
books, records, documents, papers, and other directly pertinent 
records to verify the pricing, sales and other data related to the 
supplies or services proposed in order to determine the 
reasonableness of price(s). Access does not extend to Contractor's 
cost or profit information or other data relevant solely to the 
Contractor's determination of the prices to be offered in the 
catalog or marketplace.

PART 538--FSS SCHEDULE CONTRACTING

    4. Section 538.270 is revised to read as follows:


538.270  Evaluation of multiple award schedule offers.

    (a) The Government will seek to obtain the offeror's best price 
(the best price given to the most favored customer). However, the 
Government recognizes that the terms and conditions of commercial sales 
vary and that there may be legitimate reasons why the best price is not 
achieved.

[[Page 44524]]

    (b) The contracting officer will establish negotiation objectives 
based on a review of relevant data and determine price reasonableness.
    (c) When establishing negotiation objectives and determining price 
reasonableness, contracting officers will compare the terms and 
conditions of the MAS solicitation with the terms and conditions of 
agreements with the offeror's commercial customers. The contracting 
officer will consider the following factors when determining the 
Government's price negotiation objectives:
    (1) Aggregate volume of anticipated purchases;
    (2) The purchase of a minimum quantity or a pattern of historic 
purchases;
    (3) Prices taking into consideration any combination of discounts 
and concessions offered to commercial customers;
    (4) Length of the contract period;
    (5) Warranties, training and/or maintenance included in the 
purchase price or provided at additional cost to the product prices;
    (6) Ordering and delivery practices; and
    (7) Any other relevant information including differences between 
the MAS solicitation and commercial terms and conditions that may 
warrant differentials between the offer and the best prices offered to 
the most favored commercial customer(s). For example, if it is more 
expensive for an offeror to sell to the Government than to the customer 
who receives the offeror's best price or if the customer (e.g., dealer, 
distributor, OEM, other reseller) who receives the best price performs 
certain value-added functions for the offeror that the Government does 
not perform, then some reduction in the discount given to the 
Government may be appropriate. In cases where the best price is not 
offered to the Government, the contracting officer should ask the 
offeror to identify and explain the reason for any differences. 
Offerors shall not be required to provide detailed cost breakdowns.
    (c) The contracting officer may award a contract containing pricing 
which is less favorable than the best price the offeror extends to any 
commercial customer for similar purchases, when the contracting officer 
makes a determination that:
    (1) The prices offered to the Government are fair and reasonable 
even though comparable discounts were not negotiated, and
    (2) Award of a contract is otherwise in the best interest of the 
Government.
    5. Section 538.271 is amended by revising paragraph (a) to read as 
follows:


538.271  MAS contract awards.

    (a) MAS awards will be for commercial items as defined in FAR 
2.101. Contracts will be negotiated as a discount from established 
catalog prices.
* * * * *

PART 543--CONTRACT MODIFICATIONS

    6. Section 543.205 is amended by revising paragraph (c) to read as 
follows:


543.205  Contract clauses.

* * * * *
    (c) The contracting officer shall insert the clause at 48 CFR 
552.243-72, Modifications (Multiple Award Schedule), in solicitations 
and multiple award schedule contracts.

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    7. Section 552.212-70 is revised to read as follows:


552.212-70  Preparation of Offer (Multiple Award Schedule)

    As prescribed in 48 CFR 512.301(a)(1), insert the following clause:

PREPARATION OF OFFER (MULTIPLE AWARD SCHEDULE) (AUG 1997)

    (a) Definitions. Concession, as used in this solicitation, means 
a benefit, enhancement or privilege (other than a discount), which 
either reduces the overall cost of a customer's acquisition or 
encourages a customer to consummate a purchase. Concessions include, 
but are not limited to freight allowance, extended warranty, 
extended price guarantees, free installation and bonus goods.
    Discount, as used in this solicitation, means a reduction to 
catalog prices (published or unpublished). Discounts include, but 
are not limited to, rebates, quantity discounts, purchase option 
credits, and any other terms or conditions other than concessions) 
which reduce the amount of money a customer ultimately pays for 
goods or services ordered or received. Any net price lower than the 
list price is considered a ``discount'' by the percentage difference 
from the list price to the net price.
    (b) For each Special Item Number (SIN) included in an offer, the 
Offeror shall provide the information outlined in paragraph (c). 
Offerors may provide a single response covering more than one SIN, 
if the information disclosed is the same for all products under each 
SIN. If discounts and concessions vary by model or product line, 
offerors shall ensure that information is clearly annotated as to 
item or items referenced.
    (c) Provide information described below for each SIN:
    (1) Two copies of the offeror's current published (dated or 
otherwise identified) commercial descriptive catalogs and/or price 
list(s) from which discounts are offered. If special catalogs or 
price lists are printed for the purpose of this offer, such 
descriptive catalogs or price lists shall include a statement 
indicating the special catalog or price list represent a verbatim 
extract from the Offeror's commercial catalog and/or price list and 
identify the descriptive catalog and/or price list from which the 
information has been extracted.
    (2) Next to each offered item in the commercial catalog and/or 
price list, the Offeror shall write the special item number (SIN) 
under which the item is being offered. Unless a special catalog or 
price list is submitted, all other items shall be marked 
``excluded,'' lined out, and initialed by the offeror.
    (3) The discount(s) offered under this solicitation. The 
description of discounts offered shall include all discounts, such 
as prompt payment discounts, quantity/dollar volume discounts 
(indicate whether models/products can be combined within the SIN or 
whether SINs can be combined to earn discounts), blanket purchase 
agreement discounts, or purchase option credits. If the terms of 
sale appearing in the commercial catalogs or price list on which an 
offer is based are in conflict with the terms of this solicitation, 
the latter shall govern.
    (4) A description of concessions offered under this solicitation 
which are not granted to other customers. Such concessions may 
include, but are not limited to, an extended warranty, a return/
exchange goods policy, or enhanced or additional services.
    (5) If the Offeror is a dealer/reseller or the Offeror will use 
dealers to perform any aspect of contract awarded under this 
solicitation, describe the functions, if any, that the dealer/
reseller will perform.

(End of Clause)

    8. Section 552.212-71 is amended by revising the date of the 
provision and revising the title of provision number 552.215-72 in the 
body of the provision to read as follows:


552.212-71  Contract Terms and Conditions Applicable to GSA Acquisition 
of Commercial Items.

 * * * * *
CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITION OF 
COMMERCIAL ITEMS (AUG 1997)
 * * * * *
552.215-72  Price Adjustment--Failure to Provide Accurate Information
 * * * * *
    9. Section 552.212-73 is revised to read as follows:


552.212-73  Evaluation--Commercial Items (Multiple Award Schedule).

    As prescribed in 48 CFR 512.301(a)(4), insert the following 
provisions:

[[Page 44525]]

EVALUATION--COMMERCIAL ITEMS (MULTIPLE AWARD SCHEDULE) (AUG 1997)

    (a) The Government may make multiple awards for the supplies or 
services offered in response to this solicitation that meet the 
definition of a ``commercial item'' in FAR 52.202-1. Awards may be 
made to those responsible offerors that offer reasonable pricing, 
conforming to the solicitation, and will be most advantageous to the 
Government, taking into consideration the multiplicity and 
complexity of items of various manufacturers and the differences in 
performance required to accomplish or produce required end results, 
production and distribution facilities, price, compliance with 
delivery requirements, and other pertinent factors. By providing a 
selection of comparable supplies or services, ordering activities 
are afforded the opportunity to fulfill their requirements with the 
item(s) that constitute the best value and that meet their needs at 
the lowest overall cost.
    (b) A written notice of award or acceptance of an offer, mailed 
or otherwise furnished to the offeror within the time for acceptance 
specified in the offer, shall result in a binding contract without 
further action by either party. Before the offer's specified 
expiration time, the Government may accept an offer (or part of an 
offer), whether or not there are negotiations after its receipt, 
unless a written notice of withdrawal is received before award.

(End of Provision)

Alternate I (AUG 1997):

    When anticipating competition of identical items, add the 
following paragraph after paragraph (b) of the basic provision.
    (c) The Government reserves the right to award only one contract 
for all or a part of a manufacturer's product line. When two or more 
offerors (e.g., dealers/resellers) offer the identical product, 
award may be made competitively to only one offeror on the basis of 
the lowest price. (Discounts for early payment will not be 
considered as an evaluation factor in determining the low offeror). 
During initial open season for an option period, any offers that are 
equal to or lower than the current contract price received for 
identical items will be considered. Current contractors will also be 
allowed to submit offers for identical items during this initial 
open season. The current contractor which has the identical item on 
contract will be included in the evaluation process. The Government 
will evaluate all offers and may award only one contract for each 
specified product or aggregate group.
    10. Section 552.215-71 is revised to read as follows:


552.215-71  Examination of records by GSA (Multiple Award Schedule).

    As prescribed in 48 CFR 515.106-70, insert the following clause:

EXAMINATION OF RECORDS BY GSA (MULTIPLE AWARD SCHEDULE) (AUG 1997)

    The Contractor agrees that the Administrator of General Services 
or any duly authorized representative shall have access to and the 
right to examine any books, documents, papers and records of the 
Contractor involving transactions related to this contract for 
overbillings, billing errors, compliance with the Price Reduction 
clause and compliance with the Industrial Funding Fee clause of this 
contract. This authority shall expire 3 years after final payment. 
The basic contract and each option shall be treated as separate 
contracts for purposes of applying this clause.

(End of Clause)

    11. Section 552.215-72 is revised to read as follows:


552.215-72  Price adjustment--Failure to provide accurate information.

    As prescribed in 48 CFR 515.804-6(d), insert the following clause:

PRICE ADJUSTMENT--FAILURE TO PROVIDE ACCURATE INFORMATION: (AUG 1997)

    (a) The Government, at its election, may reduce the price of 
this contract or contract modification if the Contracting Officer 
determines after award of this contract or contract modification 
that the price negotiated was increased by a significant amount 
because the Contractor failed to:
    (1) provide information required by this solicitation/contract 
or otherwise requested by the Government; or
    (2) submit information that was current, accurate, and complete; 
or
    (3) disclose changes in the Contractor's commercial 
pricelist(s), discounts or discounting policies which occurred after 
the original submission and prior to the completion of negotiations.
    (b) The Government will consider information submitted to be 
current, accurate and complete if the data is current, accurate and 
complete as of 14 calendar days prior to the date it is submitted.
    (c) If any reduction in the contract price under this clause 
reduces the price for items for which payment was made prior to the 
date of the modification reflecting the price reduction, the 
Contractor shall be liable to and shall pay the United States--
    (1) The amount of the overpayment; and
    (2) Simple interest on the amount of such overpayment to be 
computed from the date(s) of overpayment to the Contractor to the 
date the Government is repaid by the Contractor at the applicable 
underpayment rate effective each quarter prescribed by the Secretary 
of the Treasury under 26 U.S.C. 6621(a)(2).
    (d) Failure to agree on the amount of the decrease shall be 
resolved as a dispute.
    (e) In addition to the remedy in paragraph (a) of this clause, 
the Government may terminate this contract for default. The rights 
and remedies of the Government specified herein are not exclusive, 
and are in addition to any other rights and remedies provided by law 
or under this contract.

(End of Clause)

    12. Section 552.243-72 is amended by revising the date of the 
clause, by revising paragraphs (a), (b)(1) introductory text, (b)(1) 
(i), (ii) and (viii), (b)(3), and by deleting paragraph (b)(4) and 
Alternate I to read as follows:


552.243-72  Modifications (Multiple Award Schedule).

* * * * *

MODIFICATIONS (MULTIPLE AWARD SCHEDULE) (AUG 1997)

    (a) General. The Contractor may request a contract modification 
by submitting a request to the Contracting Officer for approval, 
except as noted in paragraph (d) of this clause. At a minimum, every 
request shall describe the proposed change(s) and provide the 
rationale for the requested change(s).
    (b) * * *
    (1) Additional items/additional SIN's. When requesting 
additions, the following information must be submitted:
    (i) Information requested in paragraphs (1) and (2) of the 
Commercial Sales Practice Format to add SIN's.
    (ii) Discount information for the new item(s) or new SIN(s). 
Specifically, submit the information requested in paragraphs 3 
through 5 as applicable of the Commercial Sales Practice Format. If 
this information is the same as the initial award, a statement to 
that effect may be submitted instead.
* * * * *
    (viii) Any information requested by 52.212-3(f), Offerors 
Representations and Certifications--Commercial Items, that may be 
necessary to assure compliance with 552.225-9, Trade Agreements Act.
* * * * *
    (3) Price Reduction. The Contractor shall indicate whether the 
price reduction falls under the item (i), (ii), or (iii) of 
subparagraph (c)(1) of the Price Reduction clause at 552.238-76. If 
the Price reduction falls under item (i), the Contractor shall 
submit a copy of the dated commercial price list. If the price 
reduction falls under item (ii) or (iii), the Contractor shall 
submit a copy of the applicable price list(s), bulletins or letters 
or customer agreements which outline the effective date, duration, 
terms and conditions of the price reduction.
* * * * *

PART 570--ACQUISITION OF LEASEHOLD INTERESTS IN REAL PROPERTY

    13. Section 570.308-2 is amended by revising paragraph (e) to read 
as follows:


570.308-2  Cost or pricing data.

* * * * *
    (e) If the proposed lessor refuses to provide data when required, 
the contracting officer shall follow the procedures in FAR 15.804-6(e).

    Dated: August 15, 1997.
Ida M. Ustad,
Deputy Associate Administrator for Acquisition Policy.
[FR Doc. 97-22144 Filed 8-20-97; 8:45 am]
BILLING CODE 6820-61-P