[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Rules and Regulations]
[Pages 54334-54339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21927]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 511, 516, 532, 538, 546, and 552
[GSAR Amendment 2008-02; GSAR Case 2008-G517; (Change 23); Docket 2008-
0007; Sequence 01]
RIN 3090-AI68
General Services Administration Acquisition Regulation; GSAR Case
2008-G517; Cooperative Purchasing-Acquisition of Security and Law
Enforcement Related Goods and Services (Schedule 84) by State and Local
Governments Through Federal Supply Schedules
AGENCIES: General Services Administration (GSA), Office of the Chief
Acquisition Officer.
ACTION: Interim rule with request for comments.
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SUMMARY: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) to
implement Pub.L. 110-248, The Local Preparedness Acquisition Act. The
Act authorizes the Administrator of General Services to provide for the
use by State or local governments of Federal Supply Schedules of the
General Services Administration (GSA) for alarm and signal systems,
facility management systems, firefighting and rescue equipment, law
enforcement and security equipment, marine craft and related equipment,
special purpose clothing, and related services (as contained in Federal
supply classification code group 84 or any amended or subsequent
version of that Federal supply classification group).
DATES: Effective Date: September 19, 2008.
Applicability Date: This amendment applies to solicitations and
existing contracts for Schedule 84, as defined in GSAM 538.7001,
Definitions, Schedule 84. Further, this amendment applies to contracts
awarded after the effective date of this rule for Schedule 84. Existing
Schedule 84 contracts shall be modified by mutual agreement of both
parties.
Comment Date: Interested parties should submit written comments to
the Regulatory Secretariat on or before November 18, 2008 to be
considered in the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR case 2008-G517, by any of
the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``GSAR case
2008-G517'' under the heading ``Comment or Submission''. Select the
link ``Send a Comment or Submission'' that corresponds with GSAR case
2008-G517. Follow the instructions provided to complete the ``Public
Comment and Submission Form''. Please include your name, company name
(if any), and ``GSAR case 2008-G517'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR case 2008-
G517, in all correspondence related to this case. All comments received
will be posted without change to http://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. William Clark, Procurement
Analyst, at (202) 219-1813 for clarification of content. Please cite
GSAR case 2008-G517. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at (202) 501-
4755.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends GSAM Parts 511, 516, 532, 538, 546, and
552 to implement Pub.L. 110-248, The Local Preparedness Acquisition
Act. The public law amends the ``Cooperative Purchasing'' provisions of
the Federal Property and Administrative Services Act where the
Administrator of GSA provides States and localities access to certain
items offered through GSA's supply schedules. The Public Law amends 40
U.S.C. 502(c) that allows, to the extent authorized by the
Administrator, a State or local government to use Federal Supply
Schedules of the General Services Administration to purchase alarm and
signal systems, facility management systems, firefighting and rescue
equipment, law enforcement and security equipment, marine craft and
related equipment, special purpose clothing, and related services (as
contained in Federal supply classification code group 84 or any amended
or subsequent version of that Federal supply classification group).
The GSA Schedules Program is also known as the Federal Supply
Schedule (FSS) or Multiple Award Schedules (MAS) Program. Under the
FSS/MAS Program, Federal agencies are able to purchase goods and
services under contracts that are pre-negotiated by GSA. These
contracts cover more than 11 million commercial goods and services and
are listed in broad categories known as Schedules. Under current law,
State and local governments are authorized to purchase goods and
services off the GSA Schedules, in limited circumstances, under special
procurement authority. This interim rule allows for State and local
purchasing under GSA Schedule 84, which covers products and services
related to law enforcement and security. Schedule 84 includes items
such as fire alarm systems, door entry control devices, intrusion
detection sensors, bomb detection equipment, perimeter security and
video surveillance systems. Use of the GSA Schedules allows State and
local governments to reduce time and resources spent on negotiating and
awarding contracts for needed goods and services and gives them access
to the pre-negotiated prices on the Federal Supply Schedules. Access to
Schedule 84 will help State and local governments meet growing homeland
security and public safety needs.
Cooperative Purchasing was added to the GSAR in 2003, covering
automated data processing equipment (including firmware, software,
supplies, support equipment, and services) (Schedule 70). A proposed
rule was published in the Federal Register at 68 FR 3220, January 23,
2003; an interim rule was published in the Federal Register at 68 FR
24372, May 7, 2003; and a final rule was published in the Federal
Register at 69 FR 28063, May 18, 2004. The rule authorized State and
local governments to procure IT products and services from Schedule 70,
Information Technology and the Consolidated Schedule, contracts
containing the IT Special Item Numbers (SINs).
A related interim rule on Recovery Purchasing was published in the
Federal Register at 72 FR 4649, February 1, 2007. That interim rule
implemented Section 833 of P.L. 109-364, which authorized the
Administrator of General Services to provide to State and local
governments the use of Federal Supply Schedules of the GSA for purchase
of products and services to be used to facilitate recovery from a major
disaster, terrorism, or
[[Page 54335]]
nuclear, biological, chemical, or radiological attack. State and local
governments are authorized to use Federal Supply Schedules to procure
products and services determined by the Secretary of Homeland Security
to facilitate recovery from major disasters, terrorism, or nuclear,
biological, chemical, or radiological attack. This Recovery Purchasing
authority was limited to GSA and the Department of Veterans Affairs
(VA) Federal Supply Schedule contracts and does not include any other
GSA programs.
Additional information about Cooperative Purchasing and on Recovery
Purchasing is available in GSA's Schedules e-Library at http://www.gsaelibrary.gsa.gov.
Schedule 84 Special Item Numbers
Alarm and Signal Systems, Facility Management Systems, Professional
Security/Facility Management Services and Protective Service
Occupations (Guard Services).
SIN 246 20 1 - Miscellaneous Alarm and Signal Systems. Process
Monitoring/Fault Reporting Devices or Systems.
SIN 246 20 2--Miscellaneous Alarm and Signal System Hazard
Indicating alarm Devices or Systems for the Detection of Toxic Gases,
Flammable Gases.
SIN 246 20 3 - Miscellaneous Alarm and Signal Systems. Audible/
Visual Warning/Signaling Devices.
SIN 246 20 4 - Miscellaneous Alarm and Signal Systems. Warning
System Devices (Patient/Detainees).
SIN 246 23 - Anti-Theft Material Alarm Control Systems for
Detection of Property.
SIN 246 25 - Fire Alarm Systems.
SIN 246 35 1 - Access Control Systems, Door entry control by card
access, magnetic proximity.
SIN 246 35 2 - Access Control Systems, Door entry control by touch
access, dial, digital, keyboard, keypad.
SIN 246 35 3 - Access Control Systems, Parking Access Control.
SIN 246 35 4 - Access Control Systems, Emergency exit door access/
alarm systems for security and/or fire safety.
SIN 246 35 5 - Access Control Systems - Vehicle Arrest/Security
Barrier/Barricade/Bollard Systems, Decorative Barrier Planters.
SIN 246 35 6 - Other Access Control Systems.
SIN 246 36 - Locking Devices.
SIN 246 40 - Intrusion Alarms and Signal Systems.
SIN 246 42 1 - Facility Management Systems (Including Accessories
and Repair Parts. Computerized Systems for Surveillance, Monitoring,
Controlling, Signaling and Reporting Multiple Functions. Security
Functions (i.e., access control, fire detection, intrusion, etc.).
SIN 246 42 2 - Facility Management Systems (Including Accessories
and Repair Parts. Computerized Systems for Surveillance, Monitoring,
Controlling, Signaling and Reporting Multiple Functions. Energy and
Facility Management Functions and Services, Building Automation Control
systems (including lighting, HVAC controls and sensors), Building
Comfort Systems (including heating, ventilation and air conditioning,
chillers).
SIN 246 42 3 - Facility Management Systems - including accessories
and repair parts. - Computerized systems for surveillance, monitoring,
controlling, signaling and reporting multiple functions. Systems
capable of both security functions and energy management functions.
SIN 246 43 - Perimeter Security/Detection Systems.
SIN 246 50 - Ancillary Services relating to Security/Facility
Management Systems.
SIN 246 51 - Installation of Security/Facility Management Systems
Requiring Construction.
SIN 246 52 - Professional Security/Facility Management Services.
SIN 246 53 - Facility Management and Energy Solutions.
SIN 246 54 - Protective Service Occupations.
SIN 246 60 1--Security Systems Integration and Design Services.
SIN 246 60 2--Security Management Support Services.
SIN 246 60 3--Security System Life Cycle Support.
SIN 246 60 4--Total Solution Support Products.
SIN 246 99 - Introduction of New Products/Services relating to
Alarm and Signal Systems/Facility
Firefighting and Rescue Equipment, Urban and Wildland.
SIN 465 8--Flood Control Equipment--Traditional and Alternative
Approaches.
SIN 465 9--Medical/Rescue Kits.
SIN 465 10 - Emergency Patient Transportation and Immobilization
Devices.
SIN 465 11 - Fire Extinguishing/Suppressing Products, Retardant,
Foams and Equipment.
SIN 465 17 - Firefighting Distress/Signal Devices and Heat Sensing
Devices.
SIN 465 19 - Firefighting and Rescue Tools, Equipment and
Accessories.
SIN 465 22 - Breathing Air Equipment, Inhalator Devices,
Respiratory Protection Products, Related Support Items and Solutions.
SIN 567 15 - Hoses, Valves, Fittings, Nozzles, Couplings and
Related Accessories.
SIN 567 4 - Helicopter Equipment and Products for Search and Rescue
and Firefighting Applications.
SIN 567 8 - Burning Equipment.
SIN 567 99 - Introduction of New Products and Services relating to
Firefighting and Rescue Equipment.
Law Enforcement and Security Equipment Supplies and Services.
SIN 426 1A - Miscellaneous Personal Equipment.
SIN 426 1B - Body Armor.
SIN 426 1C--Helmets.
SIN 426 1D - Restraining Equipment.
SIN 426 1G - Miscellaneous Non-Personal Law Enforcement Equipment.
SIN 426 2A - Canine Training and Handling Equipment, Canine Search
and Detection.
SIN 426 3A - Emergency Signal Systems.
SIN 426 3B - In-Vehicle Protection and Restraint Systems.
SIN 426 4C - Night Vision Equipment.
SIN 426 4D - Alcohol Detection Kits and Devices.
SIN 426 4E - Bomb Disposal and Hazardous Material Protective and
Detective Equipment.
SIN 426 4F - Emergency Preparedness and First Responder Equipment,
Training and Services.
SIN 426 4G - Firearms Storage, Securing and Cleaning Equipment;
Unloading Stations; Bullet Recovery Systems and Gun Racks.
SIN 426 4J - Target Systems/Target Range Accessories.
SIN 426 4K - Fingerprinting/Palmprinting (Taking and Detection) and
Evidential Casting Materials.
SIN 426 4L - Fingerprinting/Palmprinting (Taking and Detection) and
Evidential Casting Materials.
SIN 426 4M - Drug Testing Equipment and Kits.
SIN 426 4N - Criminal Investigative Equipment and Supplies.
SIN 426 4Q - Vehicle Monitor (Tracking) Systems.
SIN 426 4S - Surveillance Systems.
SIN 426 5A - Aircraft Armoring and Ancillary Services.
SIN 426 5B--Armored Vehicles, Vehicle Armoring Services, Wheeled
Vehicles.
SIN 426 6--Law Enforcement and Security Training.
SIN 426 7--Professional Law Enforcement Services.
SIN 426 99 - Introduction of New Services/Products related to Law
Enforcement and Security Equipment.
Marine Craft and Equipment.
SIN 260 01 - Boats, Powered.
SIN 260 03 - Boats, Nonpowered.
[[Page 54336]]
SIN 260 06 - Boats, Inflatable, Powered and Nonpowered.
SIN 260 09 - Inboard and Outboard Engines, Marine Diesel Propulsion
Engines (Ranging in Horsepower from 150-4,000).
SIN 260 10--Marine Craft Electronics.
SIN 260 11--Marine Craft Trailers and Trailer Accessories/Spare
Parts.
SIN 260 12 - Floating Marine Barriers and Booms, Floats, Perimeter
Floats, and Moorings.
SIN 260 13--Marine Craft Modifications, Marine Craft Repair and
Marine Craft Spare Parts.
SIN 260 14--Harbor/Waterfront Security Products and Services and
Professional Marine Security Services.
SIN 260 98 - Ancillary Services Relating to Marine Craft Systems.
SIN 260 99 - Introduction of New Products and Services Items
Directly Related to Marine Equipment.
Special Purpose Clothing.
SIN 633 1 - Gloves Industrial, Work and Cold Weather Gloves.
SIN 633 15 - Rainwear. Lightweight Rainwear.
SIN 633 16 - Footwear. Men's Over-the-Sock Boots (Work, Uniform,
Sport) and Women's Over-the-Sock Boots (Work, Uniform, Sport).
SIN 633 18 - Footwear. Men's or Women's Overshoes, Rubber.
SIN 633 19 - Footwear. Men's Safety Toe Shoes or Boots and Women's
Safety Toe Shoes or Boots.
SIN 633 21A - Shipboard/Aircraft Anti-Exposure Immersion Clothing
Not Otherwise Covered.
SIN 633 22 - Extreme Cold Weather Clothing. Coats, Jackets, Vests,
Hoods and Hats.
SIN 633 23 - Extreme Cold Weather Clothing. Overalls, Coveralls,
Pants, Insulated.
SIN 633 25 - Footwear. Boots, Insulated, Waterproof, Extreme Cold
Weather.
SIN 633 26 - Special Purpose Work clothes. Disposable Clothing.
SIN 633 27 - Special Purpose Work clothes. Coveralls, General
Purpose, Detainee Clothing.
SIN 633 30 - Structural Fire Fighting Clothing. Coat, Turnout,
Proximity; Trousers, Proximity; Helmets, Proximity.
SIN 633 30A - Structural Fire Fighting Clothing. Coat, Turnout,
Proximity; Trousers, Proximity; Helmets, Proximity.
SIN 633 32 - Structural Fire Fighting Clothing. Boots, Bunker and
Hip.
SIN 633 33 - Structural Fire Fighting Clothing. Gloves.
SIN 633 35 - Structural Fire Fighting Clothing. Protective Hoods.
SIN 633 37 - Structural Fire Fighting Clothing. Fire Fighter's
Station Wear.
SIN 633 38 - Wildland Fire Fighting Clothing - Personal Protection.
Shirts and Pants (BDU's) NFPA 1977 Compliant.
SIN 633 39 - Wildland Fire Fighting Clothing - Personal Protection.
Brush Shirts, Pants, Coats, Jackets, Jumpsuits - NFPA 1977 Compliant.
Shirts, Pants, coats, Jumpsuits, coveralls - Flame Resistant. Not NFPA
Compliant.
SIN 633 4 - Protective Worksuits, Waterproof, Chemical and
Electrical Safety. Jackets, Coats and Hoods.
SIN 633 40 - Flotation Devices. Personal Flotation Devices, Coast
Guard Approved Under 46 CFR 160.064; and Personal Flotation Devices Not
Coast Guard Approved.
SIN 633 43 - Wildland Fire Fighting Clothing - Personal Protection.
Helmets, Safety, Wildfire - NFPA 1977 Compliant.
SIN 633 45 - Wildland Fire Fighting Clothing - Personal Protection.
Helmets, Safety, Electrical Construction (Welder's).
SIN 633 47 - Security Wear, EMS Clothing and Related Products.
SIN 633 48 - High Visibility, Reflective Safety Products.
SIN 633 49 - Medical/Hospital Clothing.
SIN 633 50 - Industrial Work Shirts and Pants.
SIN 633 51--Concealment Clothing, Camouflage Clothing and BDUs.
SIN 633 52--Miscellaneous Footwear Accessories.
SIN 633 6 - Protective Worksuits, Waterproof, Chemical and
Electrical Safety.
SIN 633 6A - Emergency Response/Hazmat Clothing and Related
Products.
SIN 633 60--Miscellaneous Undergarments for use with Special
Purpose Clothing.
SIN 633 61--Special Purpose Clothing not elsewhere covered under
this Schedule.
SIN 633 70--Cool/Hot Products.
SIN 633 99 - Introduction of New Products/Services relating to
Special Purpose Clothing.
Cooperative Purchasing Data.
GSA seeks to continually improve the quality of its data on
cooperative purchasing activity under the FSS/MAS Program. Enhanced
information on the buying trends of non-federal purchases will help GSA
and other Federal agencies better understand how states and localities
are using the FSS/MAS Program to facilitate key objectives of
cooperative purchasing. One such objective is greater interoperability
between Federal, state, and local infrastructures to achieve improved
preparedness for emergencies. More detailed data will also allow GSA to
more effectively monitor the impact of cooperative purchasing,
including changes, if any, in: (i) small business participation; (ii)
access for federal customers; and (iii) GSA's ability to negotiate
favorable pricing and terms and conditions. Currently, GSA collects
sales data through both quarterly vendor reports based on the
Industrial Funding Fee report and GSA Advantage, GSA'S online
purchasing tool. GSA welcomes public comment on expanding the use and/
or functionality of GSA Advantage or another system or process that
allows additional collection of information at the transaction level to
provide additional insight regarding the impact of the Cooperative
Purchasing Program.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The changes may have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., because the interim rule will
affect large and small entities including small businesses that are
awarded Schedule 84 contracts, under the GSA Federal Supply Schedule
program; non-schedule contractors, including small businesses,
contracting with State or local governments; and small governmental
jurisdictions that will be eligible to place orders under Schedule 84
contracts. The analysis is as follows:
An Initial Regulatory Flexibility Analysis (IRFA) has been
prepared. The analysis is summarized as follows:
1. Description of the reasons why action by the agency is being
considered.
To implement Pub.L. 110-248, The Local Preparedness Acquisition
Act. The Act amends section 502 of Title 40, United States Code, to
authorize the Administrator of General Services to provide for the
use by State or local governments of Federal Supply Schedules of the
General Services Administration (GSA) for alarm and signal systems,
facility management systems, firefighting and rescue equipment, law
enforcement and security equipment, marine craft and related
equipment, special purpose clothing, and related services (as
contained in Federal supply classification code group 84 or any
amended or subsequent version of that Federal supply classification
group). The rule opens the Federal Supply Schedule 84 for use by
other governmental entities to enhance intergovernmental
cooperation.
2. Succinct statement of the objectives of, and legal basis for
the interim rule.
The interim rule will implement Pub.L. 110-248, The Local
Preparedness
[[Page 54337]]
Acquisition Act with the objective of opening the Federal Supply
Schedule 84 for use by other governmental entities to enhance
intergovernmental cooperation. The goal of the new rule is to make
``government'' (considering all levels) more efficient by reducing
duplication of effort and utilizing volume purchasing techniques for
the acquisition of law enforcement, security, and certain other
related items.
3. Description of, and where feasible, estimate of the number of
small entities to which the interim rule will apply.
The rule will affect large and small entities including small
businesses, that are awarded Schedule 84 contracts, under the GSA
Federal Supply Schedule program; non-schedule contractors, including
small businesses, contracting with State or local governments; and
small governmental jurisdictions that will be eligible to place
orders under Schedule 84. In Fiscal Year 2007, approximately 85
percent (1,061) of GSA Schedule 84 contractors were small
businesses, and approximately 54 percent ($1,206,816,656) of
Schedule 84 contract sales were reported as small business. All of
the small business Schedule 84 contractors will be allowed, at the
Schedule contractor's option, to accept orders from State and local
governments. Obviously, the expanded authority to order from
Schedule 84 could increase the sales of small business Schedule
contractors. As an example, the Schedule 70 Cooper- ative Purchasing
contract sales reported by small businesses between Fiscal Year 2004
and Fiscal Year 2007 increased from approximately $33.1 million to
$98.3 million. This represented an average of 42 percent of the
total Schedule 70 Cooperative Purchasing contract sales.
It is difficult to identify the number of non-schedule small
businesses that currently sell directly to State and local
governments. The ability of governmental entities to use Schedule 84
may affect the competitive marketplace in which those small
businesses operate. State and local government agencies could
realize lower prices on some products and services, less
administrative burden and shortened procurement lead times. The rule
does not affect or waive State or local government preference
programs. Finally, small governmental jurisdictions will also be
affected. Counties, incorporated municipalities, minor subdivisions,
public housing authorities, school districts, public educational
institutions of higher learning, and Indian tribal governments would
be among those affected if they chose to order from Schedule 84
contracts. Federal Supply Schedule contracts are negotiated as
volume purchase agreements, with generally very favorable pricing.
The ability of small governmental entities to order from Schedule 84
holds out the potential for significant cost savings for those
organizations.
4. Description of projected reporting, recordkeeping, and other
compliance requirements of the rule, including an estimate of the
classes of small entities that will be subject to the requirement
and the type of professional skills necessary for preparation of the
report or record.
The interim rule makes changes in certain provisions or clauses
in order to recognize the fact that authorized non-federal ordering
activities may place orders under the contract. The Office of
Management and Budget under the Paperwork Reduction Act has
previously approved these clauses and the changes do not impact the
information collection or recordkeeping requirements.
5. Identification, to the extent practicable, of all relevant
Federal rules that may duplicate, overlap or conflict with the rule.
The interim rule does not duplicate, overlap, or conflict with
any other Federal rules.
6. Description of any significant alternatives to the interim
rule that accomplish the stated objectives of applicable statutes
and that minimize any significant economic impact of the rule on
small entities.
There are no practical alternatives that will accomplish the
objective of this rule.
The Regulatory Secretariat has submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small Business Administration.
Interested parties may obtain a copy from the Regulatory Secretariat.
The Councils will consider comments from small entities concerning the
affected FAR Parts 511, 516, 532, 538, 546, and 552 in accordance with
5 U.S.C. 610. Interested parties must submit such comments separately
and should cite 5 U.S.C. 601, et seq. (GSAR case 2008-G517), in all
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; however, these changes to
the FAR do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Number 3090-
0250.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the
Administrator of General Services (GSA) that urgent and compelling
reasons exist to promulgate this interim rule without prior opportunity
for public comment. This action is necessary to implement Pub.L. 110-
248, The Local Preparedness Acquisition Act. The Act was signed and
became effective June 26, 2008. In addition, this interim rule will
provide immediate access to Schedule 84 items (e.g., firefighting and
rescue equipment, first responder gear and kits, law enforcement and
security equipment) that may be critical to meet the public safety and
homeland security needs of State and local governments during
hurricanes, fires and incidents related to homeland security. Further,
implementation of this interim rule is an incremental expansion of the
Cooperative Purchasing Program where the processes and procedures are
well established and have been the subject of prior rulemakings.
However, pursuant to Public Law 98-577 and FAR 1.501, the Councils will
consider public comments received in response to this interim rule in
the formation of the final rule.
List of Subjects in 48 CFR Parts 511, 516, 532, 538, 546, and 552.
Government procurement.
Dated: September 15, 2008.
David A. Drabkin,
Senior Procurement Executive, Office of the Chief Acquisition Officer,
General Services Administration.
0
Therefore, GSA amends 48 CFR parts 511, 516, 532, 538, 546, and 552 as
set forth below:
0
1. The authority citation for 48 CFR parts 511, 516, 532, 538, 546, and
552 continues to read as follows:
Authority: 40 U.S.C. 121(c).
PART 511--DESCRIBING AGENCY NEEDS
0
2. Amend section 511.204 by revising paragraphs (c)(3) and (d) to read
as follows:
511.204 Solicitation provisions and contract clauses.
* * * * *
(c) * * *
(3) Include the clause at 552.211-75, Preservation, Packaging and
Packing, in solicitations and contracts for supplies expected to exceed
the simplified acquisition threshold. You may also include the clause
in contracts estimated to be at or below the simplified acquisition
threshold when appropriate. Use Alternate I in solicitations and
contracts for--
(i) Federal Supply Schedule 70;
(ii) The Consolidated Schedule containing information technology
Special Item Numbers;
(iii) Federal Supply Schedule 84; and
(iv) Federal Supply Schedules for recovery purchasing (see
538.7102).
* * * * *
(d) Supply contracts. Include the clause at 552.211-77, Packing
List, in solicitations and contracts for supplies, including purchases
over the micropurchase threshold. Use Alternate I in solicitations and
contracts for--
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule containing information technology
Special Item Numbers;
(3) Federal Supply Schedule 84; and
(4) Federal Supply Schedules for recovery purchasing (see
538.7102).
[[Page 54338]]
PART 516--TYPES OF CONTRACTS
0
3. Amend section 516.506 by revising paragraph (c) to read as follows:
516.506 Solicitation provisions and contract clauses.
* * * * *
(c) Use 552.216-72, Placement of Orders, Alternate III, instead of
Alternate II in solicitations and contracts for--
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule containing information technology
Special Item Numbers; and
(3) Federal Supply Schedule 84.
* * * * *
PART 532--CONTRACT FINANCING
0
4. Amend section 532.206 by revising paragraphs (a) and (b) to read as
follows:
532.206 Solicitation provisions and contract clauses.
(a) Discounts for prompt payment. Include 552.232-8, Discounts for
Prompt Payments, in multiple award schedule solicitations and contracts
instead of the clause at Federal Acquisition Regulation 52.232-8. Use
Alternate I in solicitations and contracts for--
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule containing information technology
Special Item Numbers (SINs); or
(3) Federal Supply Schedule 84; and
(4) Federal Supply Schedules for recovery purchasing (see
538.7102).
(b) The contracting officer shall insert the clause at 552.232-81,
Payments by Non-Federal Ordering Activities, in solicitations and
schedule contracts for--
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule contracts containing information
technology SINs;
(3) FSS Schedule 84; and
(4) Federal Supply Schedules for recovery purchasing (see
538.7102).
* * * * *
0
5. Amend section 532.7003 by revising paragraphs (b) and (c) to read as
follows:
532.7003 Contract clause.
* * * * *
(b) Federal Supply Service contracts. Use Alternate I of the clause
at 552.232-77 for all Federal Supply Schedule solicitations and
contracts, except for--
(1) Federal Supply Schedule 70, Information Technology;
(2) The Consolidated Schedule contracts containing information
technology Special Item Numbers;
(3) Federal Supply Schedule 84; and
(4) Federal Supply Schedule contracts for recovery purchasing (see
538.7102).
(c) Use 552.232-79 instead of 552.232-77 in solicitations and
contracts for--
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule containing information technology
Special Item Numbers;
(3) Federal Supply Schedule 84; and
(4) Federal Supply Schedule contracts for recovery purchasing (see
538.7102).
PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING
0
6. Amend section 538.273 by revising paragraphs (a)(2) and (b)(2) to
read as follows:
538.273 Contract clauses.
(a) * * *
(2) 552.238-71, Submission and Distribution of Authorized FSS
Schedule Pricelists.
(i) Use Alternate I, in solicitations and contracts for--
(A) Federal Supply Schedule 70;
(B) The Consolidated Schedule contracts containing information
technology Special Item Numbers;
(C) Federal Supply Schedule 84; and
(D) Federal Supply Schedules for recovery purchasing (see
538.7102), use Alternate I.
(ii) If GSA is not prepared to accept electronic submissions for a
particular schedule delete--
(A) The paragraph identifier ``(i)'' in (b)(1) and the word ``and''
at the end of paragraph (b)(1)(i); and
(B) Paragraphs (b)(1)(ii) and (b)(3).
* * * * *
(b) * * *
(2) 552.238-75, Price Reductions. Use Alternate I in solicitations
and contracts for--
(i) Federal Supply Schedule 70;
(ii) The Consolidated Schedule containing information technology
Special Item Numbers;
(iii) Federal Supply Schedule 84; and
(iv) Federal Supply Schedules for recovery purchasing (see
538.7102).
0
7. Revise section 538.7000 to read as follows:
538.7000 Scope of subpart.
This subpart prescribes policies and procedures that implement
statutory provisions authorizing non-federal organizations to use--
(a) Federal Supply Schedule 70;
(b) The Consolidated Schedule contracts containing information
technology Special Item Numbers (SINs); and
(c) Federal Supply Schedule 84.
0
8. Amend section 538.7001 by adding, in alphabetical order, the
definition ``Schedule 84'' to read as follows:
538.7001 Definitions.
* * * * *
Schedule 84 means the Federal Supply Schedule for alarm and signal
systems, facility management systems, firefighting and rescue
equipment, law enforcement and security equipment, marine craft and
related equipment, special purpose clothing, and related services (as
contained in Federal Supply Classification Code Group 84 or any amended
or subsequent version of that Federal supply classification group).
* * * * *
0
9. Amend section 538.7002 by redesignating paragraph (c) as paragraph
(d); by adding a new paragraph (c); and by revising the newly
designated paragraph (d) to read as follows:
538.7002 General.
* * * * *
(c) Pub.L. 110-248, The Local Preparedness Acquisition Act,
authorizes the Administrator of General Services to provide for the use
by state or local governments of Federal Supply Schedules of the
General Services Administration (GSA) for alarm and signal systems,
facility management systems, firefighting and rescue equipment, law
enforcement and security equipment, marine craft and related equipment,
special purpose clothing, and related services (as contained in
Schedule 84).
(d) State and local governments are authorized to procure from
Schedule 70 contracts, Consolidated Schedule contracts containing
information technology SINs, and Schedule 84 contracts. A listing of
the participating contractors and SINs for the products and services
that are available through Schedule 70 contracts, the Consolidated
Schedule contracts containing information technology SINs, and Schedule
84 contracts, is available in GSA's Schedules e-Library at www.gsa.gov/elibrary. Click on Schedules e-Library, and under Cooperative
Purchasing, click on ``View authorized vendors.'' The contractors and
the products and services available for Cooperative Purchasing will be
labeled with the Cooperative Purchasing icon.
0
10. Amend section 538.7003 by revising the introductory paragraph to
read as follows:
538.7003 Policy.
Preparing solicitations when schedules are open to eligible non-
federal entities. When opening Schedule 70, the Consolidated Schedule
containing information technology SINs, and Schedule 84, for use by
eligible non-federal entities, the contracting
[[Page 54339]]
officer must make minor modifications to certain Federal Acquisition
Regulation and GSAM provisions and clauses in order to make clear
distinctions between the rights and responsibilities of the U.S.
Government in its management and regulatory capacity pursuant to which
it awards schedule contracts and fulfills associated Federal
requirements versus the rights and responsibilities of eligible
ordering activities placing orders to fulfill agency needs.
Accordingly, the contracting officer is authorized to modify the
following FAR provisions/clauses to delete ``Government'' or similar
language referring to the U.S. Government and substitute ``ordering
activity'' or similar language when preparing solicitations and
contracts to be awarded under Schedule 70, and the Consolidated
Schedule containing information technology SINs, and Schedule 84. When
such changes are made, the word ``(DEVIATION)'' shall be added at the
end of the title of the provision or clause. These clauses include but
are not limited to:
* * * * *
0
11. Revise section 538.7004 to read as follows:
538.7004 Solicitation provisions and contract clauses.
(a) The contracting officer shall insert the clause at 552.238-77,
Definition (Federal Supply Schedules), in solicitations and contracts
for--
(1) Schedule 70;
(2) The Consolidated Schedule containing information technology
SINs; and
(3) Schedule 84.
(b) The contracting officer shall insert the clause at 552.238-78,
Scope of Contract (Eligible Ordering Activities), in solicitations and
contracts for--
(1) Schedule 70; and
(2) The Consolidated Schedule containing information technology
SINs; and
(3) Schedule 84.
(c) The contracting officer shall insert the clause at 552.238-79,
Use of Federal Supply Schedule Contracts by Certain Entities--
Cooperative Purchasing, in solicitations and contracts for--
(1) Schedule 70;
(2) The Consolidated Schedule containing information technology
SINs; and
(3) Schedule 84.
(d) See 552.101-70 for authorized FAR deviations.
PART 546--QUALITY ASSURANCE
0
12. Amend section 546.710 by revising paragraph (b) to read as follows:
546.710 Contract clauses.
* * * * *
(b) Multiple award schedules. Insert the clause at 552.246-73,
Warranty--Multiple Award Schedule, in solicitations and contracts. Use
Alternate I in solicitations and contracts for--
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule containing information technology
Special Item Numbers;
(3) Federal Supply Schedule 84; and
(4) Federal Supply Schedules for recovery purchasing (see
538.7102).
* * * * *
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
13. Amend section 552.238-78 by revising the date of the clause and
paragraph (d) to read as follows:
552.238-78 Scope of Contract (Eligible Ordering Activities).
* * * * *
SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (SEP 2008)
* * * * *
(d) The following activities may place orders against Schedule
70 contracts, and Consolidated Schedule contracts containing
information technology Special Item Numbers, and Schedule 84
contracts, on an optional basis; PROVIDED, the Contractor accepts
order(s) from such activities: State and local government, includes
any state, local, regional or tribal government or any
instrumentality thereof (including any local educational agency or
institution of higher learning).
* * * * *
(End of clause)
[FR Doc. E8-21927 Filed 9-18-08; 8:45 am]
BILLING CODE 6820-61-S