[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Proposed Rules]
[Pages 54126-54144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21326]



[[Page 54125]]

Vol. 79

Wednesday,

No. 175

September 10, 2014

Part III





General Services Administration





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48 CFR Parts 515, 538, and 552





General Services Administration Acquisition Regulation; Federal Supply 
Schedule Contracting (Administrative Changes); Proposed Rule

  Federal Register / Vol. 79 , No. 175 / Wednesday, September 10, 2014 
/ Proposed Rules  

[[Page 54126]]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 515, 538, and 552

[GSAR Case 2013-G502; Docket 2014-0009; Sequence 1]
RIN 3090-AJ41


General Services Administration Acquisition Regulation; Federal 
Supply Schedule Contracting (Administrative Changes)

AGENCY: Office of Acquisition Policy, General Services Administration.

ACTION: Proposed rule with request for comments.

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SUMMARY: The General Services Administration (GSA) is proposing to 
amend the General Services Administration Acquisition Regulation (GSAR) 
to clarify and update the contracting by negotiation GSAR section and 
incorporate existing Federal Supply Schedule Contracting policies and 
procedures, and corresponding provisions and clauses.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before November 10, 2014 to be considered 
in the formulation of a final rule.

ADDRESSES: Submit comments identified by GSAR Case 2013-G502, Federal 
Supply Schedule Contracting (Administrative Changes), by any of the 
following methods:
     Regulations.gov: http://www.regulations.gov.
    Submit comments by searching for ``GSAR Case 2013-G502''. Select 
the link ``Comment Now'' and follow the instructions provided at the 
``You are commenting on'' screen. Please include your name, company 
name (if any), and ``GSAR Case 2013-G502'', on your attached document.
     Fax: 202-501-4067.
     Mail: U.S. General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street, NW., 2nd Floor, ATTN: Hada 
Flowers, Washington, DC 20405-0001.
    Instructions: Please submit comments only and cite GSAR Case 2013-
G502 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: Ms. Dana Munson, General Services 
Acquisition Policy Division, GSA, 202-357-9652 or email 
[email protected], for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite GSAR Case 2013-G502.

SUPPLEMENTARY INFORMATION: 

I. Background

    GSA is proposing to amend the General Services Administration 
Acquisition Regulation (GSAR) to update the text addressing GSAR part 
515, Contracting by Negotiation, GSAR part 538, Federal Supply Schedule 
Contracting, and corresponding provisions and clauses in GSAR part 552, 
Solicitation Provisions and Contract Clauses.
    GSAR Part 538 will be amended to include MAS policies contained in 
FAS Acquisition Letters (ALs) and Instructional Letters (ILs). Bringing 
these policies into the GSAM will allow for greater transparency and an 
opportunity for the public to comment on these longstanding procedures.
    The proposed changes included in this rulemaking are as follows:
    1. GSAR 538.273 is restructured to be more consistent with the 
formation of Federal Supply Schedule (FSS) solicitations and contracts. 
The previous structure of GSAR 538.273 was based upon whether the FSS 
was single-award or multiple-award. A more practical structure outlines 
where each provision or clause shall be located in FSS solicitations 
and contracts (e.g., as an addendum to FAR clause 52.212-1 or 52.212-
4).
    2. Thirty five (35) new FSS-specific clauses and provisions, 
previously implemented through internal FAS policy and currently in FSS 
solicitations and contracts will be incorporated into GSAR parts 538 
and 552. Bringing these clauses and provisions into the GSAM allows for 
greater transparency, and consolidates all regulations into one area, 
while updating administrative information to ensure currency and 
consistency within the FSS program. This also allows the public an 
opportunity to comment on these longstanding procedures. The thirty-
five (35) new clauses, prescriptions, and a brief description are as 
follows:

------------------------------------------------------------------------
                                                           Description/
                                                          Purpose of the
    New #         New name       Prescription       provision/
                                                              Clause
------------------------------------------------------------------------
552.238-82..........  Delivery         Use only in FSS   This clause
                       Schedule.        solicitations     provides to
                                        and contracts     the Offeror
                                        for supplies.     the
                                                          requirement to
                                                          address normal
                                                          commercial
                                                          delivery times
                                                          in its offer.
552.238-83..........  GSA Advantage!.  Use in all FSS    This clause
                                        solicitations     outlines to
                                        and contracts     the Contractor
                                        except the        that it must
                                        Department of     participate in
                                        Veterans          the GSA
                                        Affairs Federal   Advantage![sup
                                        Supply            reg] online
                                        Schedules.        shopping
                                                          service. This
                                                          clause is not
                                                          applicable to
                                                          the Department
                                                          of Veterans
                                                          Affairs.
552.238-84..........  Cover Page for   Use in all FSS    This provision
                       Worldwide        solicitations.    notifies the
                       Federal Supply   Use Alternate I   Offeror of the
                       Schedules.       for single        industry and
                                        award Federal     types of
                                        Supply            products/
                                        Schedules.        services being
                                                          solicited.
552.238-85..........  Significant      Use in all        This provision
                       Changes.         supply and        outlines to
                                        service           Offerors the
                                        solicitation      most recent
                                        refreshes         solicitation
                                        containing        revisions
                                        revisions since   since its
                                        the previous      previous
                                        posting to the    posting to the
                                        Government's      Government's
                                        point of entry.   point of
                                                          entry.
552.238-86..........  Notice of Total  Use in supply     This provision
                       Small Business   and service       notifies small
                       Set-Aside.       solicitations     business
                                        containing        Offerors which
                                        special item      Special Item
                                        numbers (SINs)    Numbers (SINs)
                                        that are set      are set aside.
                                        aside for small
                                        business.
552.238-87..........  Information      Use in all FSS    This provision
                       Collection       solicitations.    informs
                       Requirements.                      Offerors that
                                                          only required
                                                          regulations
                                                          are contained
                                                          in the
                                                          solicitation.

[[Page 54127]]

 
552.238-88..........  Notice:          Use in all FSS    This provision
                       Requests for     solicitations.    contains the
                       Explanation or                     contact
                       Information                        information to
                       and Hours of                       address
                       Operation.                         questions
                                                          regarding the
                                                          solicitation
                                                          and the hours
                                                          of operation.
552.238-90..........  Introduction of  Use only in FSS   This provision
                       New Supplies/    solicitations     notifies
                       Services         allowing the      offerors of
                       (INSS).          introduction of   the method to
                                        new supplies/     propose new
                                        services. Note:   services or
                                        GSA Form 1649,    supplies not
                                        Notification of   covered by the
                                        Federal Supply    Schedule.
                                        Schedule
                                        Improvement,
                                        may be required
                                        if revising a
                                        Special Item
                                        Number (SIN).
552.238-91..........  Authorized       Use in all FSS    This provision
                       Negotiators.     solicitations.    ensures only
                                                          authorized
                                                          personnel
                                                          represent the
                                                          contractor.
552.238-93..........  Use of Non-      Use only in FSS   This provision
                       Government       solicitations     provides
                       Employees to     when non-         notification
                       Review Offers.   government        to Offerors
                                        employees may     that non-
                                        be utilized to    government
                                        review            employees may
                                        solicitation      be utilized to
                                        responses.        review their
                                                          solicitation
                                                          response.
552.238-94..........  Examination of   Use in all FSS    This clauses
                       Records by GSA   solicitations     notifies the
                       (Federal         and contracts.    Offeror that
                       Supply                             GSA shall have
                       Schedule).                         access to and
                                                          the right to
                                                          examine any
                                                          books,
                                                          documents,
                                                          papers, and
                                                          records
                                                          involving
                                                          transactions
                                                          related to its
                                                          FSS contract.
552.238-99..........  Deliveries to    Use only in FSS   This clause
                       the U.S.         solicitations     provides
                       Postal Service.  and contracts     requirements
                                        for mailable      for the
                                        articles when     delivery of
                                        delivery to a     mailable
                                        U.S. Postal       articles
                                        Service (USPS)    delivered
                                        facility is       direct to a
                                        contemplated.     USPS facility.
                                                          The clause
                                                          ensures the
                                                          use of the
                                                          USPS to reduce
                                                          unnecessary
                                                          costs of
                                                          shipping.
552.238-100.........  Characteristics  Use only in FSS   This clause
                       of Electric      solicitations     requires the
                       Current.         and contracts     contractor to
                                        when the supply   provide
                                        of equipment      equipment with
                                        which uses        electrical
                                        electrical        currents
                                        current is        suitable for
                                        contemplated.     the location
                                                          in which the
                                                          equipment is
                                                          to be used, as
                                                          specified on
                                                          the order.
552.238-101.........  Marking and      Use only in FSS   This clause
                       Documentation    solicitations     defines the
                       Requirements     and contracts     responsibility
                       for Shipping.    for supplies      of ordering
                                        when the need     activities and
                                        for outlining     contractors
                                        the minimum       for the
                                        information and   marking and
                                        documentation     documentation
                                        required for      of shipping
                                        shipping is       information.
                                        contemplated.
552.238-102.........  Inspection.....  Use only in FSS   This clause
                                        solicitations     informs
                                        and contracts     contractors
                                        when all items    that items are
                                        are to be         to be
                                        inspected at a    inspected at a
                                        destination by    destination by
                                        a Government      an authorized
                                        representative.   Government
                                        Use Alternate I   representative
                                        when it is        . Alternate I
                                        anticipated       includes terms
                                        that additional   and conditions
                                        terms and         regarding
                                        conditions        responsibility
                                        regarding         for rejected
                                        responsibility    supplies and
                                        for rejected      additional
                                        supplies and      costs for
                                        additional        inspection and
                                        costs for         testing.
                                        inspection and
                                        testing are
                                        required.
552.238-103.........  Vendor Managed   Use only in FSS   This clause
                       Inventory        solicitations     allows
                       (VMI) Program    and contracts     Contractors
                       (MAS).           for supplies      that
                                        when a VMI        commercially
                                        Program is        provide a VMI
                                        contemplated.     type system to
                                                          enter into
                                                          similar
                                                          partnerships
                                                          with customers
                                                          under a
                                                          Blanket
                                                          Purchase
                                                          Agreements.
552.238-104.........  Order            Use only in FSS   This clause
                       Acknowledgemen   solicitations     requires
                       t.               and contracts     Contractors to
                                        for supplies.     acknowledge
                                                          orders which
                                                          state ``Order
                                                          Acknowledgemen
                                                          t Required''
                                                          within 10
                                                          calendar days
                                                          after receipt
                                                          to the
                                                          ordering
                                                          activity
                                                          placing the
                                                          order and
                                                          contain
                                                          information
                                                          pertinent to
                                                          the order,
                                                          including the
                                                          anticipated
                                                          delivery date.
552.238-105.........  Urgent           Use only in FSS   This clause
                       Requirements.    solicitations     assists with
                                        and contracts     ordering
                                        for supplies.     activities to
                                                          receive
                                                          accelerated
                                                          delivery when
                                                          the FSS
                                                          contract
                                                          delivery
                                                          period does
                                                          not meet the
                                                          bona fide
                                                          urgent
                                                          delivery
                                                          requirements
                                                          of an ordering
                                                          activity.
552.238-106.........  Post-Award       Use only in FSS   This clause
                       Samples.         solicitations     instructs the
                                        and contracts     Contractor of
                                        for the           submission
                                        acquisition of    requirements.
                                        carpet.

[[Page 54128]]

 
552.238-107.........  Restriction on   Use only in FSS   This clause
                       the Acceptance   solicitations     sets
                       of Orders.       and contracts     restrictions
                                        for               on orders and
                                        electrostatic     deliveries in
                                        copying           connection
                                        equipment,        with the
                                        supplies          United States
                                        (toner,           Navy and the
                                        developer,        Military
                                        fuser oil) for    Sealift
                                        such equipment,   Command.
                                        repair or
                                        replacement
                                        parts for such
                                        equipment, and
                                        maintenance or
                                        repair service
                                        for such
                                        equipment.
552.238-108.........  Separate Charge  Use only in FSS   This clause
                       for              solicitations     ensures both
                       Performance      and contracts     parties,
                       Oriented         for items         contractors
                       Packaging        defined as        and ordering
                       (POP).           hazardous under   activities,
                                        Federal           are aware of a
                                        Standard No.      separate
                                        313.              charge for
                                                          preservation,
                                                          packaging,
                                                          packing and
                                                          marking and
                                                          labeling of
                                                          domestic and
                                                          overseas
                                                          HAZMAT SURFACE
                                                          SHIPMENTS.
552.238-109.........  Additional       Use only in FSS   This clause
                       Service Charge   solicitations     ensures both
                       for Delivery     and contracts     parties,
                       Within           for supplies      contractors
                       Consignee's      when allowing     and ordering
                       Premises.        offerors to       activities,
                                        propose           are aware of a
                                        separate          separate
                                        charges for       charges for
                                        deliveries        deliveries
                                        within the        within the
                                        consignee's       consignee's
                                        premises.         premises.
552.238-110.........  Shipping Points  Use only in FSS   This clause
                                        solicitations     instructs the
                                        and contracts     Offeror to
                                        for supplies      provide
                                        when F.O.B.       shipping
                                        Origin            information,
                                        shipments are     inclusive of
                                        contemplated.     carrier and
                                                          address, for
                                                          F.O.B. Origin
                                                          shipments.
552.238-111.........  Contact for      Use in all FSS    This clause
                       Contract         solicitations     instructs
                       Administration.  and contracts.    Offerors to
                                                          provide points
                                                          of contact for
                                                          domestic and/
                                                          or overseas
                                                          contact
                                                          information
                                                          for contract
                                                          administration
                                                          .
552.238-112.........  Clauses for      Use only in FSS   This clause
                       Overseas         solicitations     ensures all
                       Coverage.        and contracts     applicable
                                        when overseas     overseas
                                        acquisition is    clauses are
                                        contemplated.     included in
                                        The following     the
                                        clauses and       solicitation
                                        provisions        and contract.
                                        shall also be
                                        inserted in
                                        full text, when
                                        applicable.
552.238-113.........  Parts and        Use in all FSS    This clause is
                       Service.         solicitations     used to ensure
                                        and contracts.    that the parts
                                                          and services
                                                          (including the
                                                          performance of
                                                          warranty or
                                                          guarantee
                                                          service)
                                                          submitted by
                                                          Offerors
                                                          (dealers/
                                                          distributors)
                                                          is good for
                                                          the entire
                                                          contract
                                                          period.
552.238-114.........  Delivery Prices  Use only in FSS   This clause is
                       Overseas.        solicitations     for use for
                                        and contracts     F.O.B.
                                        when overseas     Destination in
                                        acquisition is    overseas
                                        contemplated.     deliveries to
                                                          ensure that
                                                          all parties
                                                          are aware of
                                                          delivery
                                                          terms.
552.238-115.........  Transshipments.  Use in all FSS    This clause
                                        solicitations     states the
                                        and contracts.    terms and
                                                          conditions for
                                                          transshipments
                                                          , and provides
                                                          information to
                                                          contractors
                                                          with the
                                                          necessary
                                                          Department of
                                                          Defense forms.
552.238-116.........  Foreign Taxes    Use only in FSS   This clause
                       and Duties.      solicitations     delineates
                                        and contracts     which fees,
                                        when overseas     taxes and
                                        acquisition is    other foreign
                                        contemplated.     governmental
                                                          costs are
                                                          exempt/non-
                                                          exempt by the
                                                          U.S.
                                                          Government.
552.238-117.........  English          Use in all FSS    This clause is
                       Language and     solicitations     used to
                       U.S. Dollar      and contracts.    instruct
                       Requirements.                      Contractors
                                                          that all
                                                          documents
                                                          shall be
                                                          produced in
                                                          the English
                                                          language,
                                                          including, but
                                                          not limited
                                                          to, price
                                                          lists and
                                                          catalogs.
552.238-118.........  Delivery Prices  Use in all FSS    This clause
                                        solicitations     ensures all
                                        and contracts.    parties are
                                                          aware of the
                                                          delivery terms
                                                          of the
                                                          contract.
552.238-119.........  Federal Excise   Use only in FSS   This clause
                       Tax.             solicitations     instructs
                                        and contracts     ordering
                                        for tire and      activities on
                                        tube              the procedures
                                        acquisitions.     for invoicing
                                                          the Federal
                                                          Excise Tax,
                                                          and requires
                                                          contractors to
                                                          quote this tax
                                                          separately.
552.238-120.........  Guarantee......  Use only in FSS   This clause
                                        solicitations     outlines the
                                        and contracts     guarantee
                                        for major         afforded to
                                        appliances.       the Government
                                                          for a period
                                                          of one year
                                                          from the date
                                                          of delivery.
552.238-121.........  Electronic       Use in all FSS    This clause
                       Commerce.        solicitations     outlines the
                                        and contracts     use of
                                        except the        electronic
                                        Department of     commerce/data
                                        Veterans          interchange to
                                        Affairs Federal   conduct
                                        Supply            contract
                                        Schedules.        processes and
                                                          procedures.

[[Page 54129]]

 
552.238-122.........  Imprest Funds    Use in all FSS    This clause
                       (Petty Cash).    solicitations     outlines to
                                        and contracts.    the Contractor
                                                          that it agrees
                                                          to accept cash
                                                          payment for
                                                          purchases
                                                          under the
                                                          terms of the
                                                          contract in
                                                          accordance
                                                          with FAR
                                                          13.305.
552.238-123.........  Dissemination    Use in all FSS    This clause
                       of Information   solicitations     provides to
                       by Contractor.   and contracts.    the Contractor
                                                          the
                                                          responsibility
                                                          of
                                                          distributing
                                                          Authorized
                                                          Federal Supply
                                                          Schedule Price
                                                          Lists to all
                                                          authorized
                                                          sales outlets.
552.238-124.........  Deliveries       Use only in FSS   This clause
                       Beyond the       solicitations     allows orders
                       Contractual      and contracts     to be
                       Period--Placin   for supplies.     processed if
                       g of Orders.                       they were
                                                          received prior
                                                          to the
                                                          expiration of
                                                          the contract.
552.238-125.........  Interpretation   Use in all FSS    This indicates
                       of Contract      solicitations     that only
                       Requirements.    and contracts.    written
                                                          clarifications
                                                          regarding
                                                          interpretation
                                                          of contract
                                                          clauses may
                                                          only be made
                                                          by the
                                                          Contracting
                                                          Officer or his/
                                                          her designated
                                                          representative
                                                          .
552.238-126.........  Export Traffic   Use in FSS        This clause
                       Release          solicitations     informs
                       (Supplies).      and contracts     contractors of
                                        for supplies,     the
                                        except            requirements
                                        vehicles.         for exporting
                                                          items under
                                                          the contract.
552.238-127.........  Export Traffic   Use only in FSS   This clause
                       Release          solicitations     informs
                       (Vehicles).      and contracts     contractors of
                                        for vehicles.     the
                                                          requirements
                                                          for exporting
                                                          vehicles under
                                                          the contract.
552.238-128.........  Carload          Use only in FSS   This clause
                       Shipments.       solicitations     provides the
                                        and contracts     requirements
                                        for vehicles.     to ship cars
                                                          by rail.
552.238-129.........  Spare Parts Kit  Use only in FSS   This clause
                                        solicitations     ensures
                                        and contracts     requirements
                                        for items         for spare part
                                        requiring spare   kits are
                                        part kits.        understood by
                                                          all parties.
552.238-130.........  Authentication   Use in Federal    This clause
                       Supplies and     Supply Schedule   outlines
                       Services.        70                requirements
                                        solicitations     for the
                                        only, and only    Homeland
                                        contracts         Security
                                        awarded Special   Presidential
                                        Item Numbers      Directive 12
                                        (SINs)            (HSPD-12).
                                        associated with
                                        the Homeland
                                        Security
                                        Presidential
                                        Directive 12
                                        (HSPD-12).
552.238-131.........  Commercial       Use only in FSS   This clause
                       Satellite        solicitations     provides
                       Communication    and contracts     minimum
                       (COMSATCOM)      for COMSATCOM     requirements
                       Services.        services.         for COMSATCOM
                                                          services.
552.238-132.........  Environmental    Use only in FSS   This clause
                       Protection       solicitations     ensures items
                       Agency           and contracts     in FSC Group
                       Registration     for supplies      68 items
                       Requirement.     when items may    (insecticides,
                                        require           etc.) are
                                        registration      properly
                                        with the          registered
                                        Environmental     with EPA.
                                        Protection
                                        Agency.
------------------------------------------------------------------------

    3. Prescriptions for the following seven (7) existing clauses are 
updated to reflect current practices:

------------------------------------------------------------------------
                                                           Description/
                                                          Purpose of the
        Clause               Name         Prescription      provision/
                                                              Clause
------------------------------------------------------------------------
552.238-70...........  Identification   Use only in FSS  This clause
                        of Electronic    solicitations    instructs the
                        Office           for electronic   Offeror to
                        Equipment        office           identify
                        Providing        equipment.       accessible
                        Accessibility                     electronic
                        for the                           office
                        Handicapped.                      equipment
                                                          included in
                                                          its proposal.
552.238-71...........  Submission and   Use in all FSS   This clause
                        Distribution     solicitations    instructs the
                        of Authorized    and contracts.   Offeror on how
                        Federal Supply                    and when to
                        Schedule (FSS)                    submit and
                        Price Lists.                      distribute its
                                                          authorized FSS
                                                          pricelists.
552.238-72...........  Identification   Use only in FSS  This provision
                        of Products      solicitations    instructs the
                        that have        and contracts    Offeror to
                        Environmental    that             identify
                        Attributes.      contemplate      products
                                         items with       included in
                                         environmental    its proposal
                                         attributes.      that have
                                                          environmental
                                                          attributes.
552.238-73...........  Cancellation...  Use in all FSS   This clause
                                         solicitations    provides
                                         and contracts.   instructions
                                                          to the Offeror
                                                          on cancelling
                                                          its FSS
                                                          contracts.
552.238-74...........  Industrial       Use in all FSS   This clause
                        Funding Fee      solicitations    provides
                        and Sales        and contracts.   instructions
                        Reporting.                        to the Offeror
                                                          on submitting
                                                          the IFF.
552.238-75...........  Price            Use in all FSS   This clause
                        Reductions.      solicitations    outlines the
                                         and contracts.   evaluation
                                        Use in all FSS    methodology
                                         solicitations    triggering the
                                         and contracts.   PRC.
                                         Use Alternate
                                         I in
                                         solicitations
                                         and contracts
                                         for--.
                                           (i) Federal
                                            Supply
                                            Schedule
                                            70;.

[[Page 54130]]

 
                                           (ii) The
                                            Consolidate
                                            d Schedule
                                            containing
                                            information
                                            technology
                                            Special
                                            Item
                                            Numbers;.
                                           (iii)
                                            Federal
                                            Supply
                                            Schedule
                                            84; and.
                                           (iv) Federal
                                            Supply
                                            Schedules
                                            for
                                            recovery
                                            purchasing
                                            (see
                                            538.7102)..
552.238-81...........  Modifications    Use in all FSS   This clause
                        (Federal         solicitations    provides to
                        Supply           and contracts.   the Offeror
                        Schedules).     (i) Use           instructions
                                         Alternate I      on adding and
                                         for Federal      deleting,
                                         Supply           special item
                                         Schedules that   numbers,
                                         only accept      products and
                                         eMod.            services from
                                                          its contract.
------------------------------------------------------------------------

    4. Six (6) FSS-specific provisions and clauses that were removed 
from the GSAR as part of a previous General Services Administration 
Acquisition Manual (GSAM) rewrite are reinstated and given new clause 
numbers. Specifically, GSAR Case 2006-G507, ``Rewrite of GSAR Part 538, 
Federal Supply Schedule Contracting,'' was published in the Federal 
Register at 74 FR 4596 on January 26, 2009 and removed the clauses. 
Since then, the clauses have been and are retained by GSA Acquisition 
Letter (AL) V-09-10 (and its supplements). The clauses and provisions 
contained therein are proposed to be reinstated into GSAR Parts 538 and 
552 in order to ensure consistency and transparency and to provide the 
public an opportunity to comment.

                                     The reinstated clauses are as follows:
----------------------------------------------------------------------------------------------------------------
                                                                                                Previous number
                    Clause title                       New GSAR location      New number              (s)
----------------------------------------------------------------------------------------------------------------
Contractor's Remittance (Payment) Address...........       538.273(b)(2)          552.238-89          552.232-82
Evaluation--Commercial Items (Federal Supply               538.273(c)(1)          552.238-92          552.212-73
 Schedule)..........................................
Discount for Prompt Payment (Federal Supply               538.273(d)(10)          552.238-95           552.232-8
 Schedule)..........................................
Contractor's Billing Responsibilities...............      538.273(d)(11)          552.238-96          552.232-83
Payment by Credit Card..............................      538.273(d)(12)          552.238-97          552.232-79
Warranty (Federal Supply Schedule)..................      538.273(d)(13)          552.238-98          552.246-73
----------------------------------------------------------------------------------------------------------------

    5. The GSAR clause at 552.215-71, Examination of Records by GSA 
(Multiple Award Schedule), is relocated to GSAR part 538. As part of 
the GSAR rewrite, GSA is relocating the instructions for using all 
clauses and provisions dealing with the FSS Program to GSAM part 538. 
Bringing these instructions into one area ensures currency and 
consistency within the FSS program. This provides better guidance to 
FSS contracting officers when developing FSS solicitations and 
contracts.
    6. Typographical errors are corrected and minor administrative 
changes are made to GSAR parts 538 and 552 (e.g., renumbers existing 
provisions and clauses, changes ``MAS'' to ``FSS'' to be more 
consistent with the FAR).

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    GSA does not expect this proposed rule to 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 proposed rule will incorporate a number of provisions and 
clauses that are currently in use in FSS solicitations and contracts 
and most contractors are familiar with and are currently complying with 
these practices. However, since this is the first time these proposed 
changes and existing policies and procedures that impact the public are 
being published, an Initial Regulatory Flexibility Analysis (IRFA) has 
been prepared. The Secretariat has submitted a copy of the IRFA to the 
Chief Counsel for Advocacy of the Small Business Administration. A copy 
of the IRFA may be obtained from the Regulatory Secretariat. GSA will 
consider comments from small entities concerning the affected GSAR 
parts in accordance with 5 U.S.C. 610. Comments must be submitted 
separately and shall cite 5 U.S.C. 601, et seq. (GSAR Case 2013-G502), 
in correspondence. The analysis is summarized as follows:

    This IRFA has been prepared consistent with the criteria of 5 
U.S.C. 604.
    There are approximately 20,500 FSS contracts that are affected 
by this proposed change. Of these, approximately eighty percent 
(16,400) of FSS contracts are held by small businesses. The proposed 
rule is unlikely to affect small businesses awarded GSA FSS 
contracts as it implements a number of provisions and clauses 
currently in use in FSS solicitations and contracts, yet not vetted 
via public comment. The information collected is used by FAS to 
evaluate vendors' offers, ordering activities when placing orders 
against the contract, and other FSS vendors to conduct market 
research when submitting proposals. Therefore, this rule does not 
pose any new projected reporting, recordkeeping, or additional 
compliance requirements. Bringing these regulations into the GSAM 
consolidates all regulations into one area, allowing for any future 
changes to receive public comment.

[[Page 54131]]

    There are a total of 31 Schedules, with 14 possessing an array 
of Special Item Numbers (SINs) set-aside for small businesses. 
Overall, small businesses have benefited from GSA providing access 
to the Federal marketplace via the Pre-award phase (Pathway to 
Success), the Post-award phase (New Contractor Orientation), and 
Contractor Assistance Visits (CAVs). FSS contracts are negotiated as 
volume purchase agreements, with generally very favorable pricing. 
The ability of small businesses to receive awards under the FSS 
Program has enabled them to grow in the Federal marketplace as well 
as realize significant cost savings.

IV. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) applies because 
the proposed rule contains information collection requirements. 
Accordingly, the Regulatory Secretariat has submitted a request for 
approval of a new information collection requirement concerning OMB 
Control Number 3090-0303; Administrative Changes to the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

A. Annual Reporting Burden

    The information collected is used by FAS to evaluate vendors' 
offers, ordering activities when placing orders against the contract, 
and other FSS vendors to conduct market research when submitting 
proposals.
    Total public reporting burden for this collection of information is 
estimated to average 2,988 total hours, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Annual reporting burdens include the 
estimated respondents with 1 submission per respondent multiplied by 
preparation hours per response to get the total response burden hours. 
The estimated burden hours to the public for the below clauses are as 
follows:
    The new provision at GSAR 552.238-89, Contractor Remittance 
(Payment) Address, requires the offeror to indicate the payment address 
to which checks shall be mailed for payment of invoices and to identify 
participating dealers and provide their addresses for receiving orders 
and payments on behalf of the contractor.
    Respondents: 20,500.
    Responses per respondent: 1.
    Total annual responses: 20,500.
    Preparation hours per response: 0.0333.
    Total response burden hours: 683.
    The new provision at GSAR 552.238-91, Authorized Negotiators, 
requires the offeror to outline its point-of-contact information for 
negotiations.
    Respondents: 20,500.
    Responses per respondent: 1.
    Total annual responses: 20,500.
    Preparation hours per response: 0.0333.
    Total response burden hours: 683.
    The new clause at GSAR 552.238-95, Discounts for Prompt Payment 
(Federal Supply Schedules), requires the offeror to provide the 
Government a discount for early payment, if applicable.
    Respondents: 20,500.
    Responses per respondent: 1.
    Total annual responses: 20,500.
    Preparation hours per response: 0.0167.
    Total response burden hours: 342.
    The new clause at GSAR 552.238-108, Separate Charge for Performance 
Oriented Packaging, requires the offeror to list any separate charge 
for preservation, packaging, packing and marking, and labeling of 
domestic and overseas HAZMAT surface shipments.
    Respondents: 8,000.
    Responses per respondent: 1.
    Total annual responses: 8,000.
    Preparation hours per response: 0.0167.
    Total response burden hours: 134.
    The new clause at GSAR 552.238-109, Additional Service Charge for 
Delivery within Consignee's Premises, requires the offeror to list any 
separate cost for shipping when the delivery is within the consignee's 
premises (inclusive of items that are comparable in size and weight).
    Respondents: 8,000.
    Responses per respondent: 1.
    Total annual responses: 8,000.
    Preparation hours per response: 0.0167.
    Total response burden hours: 134.
    The new clause at GSAR 552.238-110, Shipping Points, requires the 
offeror to provide shipping information, inclusive of carrier and 
address, for F.O.B. Origin shipments.
    Respondents: 8,000.
    Responses per respondent: 1.
    Total annual responses: 8,000.
    Preparation hours per response: 0.0167.
    Total response burden hours: 134.
    The new clause at 552.238-111, Contact for Contract Administration, 
requires the offeror to provide points of contact for domestic and/or 
overseas contact information.
    Respondents: 20,500.
    Responses per respondent: 1.
    Total annual responses: 20,500.
    Preparation hours per response: 0.0167.
    Total response burden hours: 342.
    The new clause at 552.238-113, Parts and Service, requires the 
offeror to include in the price list, the names and addresses of all 
supply and service points maintained in the geographic area in which 
the offeror will perform, whether or not a complete stock of repair 
parts for items offered is carried at that point, and whether or not 
mechanical service is available.
    Respondents: 8,000.
    Responses per respondent: 1.
    Total annual responses: 8,000.
    Preparation hours per response: 0.0167.
    Total response burden hours: 134.
    The new clause at 552.238-114, Delivery Prices Overseas, requires 
the offeror to identify the intended geographic area(s)/countries/zones 
which are to be covered.
    Respondents: 8,000.
    Responses per respondent: 1.
    Total annual responses: 8,000.
    Preparation hours per response: 0.0167.
    Total response burden hours: 134.
    The new clause at 552.238-118, Delivery Prices, requires the 
offeror to identify the intended geographic area(s)/countries/zones 
that are to be covered.
    Respondents: 8,000.
    Responses per respondent: 1.
    Total annual responses: 8,000.
    Preparation hours per response: 0.0167.
    Total response burden hours: 134.
    The new clause at 552.238-134, Environmental Protection Agency 
Registration Requirement, requires the offeror to list the 
manufacturer's and/or distributor's name and EPA Registration Number 
for each item requiring registration with the EPA.
    Respondents: 8,000.
    Responses per respondent: 1.
    Total annual responses: 8,000.
    Preparation hours per response: 0.0167.
    Total response burden hours: 134.
    The new clause at GSAR 552.238-96, Contractor's Billing 
Responsibilities, contains a recordkeeping requirement that is subject 
to the Paperwork Reduction Act (44 U.S.C. 3501, et seq.). The clause 
provides for the contractor to require all dealers participating in the 
performance of the contract to agree to maintain certain records on 
sales made under the contract on behalf of the contractor. However, it 
does not add burden to what is already estimated for the existing GSAR 
clause at 552.238-74, Industrial Funding Fee and Sales Reporting by a 
previous information collection (see OMB Control Number 3090-0121; 
Industrial Funding Fee and Sales Reporting).

B. Requests for Comments Regarding Paperwork Burden

    Submit comments, including suggestions for reducing this burden,

[[Page 54132]]

not later than November 10, 2014 to: GSA Desk Officer, OMB, Room 10102, 
NEOB, Washington, DC 20503, and a copy to the General Services 
Administration, Regulatory Secretariat Division (MVCB), ATTN: Ms. 
Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405.
    Public comments are particularly invited on: whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, and will have practical utility; whether our 
estimate of the public burden of this collection of information is 
accurate, and based on valid assumptions and methodology; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways in which we can minimize the burden of the 
collection of information on those who are to respond, through the use 
of appropriate technological collection techniques or other forms of 
information technology.
    Requesters may obtain a copy of the supporting statement from the 
General Services Administration, Regulatory Secretariat (MVCB), ATTN: 
Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405.
    Please cite OMB Control Number 9000-0303, (GSAR) Administrative 
Changes; GSAR Case 2013-G502, in all correspondence.

List of Subjects in 48 CFR Parts 515, 538, and 552

    Government procurement.

    Dated: August 20, 2014.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy.

    Therefore, GSA proposes to amend 48 CFR parts 515, 538, and 552 as 
set forth below:

PART 515--CONTRACTING BY NEGOTIATION

0
1. The authority citation for 48 CFR part 515 is revised to read as 
follows:

    Authority:  40 U.S.C. 121(c).


515.209-70  [Amended]

0
2. Amend section 515.209-70 by removing the undesignated center heading 
``Clause for Multiple Award Schedules'' and paragraphs (c) and (d).

PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING

0
3. The authority citation for 48 CFR part 538 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c).

0
4. Amend section 538.270 by revising the section heading; and removing 
from the introductory text of paragraph (c) and paragraph (c)(7) 
``MAS'' and adding ``FSS'' in their places. The revised heading reads 
as follows:


538.270  Evaluation of Federal Supply Schedule (FSS) offers.

* * * * *
0
5. Amend section 538.271 by revising the section heading; and removing 
from paragraphs (a) and (b) ``MAS'' and adding ``FSS'' in their places. 
The revised heading reads as follows:


538.271  FSS contract awards.

* * * * *
0
6. Amend section 538.272 by revising the section heading to read as 
follows:


538.272  FSS price reductions.

* * * * *
0
7. Revise section 538.273 to read as follows:


538.273  FSS solicitation provisions and contract clauses.

    (a) As prescribed in this section, insert the following provisions 
in the beginning of FSS solicitations:
    (1) 552.238-84, Cover Page for Federal Supply Schedules. Use in all 
FSS solicitations. Use Alternate I for single award Federal Supply 
Schedules.
    (2) 552.238-85, Significant Changes. Use in all supply and service 
solicitation refreshes containing revisions since the previous posting 
to the Government's point of entry.
    (3) 552.238-86, Notice of Total Small Business Set-Aside. Use in 
supply and service solicitations containing one or more special item 
numbers (SINs) that are set aside for small business.
    (4) 552.238-87, Information Collection Requirements. Use in all FSS 
solicitations.
    (5) 552.238-88, Notice: Requests for Explanation or Information and 
Hours of Operation. Use in all FSS solicitations.
    (b) As prescribed in this section, insert the following provisions 
as an addendum to 52.212-1, Instructions to Offerors--Commercial Items:
    (1) 552.238-70, Identification of Electronic Office Equipment 
Providing Accessibility for the Handicapped. Use only in FSS 
solicitations for electronic office equipment.
    (2) 552.238-89, Contractor's Remittance (Payment) Address. Use in 
all FSS solicitations.
    (3) 552.238-90, Introduction of New Supplies/Services (INSS). Use 
in all FSS solicitations. Note: GSA Form 1649, Notification of Federal 
Supply Schedule Improvement, may be required if revising a Special Item 
Number (SIN).
    (4) 552.238-91, Authorized Negotiators. Use in all FSS 
solicitations.
    (c) As prescribed in this section, insert the following provisions 
as an addendum to 52.212-2, Evaluation--Commercial Items, when required 
within the scope of the solicitation:
    (1) 552.238-92, Evaluation--Commercial Items (Federal Supply 
Schedules). Use in FSS standing solicitations. Use Alternate I for non-
standing FSS solicitations.
    (2) 552.238-93, Use of Non-Government Employees to Review Offers. 
Use only in FSS solicitations when non-government employees may be 
utilized to review solicitation responses.
    (d) As prescribed in this section, insert the following clauses as 
an addendum to Clause 52.212-4, Contract Terms and Conditions--
Commercial Items:
    (1) 552.238-71, Submission and Distribution of Authorized Federal 
Supply Schedule (FSS) Price Lists. Use in all FSS solicitations and 
contracts.
    (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).
    (2) 552.238-72, Identification of Products that have Environmental 
Attributes. Use only in FSS solicitations and contracts that 
contemplate items with environmental attributes.
    (3) 552.238-73, Cancellation. Use in all FSS solicitations and 
contracts.
    (4) 552.238-74, Industrial Funding Fee and Sales Reporting. Use in 
all FSS solicitations and contracts.
    (5) 552.238-75, Price Reductions. Use in all FSS solicitations and 
contracts. 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).
    (6) 552.238-81, Modifications (Federal Supply Schedules). Use in 
all FSS solicitations and contracts. Use Alternate I for Federal Supply 
Schedules that only accept eMod.

[[Page 54133]]

    (7) 552.238-82, Delivery Schedule. Use only in FSS solicitations 
and contracts for supplies.
    (8) 552.238-83 GSA Advantage![supreg]. Use in all FSS solicitations 
and contracts except the Department of Veterans Affairs Federal Supply 
Schedules.
    (9) 552.238-94 Examination of Records by GSA Federal Supply 
Schedules. Use in all FSS solicitations and contracts. With the Senior 
Procurement's Executive approval, the Contracting Officer may modify 
the clause at 552.238-9 to 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. The following 
procedures apply:
    (i) Such a modification of the clause must provide for the right of 
access to expire 2 years after award or modification.
    (ii) Before modifying the clause, the Contracting Officer must make 
a determination that absent such access there is a likelihood of 
significant harm to the Government and submit it to the Senior 
Procurement Executive for approval.
    (iii) The determinations under paragraph (d)(2) of this section 
must be made on a schedule-by-schedule basis.
    (10) 552.238-95, Discounts for Prompt Payments (Federal Supply 
Schedules). Use in all FSS solicitations and contracts.
    (11) 552.238-96, Contractor's Billing Responsibilities. Use in all 
FSS solicitations and contracts.
    (12) 552.238-97, Payment by Credit Card. Use in all FSS 
solicitations and contracts.
    (13) 552.238-98, Warranty (Federal Supply Schedules). Use in all 
FSS solicitations and contracts.
    (14) 552.238-99, Deliveries to the U.S. Postal Service. Use only in 
FSS solicitations and contracts for mailable articles when delivery to 
a U.S. Postal Service (USPS) facility is contemplated.
    (15) 552.238-100, Characteristics of Electric Current. Use only in 
FSS solicitations and contracts when the supply of equipment which uses 
electrical current is contemplated.
    (16) 552.238-101, Marking and Documentation Requirements for 
Shipping. Use only in FSS solicitations and contracts for supplies when 
the need for outlining the minimum information and documentation 
required for shipping is contemplated.
    (17) 552.238-102, Inspection. Use only in FSS solicitations and 
contracts when all items are to be inspected at a destination by a 
Government representative. Use Alternate I when it is anticipated that 
additional terms and conditions regarding responsibility for rejected 
supplies and additional costs for inspection and testing are required.
    (18) 552.238-103, Vendor Managed Inventory (VMI) Program. Use only 
in FSS solicitations and contracts for supplies when a VMI Program is 
contemplated.
    (19) 552.238-104, Order Acknowledgement. Use only in FSS 
solicitations and contracts for supplies.
    (20) 552.238-105, Urgent Requirements. Use only in FSS 
solicitations and contracts for supplies.
    (21) 552.238-106, Post-Award Samples. Use only in FSS solicitations 
and contracts for the acquisition of carpet.
    (22) 552.238-107, Restriction on the Acceptance of Orders. Use only 
in FSS solicitations and contracts for electrostatic copying equipment, 
supplies (toner, developer, fuser oil) for such equipment, repair or 
replacement parts for such equipment, and maintenance or repair service 
for such equipment.
    (23) 552.238-108, Separate Charge for Performance Oriented 
Packaging (POP). Use only in FSS solicitations and contracts for items 
defined as hazardous under Federal Standard No. 313.
    (24) 552.238-109, Additional Service Charge for Delivery within 
Consignee's Premises. Use only in FSS solicitations and contracts for 
supplies when allowing offerors to propose separate charges for 
deliveries within the consignee's premises.
    (25) 552.238-110, Shipping Points. Use only in FSS solicitations 
and contracts for supplies when F.O.B. Origin shipments are 
contemplated.
    (26) 552.238-111, Contact for Contract Administration. Use in all 
FSS solicitations and contracts.
    (27) 552.238-112, Clauses for Overseas Coverage. Use only in FSS 
solicitations and contracts when overseas acquisition is contemplated. 
The following clauses and provisions shall also be inserted in full 
text, when applicable.
    (i) 52.214-34, Submission of Offers in the English Language.
    (ii) 52.214-35, Submission of Offers in U.S. Currency.
    (iii) 52.247-34, FOB Destination.
    (iv) 52.247-38, FOB Inland Carrier, Country of Exportation.
    (v) 52.247-39, FOB Inland Point, Country of Importation.
    (vi) 552.238-100, Characteristics of Electric Current.
    (vii) 552.238-101, Marking and Documentation Requirements Per 
Shipment.
    (viii) 552.238-113, Parts and Service.
    (ix) 552.238-114, Delivery Prices Overseas.
    (x) 552.238-115, Transshipments.
    (xi) 552.238-116, Foreign Taxes and Duties.
    (28) 552.238-117, English Language and U.S. Dollar Requirements. 
Use in all FSS solicitations and contracts.
    (29) 552.238-118, Delivery Prices. Use in all FSS solicitations and 
contracts.
    (30) 552.238-119, Federal Excise Tax. Use only in FSS solicitations 
and contracts for tire and tube acquisitions.
    (31) 552.238-120, Guarantee. Use only in FSS solicitations and 
contracts for major appliances.
    (32) 552.238-121, Electronic Commerce. Use in all FSS solicitations 
and contracts except the Department of Veterans Affairs Federal Supply 
Schedules.
    (33) 552.238-122, Imprest Funds (Petty Cash). Use in all FSS 
solicitations and contracts.
    (34) 552.238-123, Dissemination of Information by Contractor. Use 
in all FSS solicitations and contracts.
    (35) 552.238-124, Deliveries Beyond the Contractual Period--Placing 
of Orders. Use only in FSS solicitations and contracts for supplies.
    (36) 552.238-125, Interpretation of Contract Requirements. Use in 
all FSS solicitations and contracts.
    (37) 552.238-126, Export Traffic Release (Supplies). Use in FSS 
solicitations and contracts for supplies, except vehicles.
    (38) 552.238-127, Export Traffic Release (Vehicles). Use only in 
FSS solicitations and contracts for vehicles.
    (39) 552.238-128, Carload Shipments. Use only in FSS solicitations 
and contracts for vehicles.
    (40) 552.238-129, Spare Parts Kit. Use only in FSS solicitations 
and contracts for items requiring spare part kits.
    (41) 552.238-130, Authentication Supplies and Services. Use in 
Federal Supply Schedule 70 solicitations only. When the Federal Supply 
Schedule 70 contract is awarded, use only if the awarded contract 
includes Special Item Numbers (SINs) associated with the Homeland 
Security Presidential Directive 12 (HSPD-12).
    (42) 552.238-131, Commercial Satellite Communication (COMSATCOM) 
Services. Use only in FSS solicitations and contracts for COMSATCOM 
services.
    (43) 552.238--132, Environmental Protection Agency Registration 
Requirement. Use only in FSS solicitations and contracts for supplies 
when items may require registration with the Environmental Protection 
Agency.

[[Page 54134]]

0
8. Amend section 538.7004 by revising paragraphs (a), (b), and (c) to 
read as follows:


538.7004  Solicitation provisions and contract clauses.

    (a) As an addendum to 52.212-4, Contract Terms and Conditions--
Commercial Items the contracting officer shall insert the clause at 
552.238-77, Definition (Federal Supply Schedules), in solicitations and 
contracts for:
    (1) Federal Supply Schedule 70;
    (2) The Consolidated Schedule containing information technology 
SINs; and
    (3) Federal Supply Schedule 84.
    (b) As an addendum to 52.212-4, Contract Terms and Conditions--
Commercial Items the contracting officer shall insert the clause at 
552.238-78, Scope of Contract (Eligible Ordering Activities), in 
solicitations and contracts for:
    (1) Federal Supply Schedule 70; and
    (2) The Consolidated Schedule containing information technology 
SINs; and
    (3) Federal Supply Schedule 84.
    (c) As an addendum to 52.212-4, Contract Terms and Conditions--
Commercial Items 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) Federal Supply Schedule 70;
    (2) The Consolidated Schedule containing information technology 
SINs; and
    (3) Federal Supply Schedule 84.
* * * * *
0
9. Amend section 538.7104 by revising paragraphs (a), (b), and (c) to 
read as follows:


538.7104   Solicitation provisions and contract clauses.

    (a) As an addendum to 52.212-4, Contract Terms and Conditions--
Commercial Items the contracting officer shall insert the clause at 
552.238-76, Definition (Federal Supply Schedules)-Recovery Purchasing, 
in Federal Supply Schedule solicitations and contracts which contain 
products and services determined by the Secretary of Homeland Security 
to facilitate recovery from major disasters, terrorism, or nuclear, 
biological, chemical, or radiological attack.
    (b) As an addendum to 52.212-4, Contract Terms and Conditions--
Commercial Items the contracting officer shall insert the clause at 
552.238-78, Scope of Contract (Eligible Ordering Activities), with 
Alternate I in Federal Supply Schedule solicitations and contracts 
which contain products and services determined by the Secretary of 
Homeland Security to facilitate recovery from major disasters, 
terrorism, or nuclear, biological, chemical, or radiological attack.
    (c) As an addendum to 52.212-4, Contract Terms and Conditions--
Commercial Items the contracting officer shall insert the clause at 
552.238-80, Use of Federal Supply Schedule Contracts by Certain 
Entities--Recovery Purchasing, in Federal Supply Schedule solicitations 
and contracts which contain products and services determined by the 
Secretary of Homeland Security that facilitate recovery from major 
disasters, terrorism, or nuclear, biological, chemical, or radiological 
attack.
* * * * *

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
10. The authority citation for 48 CFR part 552 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c).


552.215-71   [Removed and Reserved]

0
11. Remove and reserve section 552.215-71.
0
12. Amend section 552.238-70 by revising the introductory text and the 
date of the provision; and removing from the end of the section ``(End 
of clause)'' and adding ``(End of provision)'' in its place.


552.238-70   Identification of Electronic Office Equipment Providing 
Accessibility for the Handicapped.

    As prescribed in 538.273(b)(1), insert the following provision:

Identification of Electronic Office Equipment Providing Accessibility 
for the Handicapped (Date)

* * * * *
0
13. Amend section 552.238-71 by revising the section heading, the 
introductory text, and the clause heading to read as follows:


552.238-71  Submission and Distribution of Authorized Federal Supply 
Schedule (FSS) Price Lists.

    As prescribed in 538.273(d)(1), insert the following clause:

Submission and Distribution of Authorized Federal Supply Schedule (FSS) 
Price Lists (Date)

* * * * *


552.238-72   [Amended]

0
14. Amend section 552.238-72 by removing from the introductory text 
``538.273(a)(3)'' and adding ``538.273(d)(2)'' in its place.


552.238-73   [Amended]

0
15. Amend section 552.238-73 by removing from the introductory text 
``538.273(a)(4)'' and adding ``538.273(d)(3)'' in its place.


552.238-74   [Amended]

0
16. Amend section 552.238-74 by removing from the introductory text 
``538.273(b)(1)'' and adding ``538.273(d)(4)'' in its place.
0
17. Amend section 552.238-75 by:
0
a. Removing from the introductory text ``538.273(b)(2)'' and adding 
``538.273(d)(5)'' in its place; and
0
b. Revising the date and introductory text of Alternate I to read as 
follows:


552.238-75   Price Reductions.

* * * * *
    Alternate I (Date): As prescribed in 538.273(d)(5) substitute the 
following paragraph:
* * * * *
0
18. Amend section 552.238-78 by--
0
a. Revising the date of the clause; and removing from paragraph (f)(2) 
``552.232-79'' and adding ``552.238-97'' in its place (twice); and
0
b. Amending Alternate I by revising the date of the Alternate; and 
removing from paragraph (a)(8) ``GSA'' and adding ``GSA/VA'' in its 
place (twice).
    The revisions read as follows:


552.238-78  Scope of Contract (Eligible Ordering Activities).

* * * * *

Scope of Contract (Eligible Ordering Activities) (Date)

* * * * *
    Alternate I (Date). * * *

0
19. Amend section 552.238-81 by--
0
a. Removing from the introductory text ``538.273(b)'' and adding 
``538.273(d)(6)'' in its place; and
0
b. Amending Alternate I by revising the introductory text to read as 
follows:


552.238-81  Modification (Federal Supply Schedule).

* * * * *
    Alternate I (Date): As prescribed in 538.273(d)(6)(i), add the 
following paragraph (f) to the basic clause:
* * * * *
0
20. Add sections 552.238-82 through 552.238-134 to read as follows:


552.238.82  Delivery Schedule.

    As prescribed in 538.273(d)(7), insert the following clause:

Delivery Schedule (Date)

    (a) Time of Delivery. The Contractor shall deliver to 
destination within the number of

[[Page 54135]]

calendar days after receipt of order (ARO) in the case of F.O.B. 
Destination prices; or to place of shipment in transit in the case 
of F.O.B. Origin prices, as set forth below. Offerors shall insert 
in the ``Time of Delivery (days ARO)'' column in the schedule of 
Items a definite number of calendar days within which delivery will 
be made. In no case shall the offered delivery time exceed the 
Contractor's normal business practice. The Government requires the 
Contractor's normal delivery time, as long as it is less than the 
``stated'' delivery time(s) shown below. If the Offeror does not 
insert a delivery time in the schedule of items, the Offeror will be 
deemed to offer delivery in accordance with the Government's stated 
delivery time, as stated below [The contracting officer shall insert 
the solicited items or Special Item Numbers (SIN) as well as a 
reasonable delivery time that corresponds with each item or SIN, if 
known]:

 
  Items or group of
items  (special item       Government's stated          Contractor's
       no.  or            delivery time  (days          delivery time
    nomenclature)                 ARO)
 
 
**                    ..  **                    ..
 
**                    ..  **                    ..
 
**                    ..  **                    ..
 

    (b) Expedited Delivery Times. For those items that can be 
delivered quicker than the delivery times in paragraph (a) of this 
clause, the Offeror is requested to insert below, a time (hours/days 
ARO) that delivery can be made when expedited delivery is requested.

 
     Items or group  of items
       (special item no. or            Expedited  delivery time  (hours/
          nomenclature)                            days ARO)
 
 
----------------------------------    ----------------------------------
 
----------------------------------    ----------------------------------
 
----------------------------------    ----------------------------------
 

    (c) Overnight and 2-Day Delivery Times. Ordering activities may 
require overnight or 2-day delivery. The Offeror is requested to 
annotate its price list or by separate attachment identify the items 
that can be delivered overnight or within 2 days. Contractors 
offering such delivery services will be required to state in the 
cover sheet to its FSS price list details concerning this service.


(End of clause)


552.238-83  GSA ADVANTAGE![supreg]

    As prescribed in 538.273(d)(8), insert the following clause:

GSA Advantage![supreg] (Date)

    (a) The Contractor shall participate in the GSA 
Advantage![supreg] online shopping service. Information and 
instructions regarding Contractor participation are contained in 
clause 552.238-121, Electronic Commerce.
    (b) The Contractor shall refer to contract clauses 552.238-71, 
Submission and Distribution of Authorized FSS Price Lists (which 
provides for submission of price lists on a common-use electronic 
medium), I-FSS-600, Contract Price Lists (which provides information 
on electronic contract data), and 552.238-81, Modifications (which 
addresses electronic file updates).


(End of clause)


552.238-84  Cover Page for Federal Supply Schedules.

    As prescribed in 538.273(a)(1), insert the following provision:

Cover Page for Federal Supply Schedules (Date)

    Solicitation No. [The contracting officer shall insert the 
solicitation number here] 
**
    Geographic Area. [The contracting officer shall indicate whether 
the solicitation is CONUS or Worldwide] Federal Supply Schedule 
Contract for 
**.
    [For supplies, the Contracting Officer shall complete the 
information required by paragraph (a) and delete paragraph (b) in 
its entirety. For services, the Contracting Officer shall complete 
the information required by paragraph (b) and delete (a) in its 
entirety. For solicitations containing both supplies and services, 
the Contracting Officer shall complete paragraphs (a) and (b).]
    (a) Federal Supply Classification (FSC) GROUP: 
** PART: 
** SECTION: 
**
    SUPPLY: ** 
FSC CLASS(ES)/PRODUCT CODE(S)/NAICS: 
**.
    (b) STANDARD INDUSTRY GROUP: 
** SERVICE: 
** SERVICE 
CODE(S)/NAICS: 
**.


(End of provision)

    Alternate I (Date): As prescribed at 538.237(a)(1), add the 
following paragraph (c) to the basic provision:

    (c) PERIOD: 
** THROUGH 
**.

552.238-85  Significant Changes.

    As prescribed in 538.273(a)(2), insert the following provision:

Significant Changes (Date)

    The following significant changes have been made to the 
solicitation since the issuance of the last refresh: [The 
Contracting Officer shall insert the most recent solicitation 
revisions since its previous posting to the Government's point of 
entry *______*].


(End of provision)

552.238-86  Notice of Total Small Business Set-Aside.

    As prescribed in 538.273(a)(3), insert the following provision:

Notice of Total Small Business Set-Aside (Date)

    The clause entitled ``Notice of Total Small Business Set-
Aside,'' applies to the following: [The contracting officer shall 
insert the special item numbers (SINs) set aside for small 
businesses] 
*______*.


(End of provision)


552.238-87  Information Collection Requirements.

    As prescribed in 538.273(a)(4), insert the following provision:

Information Collection Requirements (Date)

    The information collection requirements contained in this 
solicitation/contract are either required by regulation or approved 
by the Office of Management and Budget pursuant to the Paperwork 
Reduction Act and assigned OMB Control No. 3090-0163.


(End of provision)


552.238-88  Notice: Requests for Explanation or Information and Hours 
of Operation.

    As prescribed in 538.273(a)(5), insert the following provision:

Notice: Requests for Explanation or Information and Hours of Operation 
(Date)

    (a) Oral or written requests for explanation or information 
regarding this solicitation shall be directed to [The contracting 
officer shall insert the contact information for the office 
responsible for responding to questions regarding the solicitation]: 
**; or Phone 
**; or Email: 
*
*. IMPORTANT: DO NOT ADDRESS OFFERS, MODIFICATIONS OR WITHDRAWALS TO 
THE ABOVE ADDRESS. THE ADDRESS DESIGNATED FOR RECEIPT OF OFFERS IS 
CONTAINED ELSEWHERE IN THIS SOLICITATION.
    (b) GSA's hours of operation are 8:00 a.m. to 4:30 p.m. eastern 
standard time.


(End of provision)

[[Page 54136]]

552.238-89  Contractor's Remittance (Payment) Address.

    As prescribed in 538.273(b)(2), insert the following provision:

Contractor's Remittance (Payment) Address (Date)

    (a) Payment by electronic funds transfer (EFT) is the preferred 
method of payment. However, under certain conditions, the ordering 
activity may elect to make payment by check. The Offeror shall 
indicate below the payment address to which checks shall be mailed 
for payment of proper invoices submitted under a resultant contract.

------------------------------------------------------------------------
             Payment Address:
------------------------------------------------------------------------
                                            ............................
------------------------------------------------------------------------
                                            ............................
------------------------------------------------------------------------
                                            ............................
------------------------------------------------------------------------

    (b) Offeror shall furnish by attachment to this solicitation, 
the remittance (payment) addresses of all authorized participating 
dealers receiving orders and accepting payment by check in the name 
of the Contractor in care of the dealer, if different from their 
ordering address(es) specified elsewhere in this solicitation. If a 
dealer's ordering and remittance address differ, both must be 
furnished and identified as such.
    (c) All Offerors are cautioned that if the remittance (payment) 
address shown on an actual invoice differs from that shown in 
paragraph (b) of this provision or on the attachment, the remittance 
address(es) in paragraph (b) of this provision or attached will 
govern. Payment to any other address, except as provided for through 
EFT payment methods, will require an administrative change to the 
contract.
    Note: All orders placed against a Federal Supply Schedule 
contract are to be paid by the individual ordering activity placing 
the order. Each order will cite the appropriate ordering activity 
payment address, and proper invoices shall be sent to that address. 
Proper invoices shall be sent to GSA and/or VA only for orders 
placed by GSA and/or VA.


(End of provision)


552.238-90  Introduction of New Supplies/Services (INSS).

    As prescribed in 538.273(b)(3), insert the following provision:

Introduction of New Supplies/Services (INSS) (Date)

    (a) Definition. Introduction of New Supplies/Services Special 
Item Number (INSS SIN) means a new or improved supply or service--
within the scope of the Federal Supply Schedule (FSS), but not 
currently available under any Federal Supply Schedule contract--that 
provides a new service, function, task, or attribute that may 
provide a more economical or efficient means for ordering activities 
to accomplish their missions. It may significantly improve an 
existing supply or service. It may be a supply or service existing 
in the commercial market, but not yet introduced to the Federal 
Government.
    (b) Offerors are encouraged to introduce new or improved 
supplies or services via INSS SIN at any time by clearly identify 
the INSS SIN item in the offer.
    (c) The Contracting Officer has the sole discretion to determine 
whether a supply or service will be accepted as an INSS SIN item. 
The Contracting Officer will evaluate and process the offer and may 
perform a technical review. The INSS SIN provides temporary 
placement until the Contracting Officer formally categorizes the new 
supply or service.
    (d) If the Contractor has an existing schedule contract, the 
Government may, at the sole discretion of the Contracting Officer, 
modify the existing contract to include the INSS SIN item in 
accordance with 552.238-81, Modifications (Federal Supply 
Schedules).


(End of provision)


552.238-91  Authorized Negotiators.

    As prescribed in 538.273(b)(4), insert the following provision:

Authorized Negotiators (Date)

    The offeror shall provide the names of all persons authorized to 
negotiate with the Government in connection with this request for 
proposals or quotations. (List the names, titles, telephone numbers 
and electronic mail address of the authorized negotiators.)


(End of provision)


552.238-92  Evaluation--Commercial Items (Federal Supply Schedule)

    As prescribed in 538.273(c)(1), insert the following provision:

Evaluation--Commercial Items (Federal Supply Schedule) (Date)

    (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 (Date): As prescribed by 538.273(c)(1) add the 
following paragraph (c) to 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.


552.238-93  Use of Non-Government Employees To Review Offers.

    As prescribed in 538.273(c)(2), insert the following provision:

Use of Non-Government Employees to Review Offers (Date)

    (a) The Government may employ individual technical consultants/
advisors/contractors from the below listed organizations to review 
limited portions of the technical, management and price proposals to 
assist the government in both pre-award and post-award functions. 
[The Contracting Officer shall insert a list of organizations used 
to review solicitation responses and execute a non-disclosure and 
organizational conflict of interest statement for all individuals 
conducting reviews.] 
**.
    (b) These representatives will be used to advise on specific 
technical, management, and price matters and shall not, under any 
circumstances, be used as voting evaluators. However, the Government 
may consider the advice provided in its evaluation process. In 
addition, Contractor personnel may be used in specific contract 
administration tasks (e.g., administrative filing, review of 
deliverables, etc.).
    (c) If individual technical consultants/advisors/contractors are 
utilized as described in paragraph (b) of this section, they will be 
required to execute a non-disclosure and organizational conflict of 
interest statements.


(End of provision)


552.238-94  Examination of Records by GSA (Federal Supply Schedules).

    As prescribed in 538.273(d)(9) insert the following clause:

Examination of Records by GSA (Federal Supply Schedules) (Date)

    The Contractor agrees that the Administrator of General Services 
or any

[[Page 54137]]

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 and Sales Reporting 
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)


552.238-95  Discounts for Prompt Payment (Federal Supply Schedules).

    As prescribed in 538.273(d)(10), insert the following clause:

Discounts for Prompt Payment (Federal Supply Schedules) (Date)

    (a) Discounts for early payment (hereinafter referred to as 
``discounts'' or ``the discount'') will be considered in evaluating 
the relationship of the Offeror's concessions to the Government vis-
a-vis the Offeror's concessions to its commercial and Federal non-
schedule customers, but only to the extent indicated in this clause.
    (b) Discounts will not be considered to determine the low 
Offeror in the situation described in the ``Offers on Identical 
Products'' provision of this solicitation.
    (c) Uneconomical discounts will not be considered as meeting the 
criteria for award established by the Government. In this 
connection, a discount will be considered uneconomical if the 
annualized rate of return for earning the discount is lower than the 
``value of funds'' rate established by the Department of the 
Treasury and published quarterly in the Federal Register. The 
``value of funds'' rate applied will be the rate in effect on the 
date specified for the receipt of offers.
    (d) Discounts for early payment may be offered either in the 
original offer or on individual invoices submitted under the 
resulting contract. Discounts offered will be taken by the ordering 
activity if payment is made within the discount period specified.
    (e) Discounts that are included in offers become a part of the 
resulting contracts and are binding on the Contractor for all orders 
placed under the contract. Discounts offered only on individual 
invoices will be binding on the Contractor only for the particular 
invoice on which the discount is offered.
    (f) In connection with any discount offered for prompt payment, 
time shall be computed from the date of the invoice. For the purpose 
of computing the discount earned, payment shall be considered to 
have been made on the date which appears on the payment check or the 
date on which an electronic funds transfer was made.


(End of clause)


552.238-96  Contractor's Billing Responsibilities.

    As prescribed in 538.273(d)(11) insert the following clause:

Contractor's Billing Responsibilities (Date)

    (a) The Contractor is required to perform all billings made 
pursuant to this contract. However, if the Contractor has dealers 
that participate on the contract and the billing/payment process by 
the Contractor for sales made by the dealer is a significant 
administrative burden, the following alternative procedures may be 
used. Where dealers are allowed by the Contractor to bill ordering 
activities and accept payment in the Contractor's name, the 
Contractor agrees to obtain from all dealers participating in the 
performance of the contract a written agreement, which will require 
dealers to--
    (1) Comply with the same terms and conditions as the Contractor 
for sales made under the contract;
    (2) Maintain a system of reporting sales under the contract to 
the manufacturer, which includes--
    (i) The date of sale;
    (ii) The ordering activity to which the sale was made;
    (iii) The service or supply/model sold;
    (iv) The quantity of each service or supply/model sold;
    (v) The price at which it was sold, including discounts; and
    (vi) All other significant sales data.
    (3) Be subject to audit by the Government, with respect to sales 
made under the contract; and
    (4) Place orders and accept payments in the name of the 
Contractor in care of the dealer.
    (b) An agreement between a Contractor and its dealers pursuant 
to this procedure will not establish privity of contract between 
dealers and the Government.

(End of clause)


552.238-97  Payment by Credit Card.

    As prescribed in 538.1203(d)(12) insert the following clause:

Payment by Credit Card (Date)

    (a) Definitions.
    Credit card or Charge card means any credit or charge card used 
to pay for purchases, including the Government-wide Commercial 
Purchase Card.
    Government-wide commercial purchase card means a uniquely 
numbered charge card issued by a Contractor under GSA's Government-
wide Contract for Fleet, Travel, and Purchase Card Services to named 
individual Government employees or entities to pay for official 
Government purchases.
    Oral order means an order placed orally either in person or by 
telephone.
    (b) The Contractor must accept credit and charge cards for 
payments equal to or less than the micro-purchase threshold (see 
Federal Acquisition Regulation 2.101) for oral or written orders 
under this contract.
    (c) The Contractor and the ordering activity may agree to use of 
a credit or charge card for purchases in dollar amounts over the 
micro-purchase threshold, and the Government encourages the 
Contractor to accept payment by the credit or charge card. The 
dollar value of a credit or charge card transaction must not exceed 
the ordering activity's established limit. If the Contractor will 
not accept payment by the credit or charge card for an order 
exceeding the micro-purchase threshold, the Contractor must so 
advise the ordering agency within 24 hours of receipt of the order.
    (d) The Contractor shall not process a transaction for payment 
through the credit or charge card clearinghouse until the purchased 
supplies have been shipped or services performed. Unless the credit 
or charge cardholder requests correction or replacement of a 
defective or faulty item under other contract requirements, the 
Contractor must immediately credit a cardholder's account for items 
returned as defective or faulty.
    (e) Payments made using the Government-wide commercial purchase 
card are not eligible for any negotiated prompt payment discount. 
Payment made using an ordering activity debit card shall receive the 
applicable prompt payment discount.

(End of clause)


552.238-98  Warranty (Federal Supply Schedules).

    As prescribed in 538.1203(d)(13), insert the following clause:

Warranty (Federal Supply Schedules) (Date)

    (a) Applicable to domestic locations. Unless specified otherwise 
in this contract, the Contractor's standard warranty as stated in 
the Contractor's price list applies to this contract.
    (b) Applicable to overseas destinations. Unless specified 
otherwise in this contract, the Contractor's standard warranty as 
stated in the price list applies to this contract, except as 
follows:
    (1) The Contractor must provide, at a minimum, a warranty on all 
non-consumable parts for a period of 90 days from the date that the 
ordering activity accepts the supply.
    (2) The Contractor must supply parts and labor required under 
the warranty provisions free of charge.
    (3) The Contractor must bear the transportation costs of 
returning the supplies to and from the repair facility, or the costs 
involved with Contractor personnel traveling to the ordering 
activity facility for the purpose of repairing the supply onsite, 
during the 90-day warranty period.

(End of clause)


552.238-99  Deliveries to the U.S. Postal Service.

    As prescribed in 538.273(d)(14), insert the following clause:

Deliveries to the U.S. Postal Service (Date)

    (a) Applicability. This clause applies to orders placed for the 
U.S. Postal Service (USPS) and accepted by the Contractor for the 
delivery of supplies to a USPS facility (consignee).
    (b) Mode/Method of Transportation. Unless the Contracting 
Officer grants a waiver of this requirement, any shipment that meets 
the USPS requirements for mailability (i.e., 70 pounds or less, 
combined length and girth not more than 108 inches, etc.) delivery 
shall be accomplished via the use of the USPS. Other commercial 
services shall not be used, but this does not preclude the 
Contractor

[[Page 54138]]

from making delivery by the use of the Contractor's own vehicles.
    (c) Time of Delivery. Notwithstanding the required time for 
delivery to destination as may be specified elsewhere in this 
contract, if shipments under this clause are mailed not later than 
five (5) calendar days before the required delivery date, delivery 
shall be deemed to have been made timely.

(End of clause)


552.238-100  Characteristics of Electric Current.

    As prescribed in 538.273(d)(15), insert the following clause:

Characteristics of Electric Current (Date)

    Contractors supplying equipment which uses electrical current 
are required to supply equipment suitable for the electrical system 
at the location at which the equipment is to be used as specified on 
the order.


(End of clause)


552.238-101  Marking and Documentation Requirements for Shipping.

    As prescribed in 538.273(d)(16), insert the following clause:

Marking and Documentation Requirements for Shipping (Date)

    (a) It shall be the responsibility of the ordering activity to 
determine the full marking and documentation requirements necessary 
under the various methods of shipment authorized by the contract. 
Set forth is the minimum information and documentation that will be 
required for shipment. In the event the ordering activity fails to 
provide the essential information and documentation, the Contractor 
shall, within three days after receipt of order, contact the 
ordering activity and advise them accordingly. The Contractor shall 
not proceed with any shipment requiring transshipment via U.S. 
Government facilities without the stated prerequisites:
    (b) Direct Shipments. The Contractor shall mark all items 
ordered against this contract with indelible ink, paint or fluid, as 
follows:
    (1) Traffic Management or Transportation Officer at FINAL 
destination.
    (2) Ordering Supply Account Number.
    (3) Account number.
    (4) Delivery Order or Purchase Order Number.
    (5) National Stock Number, if applicable; or Contractor's item 
number.
    (6) Box  
of  Boxes.
    (7) Nomenclature (brief description of items).


(End of clause)


552.238-102  Inspection.

    As prescribed in 538.273(d)(17), insert the following clause:

Inspection (Date)

    Inspection of all purchases under this contract will be made at 
destination by an authorized Government representative.


(End of clause)
    Alternate I (Date): As prescribed by 538.273(d)(17), substitute the 
following for the basic clause:

    (a) Inspection by the Government. It is anticipated that the 
supplies purchased under this contract will be inspected at 
destination by the Government to ensure conformance with technical 
requirements as specified herein.
    (b) Responsibility for Rejected Supplies. If, after due notice 
of rejection, the Contractor fails to remove or provide instructions 
for the removal of rejected supplies pursuant to the Contracting 
Officer's instructions, the Contractor shall be liable for all costs 
incurred by the Government in taking such measures as are expedient 
to avoid unnecessary loss to the Contractor. In addition to any 
other remedies which may be available under this contract, the 
supplies may be stored for the Contractor's account or sold to the 
highest bidder on the open market and the proceeds applied against 
the accumulated storage and other costs, including the cost of the 
sale.
    (c) Additional Costs for Inspection and Testing. (The 
Contracting Officer shall insert the rates). When prior rejection 
makes reinspection or retesting necessary, the following charges are 
applicable. When inspection or testing is performed by or under the 
direction of GSA, charges will be at the rate of 
$ per man-hour or fraction 
thereof if the inspection is at a GSA distribution center; 
$ per man-hour or fraction 
thereof, plus travel costs incurred, if the inspection is at another 
location; and $per man-
hour or fraction thereof for laboratory testing, except that when a 
testing facility other than a GSA laboratory performs all or part of 
the required tests, the Contractor shall be assessed the actual cost 
incurred by the Government as a result of testing at such facility. 
When inspection is performed by or under the direction of any agency 
other than GSA, the charges indicated above may be used, or the 
agency may assess the actual cost of performing the inspection and 
testing.

552.238-103  Vendor Managed Inventory (VMI) Program.

    As prescribed in 538.273(d)(18), insert the following clause:

Vendor Managed Inventory (VMI) Program (Date)

    (a) The term ``Vendor Managed Inventory'' describes a system in 
which the Contractor monitors and maintains specified inventory 
levels for selected items at designated stocking points. VMI enables 
the Contractor to plan production and shipping more efficiently. 
Stocking points benefit from reduced inventory but steady stock 
levels.
    (b) Contractors that commercially provide a VMI type system may 
enter into similar partnerships with customers under a Blanket 
Purchase Agreement.


(End of clause)


552.238-104  Order Acknowledgement.

    As prescribed in 538.273(d)(19), insert the following clause:

Order Acknowledgement (Date)

    Contractors shall acknowledge only those orders which state 
``Order Acknowledgement Required''. These orders shall be 
acknowledged within 10 calendar days after receipt. Such 
acknowledgement shall be sent to the ordering activity placing the 
order and contain information pertinent to the order, including the 
anticipated delivery date.


(End of clause)


552.238-105  Urgent Requirements.

    As prescribed in 538.273(d)(20), insert the following clause:

Urgent Requirements (Date)

    When the Federal Supply Schedule contract delivery period does 
not meet the bona fide urgent delivery requirements of an ordering 
activity, the ordering activity is encouraged, if time permits, to 
contact the Contractor for the purpose of obtaining accelerated 
delivery. The Contractor shall reply to the inquiry within three (3) 
business days after receipt. (Telephonic replies shall be confirmed 
by the Contractor in writing.) If the Contractor offers an 
accelerated delivery time acceptable to the ordering activity, any 
order(s) placed pursuant to the agreed upon accelerated delivery 
time frame shall be delivered within this shorter delivery time and 
in accordance with all other terms and conditions of the contract.


(End of clause)


552.238-106  Post-Award Samples.

    As prescribed in 538.273(d)(21), insert the following clause:

Post-Award Samples (Date)

    (a) Within 20 calendar days after approval of the brochure 
proof, Contractors who have received an award on carpet items are 
required to:
    (1) Furnish the Contracting Officer with 5 sets (by sets, not 
loosely packed) of samples approximately 12 by 12 inches of all 
patterns and/or colors awarded;
    (2) Furnish such additional sets of samples as may be requested 
during the contract period;
    (3) Furnish a set of small cuttings approximately 3 by 5 inches 
of each quality carpet awarded to all ordering activities to which 
brochures are mailed, except that such sample cuttings need not be 
furnished when the brochure distributed by the Contractor was fully 
swatched with all available colors for each quality carpet awarded;
    (4) Furnish sets of 3 by 5 inch samples to any ordering activity 
when specifically requested to do so notwithstanding the fact that 
the brochure was fully swatched; and
    (5) Furnish the Contracting Officer with one 18 inch by 24 inch 
sample of each quality carpet and in each color or pattern covered 
by the contract, with the clear understanding that the Government 
reserves the right at its option to request one additional 18 inch 
by 24 inch sample in any one or all qualities in each pattern and/or 
color specified, and the Contractor agrees to honor such request. 
These samples will be returned at the Contractor's expense after

[[Page 54139]]

expiration of the contract provided they have not been consumed as a 
result of the Government's sample requirements.
    (b) Each individual sample, or cutting, shall bear the 
Contractor's name, manufacturer's name, brand or quality name, 
pattern or color number and name, and the National Stock Number.


(End of clause)


552.238-107  Restriction on the Acceptance of Orders.

    As prescribed in 538.273(d)(22), insert the following clause:

Restriction on the Acceptance of Orders (Date)

    No orders shall be accepted from, and no deliveries shall be 
made to any ship of the United States Navy or the Military Sealift 
Command. This prohibition shall include all electrostatic copying 
equipment, supplies (toner, developer, fuser oil) for such 
equipment, repair or replacement parts for such equipment, and 
maintenance or repair service for such equipment.


(End of clause)


552.238-108  Separate Charge for Performance Oriented Packaging (POP).

    As prescribed in 538.273(d)(23), insert the following clause:

Separate Charge for Performance Oriented Packaging (POP) (Date)

    (a) Preservation, packaging, packing, and marking and labeling 
of domestic and overseas HAZMAT SURFACE SHIPMENTS shall comply with 
all requirements listed below. Offerors are requested to quote a 
separate charge, if applicable.
    (1) International Maritime Dangerous Goods (IMDG) Code 
established by the International Maritime Organization (IMO) in 
accordance with the United Nations (UN) Recommendations on the 
Transportation of Dangerous Goods (Note: Marine pollutants must be 
labeled as required by the IMDG Code);
    (2) The performance oriented packaging requirements contained in 
the U.S. Department of Transportation (DOT) Hazardous Materials 
Regulations (HMR; 49 CFR Parts 171 through 180) effective October 1, 
1991 (Note: The ``Combustible'' and ``ORM'' classifications 
containing these requirements are not permitted by the IMDG Code and 
cannot be used);
    (3) Occupational Safety and Health Administration (OSHA) 
Regulations 29 CFR Parts 1910.101 through 1910.120 and 1910.1000 
through 1910.1500, relating to Hazardous and Toxic Substances; and
    (4) Any preservation, packaging, packing, and marking and 
labeling requirements contained elsewhere in the solicitation.
    (b) Offerors are requested to list the hazardous material item 
to which the separate charge applies in the spaces provided below or 
on a separate attachment. These separate charges will be accepted as 
part of the award, if considered reasonable, and shall be included 
in the Contractor's published catalog and/or price list.

 
 Items (SINs or  descriptive name      Charge for  performance  oriented
  of articles, as  appropriate)                    packaging
 
                                   ..  .................................
----------------------------------    ----------------------------------
                                   ..  .................................
----------------------------------    ----------------------------------
                                   ..  .................................
----------------------------------    ----------------------------------
 

    (c) Ordering activities will not be obligated to utilize the 
Contractor's services for Performance Oriented Packaging, and they 
may obtain such services elsewhere if desired. However, the 
Contractor shall provide items in Performance Oriented Packaging 
when such packing is specified on the delivery order. The 
Contractor's contract price and the charge for Performance Oriented 
Packaging will be shown as separate entries on the delivery order.
    (d) The test reports showing compliance with package 
requirements will be made available to contract administration/
management representatives upon request.


(End of clause)


552.238-109  Additional Service Charge for Delivery within Consignee's 
Premises.

    As prescribed in 538.273(d)(24), insert the following clause:

Additional Service Charge for Delivery Within Consignee's Premises 
(Date)

    (a) Offerors are requested to insert, in the spaces provided 
below or by attachment hereto, a separate charge for ``Delivery 
Within Consignee's Premises'' applicable to each shipping container 
to be shipped. (Articles which are comparable in size and weight, 
and for which the same charge is applicable, shall be grouped under 
an appropriate item description.) These additional charges will be 
accepted as part of the award, if considered reasonable, and shall 
be included in the Contractor's published catalog and/or price list.
    (b) Ordering activities are not obligated to issue orders on the 
basis of ``Delivery Within Consignee's Premises,'' and Contractors 
may refuse delivery on that basis provided such refusal is 
communicated in writing to the ordering activity issuing such orders 
within 5 days of the receipt of such order by the Contractor and 
provided further, that delivery is made in accordance with the other 
delivery requirements of the contract. Failure of the Contractor to 
submit this notification within the time specified shall constitute 
acceptance to furnish ``Delivery Within Consignee's Premises'' at 
the additional charge awarded. When an ordering activity issues an 
order on the basis of ``Delivery Within Consignee's Premises'' at 
the accepted additional charge awarded and the Contractor accepts 
such orders on that basis, the Contractor will be obligated to 
provide delivery ``F.o.b. Destination, Within Consignee's Premises'' 
in accordance with FAR 52.247-35, which is then incorporated by 
reference, with the exception that an additional charge as provided 
herein is allowed for such services. Unless otherwise stipulated by 
the Offeror, the additional charges awarded hereunder may be applied 
to any delivery within the 48 contiguous States and the District of 
Columbia.
    (c) When exercising their option to issue orders on the basis of 
delivery service as provided herein, ordering activities will 
specify ``Delivery Within Consignee's Premises'' on the order, and 
will indicate the exact location to which delivery is to be made. 
The Contractor's delivery price and the additional charge(s) for 
``Delivery Within Consignee's Premises'' will be shown as separate 
entries on the order.

 
   Items (NSN's or special item         Additional charge (per shipping
 numbers or  descriptive name  of       container) for ``delivery within
            articles)                        consignee's premises''
 
                                   ..  .................................
----------------------------------    ----------------------------------
                                   ..  .................................
----------------------------------    ----------------------------------
                                   ..  .................................
----------------------------------    ----------------------------------
 


(End of clause)


552.238-110  Shipping Points.

    As prescribed in 538.273(d)(25), insert the following clause:

Shipping Points (Date)

    The Contractor awarded f.o.b. origin (or f.o.b. shipping point) 
prices shall indicate, in the spaces provided below, on in a 
separate attachment, the complete address (street, city, and state) 
from which the items will be shipped, and the name of the carrier 
serving point (if any). If more than one shipping point is 
designated for an item, ordering activities will have the option of 
specifying the shipping point unless otherwise noted by the 
Contractor.

 
         Item Nos.                 Name of facility                 Address                     Carrier
 
 
 
 
 



[[Page 54140]]


(End of clause)


552.238-111  Contact for Contract Administration.

    As prescribed in 538.273(d)(26), insert the following clause:

Contact for Contract Administration (Date)

    (a) Offerors shall complete paragraphs (c) and (d) of this 
clause if providing both domestic and overseas delivery. Complete 
paragraph (c) of this clause if providing domestic delivery only. 
Complete paragraph (d) of this clause if providing overseas delivery 
only.
    (b) The Contractor shall designate a person to serve as the 
contract administrator for the contract both domestically and 
overseas. The contract administrator is responsible for overall 
compliance with contract terms and conditions. The contract 
administrator is also the responsible official for issues concerning 
552.238-74, Industrial Funding Fee and Sales Reporting, including 
reviews of Contractor records. The Contractor's designated 
representative to handle certain functions under this contract does 
not relieve the contract administrator of responsibility for 
contract compliance. Any changes to the designated individual must 
be provided to the Contracting Officer in writing, with the proposed 
effective date of the change.
    (c) Domestic:

NAME-------------------------------------------------------------------
TITLE------------------------------------------------------------------
ADDRESS----------------------------------------------------------------
ZIP CODE---------------------------------------------------------------
TELEPHONE NO.----------------------------------------------------------
FAX NO.----------------------------------------------------------------
E-MAIL ADDRESS---------------------------------------------------------

    (d) Overseas: Overseas contact points are mandatory for local 
assistance with the resolution of any delivery, performance, or 
quality complaints from customer agencies. The designated 
representative shall be available during the local business hours in 
the country of delivery, even though the designated representative 
does not have to be located in the country of delivery. (Also, see 
the requirement in 552.238-113, Parts and Service.) A designated 
representative must be furnished for each area in which deliveries 
are contemplated, e.g., Europe, South America, Far East, etc.

LOCATION(S) COVERED----------------------------------------------------
NAME-------------------------------------------------------------------
TITLE------------------------------------------------------------------
ADDRESS----------------------------------------------------------------
ZIP CODE---------------------------------------------------------------
TELEPHONE NO.----------------------------------------------------------
FAX NO.----------------------------------------------------------------
E-MAIL ADDRESS---------------------------------------------------------


(End of clause)


552.238-112  Clauses for Overseas Coverage.

    As prescribed in 538.273(d)(27), insert the following clause:

Clauses for Overseas Coverage (Date)

    The following clauses apply to overseas coverage:
    (a) 52.214-34; Submission of Offers in the English Language;
    (b) 52.214-35; Submission of Offers in U.S. Currency;
    (c) 52.247-34; FOB Destination;
    (d) 52.247-38; FOB Inland Carrier, Country of Exportation;
    (e) 52.247-39; FOB Inland Point, Country of Importation;
    (f) 552.238-100; Characteristics of Electric Current;
    (g) 552.238-101; Marking and Documentation Requirements Per 
Shipment;
    (h) 552.238-113; Parts and Service;
    (i) 552.238-114; Delivery Prices Overseas;
    (j) 552.238-115; Transshipments; and
    (k) 552.238-116; Foreign Taxes and Duties.


(End of clause)


552.238-113  Parts and Service.

    As prescribed in 538.273(d)(27)(viii), insert the following clause:

Parts and Service (Date)

    (a) For equipment under items listed in the schedule of items or 
services on which offers are submitted, the Contractor represents by 
submission of this offer that parts and services (including the 
performing of warranty or guarantee service) are now available from 
dealers or distributors serving the areas of ultimate overseas 
destination or that such facilities will be established and will be 
maintained throughout the contract period. If a new servicing 
facility is to be established, the facility shall be established no 
later than the beginning of the contract period.
    (b) Each Contractor shall be fully responsible for the services 
to be performed by the named servicing facilities, or by such 
facilities to be established, and fully guarantees performance of 
such services if the original service proves unsatisfactory.
    (c) Contractors are requested to include in the price list, the 
names and addresses of all supply and service points maintained in 
the geographic area in which the Contractor will perform. Please 
indicate opposite each point whether or not a complete stock of 
repair parts for items offered is carried at that point, and whether 
or not mechanical service is available.

(End of clause)


552.238-114  Delivery Prices Overseas.

    As prescribed in 538.273(d)(27)(ix), insert the following clause:

Delivery Prices Overseas (Date)

    (a) Prices offered must cover delivery to destinations as 
provided below:
    (1) Direct delivery to consignee. F.O.B. Inland Point, Country 
of Importation (FAR 52.247-39). (Offeror shall indicate countries 
where direct delivery will be provided.)
    (2) Delivery to overseas assembly point for transshipment when 
specified by the ordering activity, if delivery is not covered under 
paragraph (a), of this section.
    (3) Delivery to the overseas port of entry when delivery is not 
covered under paragraphs (a) or (b), of this section.
    (b) Geographic area(s)/countries/zones which are intended to be 
covered must be identified in the offer.


(End of clause)


552.238-115  Transshipments.

    As prescribed in 538.273(d)(27)(x), insert the following clause:

Transshipments (Date)

    The Contractor shall complete two DD Forms 1387, Military 
Shipment Labels and, if applicable, four copies of DD Form 1387-2, 
Special Handling/Data Certification--used when shipping chemicals, 
dangerous cargo, etc. Two copies of the DD Form 1387 will be 
attached to EACH shipping container delivered to the port 
Transportation Officer for subsequent transshipment by the 
Government as otherwise provided for under the terms of this 
contract. These forms will be attached to one end and one side (NOT 
on the top or bottom) of the container. The Contractor will complete 
the bottom line of these forms, which pertains to the number of 
pieces, weight and cube of each piece, using U.S. weight and cubic 
measures. Weights will be rounded off to the nearest pound. (One kg 
= 2.2 U.S. pounds; one cubic meter = 35.3156 cubic feet.) In 
addition, if the cargo consists of chemicals, or is dangerous, one 
copy of the DD Form 1387 2 will be attached to the container, and 
three copies will be furnished to the Transportation Officer with 
the Bill of Lading. DANGEROUS CARGO WILL NOT BE INTERMINGLED WITH 
NONDANGEROUS CARGO IN THE SAME CONTAINER. Copies of the above forms 
and preparation instructions will be obtained from the ordering 
activity issuing the Delivery Order. Reproduced copies of the forms 
are acceptable. FAILURE TO INCLUDE DD FORMS 1387 (AND DD FORM 1387-
2, IF APPLICABLE) ON EACH SHIPPING CONTAINER WILL RESULT IN 
REJECTION OF SHIPMENT BY THE PORT TRANSPORTATION OFFICER.


(End of clause)


552.238-116  Foreign Taxes and Duties.

    As prescribed in 538.273(d)(27)(xi), insert the following clause:

Foreign Taxes and Duties (Date)

    Prices offered must be net, delivered, f.o.b. to the 
destinations accepted by the Government.
    (a) The Contractor warrants that such prices do not include any 
tax, duty, customs fees, or other foreign Governmental costs, 
assessments, or similar charges from which the U.S. Government is 
exempt.
    (b) Standard commercial export packaging, including 
containerization, if necessary, packaging, preservation, and/or 
marking are included in the pricing offered and accepted by the 
Government.


(End of clause)


552.238-117  English Language and U.S. Dollar Requirements.

    As prescribed in 538.273(d)(28), insert the following clause:

English Language and U.S. Dollar Requirements (Date)

    (a) All documents produced by the Contractor to fulfill 
requirements of this contract including, but not limited to,

[[Page 54141]]

Federal Supply Schedule catalogs and price lists, must reflect all 
terms and conditions in the English language.
    (b) U.S. dollar equivalency, if applicable, will be based on the 
rates published in the ``Treasury Reporting Rates of Exchange'' in 
effect as of the date of the agency's purchase order or in effect 
during the time period specified elsewhere in this contract.


(End of clause)


552.238-118  Delivery Prices.

    As prescribed in 538.273(d)(29), insert the following clause:

Delivery Prices (Date)

    (a) Prices offered must cover delivery as provided below to 
destinations located within the 48 contiguous States and the 
District of Columbia.
    (1) Delivery to the door of the specified Government activity by 
freight or express common carriers on articles for which store-door 
delivery is provided, free or subject to a charge, pursuant to 
regularly published tariffs duly filed with the Federal and/or State 
regulatory bodies governing such carrier; or, at the option of the 
Contractor, by parcel post on mailable articles, or by the 
Contractor's vehicle. Where store-door delivery is subject to a 
charge, the Contractor shall--
    (i) Place the notation ``Delivery Service Requested'' on bills 
of lading covering such shipments; and
    (ii) Pay such charge and add the actual cost thereof as a 
separate item to his invoice.
    (2) Delivery to siding at destinations when specified by the 
ordering office, if delivery is not covered under paragraph (a)(1), 
of this section.
    (3) Delivery to the freight station nearest destination when 
delivery is not covered under paragraph (a)(1) or (a)(2) of this 
section.
    (b) The Offeror shall indicate in the offer whether or not 
prices submitted cover delivery f.o.b. destination in Alaska, 
Hawaii, and the Commonwealth of Puerto Rico.
    (c) When deliveries are made to destinations outside the 
contiguous 48 States; i.e., Alaska, Hawaii, and the Commonwealth of 
Puerto Rico, and are not covered by paragraph (b), above, the 
following conditions will apply:
    (1) Delivery will be f.o.b. inland carrier, point of exportation 
(FAR 52.247-38), with the transportation charges to be paid by the 
Government from point of exportation to destination in Alaska, 
Hawaii, or the Commonwealth of Puerto Rico, as designated by the 
ordering office. The Contractor shall add the actual cost of 
transportation to destination from the point of exportation in the 
48 contiguous States nearest to the designated destination. Such 
costs will, in all cases, be based upon the lowest regularly 
established rates on file with the Interstate Commerce Commission, 
the U.S. Maritime Commission (if shipped by water), or any State 
regulatory body, or those published by the U.S. Postal Service; and 
must be supported by paid freight or express receipt or by a 
statement of parcel post charges including weight of shipment.
    (2) The right is reserved to ordering agencies to furnish 
Government bills of lading.


(End of clause)


552.238-119  Federal Excise Tax.

    As prescribed in 538.1203(d)(30), insert the following clause:

Federal Excise Tax (Date)

    Prices offered shall exclude Federal Excise Tax. Ordering 
agencies will be notified that the Federal Excise Tax will be 
invoiced and paid for by them as a separate item based upon 
published Rubber Manufacturer's Association average weights 
effective at time of delivery, unless the ordering activity is 
exempt from such tax.


(End of clause)


552.238-120  Guarantee.

    As prescribed in 538.273(d)(31), insert the following clause:

Guarantee (Date)

    The Contractor guarantees the equipment furnished will be free 
from defects in material and workmanship for a period of not less 
than 1 year from date of delivery. All parts found defective within 
that period shall be replaced, with the cost of replacement, 
including shipping charges, to be borne by the Contractor. Under no 
circumstances will any equipment covered by this guarantee be 
returned without:
    (a) Advance written notice to the Contractor; or
    (b) Obtaining shipping instructions from the Contractor.


(End of clause)


552.238-121  Electronic Commerce.

    As prescribed in 538.273(d)(32), insert the following clause:

Electronic Commerce (Date)

    (a) General Background. The Federal Acquisition Streamlining Act 
(FASA) of 1994 requires the Government to evolve its acquisition 
process from one driven by paper to an expedited process based on 
electronic commerce/electronic data interchange (EC/EDI). EC/EDI 
encompasses more than merely automating manual processes and 
eliminating paper transactions. EC/EDI improves business processes 
(e.g. procurement, finance, logistics) into a fully electronic 
environment and fundamentally changes the way organizations operate.
    (b) Trading Partners and Value-Added Networks/Services (VANs/
VASs).
    (1) Within the electronic commerce architecture, electronic 
documents (e.g., orders, invoices, etc.) are carried between the 
Federal Government's procuring office and Contractors (now known as 
``trading partners''). These transactions are carried by 3rd party 
commercial telecommunications companies called Value-Added Networks/
Services (VANs/VASs).
    (2) EC/EDI can be performed using commercially available 
hardware, software, and telecommunications. The selection of a VAN/
VAS is a business decision Contractors must make. There are many 
different providers which provide a variety of electronic services 
and different pricing strategies. If the provider only provides 
communications services, you may also need a software translation 
package.
    (c) Registration Instructions. To perform EC/EDI with the 
Government, Contractors shall register as a trading partner. 
Contractors will provide regular business information, banking 
information, and EC/EDI capabilities to all agencies in this single 
registration. A central repository of all trading partners is the 
Systems for Award Management (SAM) http://www.sam.gov. Contractors 
shall follow the instructions on the SAM Web site regarding how to 
register for EC/EDI.
    (d) Implementation Conventions. All EDI transactions must comply 
with the Federal Implementation Conventions (ICs). The ICs are 
available on a registry maintained by the National Institute of 
Standards and Technology (NIST). It is accessible via the Internet 
at http://www.nist.gov/itl. ICs are available for common business 
documents such as Purchase Order, Price Sales Catalog, Invoice, 
Request for Quotes, etc.
    (e) Additional Information. GSA has additional information 
available for Contractors who are interested in using EC/EDI on its 
Web site, www.gsa.gov.
    (f) GSA Advantage![supreg]. (1) GSA Advantage![supreg] uses 
electronic commerce to receive catalogs and text messages; and to 
send purchase orders, application advice, and functional 
acknowledgments. GSA Advantage![supreg] enables customers to:
    (i) Perform database searches across all contracts by 
manufacturer; manufacturer's model/part number; Contractor; and 
generic supply categories;
    (ii) Generate EDI/XML delivery orders to Contractors, generate 
EDI/XML delivery orders from the Federal Acquisition Service to 
Contractors, or download files to receive delivery orders; and
    (iii) Use the credit card.
    (2) GSA Advantage![supreg] may be accessed via the GSA Home 
Page. The INTERNET address is: http://www.gsa.gov.


(End of clause)


552.238-122  Imprest Funds (Petty Cash).

    As prescribed in 538.273(d)(33), insert the following clause:

Imprest Funds (Petty Cash) (Date)

    The Contractor agrees to accept cash payment for purchases made 
under the terms of the contract in conformance with Federal 
Acquisition Regulation (FAR) 13.305.


(End of clause)


552.238-123  Dissemination of Information by Contractor.

    As prescribed in 538.273(d)(34), insert the following clause:

Dissemination of Information by Contractor (Date)

    The Government will provide the Contractor with a single copy of 
the resulting Federal Supply Schedule contract award documents. 
However, it is the responsibility

[[Page 54142]]

of the Contractor to furnish all sales outlets authorized to 
participate in the performance of the contract with the terms, 
conditions, pricing schedule, and other appropriate information.


(End of clause)


552.238-124  Deliveries Beyond the Contractual Period--Placing of 
Orders.

    As prescribed in 538.273(d)(35), insert the following clause:

Deliveries Beyond the Contractual Period-Placing of Orders (Date)

    In accordance with clause 552.238-78, Scope of Contract 
(Eligible Ordering Activities), this contract covers all 
requirements that may be ordered, as distinguished from delivered 
during the contract term. This is for the purpose of providing 
continuity of supply or operations by permitting ordering activities 
to place orders as requirements arise in the normal course of 
operations. Accordingly, any order mailed (or received, if forwarded 
by other means than through the mail) to the Contractor on or before 
the expiration date of the contract, and providing for delivery 
within the number of days specified in the contract, shall 
constitute a valid order.


(End of clause)


552.238-125  Interpretation of Contract Requirements.

    As prescribed in 538.273(d)(36), insert the following clause:

Interpretation of Contract Requirements (Date)

    No interpretation of any provision of this contract, including 
applicable specifications, shall be binding on the Government unless 
furnished or agreed to in writing by the Contracting Officer or his 
designated representative.


(End of clause)


552.238-126  Export Traffic Release (Supplies).

    As prescribed in 538.273(d)(37), insert the following clause:

Export Traffic Release (Supplies) (Date)

    Supplies ordered by GSA for export will not be shipped by the 
Contractor until shipping instructions are received from GSA. To 
obtain shipping instructions, the Contractor shall forward completed 
copies of GSA Form 1611, Application for Shipping Instructions and 
Notice of Availability, to the GSA office designated on the purchase 
order at least 15 days prior to the anticipated shipping date. 
Copies of GSA Form 1611 will be furnished to the Contractor with the 
purchase order. Failure to comply with this requirement could result 
in nonacceptance of the material by authorities at the port of 
exportation. When supplies for export are ordered by other 
Government agencies the Contractor shall obtain shipping 
instructions from the ordering agency.


(End of clause)


552.238-127  Export Traffic Release (Vehicles).

    As prescribed in 538.273(d)(38), insert the following clause:

Export Traffic Release (Vehicles) (Date)

    Shipment of vehicles for export will not be accepted without a 
release (clearance). To obtain this clearance, the contractor shall 
complete GSA Form 1611, ``Application for Shipping Instructions and 
Notice of Availability,'' which can be obtained at the following Web 
site: http://www.gsa.gov/portal/forms/type/GSA.
    Thirty (30) days in advance of the anticipated date of 
availability for shipment, the Contractor is to submit a completed 
GSA Form 1611, including vehicle identification (VIN) number(s) for 
each export destination, to the Transportation Office designated on 
the delivery order. Shipment is not to be made until instructions 
are received from the above transportation office. Failure to adhere 
to this requirement shall result in refusal of shipment until proper 
release is obtained. Distribution instructions are provided with the 
form.


(End of clause)


552.238-128  Carload Shipments.

    As prescribed in 538.273(d)(39), insert the following clause:

Carload Shipments (Date)

    When shipment is to be made by rail, to one destination, of a 
carload quantity which includes an item or items the overall length 
of which when packed and/or palletized, is 60 inches or over, the 
Contractor shall, when ordering cars, specify that, if available, 
double-door rail cars be furnished. This provision is intended 
solely to facilitate unloading by forklift truck at destination. 
Under no circumstances shall scheduled shipment be delayed due to 
nonavailability of double-door cars.


(End of clause)


552.238-129  Spare Parts Kit.

    As prescribed in 538.273(d)(40), insert the following clause:

Spare Parts Kit (Date)

    (a) The Contractor will be required to offer a spare parts kit 
conforming, generally, to the following requirements for each item 
awarded under this solicitation: [The contracting officer shall 
insert the specifications for a spare parts kit specific to the 
solicited items.] **
    (b) The Contractor shall furnish prices for spare parts kits as 
follows:
    (i) Price of kit unpackaged;
    (ii) Price of kit in domestic pack; and
    (iii) Price of kit in wooden case, steel-strapped.
    (c) The Contractor will be required to furnish a complete 
description of spare parts kit offered, a list of parts included, 
and the price of the kit delivered f.o.b. destination to any point 
within the conterminous United States within 15 days after receipt 
of a request from the Contracting Officer. If the kit offered is 
acceptable to the Government, awards covering requirements will be 
made by supplemental agreement to this contract.


(End of clause)


552.238-130  Authentication Supplies and Services.

    As prescribed in 538.273(d)(41), insert the following clause:

Authentication Supplies and Services (Date)

    (a) General Background. (1) The General Services Administration 
(GSA) originally established the Access Certificates for Electronic 
Services (ACES) Program to provide digital certificates and PKI 
services for enabling e-Government applications that require logical 
access control, digital signature and/or electronic authentication. 
This category of supplies and services has been expanded beyond the 
original scope of ACES and is now described as ``Identity and Access 
Management'' (IAM) to clearly define the kinds of services that meet 
the requirements for service providers and supplies that support 
FISMA-compliant IAM systems deployed by Federal agencies.
    (2) Homeland Security Presidential Directive 12 (HSPD-12), 
``Policy for a Common Identification Standard for Federal Employees 
and Contractors'' establishes the requirement for a mandatory 
Government-wide standard for secure and reliable forms of 
identification issued by the Federal Government to its employees and 
Contractor employees assigned to Government contracts in order to 
enhance security, increase Government efficiency, reduce identity 
fraud, and protect personal privacy. Further, the Directive requires 
the Department of Commerce to promulgate a Federal standard for 
secure and reliable forms of identification within six months of the 
date of the Directive. As a result, the National Institute of 
Standards and Technology (NIST) released Federal Information 
Processing Standard (FIPS) 201: Personal Identity Verification of 
Federal Employees and Contractors on February 25, 2005. FIPS 201 
requires that the digital certificates incorporated into the 
Personal Identity Verification (PIV) identity credentials comply 
with the X.509 Certificate Policy for the U.S. Federal PKI Common 
Policy Framework. In addition, FIPS 201 requires that Federal 
identity badges referred to as PIV credentials, issued to Federal 
employees and Contractors comply with the Standard and associated 
NIST Special Publications 800-73, 800-76, 800-78, and 800-79.
    (b) Special Item Numbers. GSA has established the e-
Authentication Initiative (see URL: http://www.idmanagement.gov) to 
provide common infrastructure for the authentication of the public 
and internal federal users for logical access to Federal e-
Government applications and electronic services. To support the 
government-wide implementation of HSPD-12 and the Federal e-
Authentication Initiative, GSA has established Special Item Numbers 
(SINs) pertaining to Authentication Products and Services, including 
Electronic Credentials, Digital Certificates, eAuthentication, 
Identify and Access Management, PKI Shared Service Providers, and 
HSPD-12 Product and Service Components.

[[Page 54143]]

    (c) Qualification Information. (1) All Authentication supplies 
and services must be qualified as being compliant with Government-
wide requirements before they will be included on a GSA Information 
Technology (IT) Schedule contract. The Qualification Requirements 
and associated evaluation procedures against the Qualification 
Requirements for each SIN and the specific Qualification 
Requirements for HSPD-12 implementation components are presented at 
the following URL: http://www.idmanagement.gov.
    (2) In addition, the National Institute of Standards and 
Technology (NIST) has established the NIST Personal Identity 
Verification Program (NPIVP) to evaluate integrated circuit chip 
cards and supplies against conformance requirements contained in 
FIPS 201. GSA has established the FIPS 201 Evaluation Program to 
evaluate other supplies needed for agency implementation of HSPD-12 
requirements where normative requirements are specified in FIPS 201 
and to perform card and reader interface testing for 
interoperability. Products that are approved as FIPS-201 compliant 
through these evaluation and testing programs may be offered 
directly through HSPD-12 Supplies and Services Components SIN under 
the category ``Approved FIPS 201-Compliant Products and services''.
    (d) Qualification Requirements. Offerors proposing 
Authentication supplies and services under the established SINs are 
required to provide the following:
    (1) Proposed items must be determined to be compliant with 
Federal requirements for that SIN. Qualification Requirements and 
procedures for the evaluation of supplies and services are posted at 
the URL: http://www.idmanagement.gov. GSA will follow these 
procedures in qualifying offeror's supplies and services against the 
Qualification Requirements for applicable to SIN. Offerors must 
submit all documentation certification letter(s) for Authentication 
Supplies and Services offerings at the same time as submission of 
proposal. Award will be dependent upon receipt of official 
documentation from the Acquisition Program Management Office (APMO) 
listed below verifying satisfactory qualification against the 
Qualification Requirements of the proposed SIN(s).
    (2) After award, Contractor agrees that certified supplies and 
services will not be offered under any other SIN on any Federal 
Supply Schedule.
    (3)(i) If the Contractor changes the supplies or services 
previously qualified, GSA may require the Contractor to resubmit the 
supplies or services for re-qualification.
    (ii) If the Federal Government changes the qualification 
requirements or standards, Contractor must resubmit the supplies and 
services for re-qualification.
    (4) Immediately prior to making an award, Contracting Officers 
MUST consult the following Web site to ensure that the supplies and/
or services recommended for award under any Authentication Supplies 
and Services SINs are in compliance with the latest APL 
qualification standards: www.idmanagement.gov. A dated copy of the 
applicable page shall be made and included with the award documents.
    (e) Demonstrating Conformance. The Federal Government has 
established Qualification Requirements for demonstrating conformance 
with the Standards. The following Web sites provide additional 
information regarding the evaluation and qualification processes:
    (1) For Access Certificates for Electronic Services (ACES) and 
PKI Shared Service Provider (SSP) Qualification Requirements and 
evaluation procedures: http://www.idmanagement.gov.
    (2) For HSPD-12 Product and Service Components Qualification 
Requirements and evaluation procedures: http://www.idmanagement.gov.
    (3) For FIPS 201 compliant products and services qualification 
and approval procedures: http://www.csrc.nist.gov/piv-project and 
http://www.smart.gov.
    (f) Acquisition Program Management Office (APMO). GSA has 
established the APMO to provide centralized technical oversight and 
management regarding the qualification process to industry partners 
and Federal agencies. Contact the following APMO for information on 
the eAuthentication Qualification process. Technical, APMO, FIPS 
201, and HSPD-12 Points of Contact can be found below, or in an 
additional attachment to the solicitation. [The contracting officer 
shall insert the points of contact information below, unless 
otherwise included elsewhere in the solicitation.] 
**


(End of clause)


552.238-131  Commercial Satellite Communication (COMSATCOM) Services.

    As prescribed in 538.273(d)(42) insert the following clause:

Commercial Satellite Communication (COMSATCOM) Services (Date)

    (a) General Background. Special Item Numbers (SINs) have been 
established for Commercial Satellite Communications (COMSATCOM) 
services, focused on transponded capacity (SIN 132-54) and fixed and 
mobile subscription services (SIN 132-55), to make available common 
COMSATCOM services to all Ordering Activities.
    (b) Information Assurance. (1) The Contractor shall demonstrate, 
to the maximum extent practicable, the ability to meet:
    (i) The Committee on National Security Systems Policy (CNSSP) 
12, ``National Information Assurance Policy for Space Systems used 
to Support National Security Missions''; or
    (ii) Department of Defense Directive (DoDD) 8581.1, 
``Information Assurance (IA) Policy for Space Systems Used by the 
Department of Defense.''
    (2) The Contractor shall demonstrate the ability to comply with 
the Federal Information Security Management Act of 2002 as 
implemented by Federal Information Processing Standards Publication 
200 (FIPS 200), ``Minimum Security Requirements for Federal 
Information and Information Systems.'' In response to ordering 
activity requirements, at a minimum, all services shall meet the 
requirements assigned against:
    (i) A low-impact information system (per FIPS 200) that is 
described in the current revision of National Institute of Standards 
and Technology (NIST) Special Publication (SP) 800-53, ``Recommended 
Security Controls for Federal Information Systems and 
Organizations,'' or
    (ii) A Mission Assurance Category (MAC) III system that is 
described in the current revision of DoD Instruction (DoDI) 8500.2, 
``Information Assurance Implementation.''
    (3) The Contractor's information assurance boundary is where the 
Contractor's services connect to the user terminals/equipment (i.e., 
includes satellite command encryption (ground and space); systems 
used in the Satellite Operations Centers (SOCs), Network Operations 
Centers (NOCs) and teleport; and terrestrial infrastructure required 
for service delivery).
    (c) Delivery Schedule. The Contractor shall deliver COMSATCOM 
services in accordance with 552.238-78.
    (d) Portability. The Contractor shall have the capability to 
redeploy COMSATCOM services, subject to availability. Portability 
shall be provided within the COMSATCOM Contractor's resources at any 
time as requested by the ordering activity. When portability is 
exercised, evidence of equivalent net present value (NPV) shall be 
provided by the Contractor.
    (e) Flexibility/Optimization. The Contractor shall have the 
capability to re-groom resources for spectral, operational, or price 
efficiencies. Flexibility/optimization shall be provided within the 
COMSATCOM Contractor's resources at any time as requested by the 
ordering activity. When flexibility/optimization is exercised, 
evidence of equivalent net present value (NPV) shall be provided by 
the Contractor. The Contractor is encouraged to submit re-grooming 
approaches for ordering activity consideration that may increase 
efficiencies for existing COMSATCOM services.
    (f) Net Ready (Interoperability). COMSATCOM services shall be 
consistent with commercial standards and practices. Services shall 
have the capability to access and/or interoperate with Government or 
other Commercial teleports/gateways and provide enterprise service 
access to or among networks or enclaves. Interfaces may be 
identified as interoperable on the basis of participation in a 
sponsored interoperability program.
    (g) Network Monitoring (Net OPS). The Contractor shall have the 
capability to electronically collect and deliver near real-time 
monitoring, fault/incident/outage reporting, and information access 
to ensure effective and efficient operations, performance, and 
availability, consistent with commercial practices. Consistent with 
the Contractor's standard management practices, the Net Ops 
information will be provided on a frequency (example: every 6 hours, 
daily) and format (example: SNMP, XML) as defined in a requirement 
to a location/entity/electronic interface defined by the ordering 
activity. Specific reporting requirements will be defined by the 
Ordering Activity.
    (h) EMI/RFI Identification, Characterization, and Geo-location. 
The

[[Page 54144]]

Contractor shall have the capability to collect and electronically 
report in near real-time Electro Magnetic Interference (EMI)/Radio 
Frequency Interference (RFI) identification, characterization, and 
geo-location, including the ability to identify and characterize 
sub-carrier EMI/RFI being transmitted underneath an authorized 
carrier, and the ability to geo-locate the source of any and all 
EMI/RFI. The Contractor shall establish and use with the ordering 
activity a mutually agreed upon media and voice communications 
capability capable of protecting ``Sensitive, but Unclassified'' 
data.
    (i) Security. (1) The Contractor may be required to obtain/
possess varying levels of personnel and facility security clearances 
up to U.S. Government TOP SECRET/Sensitive Compartmented Information 
(TS/SCI) or equivalent clearances assigned by the National Security 
Authority of a NATO Member State or Major Non-NATO Ally.
    (2) For incident resolution involving classified matters, the 
Contractor shall provide appropriately cleared staff who can affect 
COMSATCOM services operations (example: satellite payload 
operations, network operations). The Contractor shall provide a 
minimum of one operations staff member AND a minimum of one person 
with the authority to commit the company if resolution requires 
business impacting decisions (example: Chief Executive Officer, 
Chief Operations Officer, etc.).
    (3) When Communications Security or Transmission Security 
equipment or keying material is placed in the equipment/terminal 
shelter, the Contractor shall ensure compliance with applicable 
physical security directives/guidelines and that all deployed 
equipment/terminal operations and maintenance personnel shall 
possess the appropriate clearances, equal to or higher than the 
classification level of the data being transmitted. Where local 
regulations require use of foreign personnel for terminal operations 
and maintenance, then the Contractor shall ensure compliance with 
applicable security directives/guidelines and document to the U.S. 
Government's satisfaction that protective measures are in place and 
such individuals have equivalent clearances granted by the local 
host nation.
    (4) For classified operations security (OPSEC), the Contractor 
shall ensure that all personnel in direct contact with classified 
OPSEC indicators (example: the unit, location, and time of 
operations) have U.S. SECRET or higher personnel security 
clearances, or, as appropriate, equivalent clearances assigned by 
the National Security Authority of a NATO Member State or Major Non-
NATO Ally, in accordance with applicable security directives and 
guidelines.
    (5) For classified requirements, cleared satellite operator 
staff must have access to secure voice communications for emergency 
purposes. Communications security equipment certified by the 
National Security Agency (NSA) to secure unclassified and up to and 
including SECRET communication transmissions at all operations 
centers is preferred. If a Contractor is unable to have access to 
NSA-approved communications security equipment at its operations 
centers, then a combination of a ``Sensitive but Unclassified'' 
(SBU) cryptographic module approved by the U.S. National Institute 
for Standards and Technology and pre-arranged access to National 
Security Agency-approved communications security equipment at an 
agreed alternate facility is acceptable.
    (6) The Contractor shall have the capability to ``mask'' or 
``protect'' users against unauthorized release of identifying 
information to any entity that could compromise operations security. 
Identifying information includes but is not limited to personal user 
and/or unit information including tail numbers, unit names, unit 
numbers, individual names, individual contact numbers, street 
addresses, etc.
    (j) Third party billing for COMSATCOM subscription services. The 
Contractor shall identify authorized network infrastructure for the 
ordering activity. In some cases, the user of the terminal may 
access network infrastructure owned or operated by a third party. In 
the event a terminal is used on a third party's network 
infrastructure, the Contractor shall provide to the ordering 
activity, invoices and documentation reflecting actual usage amount 
and third party charges incurred. The ordering activity shall be 
billed the actual third party charges incurred, or the contract 
third party billing price, whichever is less.


(End of clause)


552.238-132  Environmental Protection Agency Registration Requirement.

    As prescribed in 538.273(d)(43), insert the following clause:

Environmental Protection Agency Registration Requirement (Date)

    (a) With respect to the products described in this solicitation 
which require registration with the Environmental Protection Agency 
(EPA), as required by the Federal Insecticide, Fungicide, and 
Rodenticide Act, Section 3, Registration of Pesticides, awards will 
be made only for such products that have been assigned an EPA 
registration number, prior to the time of bid opening.
    (b) The offeror shall insert in the spaces provided below, the 
manufacturer's and/or distributor's name and the ``EPA Registration 
Number'' for each item offered. Any offer which does not specify a 
current ``EPA Registration Number'' in effect for the duration of 
the contract period, and including the manufacturer's and/or 
distributor's name will be rejected.

 
                             Name of manufacturer/
        Item Nos.               Distributor No.            EPA Registration          Date of expiration
 
 
 
 

    (c) If, during the performance of a contract awarded as a result 
of this solicitation, the EPA Registration Number for products being 
furnished is terminated, withdrawn, canceled, or suspended, and such 
action does not arise out of causes beyond the control, and with the 
fault or negligence of the Contractor or subcontractor, the 
Government may terminate the contract pursuant to either the Default 
Clause or Termination for Cause Paragraph (contained in the clause 
52.212-4, Contract Terms and Conditions--Commercial Items), 
whichever is applicable to the resultant contract.


(End of clause)
[FR Doc. 2014-21326 Filed 9-9-14; 8:45 am]
BILLING CODE 6820-61-P