[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Rules and Regulations]
[Pages 17030-17054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08012]



[[Page 17029]]

Vol. 84

Tuesday,

No. 78

April 23, 2019

Part IV





General Services Administration





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48 CFR Parts 501, 515, 538, et al.





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

  Federal Register / Vol. 84 , No. 78 / Tuesday, April 23, 2019 / Rules 
and Regulations  

[[Page 17030]]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 501, 515, 538, and 552

[Change 100; GSAR Case 2013-G502; Docket No. GSA-GSAR-2019-0008; 
Sequence No.1]
RIN 3090-AJ41


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

AGENCY: Office of Acquisition Policy, General Services Administration.

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) is issuing a final 
rule amending the General Services Administration Acquisition 
Regulation (GSAR) Part 515, Contracting by Negotiation, Part 538, 
Federal Supply Schedule Contracting, and GSAR Part 552, Solicitation 
Provisions and Contract Clauses, to clarify, update, and incorporate 
existing Federal Supply Schedule contract administration policies and 
procedures.

DATES: Effective: May 23, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Dana Bowman, 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 Division at 202-501-4755. Please cite GSAR Case 2013-G502.

SUPPLEMENTARY INFORMATION:

I. Background

    In 2006, GSA initiated a rewrite of the GSAM to consolidate, 
update, and revise policy to fulfill statutory and executive order 
requirements, meet the needs of evolving acquisition programs within 
GSA's Federal Acquisition Service (FAS), Public Building Service (PBS), 
and other staff procurement offices, and ensure consistency with the 
FAR.
    GSAR Case 2006-G507 was created to rewrite GSAR Part 538, Federal 
Supply Schedule Contracting. The proposed rule, published in the 
Federal Register at 74 FR 4596, on January 26, 2009, received well over 
100 public comments and received considerable stakeholder opposition. 
Therefore, GSA withdrew this case (i.e., the complete rewrite of GSAM 
Part 538) in favor of an iterative approach--opening cases with a more 
limited scope to allow stakeholders to focus on specific issues that 
allowed for robust analysis and discussion as well as increased 
transparency--while expediting the rulemaking process as much as 
possible.
    GSAR Case 2013-G502 Federal Supply Schedule Contracting 
(Administrative Changes) \1\ was opened as one of several cases to 
reform the Federal Supply Schedule (FSS) Program and address 
outstanding issues. This case is focused on incorporating non-complex 
provisions and clauses, updating administrative matters, and 
restructuring the GSAR to be more consistent with the FAR in terms of 
the FSS program.
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    \1\ See 79 FR 54126, dated September 10, 2014; Extension 79 FR 
64356, dated October 29, 2014.
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    GSA's FSS program, commonly known as the GSA Schedules program or 
Multiple Award Schedule (MAS) program, is the Government's most used 
commercial-item purchasing channel, accounting for approximately $34.2 
billion of Federal contract awards in fiscal year 2018 (not including 
the VA Schedules).
    GSA Schedules provide a convenient and effective option for both 
ordering activities and Schedule contractors. Ordering activities enjoy 
simplified ordering procedures and reduced prices, while Schedule 
contractors connect with federal business quickly and easily. 
Additional features of the Schedules program, including Blanket 
Purchase Agreements (BPAs) and Contractor Team Arrangements (CTAs), 
greatly enhance the flexibility of the program. These features offer:
     Additional price discounts for ordering activities;
     Expanded opportunities for contractors;
     Elimination of redundant effort, with a single contracting 
vehicle fulfilling complex or ongoing needs;
     Reductions in administrative time and paperwork;
     Expanded business opportunities for socioeconomic groups; 
and
     Help for ordering activities wishing to reach socio-
economic goals.
    The Schedules Program supports Federal Agencies' missions by 
providing access from simple commodities such as pens and pencils to 
complex services such as IT Modernization.

Authority for This Rulemaking

    Pursuant to paragraph (3) of section 152 of Title 41 of the United 
States Code, GSA is authorized to establish procedures for the Federal 
Supply Schedules (FSS) program. FSS procedures meet the Competition in 
Contracting Act (CICA) requirement of full and open competition as long 
as participation has been open to all responsible sources; and orders 
and contracts under those procedures result in the lowest overall cost 
alternative to meet the needs of the Federal Government.

II. Discussion of the Final Rule

    GSA published a proposed rule with a request for public comments in 
the Federal Register at 79 FR 54126 on September 10, 2014 to clarify 
and update the contracting by negotiations GSAR section and incorporate 
existing Federal Supply Schedule Contracting policies and procedures, 
and corresponding provisions and clauses. This final rule amends the 
GSAR at 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.
    Specifically, the GSAR amendments included in this final rule are 
as follows:
    1. Solicitation and Contract Structuring: 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. New Clauses and Provisions: Thirty (30) new FSS-specific clauses 
and provisions, previously implemented through internal GSA policy and 
currently in FSS solicitations and contracts are incorporated into GSAR 
parts 538 and 552. Bringing these clauses and provisions into the GSAR 
allows for greater transparency, and consolidates all regulations into 
one area, while updating administrative information to ensure currency 
and consistency within the FSS program. The thirty (30) new provisions/
clauses, prescriptions, and brief descriptions are as follows:

[[Page 17031]]



----------------------------------------------------------------------------------------------------------------
             No.                         Name                   Prescription                 Description
----------------------------------------------------------------------------------------------------------------
552.238-70...................  Cover Page for Worldwide  Use in all FSS             This provision notifies the
                                Federal Supply            solicitations.             Offeror of the industry and
                                Schedules.               Use Alternate I for         types of products/services
                                                          single-award Federal       being solicited.
                                                          Supply Schedules.
552.238-71...................  Notice of Total Small     Use in FSS solicitations   This provision notifies
                                Business Set-Aside.       containing Special Item    small business Offerors
                                                          Numbers (SINs) that are    which Special Item Numbers
                                                          set aside for small        (SINs) are set aside.
                                                          business.
552.238-72...................  Information Collection    Use in all FSS             This provision informs
                                Requirements.             solicitations.             Offerors that only required
                                                                                     regulations are contained
                                                                                     in the solicitation.
552.238-74...................  Introduction of New       Use only in FSS            This provision notifies
                                Supplies/Services         solicitations allowing     Offerors of the method to
                                (INSS).                   the introduction of new    propose new services or
                                                          supplies/services. Note:   supplies not covered by the
                                                          GSA Form 1649,             Schedule.
                                                          Notification of Federal
                                                          Supply Schedule
                                                          Improvement, may be
                                                          required if revising a
                                                          Special Item Number
                                                          (SIN).
552.238-76...................  Use of Non-Government     Use only in FSS            This provision provides
                                Employees to Review       solicitations when non-    notification to Offerors
                                Offers.                   Government employees may   that non-Government
                                                          be utilized to review      employees may be utilized
                                                          solicitation responses.    to review their
                                                                                     solicitation response.
552.238-87...................  Delivery Prices.........  Use in all FSS             This clause ensures all
                                                          solicitations and          parties are aware of the
                                                          contracts.                 delivery terms of the
                                                                                     contract.
552.238-88...................  GSA Advantage!..........  Use in all FSS             This clause outlines to the
                                                          solicitations and          Contractor that it must
                                                          contracts except the       participate in the GSA
                                                          Department of Veterans     Advantage![supreg] online
                                                          Affairs Federal Supply     shopping service. This
                                                          Schedules.                 clause is not applicable to
                                                                                     the Department of Veterans
                                                                                     Affairs.
552.238-89...................  Deliveries to the U.S.    Use only in FSS            This clause provides
                                Postal Service.           solicitations and          requirements for the
                                                          contracts for mailable     delivery of mailable
                                                          articles when delivery     articles delivered direct
                                                          to a U.S. Postal Service   to a USPS facility. The
                                                          (USPS) facility is         clause ensures the use of
                                                          contemplated.              the USPS to reduce
                                                                                     unnecessary costs of
                                                                                     shipping.
552.238-90...................  Characteristics of        Use only in FSS            This clause requires the
                                Electric Current.         solicitations and          Contractor to provide
                                                          contracts when the         equipment with electrical
                                                          supply of equipment that   currents suitable for the
                                                          uses electrical current    location in which the
                                                          is contemplated.           equipment is to be used, as
                                                                                     specified on the order.
552.238-91...................  Marking and               Use only in FSS            This clause defines the
                                Documentation             solicitations and          responsibility of Ordering
                                Requirements for          contracts for supplies     Activities and Contractors
                                Shipping.                 when the need for          for the marking and
                                                          outlining the minimum      documentation of shipping
                                                          information and            information.
                                                          documentation required
                                                          for shipping is
                                                          contemplated.
552.238-92...................  Vendor Managed Inventory  Use only in FSS            This clause allows
                                (VMI) Program.            solicitations and          Contractors that
                                                          contracts for supplies     commercially provide a VMI
                                                          when a VMI Program is      type system to enter into
                                                          contemplated.              similar partnerships with
                                                                                     customers under a Blanket
                                                                                     Purchase Agreements.
552.238-93...................  Order Acknowledgement...  Use only in FSS            This clause requires
                                                          solicitations and          Contractors to acknowledge
                                                          contracts for supplies.    orders which state ``Order
                                                                                     Acknowledgement 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.
552.238-94...................  Accelerated Delivery      Use only in FSS            This clause assists with the
                                Requirements.             solicitations and          request of accelerated
                                                          contracts for supplies.    delivery when the FSS
                                                                                     contract delivery period
                                                                                     does not meet the bona fide
                                                                                     urgent delivery
                                                                                     requirements of an Ordering
                                                                                     Activity.
552.238-95...................  Separate Charge for       Use only in FSS            This clause ensures both
                                Performance Oriented      solicitations and          parties, Contractors and
                                Packaging (POP).          contracts for items        Ordering Activities, are
                                                          defined as hazardous       aware of a separate charge
                                                          under Federal Standard     for preservation,
                                                          No. 313.                   packaging, packing and
                                                                                     marking and labeling of
                                                                                     domestic and overseas
                                                                                     HAZMAT surface shipments.
552.238-96...................  Separate Charge for       Use only in FSS            This clause ensures both
                                Delivery Within           solicitations and          parties, Contractors and
                                Consignee's Premises.     contracts for supplies     Ordering Activities, are
                                                          when allowing Offerors     aware of a separate charges
                                                          to propose separate        for deliveries within the
                                                          charges for deliveries     consignee's premises.
                                                          within the consignee's
                                                          premises.

[[Page 17032]]

 
552.238-97...................  Parts and Service.......  Use in all FSS             This clause is used to
                                                          solicitations and          ensure that the parts and
                                                          contracts.                 services (including the
                                                                                     performance of warranty or
                                                                                     guarantee service)
                                                                                     submitted by Offerors
                                                                                     (dealers/distributors) is
                                                                                     good for the entire
                                                                                     contract period.
552.238-98...................  Clauses for Overseas      Use only in FSS            This clause ensures all
                                Coverage.                 solicitations and          applicable overseas clauses
                                                          contracts when overseas    are included in the
                                                          acquisition is             solicitation and contract.
                                                          contemplated.
                                                         The following clauses and
                                                          provisions shall also be
                                                          inserted in full text,
                                                          when applicable.
                                                         (a) 52.214-34 Submission
                                                          of Offers in the English
                                                          Language.
                                                         (b) 52.214-35 Submission
                                                          of Offers in U.S.
                                                          Currency.
                                                         (c) 552.238-90
                                                          Characteristics of
                                                          Electric Current.
                                                         (d) 552.238-91 Marking
                                                          and Documentation
                                                          Requirements Per
                                                          Shipment.
                                                         (e) 552.238-97 Parts and
                                                          Service.
                                                         (f) 552.238-99 Delivery
                                                          Prices Overseas.
                                                         (g) 552.238-100
                                                          Transshipments.
                                                         (h) 552.238-101 Foreign
                                                          Taxes and Duties.
                                                         (i) 52.247-34 FOB
                                                          Destination.
                                                         (j) 52.247-38 FOB Inland
                                                          Carrier, Point of
                                                          Exportation.
                                                         (k) 52.247-39 FOB Inland
                                                          Point, Country of
                                                          Importation.
552.238-99...................  Delivery Prices Overseas  Use only in FSS            This clause is for use for
                                                          solicitations and          f.o.b. destination in
                                                          contracts when overseas    overseas deliveries to
                                                          acquisition is             ensure that all parties are
                                                          contemplated.              aware of delivery terms.
552.238-100..................  Transshipments..........  Use in FSS solicitations   This clause states the terms
                                                          and contracts when         and conditions for
                                                          overseas acquisition is    transshipments, and
                                                          contemplated.              provides information to
                                                                                     Contractors with the
                                                                                     necessary Department of
                                                                                     Defense forms.
552.238-101..................  Foreign Taxes and Duties  Use only in FSS            This clause delineates which
                                                          solicitations and          fees, taxes and other
                                                          contracts when overseas    foreign Governmental costs
                                                          acquisition is             are exempt/non-exempt by
                                                          contemplated.              the U.S. Government.
552.238-102..................  English Language and      Use in all FSS             This clause is used to
                                U.S. Dollar               solicitations and          instruct Contractors that
                                Requirements.             contracts.                 all documents shall be
                                                                                     produced in the English
                                                                                     language, including, but
                                                                                     not limited to, price lists
                                                                                     and catalogs.
552.238-103..................  Electronic Commerce.....  Use in all FSS             This clause outlines the use
                                                          solicitations and          of electronic commerce/data
                                                          contracts except the       interchange to conduct
                                                          Department of Veterans     contract processes and
                                                          Affairs Federal Supply     procedures.
                                                          Schedules.
552.238-104..................  Dissemination of          Use in all FSS             This clause provides to the
                                Information by            solicitations and          Contractor the
                                Contractor.               contracts.                 responsibility of
                                                                                     distributing Authorized
                                                                                     Federal Supply Schedule
                                                                                     Price Lists to all
                                                                                     authorized sales outlets.
552.238-105..................  Deliveries Beyond the     Use only in FSS            This clause allows orders to
                                Contractual Period--      solicitations and          be processed if they were
                                Placing of Orders.        contracts for supplies.    received prior to the
                                                                                     expiration of the contract.
552.238-106..................  Interpretation of         Use in all FSS             This indicates that only
                                Contract Requirements.    solicitations and          written clarifications
                                                          contracts.                 regarding interpretation of
                                                                                     contract clauses may only
                                                                                     be made by the Contracting
                                                                                     Officer or his/her
                                                                                     designated representative.
552.238-107..................  Export Traffic Release    Use in FSS solicitations   This clause informs
                                (Supplies).               and contracts for          Contractors of the
                                                          supplies, except           requirements for exporting
                                                          vehicles.                  items under the contract.
552.238-108..................  Spare Parts Kit.........  Use only in FSS            This clause ensures
                                                          solicitations and          requirements for spare part
                                                          contracts for items        kits are understood by all
                                                          requiring spare part       parties.
                                                          kits.

[[Page 17033]]

 
552.238-109..................  Authentication Supplies   Use in Federal Supply      This clause outlines
                                and Services.             Schedule 70                requirements for the
                                                          solicitations only, and    Homeland Security
                                                          only contracts awarded     Presidential Directive 12
                                                          Special Item Numbers       (HSPD-12).
                                                          (SINs) associated with
                                                          the Homeland Security
                                                          Presidential Directive
                                                          12 (HSPD-12).
552.238-110..................  Commercial Satellite      Use only in FSS            This clause provides minimum
                                Communication             solicitations and          requirements for COMSATCOM
                                (COMSATCOM) Services.     contracts for COMSATCOM    services.
                                                          services.
552.238-111..................  Environmental Protection  Use only in FSS            This clause ensures items in
                                Agency Registration       solicitations and          FSC Group 68 items
                                Requirement.              contracts for supplies     (insecticides, etc.) are
                                                          when items may require     properly registered with
                                                          registration with the      EPA.
                                                          Environmental Protection
                                                          Agency.
----------------------------------------------------------------------------------------------------------------

    3. Reinstated Clauses and Provisions: Four (4) FSS-specific clauses 
and provisions that were removed from the GSAR as part of a previous 
General Services Administration Acquisition Manual (GSAM) rewrite and 
retained by internal GSA policy are reinstated and given new clause 
numbers. The clauses and provisions are reinstated into GSAR Parts 538 
and 552 in order to ensure consistency and transparency. The four (4) 
reinstated clauses/provisions, prescriptions, and a brief description 
are as follows:

----------------------------------------------------------------------------------------------------------------
         New No.            Previous No.           Name               Prescription             Description
----------------------------------------------------------------------------------------------------------------
552.238-75...............      552.212-73  Evaluation--Commerci  Use in FSS standing    This provision informs
                                            al Items (Federal     solicitations.         Offerors that multiple
                                            Supply Schedules).                           awards for commercial
                                                                                         items offered may be
                                                                                         made, resulting in a
                                                                                         binding contract
                                                                                         between parties.
552.238-84...............       552.232-8  Discounts for Prompt  Use in all FSS         This clause provides the
                                            Payment.              solicitations and      rules governing early
                                                                  contracts.             payment under the FSS
                                                                                         contract (and resulting
                                                                                         orders).
552.238-85...............      552.232-83  Contractor's Billing  Use in all FSS         This clause provides to
                                            Responsibilities.     solicitations and      the Contractor the
                                                                  contracts.             requirements of billing
                                                                                         responsibilities,
                                                                                         particularly those
                                                                                         associated with
                                                                                         participating dealers.
552.238-86...............      552.211-78  Delivery Schedule...  Use only in FSS        This clause provides to
                                                                  solicitations and      the Offeror the
                                                                  contracts for          requirement to address
                                                                  supplies.              normal commercial
                                                                                         delivery times in its
                                                                                         offer.
----------------------------------------------------------------------------------------------------------------

    4. Revised Existing Clauses and Provisions: Ten (10) existing FSS-
specific clauses and provisions are updated to reflect current 
references and practices. The ten (10) updated existing clauses/
provisions and a brief description of the changes are as follows:

------------------------------------------------------------------------
          No.                      Name            Description of change
------------------------------------------------------------------------
552.212-71.............  Contract Terms and       Updated to remove
                          Conditions Applicable    unnecessary clauses
                          to GSA Acquisition       and outdated FSS
                          Commercial Items.        clauses.
552.238-73.............  Identification of        Prescription update to
                          Electronic Office        use only in FSS
                          Equipment Providing      solicitations for
                          Accessibility for the    electronic office
                          Handicapped.             equipment.
552.238-74.............  Submission and           Prescription updated
                          Distribution of          to use in all FSS
                          Authorized Federal       solicitations and
                          Supply Schedule (FSS)    contracts.
                          Price Lists.
552.238-75.............  Identification of        Prescription updated
                          Products that have       to use only in FSS
                          Environmental            solicitations and
                          Attributes.              contracts that
                                                   contemplate items
                                                   with environmental
                                                   attributes.
552.238-76.............  Cancellation...........  Prescription updated
                                                   to use in all FSS
                                                   solicitations and
                                                   contracts.
552.238-77.............  Industrial Funding Fee   Prescription updated
                          and Sales Reporting.     to use in all FSS
                                                   solicitations and
                                                   contracts.
552.238-78.............  Price Reductions.......  Prescription updated
                                                   to use in all FSS
                                                   solicitations and
                                                   contracts.
552.238-79.............  Scope of Contract        Updated to reference
                          (Eligible Ordering       the correct payment
                          Activities).             clause, FAR 52.232-
                                                   36, Payment by Third
                                                   Party.
552.238-80.............  Modifications..........  Prescription updated
                                                   to use in all FSS
                                                   solicitations and
                                                   contracts.
                                                  (i) Use Alternate I
                                                   for Federal Supply
                                                   Schedules that only
                                                   accept eMod.
552.238-81.............  Examination of Records   Relocated and retitled
                          by GSA (Federal Supply   from 552.215-71,
                          Schedules).              Examination of
                                                   Records by GSA
                                                   (Multiple Award
                                                   Schedule) as this is
                                                   an FSS-specific
                                                   clause.
------------------------------------------------------------------------


[[Page 17034]]

    5. Technical Amendments: 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).

A. Summary of Significant Changes From the Proposed Rule

    Three respondents submitted numerous comments in response to the 
proposed rule. The General Services Administration has reviewed the 
comments in the development of the final rule. A discussion of the 
comments and the changes made to the rule as a result of these comments 
are addressed in the Analysis of Public Comments Section.
    This final rule makes the following changes from the proposed rule:
     New Clauses and Provisions: Forty-three (43) new FSS-
specific clauses and provisions were contemplated in the proposed rule 
for public comment.\2\ The proposed rule published incorrectly stated 
this number as thirty-five (35) and listed forty-five (45) clauses. 
However, 552.238-82 (Proposed Rule), now 552.238-89 (Final Rule), 
Delivery Schedule was incorrectly included in the ``new'' clause list 
rather than the ``reinstated'' clause list. In addition, 552.238-92 
Examination of Records by GSA (Federal Supply Schedules) was 
incorrectly included in the ``new'' clause list rather than the 
``revised existing'' clause list. So, the correct number was forty-
three (43) ``new'' FSS-specific clauses in the proposed rule. After 
taking into consideration public comments received from the proposed 
rule, thirty (30) new FSS-specific clauses and provisions are 
incorporated into GSAR parts 538 and 552 in the final rule. The 
following thirteen (13) clauses from the proposed rule are removed from 
the GSAR final rule:
---------------------------------------------------------------------------

    \2\ The proposed rule at 79 FR 54126 notes thirty-five (35) new 
clauses and provisions in the text at Paragraph I.2, but lists 
forty-five (45) new clauses and provisions in the table. One (1) of 
the clauses listed in the proposed rule table, ``Delivery 
Schedule'', was actually previously part of the GSAR and is now 
reinstated; this is now reflected in Paragraph II.3 of the final 
rule. One (1) of the clauses listed in the proposed rule table, 
``Examination of Records by GSA'', actually existed in the GSAR and 
is moved; this is now reflected in Paragraph II.4 of the final rule.

[cir] 552.238-85 Significant Changes
[cir] 552.238-88 Notice: Requests for Explanation or Information and 
Hours of Operation
[cir] 552.238-91 Authorized Negotiators
[cir] 552.238-102 Inspection at Destination
[cir] 552.238-106 Post-Award Samples
[cir] 552.238-107 Restriction on the Acceptance of Orders
[cir] 552.238-110 Shipping Points
[cir] 552.238-111 Contact for Contract Administration
[cir] 552.238-119 Federal Excise Tax
[cir] 552.238-120 Guarantee
[cir] 552.238-122 Imprest Funds
[cir] 552.238-127 Export Traffic Release (Vehicles)
[cir] 552.238-128 Carload Shipments

     Reinstated Clauses and Provisions: Seven (7) FSS-specific 
clauses and provisions were contemplated for reinstatement in the 
proposed rule for public comment. The proposed rule published 
incorrectly identified this number as six (6), because 552.238-82 
(P.R.), now 552.238-90 (F.R.) Delivery Schedule was incorrectly 
included in the list of ``new'' FSS-specific clauses rather than the 
``reinstated'' clauses. After taking into consideration public comments 
received from the proposed rule, four (4) FSS-specific clauses and 
provisions are reinstated into GSAR parts 538 and 552 in the final 
rule. The following three (3) clauses from the proposed rule are 
removed from the GSAR final rule:

[cir] 552.238-89 Contractor's Remittance (Payment) Address
[cir] 552.238-97 Payment by Credit Card
[cir] 552.238-98 Warranty

     Revised Existing Clauses and Provisions: Nine (9) existing 
clauses and provisions were contemplated for revision in the proposed 
rule for public comment. The proposed rule published incorrectly 
identified this number as seven (7) clauses. However, GSAR clause 
552.238-94 Examination of Records by GSA (Federal Supply Schedules) was 
incorrectly included in the list of ``new'' FSS-specific clauses rather 
than the ``revised existing'' clauses. In addition, GSAR clause 
552.238-78 Scope of Contract (Eligible Ordering Activities) is revised 
to replace the reference to GSAR clause 552.232-79 Payment by Credit 
Card, which is redundant to FAR clause 52.232-36 Payment by Third 
Party, and is now included in the list of ``revised existing'' clauses. 
So, the correct number is nine (9) ``revised existing'' FSS-specific 
clauses from the proposed rule. After reviewing the public comments and 
reflecting on the content, ten (10) revised existing FSS-specific 
provisions and clauses are incorporated into GSAR parts 538 and 552 in 
the final rule. The following one (1) GSAR clause is added to the GSAR 
final rule because it includes references to GSAR clauses affected by 
this case and is amended to reflect such.

[cir] 552.212-71 Contract Terms and Conditions Applicable to GSA 
Acquisition of Commercial Items

B. Analysis of Public Comments

    GSA received numerous comments from three respondents in response 
to the proposed rule.\3\ All comments filed were considered. A 
discussion of the comments and the changes made to the final rule as a 
result of those comments is provided as follows:
---------------------------------------------------------------------------

    \3\ See GSAR Case 2013-G502; Docket 2014-0009; Sequence 1 [79 FR 
54125 (September 10, 2014)].
---------------------------------------------------------------------------

    The comments received covered several points and topics. In order 
to provide clarification and to better respond to the issues raised, 
the respondents' comments are organized into the following categories: 
(1) General comments regarding the overall rule; (2) Comments on 
specific provisions and clauses in the rule; (3) Comments regarding the 
Paperwork Reduction Act and Regulatory Flexibility Act; and (4) 
Comments outside the scope of the rule.
1. General Comments
    The following general comments were received in response to the 
proposed rule:
    Respondent: There is value in GSA maintaining a system of 
Acquisition and Instruction Letters to the GSAR as this is a mechanism 
to provide transparency.
    GSA Response: GSA will continue to maintain a system of Acquisition 
Letters and Instructional Letters to supplement the GSAR. However, the 
goal is to implement such policy letters into the GSAM/GSAR for 
transparency and policy guidance. No changes were made to the final 
rule as a result of this comment.
    Respondent: GSA should initiate a Federal Acquisition Regulation 
(FAR) case to delete all references to ``Federal Supply Schedule 
(FSS)'' and replace with the term ``GSA Multiple Award Schedule (MAS)'' 
or ``GSA Schedule.''
    GSA Response: ``Federal Supply Schedule'' is being incorporated in 
the GSAR to achieve consistency with the FAR, which does not frequently 
use the term ``Multiple Award Schedule (MAS).'' Until MAS is changed in 
the FAR, the GSAR will use the term Federal Supply Schedule.
    Respondent: GSA has not performed a detailed analysis of nor 
obtained a baseline understanding of how the proposed policies were 
historically administered and implemented across all Schedules and the 
GSA FSS contracting officer community.
    GSA Response: GSA has performed an in-depth analysis of the clauses 
proposed in this rule and has

[[Page 17035]]

determined that the clauses are still used in FSS contracts. Adding 
them to the GSAR increases clarity for FSS contracting officers and 
contractors to understand when each clause should be used. However, 
based on comments received in response to the proposed rule, some 
clauses are revised to address the specific comments related to 
outdated policies. No changes were made to the final rule as a result 
of this comment.
    Respondent: GSA should reissue the proposed rule, covering only 
clauses currently included in all GSA Schedule contracts and which are 
being incorporated into the GSAR without change.
    GSA Response: This rule only incorporates clauses currently in use 
by the FSS program through internal agency policy (e.g., acquisition 
letters). With the exception of minor administrative edits, different 
numbers, and slightly different names to improve clarity, the 
substances of the clauses are the same as those currently in FSS 
contracts and are being incorporated into the GSAR without change.
    Respondent: Additional time should be allocated to interested 
parties to comment on the proposed language, discuss specific issues 
with each of the legacy policies, and the implications on current 
operations.
    GSA Response: GSA extended the comment period to provide additional 
time for interested parties to provide comments (See 79 FR 64356).
    Respondent: The respondent requested clarity on the number of new 
FSS-specific clauses currently in FSS solicitations that will be 
incorporated into the GSAR.
    GSA Response: The final rule incorporates 33 new FSS-specific 
clauses.
2. Comments on Specific Provisions and Clauses
GSAR Text Amended as a Result of Public Comments
    Respondent: The proposed rule adds GSAR clause Evaluation--
Commercial Items including an alternate.
    A clause entitled Evaluation--Commercial Items (Multiple Award 
Schedule (552.212-73) has been in the MAS contract since 1997.
    Alternate I, however, is new and a significant change to the way 
resellers' offers are now evaluated. Further, the provisions of the 
clause are inconsistent with MAS contracting policy and procedures. 
Alternate I is prescribed for use in non-standing Schedules. At a 
minimum the rule should explain what a non-standing schedule is. It is 
not a concept currently in use.
    GSA Response: Concur. The alternate version of the provision is 
removed from the GSAR text final rule. Additionally, instructions for a 
single-award Federal Supply Schedule which has a beginning and end 
date, and also known as a non-standing solicitation, are included in 
the new GSAR provision Cover Page for Worldwide Federal Supply 
Schedules, which instructs contracting officers to insert a beginning 
and end date for non-standing solicitations.
    Respondent: GSAR clause Notice Request for Explanations or 
Information and Hours of Operation appears duplicative and/or 
unnecessary. Information for offerors to submit questions is already 
included in the SF 1449.
    GSA Response: Concur. This clause is duplicative of the Standard 
Form 1449 and is therefore deleted from the GSAR text of the final 
rule.
    Respondent: What is the purpose of including a unique inspection 
clause, such as the proposed GSAR clause Inspection, in MAS contracts? 
The commercial item clause has an inspection provision and an alternate 
for use in service contracts.
    GSA Response: Concur. This clause was previously used specifically 
for stock and special order contracts and does not belong in GSAR part 
538. The clause is deleted from the GSAR text final rule.
    Respondent: The following GSAR clauses are unique to an individual 
procurement. GSA should consider removing them from the GSAR and 
including them in a document or database that is easier to change to 
keep pace with federal and industry changes.
    A. Post-award Samples prescribes a samples clause applicable only 
to carpet.
    B. Export Traffic Release (Vehicles) prescribes a clause applicable 
only to vehicles.
    C. Restriction on the Acceptance of Orders prescribes a clause 
restricting the receipt of orders from Navy ships that is only 
applicable to copiers, supplies and services.
    D. Federal Excise Taxes prescribes an Excise Tax applicable only to 
tires and tubes.
    E. Carload Shipments prescribes a clause applicable only in 
contracts for vehicles.
    GSA Response: Concur. The prescriptions and associated clauses are 
deleted from the GSAR text final rule.
    Respondent: GSA's proposed clause Contractor's Remittance (Payment) 
Address provision appears to be duplicative or in conflict with FAR 
12.303 which requires the remittance address be addressed in Block 18B 
of SF1449.
    GSA Response: Concur. This clause is deleted from the GSAR text of 
the final rule.
    Respondent: Recommend GSA review FAR 32.1108 as it applies to GSA's 
proposed GSAR clause Payment by Credit Card and the ``third party'' 
payment clause to ensure the proposed clause is not inconsistent with 
or in conflict with FAR.
    GSA Response: Concur. The proposed GSAR clause Payment by Credit 
Card is redundant to FAR clause 52.232-36 and is removed from the GSAR 
text final rule. Additionally, GSAR clause Scope of Contract (Eligible 
Ordering Activities) is amended as a result of this comment.
    Respondent: GSAR clauses Performance Oriented Packaging; Parts and 
Service; and Spare Parts, seem impracticable to negotiate at the 
schedule contract level. GSA should consider deleting these clauses 
from the GSAR or including instructions for implementing the provisions 
at the task order level.
    GSA Response: Concur. The clauses are maintained at the contract 
level, but are revised to require submission of the required 
information at the task order level. GSAR text is amended as a result 
of this comment.
    Respondent: GSAR clause Authorized Negotiators appears to be 
duplicative of FAR 52.203-2 provision which is mandatory for all FSS 
contracts. This clause and GSAR clause Contact for Contract 
Administration should use a designated URL to revise POC information 
and feed this information to associated contract systems.
    GSA Response: Both clauses are removed from the GSAR text final 
rule. The agency will take this suggestion into consideration when 
updating applicable policy in the future.
    Respondent: Vendors frequently use multiple carriers for shipments. 
It is therefore not feasible to specify a specific carrier at the 
Schedule contract level as required in GSAR clause Shipping Points.
    GSA Response: Concur. This clause is removed from the GSAR text 
final rule.
    Respondent: GSA should insert a statement at the end of GSAR clause 
Significant Changes that prior to refreshing a solicitation to 
incorporate significant changes, existing contractors should be given 
no less than 60 days to review and comment or implement the provision.
    GSA Response: This clause is removed from the GSAR text final rule. 
FAS provides offerors with a 30-day notice when a solicitation is 
amended

[[Page 17036]]

from a previous version to a new version.
    Respondent: The GSAR clause Guarantee is applicable only to major 
appliances. GSA should consider going to standard commercial warranty 
in all MAS schedules as provided for in the proposed Warranty clause 
and FAR clause 52.212-4 Contract Terms and Conditions--Commercial 
Items.
    GSA Response: Concur. This clause is removed from the GSAR text 
final rule. The standard commercial warranty applies to all FSS 
contracts.
    Respondent: GSA's proposed clause Warranty appears to be 
duplicative or in conflict with FAR 52.212-4(o) clause. Also, COs are 
required to make a determination (D&F) in the Acquisition Plan IAW FAR 
46.703 prior to including a warranty clause.
    GSA Response: Concur. This clause is removed from the GSAR text 
final rule. The standard commercial warranty applies to all FSS 
contracts.
    Respondent: Recommend GSA delete proposed GSAR clause Imprest Funds 
(Petty Cash) since the use of imprest funds are established by 
individual agencies. Also FAR 13.305-3 establishes Conditions for Use 
of Imprest Funds including a limit of $500.
    GSA Response: Concur. This clause is removed from the GSAR text 
final rule.
GSAR Text not Amended as a Result of Public Comments
    Respondent: GSAR clause Evaluation--Commercial Items (Federal 
Supply Schedules) appears to be duplicative and/or in conflict with 
FAR. ``Multiple awards'' and basis of awards are already addressed 
under FAR 52.212-1(g) and (h). Also the phrase ``at the lowest overall 
cost'' implies that there is a head-to-head price competition that is 
not applicable to schedule offers. Also paragraph (b) appears to 
duplicate FAR 52.212-2(c). Withdrawals are addressed under FAR 52.212-
1.
    GSA Response: As stated above, Alternate I of GSAR provision 
Evaluation--Commercial Items (Federal Supply Schedules) is deleted from 
the GSAR text of the final rule. However, the purpose of the basic 
provision is not duplicative and does not conflict with the FAR 
provision. The FAR provision the respondent cites, 52.212-1, is 
intended to provide instructions to offerors, whereas GSAR provision 
Evaluation--Commercial Items is intended to supplement FAR provision 
52.212-2.
    Respondent: Should the proposed GSAR clause Vendor Managed 
Inventory be included in all solicitations? This clause typically 
applies only in Schedule 51V and perhaps Schedule 75.
    GSA Response: This clause is not prescribed for all solicitations. 
It is only included in solicitations and contracts for supplies when a 
VMI Program is contemplated.
    Respondent: Delivery prices and terms are a matter of FSS contract 
negotiations, which should be based on a contractor's commercial 
practices. Mandating specific delivery terms and pricing, such as GSAR 
clauses Delivery Prices Overseas and Delivery Prices, will result in 
schedule contractors having to deviate from their standard commercial 
practices. Customization of these terms to meet GSA specific 
requirements could necessitate wholesale changes to contractor shipping 
and delivery processes.
    GSA Response: GSAR clauses Delivery Prices Overseas and Delivery 
Prices do not state specific delivery terms or pricing. The clauses 
require contractors to notify the Government if they cannot deliver 
within the specified locations agreed to up-front. Also, the clauses 
are essential to FSS contracts and will ensure a consistent basis for 
delivery terms across the FSS program.
    Respondent: The respondent listed a number of provisions and 
clauses that were not included in the proposed rule, asking if the 
clauses not included in this rule would be deleted entirely or 
published for comments and an IRFA analysis conducted to determine the 
costs and economic impact on small businesses.
    GSA Response: The absence of existing provisions and clauses in the 
final rule does not necessarily mean they are being deleted from FSS 
solicitations. Any attempt to incorporate new provisions and clauses 
will be addressed in a separate GSAR case and an IRFA analysis will be 
conducted at such time. GSA performed an in-depth analysis of all FSS 
provisions and clauses and after careful consideration decided to only 
include the most-used, non-complex clauses in this GSAR case.
    Respondent: Is there any plan by FAS to ensure streamlined 
solicitations are in compliance with FAR 12.603 for Commercial Items?
    GSA Response: This case streamlines the solicitation process and 
ensures the appropriate terms of the FAR commercial items requirements 
are incorporated into FSS solicitations and contracts. Also, FSS 
contracts already include FAR clause 52.212-5 and designate the 
appropriate clauses and provisions.
    Respondent: There are already FAR provisions/clauses to address 
``English language'' and U.S. ``dollar'' requirements.
    GSA Response: The ``English language'' and U.S. ``dollar'' 
requirements are included in the instructions for competitive 
acquisitions (FAR clause 52.215-1). FSS uses commercial item 
acquisition instructions (52.212-1) and therefore must specify this 
requirement as a separate clause.
    Respondent: GSA's proposed GSAR clause Contractor's Billing 
Responsibilities appears to be in conflict with FAR. How are dealers 
permitted to bill ordering activities if payments are tied to the 
contractor's EFT in SAM?
    GSA Response: The FAR does not currently provide coverage for the 
contractor's relationship with their participating dealers. The terms 
of EFT, as it relates to the SAM registration, are covered by FAR 
clause 52.204-7 and only apply to the prime contractor relationship.
    Respondent: GSA's proposed clause Deliveries Beyond the Contractual 
Period--Placing of Orders appears to be duplicative or inconsistent 
with FAR 52.216-22(d). The prescription calls for use in all FSS 
solicitations and contracts for supplies. However, the clause itself 
says in accordance with clause Scope of Contract (Eligible Ordering 
Activities) which only applies to ``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.'' So there 
appears to be inconsistency here. Also which products/services has DHS 
determined are approved for used by 'eligible ordering activities''? In 
other words, which solicitations are COs supposed to include the Scope 
of Contract (Eligible Ordering Activities) clause? How or when is that 
determination to be made?
    GSA Response: GSAR clause Deliveries Beyond the Contractual 
Period--Placing Orders is not inconsistent or duplicative of FAR 
52.216-22(d). This clause supplements the FAR by providing Contracting 
Officers with specific instructions for such situations.
    Subpart 538.7004 is revised in GSAR case 2010-G511 Purchasing by 
Non-Federal Entities, 81 FR 36425 effective July 6, 2016, to state 
``The contracting officer shall insert the clause, Scope of Contract 
(Eligible Ordering Activities), in solicitations and contracts for all 
Federal Supply Schedules.''
    In December 2006, DHS Memo 06-11884, stipulated that all goods and 
services available on GSA Federal Supply Schedules qualified as goods

[[Page 17037]]

and services to be used to facilitate recovery from a major disaster 
declared by the President under the Robert T Stafford Disaster Relief 
and Emergency Act, or to facilitate recovery from terrorism or nuclear, 
biological, chemical, or radiological attack. The memo was signed by 
the then Secretary of Homeland Security Michael Chertoff.
3. Comments on Paperwork Reduction Act and Regulatory Flexibility Act
    Respondent: Please address several collections of information, 
mandated for submittal in all FSS solicitations, which do not appear to 
be listed in OMB's current Inventory of Approved Information 
Collections on reginfo.gov as part of the IRFA analysis.
    GSA Response: The IRFA describes the impact of the proposed rule on 
small entities. It does not break the clauses down individually. GSAR 
case 2013-G502, which incorporates a number of provisions and clauses 
currently in use in FSS solicitations and contracts, includes an IRFA 
that took into consideration all of the applicable clauses and 
provisions that may impact small entities. The requirements described 
in this comment are not part of the provisions and clauses on which 
this rule seeks feedback. The collection requirements included in this 
comment are included in OMB Control 3090-0163. No changes were made to 
the rule as a result of this comment.
    Respondent: The methodology for estimating Paperwork Burdens is 
flawed resulting in a significant underestimation of the burden imposed 
by the rule.
    GSA Response: GSA has outlined its methodology for calculating the 
burden estimates in the information collection supporting statement. 
Since no specific information on how the methodology is flawed was 
provided, no changes were made to the rule as a result of this comment.
    Respondent: Clarify what information collection requirements are 
being referred to in GSAR clause Information Collection Requirements 
and comment on whether this provision would be accurate in all FSS 
solicitations as proposed.
    GSA Response: The information collection associated with this 
clause, OMB control number 3090-0163, is for information specific to a 
contract or contracting action, not required by regulation. The 
supporting statement for this information collection notes it is 
``associated with GSA's information collection requirements contained 
in solicitations issued in accordance with the Uniform Contract Format 
under FAR Part 14, Sealed Bidding (see GSAR 514.201-1); FAR Part 15, 
Contracting by Negotiation (see GSAR 515.204-1); and solicitations 
under FAR Part 12, Acquisition of Commercial Items, when issued in 
accordance with the policy and procedures of FAR Part 14 and FAR Part 
15 (see GSAR 512.301). This includes information collection 
requirements found in GSA Federal Supply Schedule (FSS) 
solicitations.''
4. Comments Outside the Scope of the Rule
    Respondent: There is no GSAR clause that mandates contractors be 
subjected routinely to Contractor Assistance Visits (CAV). I recommend 
GSA create a clause to indicate it is mandatory, conduct the IRFA 
analysis of cost burden and impact on small businesses, and the CAV 
requirements.
    GSA Response: This suggestion is outside the scope of the current 
rule as this rule focuses on publishing non-complex provisions and 
clauses, updating administrative matters, and restructuring the GSAR to 
be more consistent with the FAR in terms of the FSS program. Contractor 
Assessments are conducted under GSAR clause Examination of Records by 
GSA (Federal Supply Schedules). GSA examines the cost burden and impact 
of CAVs on vendors in the PRA of the GSAR Examination of Records 
clause.
    Respondent: There are significant clauses covered by the rule that 
should be the subject of a separate rule-making, such as the Price 
Reduction clause. Including such provisions in this massive collection 
of clauses does not offer the opportunity to propose changes in this 
important area.
    GSA Response: The Price Reductions clause is not being changed as a 
result of this rule. Comments on the substance of this clause are 
considered outside the scope of this rule. No changes were made to the 
rule as a result of this comment.
    Respondent: The current GSAR does not contain the proposed GSAR 
Clause Discounts for Prompt Payment referenced in the proposed rule. 
The proposed clause should be included for public comment in a 
subsequent rulemaking. The clause appears complicated, and its purpose 
is not clear. Prompt payment discounts should be disclosed in the CSPF. 
Whether the contractor offers them to the government, or the 
contracting officer accepts them, should be subject to negotiation. The 
Government can advise its contracting staff of factors to consider 
without adding another clause to the contract.
    GSA Response: Clause Discounts for Prompt Payment (Federal Supply 
Schedules) was previously included in the GSAR at 552.232-8. The clause 
is unchanged from the previous version and is now reinstated under 
538.273 and 552.238-84. No changes were made to the rule as a result of 
this comment.
    Respondent: Proposed GSAR prescription 538.273(d) directs use of 
the clause Submission and Distribution of Authorized Federal Supply 
Schedule (FSS) Price Lists, which requires distribution of a paper 
price list. This is an opportunity for GSA to eliminate a requirement 
in light of the extensive electronic reporting required of contractors.
    GSA Response: GSAR clause Submission and Distribution of Authorized 
Federal Supply Schedule (FSS) Price Lists is not being revised by this 
rule; therefore, this comment is outside the scope of this case. No 
changes were made to the rule as a result of this comment.
    Respondent: The text of GSAR clause Cancellation, which ``provides 
instructions to the Offeror on canceling its FSS contracts,'' should be 
corrected to reflect that the clause is intended for use by contractors 
only. Additional text in the clause, which indicates that the 
Government will not reimburse the minimum guarantee if the contractor 
elects to cancel the contract, violates FAR 16.501-2(b)(3) that the 
Government's ``obligation'' in IDIQ contracts is ``to the minimum 
quantity specified in the contract''.
    GSA Response: The text of the clause questioned is not being 
revised; therefore, the comments are not within the scope of this case. 
However, GSA will take the comments into consideration for potentially 
addressing in a separate case. No changes were made to the rule as a 
result of this comment.
    Respondent: GSA's Examination of Records by GSA (Federal Supply 
Schedules) clause, appears to be in conflict with FAR 52.212-4 
Alternate I's ``access to records,'' which is limited to service 
contracts and restricts access to timecards to verify labor hours 
charged and, in the case of a cost-reimbursable T&M contract, invoices 
to certify material costs. Also, recommend addressing the ``Report 
Card'' by COs into CPARs and the cost to the Government for the IOAs 
travel to and preparation for visits with contractors.
    GSA Response: The text of the clause questioned is not being 
revised; therefore, the comments are not within the scope of this case. 
However, GSA will take the comments into consideration for potentially 
addressing in a separate case. No changes were

[[Page 17038]]

made to the rule as a result of this comment.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.) 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.

IV. Executive Order 13771

    This final rule is not subject to E.O. 13771, because this rule is 
not a significant regulatory action under E.O. 12866.

V. Regulatory Flexibility Act

    This final rule will not 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 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. 
Although this rule does not have a significant impact on a substantial 
number of small entities, GSA prepared an Initial Regulatory 
Flexibility Analysis (IRFA) in conjunction with the proposed rule. As a 
result, GSA has also prepared a Final Regulatory Flexibility Analysis 
(FRFA) consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et 
seq.
    The FRFA is summarized as follows:

    This FRFA has been prepared consistent with the criteria of 5 
U.S.C. 604.
    There are approximately 14,674 \4\ FSS contracts that are 
affected by this change. Of these, approximately eighty percent 
(11,739) of FSS contracts are held by small businesses. The 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 GSAR consolidates 
all regulations into one area, allowing for any future changes to 
receive public comment.
---------------------------------------------------------------------------

    \4\ FY18 Active Schedule contract holders.
---------------------------------------------------------------------------

    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 Assessments. 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.

    There were no comments filed by the Chief Counsel for Advocacy of 
the Small Business Administration in response to the rule. The 
Regulatory Secretariat will submit a copy of the FRFA to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
the FRFA may be obtained from the Regulatory Secretariat.

VI. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) applies. The 
rule implements a number of provisions and clauses currently in use in 
FSS solicitations and contracts that contain information collection 
requirements. The requirements are not new, but have not previously 
been approved by OMB. 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.
    The annual total public reporting burden for this collection of 
information is estimated to be 38,674 total hours ($1,819,998.44), 
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 one (1) submission per 
respondent multiplied by preparation hours per response to get the 
total response burden hours. The estimated cost of $47.06 ($34.54 + 
$12.52) per hour is applied to the burden hours based on the task being 
accomplished by mid-level contractor personnel equivalent to a GS-12, 
Step 5 salary (Base Pay and Rest of U.S. Locality Pay) (Salary Table 
2018-GS, Effective January 2018), with fringe of 36.25% (OMB Memo M-08-
13). The estimated burden to the public for the below clauses are as 
follows:
    The reinstated GSAR clause 552.238-84 Discounts for Prompt Payment 
requires the offeror to provide the Government a discount for early 
payment, if applicable.

    Respondents: 14,674.
    Responses per respondent: 1.
    Total annual responses: 14,674.
    Preparation hours per response: 1.0 (1 hr.).
    Total response burden hours: 14,674.
    Cost per hour: $47.06
    Estimated cost burden to the public: $690,558.44
    The new GSAR clause 552.238-87 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: .50 (30 minutes).
    Total response burden hours: 4,000.
    Cost per hour: $47.06
    Estimated cost burden to the public: $188,240.00

    The new GSAR clause 552.238-95 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: .50 (30 minutes).
    Total response burden hours: 4,000.
    Cost per hour: $47.06.
    Estimated cost burden to the public: $188,240.00.

    The new GSAR clause 552.238-96 Separate 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: .50(30 minutes).
    Total response burden hours: 4,000.
    Cost per hour: $47.06.
    Estimated cost burden to the public: $188,240.00.

    The new GSAR clause 552.238-97 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

[[Page 17039]]

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: .50 (30 minutes).
    Total response burden hours: 4,000.
    Cost per hour: $47.06.
    Estimated cost burden to the public: $188,240.00.

    The new GSAR clause 552.238-99 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: .50 (30 minutes).
    Total response burden hours: 4,000.
    Cost per hour: $47.06.
    Estimated cost burden to the public: $188,240.00.

    The new GSAR clause 552.238-111 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: .50 (30 minutes).
    Total response burden hours: 4,000.
    Cost per hour: $47.06.
    Estimated cost burden to the public: $188,240.00.

    The reinstated GSAR clause 552.238-85 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 GSAR clause 
552.238-80 Industrial Funding Fee and Sales Reporting under OMB Control 
Number 3090-0121 Industrial Funding Fee and Sales Reporting.
    GSA solicited public comments on this information collection 
requirement at the proposed rule stage. In response, three public 
comments were received and are addressed in Section B. Analysis of 
Public Comments. GSA will submit to OMB a request to review and approve 
this new information collection requirement. For a copy of the 
information collection documents, contact the Regulatory Secretariat by 
mail at 1800 F Street NW, Washington, DC 20405, or by phone at 202-501-
4755. Please cite OMB Control Number 3090-0303, (GSAR) Administrative 
Changes; GSAR Case 2013-G502, in all correspondence.

List of Subjects in 48 CFR Parts 501, 515, 538, and 552

    Government procurement.

Jeffrey Birch,
Acting Senior Procurement Executive, Office of Acquisition Policy, 
Office of Government-wide Policy.

    For the reasons described in the preamble, GSA amends 48 CFR parts 
501, 515, 538, and 552 as set forth below:

0
1. The authority citation for 48 CFR parts 501, 515, 538, and 552 
continues to read as follows:

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

PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION 
SYSTEM

0
2. Amend section 501.106 in the table by--
0
a. Revising the entry for ``538.273(a)(1)'' to read ``538.273'' and 
revising the OMB control number;
0
b. Removing the entries for ``538.273(a)(3)'' and ``538.273(b)(1)'';
0
c. Revising the GSAR references ``552.238-70'', ``552.238-72'', 
552.238-74'', and ``552.238-81'' to read ``552.238-73'', ``552.238-
78'', ``552.238-80'', and ``552.238-82'', respectively;
0
d. Adding in numerical sequence entries for ``552.238-84'', ``552.238-
85'', ``552.238-87'', ``552.238-95'', ``552.238-95'', ``552.238-97'', 
``552.238-99'', and ``552.238-111''.
    The revision and additions read as follows:


501.106  OMB approval under the Paperwork Reduction Act.

------------------------------------------------------------------------
                                                            OMB control
                     GSAR reference                             No.
------------------------------------------------------------------------
 
                                * * * * *
538.273.................................................       3090-0250
                                                               3090-0262
                                                               3090-0121
                                                               3090-0303
                                                               3090-0306
 
                                * * * * *
552.238-73..............................................       3090-0250
552.238-78..............................................       3090-0262
552.238-80..............................................       3090-0121
                                                               3090-0306
552.238-82..............................................       3090-0302
552.238-84..............................................       3090-0303
552.238-85..............................................       3090-0121
                                                               3090-0306
552.238-87..............................................       3090-0303
552.238-95..............................................       3090-0303
552.238-96..............................................       3090-0303
552.238-97..............................................       3090-0303
552.238-99..............................................       3090-0303
552.238-111.............................................       3090-0303
 
                                * * * * *
------------------------------------------------------------------------

PART 515--CONTRACTING BY NEGOTIATION


515.209-70  [Amended]

0
3. Amend section 515.209-70 by removing the subheading ``Clause for 
Multiple Award Schedules'' and paragraphs (c) and (d).


515.408  [Amended]

0
4. Amend section 515.408 by--
0
a. Removing from paragraphs (a)(2), (b) introductory text, and (c) 
introductory text ``basic clause 552.238-74'' and adding ``basic clause 
552.238-80'' in its place;
0
b. Removing from paragraph (c) Figure 515.4 ``clause at 552.238-75'' 
and adding ``clause at 552.238-81'' in its place; and
0
c. Removing from paragraph (d) ``basic clause 552.238-74'' and adding 
``basic clause 552.238-80'' in its place.

PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING

0
5. Amend section 538.270 by revising the section heading to read as 
follows:


538.270  Evaluation of Federal Supply Schedule (FSS) offers.

* * * * *

0
6. Amend section 538.271 by--
0
a. Revising the section heading;
0
b. Removing from paragraph (a) ``MAS awards'' and adding ``FSS awards'' 
in its place; and
0
c. Removing from paragraph (b) ``MAS contract'' and adding ``FSS 
contract'' in its place.
    The revision reads as follows:


538.271  FSS contract awards.

* * * * *

0
7. Amend 538.272 by--
0
a. Revising the section heading;
0
b. Removing from paragraph (a) ``basic clause 552.238-74'' and adding 
``basic clause 552.238-80'' in its place; and
0
c. Removing from paragraph (b) ``Alternate I of 552.238-75'' and adding 
``Alternate I of 552.238-81'' in its place.
    The revision reads as follows:


538.272  FSS price reductions.

* * * * *

0
8. Revise section 538.273 to read as follows:

[[Page 17040]]

538.273  FSS solicitation provisions and contract clauses.

    (a) As prescribed in this paragraph, insert the following 
provisions in the beginning of FSS solicitations:
    (1) 552.238-70, Cover Page for Worldwide Federal Supply Schedules. 
Use in all FSS solicitations. Use Alternate I for single award Federal 
Supply Schedules.
    (2) 552.238-71, Notice of Total Small Business Set-Aside. Use in 
FSS solicitations containing special item numbers (SINs) that are set 
aside for small business.
    (3) 552.238-72, Information Collection Requirements. Use in all FSS 
solicitations.
    (b) As prescribed in this paragraph, insert the following clause 
and provision as an addendum to 52.212-1, Instructions to Offerors--
Commercial Items:
    (1) 552.238-73, Identification of Electronic Office Equipment 
Providing Accessibility for the Handicapped. Use only in FSS 
solicitations for electronic office equipment.
    (2) 552.238-74, Introduction of New Supplies/Services (INSS). Use 
only in FSS solicitations allowing the introduction of new supplies/
services. Note: GSA Form 1649, Notification of Federal Supply Schedule 
Improvement, may be required if revising a Special Item Number (SIN).
    (c) As prescribed in this paragraph, insert the following 
provisions as an addendum to 52.212-2, Evaluation--Commercial Items:
    (1) 552.238-75, Evaluation--Commercial Items (Federal Supply 
Schedules). Use in FSS standing solicitations.
    (2) 552.238-76, 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 paragraph, insert the following clauses 
as an addendum to Clause 52.212-4, Contract Terms and Conditions-
Commercial Items:
    (1) 552.238-77, Submission and Distribution of Authorized FSS Price 
Lists. Use in all FSS solicitations and contracts.
    (2) 552.238-78, Identification of Products that have Environmental 
Attributes. Use only in FSS solicitations and contracts that 
contemplate items with environmental attributes.
    (3) 552.238-79, Cancellation. Use in all FSS solicitations and 
contracts.
    (4) 552.238-80, Industrial Funding Fee and Sales Reporting. Use 
Alternate I for Federal Supply Schedules with Transactional Data 
Reporting requirements. Clause 552.238-75 Alternate I should also be 
used when vendors agree to include clause 552.238-74 Alternate I in the 
contract.
    (5) 552.238-81, Price Reductions. Use Alternate I for Federal 
Supply Schedules with Transactional Data Reporting requirements. This 
alternate clause is used when vendors agree to include clause 552.238-
74 Alternate I in the contract.
    (6) 552.238-82, Modifications (Federal Supply Schedules). Use in 
all FSS solicitations and contracts.
    (i) Use Alternate I for Federal Supply Schedules that only accept 
eMod.
    (ii) Use Alternate II for Federal Supply Schedules with 
Transactional Data Reporting requirements. This alternate clause is 
used when vendors agree to include clause 552.238-74 Alternate I in the 
contract.
    (7) 552.238-83, 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 
this clause 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 (9)(ii) must be made on a 
schedule-by-schedule basis.
    (8) 552.238-84, Discounts for Prompt Payment. Use in all FSS 
solicitations and contracts.
    (9) 552.238-85, Contractor's Billing Responsibilities. Use in all 
FSS solicitations and contracts.
    (10) 552.238-86, Delivery Schedule. Use only in FSS solicitations 
and contracts for supplies.
    (11) 552.238-87, Delivery Prices. Use in all FSS solicitations and 
contracts.
    (12) 552.238-88, GSA Advantage![supreg]. Use in all FSS 
solicitations and contracts except the Department of Veterans Affairs 
Federal Supply Schedules.
    (13) 552.238-89, 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.
    (14) 552.238-90, Characteristics of Electric Current. Use only in 
FSS solicitations and contracts when the supply of equipment which uses 
electrical current is contemplated.
    (15) 552.238-91, 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.
    (16) 552.238-92, Vendor Managed Inventory (VMI) Program. Use only 
in FSS solicitations and contracts for supplies when a VMI Program is 
contemplated.
    (17) 552.238-93, Order Acknowledgement. Use only in FSS 
solicitations and contracts for supplies.
    (18) 552.238-94, Accelerated Delivery Requirements. Use only in FSS 
solicitations and contracts for supplies.
    (19) 552.238-95, Separate Charge for Performance Oriented Packaging 
(POP). Use only in FSS solicitations and contracts for items defined as 
hazardous under Federal Standard No. 313.
    (20) 552.238-96, Separate 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.
    (21) 552.238-97, Parts and Service. Use in all FSS solicitations 
and contracts.
    (22) 552.238-98, 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) 552.238-90 Characteristics of Electric Current.
    (iv) 552.238-91 Marking and Documentation Requirements Per 
Shipment.
    (v) 552.238-97 Parts and Service.
    (vi) 552.238-99 Delivery Prices Overseas.
    (vii) 552.238-100 Transshipments.
    (viii) 552.238-101 Foreign Taxes and Duties.
    (ix) 52.247-34 FOB Destination.
    (x) 52.247-38 FOB Inland Carrier, Country of Exportation.
    (xi) 52.247-39 FOB Inland Point, Country of Importation.

[[Page 17041]]

    (23) 552.238-99, Delivery Prices Overseas. Use only in FSS 
solicitations and contracts when overseas acquisition is contemplated.
    (24) 552.238-100, Transshipments. Use only in FSS solicitations and 
contracts when overseas acquisition is contemplated.
    (25) 552.238-101, Foreign Taxes and Duties. Use only in FSS 
solicitations and contracts when overseas acquisition is contemplated.
    (26) 552.238-102, English Language and U.S. Dollar Requirements. 
Use in all FSS solicitations and contracts.
    (27) 552.238-103, Electronic Commerce. Use in all FSS solicitations 
and contracts except the Department of Veterans Affairs Federal Supply 
Schedules.
    (28) 552.238-104, Dissemination of Information by Contractor. Use 
in all FSS solicitations and contracts.
    (29) 552.238-105, Deliveries Beyond the Contractual Period--Placing 
of Orders. Use only in FSS solicitations and contracts for supplies.
    (30) 552.238-106, Interpretation of Contract Requirements. Use in 
all FSS solicitations and contracts.
    (31) 552.238-107, Export Traffic Release (Supplies). Use in FSS 
solicitations and contracts for supplies, except vehicles.
    (32) 552.238-108, Spare Parts Kit. Use only in FSS solicitations 
and contracts for items requiring spare part kits. This information is 
to be specified at the order level.
    (33) 552.238-109, Authentication Supplies and Services. Use in 
Federal Supply Schedule 70 solicitations only, and only contracts 
awarded Special Item Numbers (SINs) associated with the Homeland 
Security Presidential Directive 12 (HSPD-12).
    (34) 552.238-110, Commercial Satellite Communication (COMSATCOM) 
Services. Use only in FSS solicitations and contracts for COMSATCOM 
services.
    (35) 552.238-111, Environmental Protection Agency Registration 
Requirement. Use only in FSS solicitations and contracts for supplies 
when items may require registration with the Environmental Protection 
Agency.


538.7001  [Amended]

0
9. Amend section 538.7001 by removing from the definition ``Ordering 
activity'' ``(see 552.238-78)'' and adding ``(see 552.238-113)'' in its 
place.


538.7004  [Amended]

0
10. Amend section 538.7004 by--
0
a. Removing from paragraph (a) ``the clause at 552.238-77'' and adding 
``the clause at 552.238-112'' in its place;
0
b. Removing from paragraph (b) ``the clause at 552.238-78'' and adding 
``the clause at 552.238-113'' in its place; and
0
c. Removing from paragraph (c) ``the clause at 552.238-79'' and adding 
``the clause at 552.238-114'' in its place.

PART 552-SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
11. Amend section 552.212-71 by revising the date of the clause and 
paragraph (b) to read as follows:


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

* * * * *

Contract Terms and Conditions Applicable to GSA Acquisition of 
Commercial Items (May 2019)

* * * * *
    (b) Clauses.

552.203-71 Restriction on Advertising
552.211-73 Marking
552.215-70 Examination of Records by GSA
552.215-72 Price Adjustment-Failure to Provide Accurate Information
552.219-70 Allocation of Orders-Partially Set-Aside Items
552.228-70 Workers' Compensation Laws
552.229-70 Federal, State, and Local Taxes
552.232-23 Assignment of Claims
552.232-71 Adjusting Payments
552.232-72 Final Payment
552.232-73 Availability of Funds
552.232-78 Payment Information
552.237-71 Qualifications of Employees
552.242-70 Status Report of Orders and Shipments
552.246-76 Warranty of Pesticides
* * * * *

0
12. Amend section 552.212-72 by revising the date of the clause and 
paragraph (b) to read as follows:


552.212-72  Contract Terms and Conditions Required To Implement 
Statutes or Executive Orders Applicable to GSA Acquisition of 
Commercial Items.

* * * * *

Contract Terms and Conditions Required To Implement Statutes or 
Executive Orders Applicable to GSA Acquisition of Commercial Items (May 
2019)

* * * * *
    (b) Clauses.
_552.223-70 Hazardous Substances.
_552.223-71 Nonconforming Hazardous Material.
_552.223-73 Preservation, Packaging, Packing, Marking and Labeling 
of Hazardous Materials (HAZMAT) for Shipments.
_552.238-73 Identification of Electronic Office Equipment Providing 
Accessibility for the Handicapped.
_552.238-78 Identification of Products That Have Environmental 
Attributes.
* * * * *


552.215-71  [Removed and Reserved]

0
13. Remove and reserve section 552.215-71.

0
14. Revise sections 552.238-70 through 552.238-75 to read as follows:

Sec.
* * * * *
552.238-70 Cover Page for Worldwide Federal Supply Schedules.
552.238-71 Notice of Total Small Business Set-Aside.
552.238-72 Information Collection Requirements.
552.238-73 Identification of Electronic Office Equipment Providing 
Accessibility for the Handicapped.
552.238-74 Introduction of New Supplies/Services (INSS).
552.238-75 Evaluation--Commercial Items (Federal Supply Schedule).
* * * * *


552.238-70  Cover Page for Worldwide Federal Supply Schedules.

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

Cover Page for Worldwide Federal Supply Schedules (May 2019)

For All Geographic Areas

    Solicitation No. [The contracting officer should insert the 
solicitation number here]*__*
    Federal Supply Schedule Contract for All Geographic Areas [For 
supplies, the Contracting Officer should complete the information 
required by paragraph (a) and delete paragraph (b) in its entirety. 
For services, the Contracting Officer should complete the 
information required by paragraph (b) and delete (a) in its 
entirety. For solicitations containing both supplies and services, 
the Contracting Officer should 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 (May 2019): As prescribed at 538.273(a)(1)(i), add the 
following paragraph (c) to the basic provision.
    (c) PERIOD: *__* THROUGH *__*


552.238-71  Notice of Total Small Business Set-Aside.

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

Notice of Total Small Business Set-Aside (May 2019)

    FAR clause 52.219-6, Notice of Total Small Business Set-Aside 
applies to the following:

[[Page 17042]]

[The contracting officer should insert the special item numbers 
(SINs) set aside for small businesses] *__*.


(End of provision)


552.238-72  Information Collection Requirements.

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

Information Collection Requirements (May 2019)

    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)


552.238-73  Identification of Electronic Office Equipment Providing 
Accessibility for the Handicapped.

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

Identification of Electronic Office Equipment Providing Accessibility 
for the Handicapped (May 2019)

    (a) Definitions. ``Electronic office equipment accessibility'' 
means the application/configuration of electronic office equipment 
(includes hardware, software and firmware) in a manner that 
accommodates the functional limitations of individuals with 
disabilities (i.e., handicapped individuals) so as to promote 
productivity and provide access to work related and/or public 
information resources.
    ``Handicapped individuals'' mean qualified individuals with 
impairments as cited in 29 CFR 1613.702(f) who can benefit from 
electronic office equipment accessibility.
    ``Special peripheral'' means a special needs aid that provides 
access to electronic equipment that is otherwise inaccessible to a 
handicapped individual.
    (b) The offeror is encouraged to identify in its offer, and 
include in any commercial catalogs and pricelists accepted by the 
Contracting Officer, office equipment, including any special 
peripheral, that will facilitate electronic office equipment 
accessibility for handicapped individuals. Identification should 
include the type of disability accommodated and how the users with 
that disability would be helped.


(End of clause)


552.238-74  Introduction of New Supplies/Services (INSS).

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

Introduction of New Supplies/Services (INSS) (May 2019)

    (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)


552.238-75  Evaluation--Commercial Items (Federal Supply Schedule).

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

Evaluation--Commercial Items (Federal Supply Schedule) (May 2019)

    (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)


0
15. Add section 552.238.76 to read as follows:


552.238-76  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 (May 2019)

    (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 should 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 (b) above, they will be required to execute 
a non-disclosure and organizational conflict of interest statements.


(End of provision)


0
16. Revise sections 552.238-77 through 552.238-79 to read as follows:

Sec.
* * * * *
552.238-77 Submission and Distribution of Authorized Federal Supply 
Schedule (FSS) Price Lists.
552.238-78 Identification of Products that Have Environmental 
Attributes.
552.238-79 Cancellation.
* * * * *


552.238-77  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 (May 2019)

    (a) Definition. For the purposes of this clause, the Mailing 
List is [Contracting officer shall insert either: ``the list of 
addressees provided to the Contractor by the Contracting Officer'' 
or ``the Contractor's listing of its Federal Government 
customers''].
    (b) The Contracting Officer will return one copy of the 
Authorized FSS Schedule Pricelist to the Contractor with the 
notification of contract award.
    (1) The Contractor shall provide to the GSA Contracting Officer:
    (i) Two paper copies of Authorized FSS Schedule Pricelist; and
    (ii) The Authorized FSS Schedule Pricelist on a common-use 
electronic medium. The

[[Page 17043]]

Contracting Officer will provide detailed instructions for the 
electronic submission with the award notification. Some structured 
data entry in a prescribed format may be required.
    (2) The Contractor shall provide to each addressee on the 
mailing list either;
    (i) One paper copy of the Authorized FSS Schedule Price List; or
    (ii) A self-addressed, postage-paid envelope or postcard to be 
returned by addressees that want to receive a paper copy of the 
pricelist. The Contractor shall distribute price lists within 20 
calendar days after receipt of returned requests.
    (3) The Contractor shall advise each addressee of the 
availability of pricelist information through the online Multiple 
Award Schedule electronic data base.
    (c) The Contractor shall make all of the distributions required 
in this paragraph (c) at least 15 calendar days before the beginning 
of the contract period, or within 30 calendar days after receipt of 
the Contracting Officer's approval for printing, whichever is later.
    (d) During the period of the contract, the Contractor shall 
provide one copy of its Authorized FSS Schedule Pricelist to any 
authorized schedule user, upon request. Use of the mailing list for 
any other purpose is not authorized.


(End of clause)

    Alternate I (May 2019). As prescribed in 538.273(a)(2), substitute 
the following paragraph (a) for paragraph (a) of the basic clause:

    (a) Definition. For the purposes of this clause, the Mailing 
List is [Contracting officer shall insert either: ``the list of 
addressees provided to the Contractor by the Contracting Officer'' 
or ``the Contractor's listing of its ordering activity customers''].


552.238-78  Identification of Products that Have Environmental 
Attributes.

    As prescribed in 538.273(d)(2), insert the following clause:

Identification of Products That Have Environmental Attributes (May 
2019)

    (a) Several laws, Executive orders, and Agency directives 
require Federal buyers to purchase products that are less harmful to 
the environment, when they are life cycle cost-effective (see FAR 
Subpart 23.7). The U.S. General Services Administration (GSA) 
requires contractors to highlight environmental products under 
Federal Supply Service schedule contracts in various communications 
media (e.g., publications and electronic formats).
    (b) Definitions. As used in this clause--
    Energy-efficient product means a product that--
    (1) Meets Department of Energy and Environmental Protection 
Agency criteria for use of the ENERGY STAR[supreg] trademark label; 
or
    (2) Is in the upper 25 percent of efficiency for all similar 
products as designated by the Department of Energy's Federal Energy 
Management Program.
    GSA Advantage! is an on-line shopping mall and ordering system 
that provides customers with access to products and services under 
GSA contracts.
    Other environmental attributes refers to product characteristics 
that provide environmental benefits, excluding recovered materials 
and energy and water efficiency. Several examples of these 
characteristics are biodegradable, recyclable, reduced pollutants, 
ozone safe, and low volatile organic compounds (VOCs).
    Post-consumer material means a material or finished product that 
has served its intended use and has been discarded for disposal or 
recovery, having completed its life as a consumer item. Post-
consumer material is part of the broader category of ``recovered 
material.'' The Environmental Protection Agency (EPA) has developed 
a list of EPA-designated products in their Comprehensive Procurement 
Guidelines (CPGs) to provide Federal agencies with purchasing 
recommendations on specific products in a Recovered Materials 
Advisory Notice (RMAN). The RMAN contains recommended recovered and 
post-consumer material content levels for the specific products 
designated by EPA (40 CFR part 247 and http://www.epa.gov/cpg/).
    Recovered materials means waste materials and by-products 
recovered or diverted from solid waste, but the term does not 
include those materials and by-products generated from, and commonly 
reused within, an original manufacturing process (Executive Order 
13101 and 42 U.S.C. 6903(19) and http://www.epa.gov/cpg/). For paper 
and paper products, see the definition at FAR 11.301 (42 U.S.C. 
6962(h)).
    Remanufactured means factory rebuilt to original specifications.
    Renewable energy means energy produced by solar, wind, 
geothermal, and biomass power.
    Renewable energy technology means--
    (1) Technologies that use renewable energy to provide light, 
heat, cooling, or mechanical or electrical energy for use in 
facilities or other activities; or
    (2) The use of integrated whole-building designs that rely upon 
renewable energy resources, including passive solar design.
    (c) Identification requirements. (1) The offeror must identify 
products that--
    (i) Are compliant with the recovered and post-consumer material 
content levels recommended in the Recovered Materials Advisory 
Notices (RMANs) for EPA-designated products in the CPG program 
(http://www.epa.gov/cpg/);
    (ii) Contain recovered materials that either do not meet the 
recommended levels in the RMANs or are not EPA-designated products 
in the CPG program (see FAR 23.401 and http://www.epa.gov/cpg/);
    (iii) Are energy-efficient, as defined by either ENERGY 
STAR[supreg] and/or FEMP's designated top 25th percentile levels 
(see ENERGY STAR[supreg] at http://www.energystar.gov/ and FEMP at 
http://www.eere.energy.gov/femp/procurement/);
    (iv) Are water-efficient;
    (v) Use renewable energy technology;
    (vi) Are remanufactured; and
    (vii) Have other environmental attributes.
    (2) These identifications must be made in each of the offeror's 
following mediums:
    (i) The offer itself.
    (ii) Printed commercial catalogs, brochures, and pricelists.
    (iii) Online product website.
    (iv) Electronic data submission for GSA Advantage! submitted via 
GSA's Schedules Input Program (SIP) software or the Electronic Data 
Inter-change (EDI). Offerors can use the SIP or EDI methods to 
indicate environmental and other attributes for each product that 
are translated into respective icons in GSA Advantage!.
    (d) An offeror, in identifying an item with an environmental 
attribute, must possess evidence or rely on a reasonable basis to 
substantiate the claim (see 16 CFR part 260, Guides for the Use of 
Environmental Marketing Claims). The Government will accept an 
offeror's claim of an item's environmental attribute on the basis 
of--
    (1) Participation in a Federal agency sponsored program (e.g., 
the EPA and DOE ENERGY STAR[supreg] product labeling program);
    (2) Verification by an independent organization that specializes 
in certifying such claims; or
    (3) Possession of competent and reliable evidence. For any test, 
analysis, research, study, or other evidence to be ``competent and 
reliable,'' it must have been conducted and evaluated in an 
objective manner by persons qualified to do so, using procedures 
generally accepted in the profession to yield accurate and reliable 
results.


(End of clause)


552.238-79  Cancellation.

    As prescribed in 538.273(d)(3), insert the following clause:

Cancellation (May 2019)

    Either party may cancel this contract in whole or in part by 
providing written notice. The cancellation will take effect 30 
calendar days after the other party receives the notice of 
cancellation. If the Contractor elects to cancel this contract, the 
Government will not reimburse the minimum guarantee.


(End of clause)


0
17. Add section 552.238-80 to read as follows:


552.238-80  Industrial Funding Fee and Sales Reporting.

    As prescribed in 538.273(d)(4) insert the following clause:

Industrial Funding Fee and Sales Reporting (May 2019)

    (a) Reporting of Federal Supply Schedule Sales. The Contractor 
shall report all contract sales under this contract as follows:
    (1) The Contractor shall accurately report the dollar value, in 
U.S. dollars and rounded to the nearest whole dollar, of all sales 
under this contract by calendar quarter (January 1-March 31, April 
1-June 30, July 1-September 30, and October 1-December 31). The 
dollar value of a sale is the price paid by the Schedule user for 
products and services on a Schedule task or delivery order. The 
reported contract sales value shall include the Industrial Funding 
Fee (IFF). The Contractor shall maintain a consistent

[[Page 17044]]

accounting method of sales reporting, based on the Contractor's 
established commercial accounting practice. The acceptable points at 
which sales may be reported include--
    (i) Receipt of order;
    (ii) Shipment or delivery, as applicable;
    (iii) Issuance of an invoice; or
    (iv) Payment.
    (2) Contract sales shall be reported to Federal Acquisition 
Services (FAS) within 30 calendar days following the completion of 
each reporting quarter. The Contractor shall continue to furnish 
quarterly reports, including ``zero'' sales, through physical 
completion of the last outstanding task order or delivery order of 
the contract.
    (3) Reportable sales under the contract are those resulting from 
sales of contract items to authorized users unless the purchase was 
conducted pursuant to a separate contracting authority such as a 
Governmentwide Acquisition Contract (GWAC); a separately awarded FAR 
Part 12, FAR Part 13, FAR Part 14, or FAR Part 15 procurement; or a 
non-FAR contract. Sales made to state and local governments under 
Cooperative Purchasing authority shall be counted as reportable 
sales for IFF purposes.
    (4) The Contractor shall electronically report the quarterly 
dollar value of sales, including ``zero'' sales, by utilizing the 
automated reporting system at an internet website designated by the 
General Services Administration (GSA)'s Federal Acquisition Service 
(FAS). Prior to using this automated system, the Contractor shall 
complete contract registration with the FAS Vendor Support Center 
(VSC). The website address, as well as registration instructions and 
reporting procedures, will be provided at the time of award. The 
Contractor shall report sales separately for each National Stock 
Number (NSN), Special Item Number (SIN), or sub-item.
    (5) The Contractor shall convert the total value of sales made 
in foreign currency to U.S. dollars using the ``Treasury Reporting 
Rates of Exchange'' issued by the U.S. Department of Treasury, 
Financial Management Service. The Contractor shall use the issue of 
the Treasury report in effect on the last day of the calendar 
quarter. The report is available from Financial Management Service, 
International Funds Branch, Telephone: (202) 874-7994, internet: 
http://www.fiscal.treasury.gov/fsreports/rpt/treasRptRateExch/treasRptRateExch_home.htm.
    (b) The Contractor shall remit the IFF at the rate set by GSA's 
FAS.
    (1) The Contractor shall remit the IFF to FAS in U.S. dollars 
within 30 calendar days after the end of the reporting quarter; 
final payment shall be remitted within 30 days after physical 
completion of the last outstanding task order or delivery order of 
the contract.
    (2) The IFF represents a percentage of the total quarterly sales 
reported. This percentage is set at the discretion of GSA's FAS. 
GSA's FAS has the unilateral right to change the percentage at any 
time, but not more than once per year. FAS will provide reasonable 
notice prior to the effective date of the change. The IFF reimburses 
FAS for the costs of operating the Federal Supply Schedules Program. 
FAS recoups its operating costs from ordering activities as set 
forth in 40 U.S.C. 321: Acquisition Services Fund. Net operating 
revenues generated by the IFF are also applied to fund initiatives 
benefitting other authorized FAS programs, in accordance with 40 
U.S.C. 321. Offerors must include the IFF in their prices. The fee 
is included in the award price(s) and reflected in the total amount 
charged to ordering activities. FAS will post notice of the current 
IFF at https://72a.gsa.gov/ or successor website as appropriate.
    (c) Within 60 days of award, an FAS representative will provide 
the Contractor with specific written procedural instructions on 
remitting the IFF. FAS reserves the unilateral right to change such 
instructions from time to time, following notification to the 
Contractor.
    (d) Failure to remit the full amount of the IFF within 30 
calendar days after the end of the applicable reporting period 
constitutes a contract debt to the United States Government under 
the terms of FAR Subpart 32.6. The Government may exercise all 
rights under the Debt Collection Improvement Act of 1996, including 
withholding or setting off payments and interest on the debt (see 
FAR clause 52.232-17, Interest). Should the Contractor fail to 
submit the required sales reports, falsify them, or fail to timely 
pay the IFF, this is sufficient cause for the Government to 
terminate the contract for cause.


(End of clause)

    Alternate I (May 2019). As prescribed in 538.273(d)(4), substitute 
the following paragraphs (a), (b), (c), and (d) for paragraphs (a), 
(b), (c), and (d) of the basic clause:

    (a) Definition. ``Transactional data'' encompasses the 
historical details of the products or services delivered by the 
Contractor during the performance of task or delivery orders issued 
against this contract.
    (b) Reporting of Transactional Data. The Contractor must report 
all transactional data under this contract as follows:
    (1) The Contractor must electronically report transactional data 
by utilizing the automated reporting system at an internet website 
designated by the General Services Administration (GSA) or by 
uploading the data according to GSA instructions. GSA will post 
registration instructions and reporting procedures on the Vendor 
Support Center website, https://vsc.gsa.gov. The reporting system 
website address, as well as registration instructions and reporting 
procedures, will be provided at the time of award or inclusion of 
this clause in the contract.
    (2) The Contractor must provide, at no additional cost to the 
Government, the following transactional data elements, as 
applicable:
    (i) Contract or Blanket Purchase Agreement (BPA) Number.
    (ii) Delivery/Task Order Number/Procurement Instrument 
Identifier (PIID).
    (iii) Non Federal Entity.
    (iv) Description of Deliverable.
    (v) Manufacturer Name.
    (vi) Manufacturer Part Number.
    (vii) Unit Measure (each, hour, case, lot).
    (viii) Quantity of Item Sold.
    (ix) Universal Product Code.
    (x) Price Paid per Unit.
    (xi) Total Price.

    Note to paragraph (b)(2):  The Contracting Officer may add data 
elements to the standard elements listed in paragraph (b)(2) of this 
section with the approvals listed in GSAM 507.105(c)(3).

    (3) The contractor must report transactional data within 30 
calendar days from the last calendar day of the month. If there was 
no contract activity during the month, the Contractor must submit a 
confirmation of no reportable transactional data within 30 calendar 
days of the last calendar day of the month.
    (4) The Contractor must report the price paid per unit, total 
price, or any other data elements with an associated monetary value 
listed in (b)(2) of this section, in U.S. dollars.
    (5) The reported price paid per unit and total price must 
include the Industrial Funding Fee (IFF).
    (6) The Contractor must maintain a consistent accounting method 
of transactional data reporting, based on the Contractor's 
established commercial accounting practice.
    (7) Reporting Points.
    (i) The acceptable points at which transactional data may be 
reported include--
    (A) Issuance of an invoice; or
    (B) Receipt of payment.
    (ii) The Contractor must determine whether to report 
transactional data on the basis of invoices issued or payments 
received.
    (8) The Contractor must continue to furnish reports, including 
confirmation of no transactional data, through physical completion 
of the last outstanding task or delivery order of the contract.
    (9) Unless otherwise expressly stated by the ordering activity, 
orders that contain classified information or other or information 
that would compromise national security are exempt from this 
reporting requirement.
    (10) This clause does not exempt the Contractor from fulfilling 
existing reporting requirements contained elsewhere in the contract.
    (11) GSA reserves the unilateral right to change reporting 
instructions following 60 calendar days' advance notification to the 
Contractor.
    (c) Industrial Funding Fee (IFF).
    (1) This contract includes an IFF charged on orders placed 
against this contract. The IFF is paid by the authorized ordering 
activity but remitted to GSA by the Contractor. The IFF reimburses 
GSA for the costs of operating the Federal Supply Schedule program, 
as set forth in 40 U.S.C. 321: Acquisition Services Fund. Net 
operating revenues generated by the IFF are also applied to fund 
initiatives benefitting other authorized GSA programs, in accordance 
with 40 U.S.C. 321.
    (2) GSA has the unilateral right to change the fee amount at any 
time, but not more than once per year; GSA will provide reasonable 
notice prior to the effective date of any change. GSA will post 
notice of the current

[[Page 17045]]

IFF on the Vendor Support Center website at https://vsc.gsa.gov.
    (3) Offerors must include the IFF in their prices. The fee is 
included in the awarded price(s) and reflected in the total amount 
charged to ordering activities. The fee will not be included in the 
price of non-contract items purchased pursuant to a separate 
contracting authority, such as a Governmentwide Acquisition Contract 
(GWAC); a separately awarded Federal Acquisition Regulation (FAR) 
Part 12, FAR Part 13, FAR Part 14, or FAR Part 15 procurement; or a 
non-FAR contract.
    (4) The Contractor must remit the IFF to GSA in U.S. dollars 
within 30 calendar days after the last calendar day of the reporting 
quarter; final payment must be remitted within 30 calendar days 
after physical completion of the last outstanding task order or 
delivery order issued against the contract.
    (5) GSA reserves the unilateral right to change remittance 
instructions following 60 calendar days' advance notification to the 
Contractor.
    (d) The Contractor's failure to remit the full amount of the IFF 
within 30 calendar days after the end of the applicable reporting 
period constitutes a contract debt to the United States Government 
under the terms of FAR Subpart 32.6. The Government may exercise all 
rights under the Debt Collection Improvement Act of 1996, including 
withholding or offsetting payments and interest on the debt (see FAR 
clause 52.232-17, Interest). If the Contractor fails to submit the 
required transactional data reports, falsifies them, or fails to 
timely pay the IFF, these reasons constitute sufficient cause for 
the Government to terminate the contract for cause.

0
18. Revise sections 552.238-81 and 552.238-82 to read as follows:


552.238-81  Price Reductions.

    As prescribed in 538.273(d)(5) insert the following clause:

Price Reductions (May 2019)

    (a) Before award of a contract, the Contracting Officer and the 
Offeror will agree upon (1) the customer (or category of customers) 
which will be the basis of award, and (2) the Government's price or 
discount relationship to the identified customer (or category of 
customers). This relationship shall be maintained throughout the 
contract period. Any change in the Contractor's commercial pricing 
or discount arrangement applicable to the identified customer (or 
category of customers) which disturbs this relationship shall 
constitute a price reduction.
    (b) During the contract period, the Contractor shall report to 
the Contracting Officer all price reductions to the customer (or 
category of customers) that was the basis of award. The Contractor's 
report shall include an explanation of the conditions under which 
the reductions were made.
    (c)(1) A price reduction shall apply to purchases under this 
contract if, after the date negotiations conclude, the Contractor--
    (i) Revises the commercial catalog, pricelist, schedule or other 
document upon which contract award was predicated to reduce prices;
    (ii) Grants more favorable discounts or terms and conditions 
than those contained in the commercial catalog, pricelist, schedule 
or other documents upon which contract award was predicated; or
    (iii) Grants special discounts to the customer (or category of 
customers) that formed the basis of award, and the change disturbs 
the price/discount relationship of the Government to the customer 
(or category of customers) that was the basis of award.
    (2) The Contractor shall offer the price reduction to the 
eligible ordering activity with the same effective date, and for the 
same time period, as extended to the commercial customer (or 
category of customers).
    (d) There shall be no price reduction for sales--
    (1) To commercial customers under firm, fixed-price definite 
quantity contracts with specified delivery in excess of the maximum 
order threshold specified in this contract;
    (2) To Federal agencies;
    (3) Made to Eligible Ordering Activities identified in GSAR 
Clause 552.238-113 when the order is placed under this contract (and 
the Eligible Ordering Activities identified in GSAR Clause 552.238-
113 is the agreed upon customer or category of customer that is the 
basis of award); or
    (4) Caused by an error in quotation or billing, provided 
adequate documentation is furnished by the Contractor to the 
Contracting Officer.
    (e) The Contractor may offer the Contracting Officer a voluntary 
Governmentwide price reduction at any time during the contract 
period.
    (f) The Contractor shall notify the Contracting Officer of any 
price reduction subject to this clause as soon as possible, but not 
later than 15 calendar days after its effective date.
    (g) The contract will be modified to reflect any price reduction 
which becomes applicable in accordance with this clause.


(End of clause)

    Alternate I (May 2019). As prescribed in 538.273(d)(5), substitute 
the following paragraph (a) and (b) for paragraphs (a), (b), (c), (d), 
(e), (f) and (g) of the basic clause:

    (a) The Government may request from the Contractor, and the 
Contractor may provide to the Government, a temporary or permanent 
price reduction at any time during the contract period.
    (b) The Contractor may offer the Contracting Officer a voluntary 
price reduction at any time during the contract period.


552.238-82  Modifications (Federal Supply Schedules).

    As prescribed in 538.273(d)(6), insert the following clause:

Modifications (Federal Supply Schedules) (May 2019)

    (a) General. The Contractor may request a contract modification 
by submitting a request to the Contracting Officer for approval, 
except as noted in paragraph (d) of this clause. At a minimum, every 
request shall describe the proposed change(s) and provide the 
rationale for the requested change(s).
    (b) Types of modifications--(1) Additional items/additional 
SINs. When requesting additions, the following information must be 
submitted:
    (i) Information requested in paragraphs (1) and (2) of the 
Commercial Sales Practice Format to add SINs.
    (ii) Discount information for the new items(s) or new SIN(s). 
Specifically, submit the information requested in paragraphs 3 
through 5 of the Commercial Sales Practice Format. If this 
information is the same as the initial award, a statement to that 
effect may be submitted instead.
    (iii) Information about the new item(s) or the item(s) under the 
new SIN(s) must be submitted in accordance with the request for 
proposal.
    (iv) Delivery time(s) for the new item(s) or the item(s) under 
the new SIN(s) must be submitted in accordance with the request for 
proposal.
    (v) Production point(s) for the new item(s) or the item(s) under 
the new SIN(s) must be submitted if required by FAR 52.215-6, Place 
of Performance.
    (vi) Hazardous Material information (if applicable) must be 
submitted as required by FAR 52.223-3 (Alternate I), Hazardous 
Material Identification and Material Safety Data.
    (vii) Any information requested by FAR 52.212-3(f), Offeror 
Representations and Certifications--Commercial Items, that may be 
necessary to assure compliance with FAR 52.225-1, Buy American Act--
Balance of Payments Programs--Supplies.
    (2) Deletions. The Contractors shall provide an explanation for 
the deletion. The Government reserves the right to reject any 
subsequent offer of the same item or a substantially equal item at a 
higher price during the same contract period, if the contracting 
officer finds the higher price to be unreasonable when compared with 
the deleted item.
    (3) Price reduction. The Contractor shall indicate whether the 
price reduction falls under the item (i), (ii), or (iii) of 
paragraph (c)(1) of the Price Reductions clause at 552.238-81. If 
the Price reduction falls under item (i), the Contractor shall 
submit a copy of the dated commercial price list. If the price 
reduction falls under item (ii) or (iii), the Contractor shall 
submit a copy of the applicable price list(s), bulletins or letters 
or customer agreements which outline the effective date, duration, 
terms and conditions of the price reduction.
    (c) Effective dates. The effective date of any modification is 
the date specified in the modification, except as otherwise provided 
in the Price Reductions clause at 552.238-81.
    (d) Electronic file updates. The Contractor shall update 
electronic file submissions to reflect all modifications. For 
additional items or SINs, the Contractor shall obtain the 
Contracting Officer's approval before transmitting changes. Contract 
modifications will not be made effective until the Government 
receives the electronic file updates. The Contractor may transmit 
price

[[Page 17046]]

reductions, item deletions, and corrections without prior approval. 
However, the Contractor shall notify the Contracting Officer as set 
forth in the Price Reductions clause at 552.238-81.
    (e) Amendments to paper Federal Supply Schedule Price Lists. (1) 
The Contractor must provide supplements to its paper price lists, 
reflecting the most current changes. The Contractor may either:
    (i) Distribute a supplemental paper Federal Supply Schedule 
Price List within 15 workdays after the effective date of each 
modification.
    (ii) Distribute quarterly cumulative supplements. The period 
covered by a cumulative supplement is at the discretion of the 
Contractor, but may not exceed three calendar months from the 
effective date of the earliest modification. For example, if the 
first modification occurs in February, the quarterly supplement must 
cover February-April, and every three month period after. The 
Contractor must distribute each quarterly cumulative supplement 
within 15 workdays from the last day of the calendar quarter.
    (2) At a minimum, the Contractor shall distribute each 
supplement to those ordering activities that previously received the 
basic document. In addition, the Contractor shall submit two copies 
of each supplement to the Contracting Officer and one copy to the 
FSS Schedule Information Center.


(End of clause)

    Alternate I (May 2019). As prescribed in 538.273(d)(6)(i), add the 
following paragraph (f) to the basic clause:

    (f) Electronic submission of modification requests is mandatory 
via eMod (http://eOffer.gsa.gov), unless otherwise stated in the 
electronic submission standards and requirements at the Vendor 
Support Center website (http://vsc.gsa.gov). If the electronic 
submissions standards and requirements information is updated at the 
Vendor Support Center website, Contractors will be notified prior to 
the effective date of the change.

    Alternate II (May 2019). As prescribed in 538.273(d)(6)(ii), 
substitute the following paragraph (b) for paragraph (b) of the basic 
clause:

    (b) Types of Modifications.
    (1) Additional items/additional SINs. When requesting additions, 
the Contractor must submit the following information:
    (i) Information about the new item(s) or the item(s) under the 
new SIN(s) must be submitted in accordance with the instructions in 
the solicitation.
    (ii) Delivery time(s) for the new item(s) or the item(s) under 
the new SIN(s) must be submitted in accordance with the request for 
proposal.
    (iii) Production point(s) for the new item(s) or the item(s) 
under the new SIN(s) must be submitted if required by FAR 52.215-6, 
Place of Performance.
    (iv) Hazardous Material information (if applicable) must be 
submitted as required by FAR 52.223-3 (Alternate I), Hazardous 
Material Identification and Material Safety Data.
    (v) Any information requested by FAR 52.212-3(f), Offeror 
Representations and Certifications--Commercial Items, that may be 
necessary to assure compliance with FAR 52.225-1, Buy American Act--
Balance of Payments Programs--Supplies.
    (2) Deletions. The Contractor must provide an explanation for 
the deletion. The Government reserves the right to reject any 
subsequent offer of the same item or a substantially equal item at a 
higher price during the same contract period, if the Contracting 
Officer determines that the higher price is unreasonable compared to 
the price of the deleted item.

0
19. Add sections 552.238-83 through 552.238-115 to read as follows:

    Sec.
* * * * *
552.238-83 Examination of Records by GSA (Federal Supply Schedules).
552.238-84 Discounts for Prompt Payment.
552.238-85 Contractor's Billing Responsibilities.
552.238-86 Delivery Schedule.
552.238-87 Delivery Prices.
552.238-88 GSA Advantage![supreg].
552.238-89 Deliveries to the U.S. Postal Service.
552.238-90 Characteristics of Electric Current.
552.238-91 Marking and Documentation Requirements for Shipping.
552.238-92 Vendor Managed Inventory (VMI) Program.
552.238-93 Order Acknowledgement.
552.238-94 Accelerated Delivery Requirements.
552.238-95 Separate Charge for Performance Oriented Packaging (POP).
552.238-96 Separate Charge for Delivery within Consignee's Premises.
552.238-97 Parts and Service.
552.238-98 Clauses for Overseas Coverage.
552.238-99 Delivery Prices Overseas.
552.238-100 Transshipments.
552.238-101 Foreign Taxes and Duties.
552.238-102 English Language and U.S. Dollar Requirements.
552.238-103 Electronic Commerce.
552.238-104 Dissemination of Information by Contractor.
552.238-105 Deliveries Beyond the Contractual Period--Placing of 
Orders.
552.238-106 Interpretation of Contract Requirements.
552.238-107 Export Traffic Release (Supplies).
552.238-108 Spare Parts Kit.
552.238-109 Authentication Supplies and Services.
552.238-110 Commercial Satellite Communication (COMSATCOM) Services.
552.238-111 Environmental Protection Agency Registration 
Requirement.
552.238-112 Definition (Federal Supply Schedules)--Non-Federal 
Entity.
552.238-113 Scope of Contract (Eligible Ordering Activities).
552.238-114 Use of Federal Supply Schedule Contracts by Non-Federal 
Entities.
552.238-115 Special Ordering Procedures for the Acquisition of 
Order-Level Materials.
* * * * *


552.238-83  Examination of Records by GSA (Federal Supply Schedules).

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

Examination of Records by GSA (Federal Supply Schedules) (May 2019)

    The Contractor agrees that the Administrator of General Services 
or any duly authorized representative shall have access to and the 
right to examine any books, documents, papers and records of the 
contractor involving transactions related to this contract for 
overbillings, billing errors, compliance with contract clauses 
552.238-75, Price Reductions and 552.238-74, Industrial Funding Fee 
and Sales Reporting. 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)


552.238-84  Discounts for Prompt Payment.

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

Discounts for Prompt Payment (May 2019)

    (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

[[Page 17047]]

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)


552.238-85  Contractor's Billing Responsibilities.

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

Contractor's Billing Responsibilities (May 2019)

    (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)]


552.238-86  Delivery Schedule.

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

Delivery Schedule (May 2019)

    (a) Time of delivery. The Contractor shall deliver to 
destination within the number of 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      Expedited  delivery time  (hours/
    item no.  or 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)]


552.238-87  Delivery Prices.

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

Delivery Prices (May 2019)

    (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 place the notation ``Delivery Service 
Requested'' on bills of lading covering such shipments, and 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 (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)


552.238-88  GSA Advantage![supreg].

    As prescribed in 538.273(d)(12), insert the following clause:

GSA Advantage![supreg] (May 2019)

    (a) The Contractor shall participate in the GSA 
Advantage![supreg] online shopping service. Information and 
instructions regarding Contractor participation are contained in 
clause 552.238-111, Electronic Commerce.

[[Page 17048]]

    (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), and 552.238-81, Modifications (which addresses electronic 
file updates).


(End of clause)


552.238-89  Deliveries to the U.S. Postal Service.

    As prescribed in 538.273(d)(13), insert the following clause:

Deliveries to the U.S. Postal Service (May 2019)

    (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 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)


552.238-90  Characteristics of Electric Current.

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

Characteristics of Electric Current (May 2019)

    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)


552.238-91  Marking and Documentation Requirements for Shipping.

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

Marking and Documentation Requirements for Shipping (May 2019)

    (a) Responsibility. 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.
    (b) Documentation. 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 prerequisites stated in paragraph 
(c) of this section.
    (c) 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)


552.238-92  Vendor Managed Inventory (VMI) Program.

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

Vendor Managed Inventory (VMI) Program (May 2019)

    (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 ordering agencies under a 
Blanket Purchase Agreement.


(End of clause)


552.238-93  Order Acknowledgement.

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

Order Acknowledgement (May 2019)

    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)


552.238-94  Accelerated Delivery Requirements.

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

Accelerated Delivery Requirements (May 2019)

    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)


552.238-95  Separate Charge for Performance Oriented Packaging (POP).

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

Separate Charge for Performance Oriented Packaging (POP) (May 2019)

    (a) Offerors are requested to list the hazardous material item 
to which the separate charge applies in the spaces provided in this 
paragraph or on a separate attachment. The final price shall be 
quoted separately at the order level and, if considered reasonable, 
will be accepted as part of the order.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                  ITEMS
------------------------------------------------------------------------
SINS or Descriptive Name of Articles (as    Charge for Performance
 appropriate).                               Oriented
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------

    (b) 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.


(End of clause)


552.238-96  Separate Charge for Delivery within Consignee's Premises.

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

Separate Charge for Delivery within Consignee's Premises (May 2019)

    (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, should 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

[[Page 17049]]

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
------------------------------------------------------------------------
(NSNs or Special Item Numbers or            Additional Charge (Per
 Descriptive Name of Articles).              shipping container) FOR
                                             ``DELIVERY WITHIN
                                             CONSIGNEE'S PREMISES''
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------


(End of clause)


552.238-97  Parts and Service.

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

Parts and Service (May 2019)

    (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 provide the Ordering Activity, 
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)


552.238-98  Clauses for Overseas Coverage.

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

Clauses for Overseas Coverage (May 2019)

    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) 552.238-90 Characteristics of Electric Current
(d) 552.238-91 Marking and Documentation Requirements Per Shipment
(e) 552.238-97 Parts and Service
(f) 552.238-99 Delivery Prices Overseas
(g) 552.238-100 Transshipments
(h) 552.238-101 Foreign Taxes and Duties
(i) 52.247-34 FOB Destination
(j) 52.247-38 FOB Inland Carrier, Point of Exportation
(k) 52.247-39 FOB Inland Point, Country of Importation


(End of clause)


552.238-99  Delivery Prices Overseas.

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

Delivery Prices Overseas (May 2019)

    (a) Prices offered must cover delivery to destinations as 
provided as follows:
    (1) Direct delivery to consignee. F.O.B. Inland Point, Country 
of Importation (FAR 52.247-39). (Offeror should 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 (1), above.
    (3) Delivery to the overseas port of entry when delivery is not 
covered under paragraph (a)(1) or (2) of this section.
    (b) Geographic area(s)/countries/zones which are intended to be 
covered must be identified in the offer.


(End of clause)


552.238-100  Transshipments.

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

Transshipments (May 2019)

    (a) The Contractor shall complete two (2) 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.
    (1) 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.
    (2) These forms will be attached to one end and one side, not on 
the top or bottom, of the container.
    (3) 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.)
    (b) 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.
    (c) Dangerous cargo will not be intermingled with non-dangerous 
cargo in the same container.
    (d) 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.
    (e) Failure to include DD Form 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)


552.238-101  Foreign Taxes and Duties.

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

Foreign Taxes and Duties (May 2019)

    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)


552.238-102  English Language and U.S. Dollar Requirements.

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

English Language and U.S. Dollar Requirements (May 2019)

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

[[Page 17050]]

552.238-103  Electronic Commerce.

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

Electronic Commerce (May 2019)

    (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 (VAN's).
    (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 commercial 
telecommunications companies called Value-Added Networks (VAN's).
    (2) EDI can be performed using commercially available hardware, 
software, and telecommunications. The selection of a VAN is a 
business decision Contractors must make. There are many different 
VAN's which provide a variety of electronic services and different 
pricing strategies. If the VAN only provides communications 
services, you may also need a software translation package.
    (c) Registration instructions. To perform EDI with the 
Government, Contractors shall register as a trading partner. 
Contractors will provide regular business information, banking 
information, and 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 website regarding how to 
register for 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 
website, www.gsa.gov.
    (f) GSA Advantage![supreg]. (1) GSA Advantage![supreg] uses 
electronic commerce to receive catalogs, invoices 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 delivery orders to Contractors, generate EDI 
delivery orders from the Federal Supply Service to Contractors, or 
download files to create their own delivery orders.
    (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)


552.238-104  Dissemination of Information by Contractor.

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

Dissemination of Information by Contractor (May 2019)

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


552.238-105  Deliveries Beyond the Contractual Period--Placing of 
Orders.

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

Deliveries Beyond the Contractual Period--Placing of Orders (May 2019)

    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)


552.238-106  Interpretation of Contract Requirements.

    As prescribed in 538.273(d)(30), insert the following clause:

Interpretation of Contract Requirements (May 2019)

    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)


552.238-107  Export Traffic Release (Supplies).

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

Export Traffic Release (Supplies) (May 2019)

    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 should obtain shipping 
instructions from the ordering agency.


(End of clause)


552.238-108  Spare Parts Kit.

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

Spare Parts Kit (May 2019)

    (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 Ordering Activity contracting 
officer should 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.
    (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 Ordering Activity Contracting Officer. If the 
kit offered is acceptable to the Ordering Activity, awards covering 
requirements will be made by supplemental agreement to this 
contract.


(End of clause)


552.238-109  Authentication Supplies and Services.

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

Authentication Supplies and Services (May 2019)

    (a) General background. (1) The General Services Administration 
(GSA) established the ``Identity and Access Management Services'' 
(IAMS) Program to clearly define the kinds of digital certificates 
and PKI 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

[[Page 17051]]

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) 201-2: Personal 
Identity Verification of Federal Employees and Contractors August 
2013. FIPS 201-2 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 201-2 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.
    (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 201Evaluation 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 website 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 should be made and included with the award 
documents.
    (e) Demonstrating conformance. (1) The Federal Government has 
established Qualification Requirements for demonstrating conformance 
with the Standards. The following websites provide additional 
information regarding the evaluation and qualification processes:
    (i) For Identify and Access Management Services (IAMS) and PKI 
Shared Service Provider (SSP) Qualification Requirements and 
evaluation procedures: http://www.idmanagement.gov;
    (ii) For HSPD-12 Product and Service Components Qualification 
Requirements and evaluation procedures: http://www.idmanagement.gov;
    (iii) For FIPS 201 evaluation program testing and certification 
procedures: https://www.idmanagement.gov/fips201/.
    (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 
should insert the points of contact information below, unless 
otherwise included elsewhere in the solicitation.]

    *__*


(End of clause)


552.238-110  Commercial Satellite Communication (COMSATCOM) Services.

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

Commercial Satellite Communication (COMSATCOM) Services (May 2019)

    (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 552.238-90.
    (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

[[Page 17052]]

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 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)


552.238-111  Environmental Protection Agency Registration Requirement.

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

Environmental Protection Agency Registration Requirement (May 2019)

    (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 in this 
section, 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.

----------------------------------------------------------------------------------------------------------------
                                                      Items
-----------------------------------------------------------------------------------------------------------------
                                        Name of manufacturer/
             Item numbers                    distributor        EPA registration number     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)

[[Page 17053]]

552.238-112  Definition (Federal Supply Schedules)--Non-Federal Entity.

    As prescribed in 538.7004(a), insert the following clause:

Definition (Federal Supply Schedules)--Non-Federal Entity (May 2019)

    Ordering activity (also called ``ordering agency'' and 
``ordering office'') means an eligible ordering activity (see 
552.238-113), authorized to place orders under Federal Supply 
Schedule contracts.


(End of clause)


552.238-113  Scope of Contract (Eligible Ordering Activities).

    As prescribed in 538.7004 (b) insert the following clause:

Scope of Contract (Eligible Ordering Activities) (May 2019)

    (a) This solicitation is issued to establish contracts which may 
be used on a nonmandatory basis by the agencies and activities named 
below, as a source of supply for the supplies or services described 
herein, for domestic and/or overseas delivery. For Special Item 
Number 132-53, Wireless Services ONLY, limited geographic coverage 
(consistent with the Offeror's commercial practice) may be proposed.
    (1) Executive agencies (as defined in FAR Subpart 2.1) including 
nonappropriated fund activities as prescribed in 41 CFR 101-26.000;
    (2) Government contractors authorized in writing by a Federal 
agency pursuant to FAR 51.1;
    (3) Mixed ownership Government corporations (as defined in the 
Government Corporation Control Act);
    (4) Federal Agencies, including establishments in the 
legislative or judicial branch of government (except the Senate, the 
House of Representatives and the Architect of the Capitol and any 
activities under the direction of the Architect of the Capitol).
    (5) The District of Columbia;
    (6) Tribal governments when authorized under 25 U.S.C. 450j(k);
    (7) Tribes or tribally designated housing entities pursuant to 
25 U.S.C. 4111(j);
    (8) Qualified Nonprofit Agencies as authorized under 40 U.S.C. 
502(b); and
    (9) Organizations, other than those identified in paragraph (d) 
of this clause, authorized by GSA pursuant to statute or regulation 
to use GSA as a source of supply.
    (b) Definitions.
    Domestic delivery is delivery within the 48 contiguous states, 
Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. territories. 
Domestic delivery also includes a port or consolidation point, 
within the aforementioned areas, for orders received from overseas 
activities.
    Overseas delivery is delivery to points outside of the 48 
contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and 
U.S. territories.
    (c) Offerors are requested to check one of the following boxes:
    [square] Contractor will provide domestic and overseas delivery.
    [square] Contractor will provide overseas delivery only.
    [square] Contractor will provide domestic delivery only.
    (d) The following activities may place orders against Schedule 
contracts:
    (1) State and local government may place orders against Schedule 
70 contracts, and Consolidated Schedule contracts containing 
information technology Special Item Numbers, and Schedule 84 
contracts, on an optional basis; PROVIDED, the Contractor accepts 
order(s) from such activities;
    (2) The American National Red Cross may place orders against 
Federal Supply Schedules for products and services in furtherance of 
the purposes set forth in its Federal charter (36 U.S.C. 300102); 
PROVIDED, the Contractor accepts order(s) from the American National 
Red Cross; and
    (3) Other qualified organizations, as defined in section 309 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5152), may place orders against Federal Supply Schedules 
for products and services determined to be appropriate to facilitate 
emergency preparedness and disaster relief and set forth in guidance 
by the Administrator of General Services, in consultation with the 
Administrator of the Federal Emergency Management Agency; PROVIDED, 
the Contractor accepts order(s) from such activities.
    (4) State and local governments may place orders against Federal 
Supply Schedules for good or services determined by the Secretary of 
Homeland Security to facilitate recovery from a major disaster 
declared by the President under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.) to 
facilitate disaster preparedness or response, or to facilitate 
recovery from terrorism or nuclear, biological, chemical, or 
radiological attack; PROVIDED, the Contractor accepts order(s) from 
such activities.
    (e) Articles or services may be ordered from time to time in 
such quantities as may be needed to fill any requirement, subject to 
the Order Limitations thresholds which will be specified in 
resultant contracts. Overseas activities may place orders directly 
with schedule contractors for delivery to CONUS port or 
consolidation point.
    (f)(1) The Contractor is obligated to accept orders received 
from activities within the Executive branch of the Federal 
Government.
    (2) The Contractor is not obligated to accept orders received 
from activities outside the Executive branch; however, the 
Contractor is encouraged to accept such orders. If the Contractor 
elects to accept such orders, all provisions of the contract shall 
apply, including clause 52.232-36 Payment by Third Party. If the 
Contractor is unwilling to accept such orders, and the proposed 
method of payment is not through the Credit Card, the Contractor 
shall return the order by mail or other means of delivery within 5 
workdays from receipt. If the Contractor is unwilling to accept such 
orders, and the proposed method of payment is through the Credit 
Card, the Contractor must so advise the ordering activity within 24 
hours of receipt of order. (Reference clause 52.232-36 Payment by 
Third Party.) Failure to return an order or advise the ordering 
activity within the time frames of this paragraph shall constitute 
acceptance whereupon all provisions of the contract shall apply.
    (g) The Government is obligated to purchase under each resultant 
contract a guaranteed minimum of $2,500 (two thousand, five hundred 
dollars) during the contract term.
    (h) All users of GSA's Federal Supply Schedules, including non-
Federal users, shall use the schedules in accordance with the 
ordering guidance provided by the Administrator of General Services. 
GSA encourages non-Federal users to follow the Schedule Ordering 
Procedures set forth in the Federal Acquisition Regulation (FAR) 
8.4, but they may use different established competitive ordering 
procedures if such procedures are needed to satisfy their state and 
local acquisition regulations and/or organizational policies.


(End of clause)


552.238-114  Use of Federal Supply Schedule Contracts by Non-Federal 
Entities.

    As prescribed in 538.7004(c), insert the following clause:

Use of Federal Supply Schedule Contracts by Non-Federal Entities (May 
2019)

    (a) If an entity identified in paragraph (d) of the clause at 
552.238-113, Scope of Contract (Eligible Ordering Activities), 
elects to place an order under this contract, the entity agrees that 
the order shall be subject to the following conditions:
    (1) When the Contractor accepts an order from such an entity, a 
separate contract is formed which incorporates by reference all the 
terms and conditions of the Schedule contract except the Disputes 
clause, the patent indemnity clause, and the portion of the 
Commercial Item Contract Terms and Conditions that specifies 
``Compliance with laws unique to Government contracts'' (which 
applies only to contracts with entities of the Executive branch of 
the U.S. Government). The parties to this new contract which 
incorporates the terms and conditions of the Schedule contract are 
the individual ordering activity and the Contractor. The U.S. 
Government shall not be liable for the performance or nonperformance 
of the new contract. Disputes which cannot be resolved by the 
parties to the new contract may be litigated in any State or Federal 
court with jurisdiction over the parties, applying Federal 
procurement law, including statutes, regulations and case law, and, 
if pertinent, the Uniform Commercial Code. To the extent authorized 
by law, parties to this new contract are encouraged to resolve 
disputes through Alternative Dispute Resolution. Likewise, a Blanket 
Purchase Agreement (BPA), although not a contract, is an agreement 
that may be entered into by the Contractor with such an entity and 
the Federal Government is not a party.
    (2) Where contract clauses refer to action by a Contracting 
Officer or a Contracting Officer of GSA, that shall mean the 
individual responsible for placing the order for the ordering 
activity (e.g., FAR 52.212-4 at paragraph (f) and FSS clause I-FSS-
249 B.)

[[Page 17054]]

    (3) As a condition of using this contract, eligible ordering 
activities agree to abide by all terms and conditions of the 
Schedule contract, except for those deleted clauses or portions of 
clauses mentioned in paragraph (a)(1) of this clause. Ordering 
activities may include terms and conditions required by statute, 
ordinance, regulation, order, or as otherwise allowed by State and 
local government entities as a part of a statement of work (SOW) or 
statement of objective (SOO) to the extent that these terms and 
conditions do not conflict with the terms and conditions of the 
Schedule contract. The ordering activity and the Contractor 
expressly acknowledge that, in entering into an agreement for the 
ordering activity to purchase goods or services from the Contractor, 
neither the ordering activity nor the Contractor will look to, 
primarily or in any secondary capacity, or file any claim against 
the United States or any of its agencies with respect to any failure 
of performance by the other party.
    (4) The ordering activity is responsible for all payments due 
the Contractor under the contract formed by acceptance of the 
ordering activity's order, without recourse to the agency of the 
U.S. Government, which awarded the Schedule contract.
    (5) The Contractor is encouraged, but not obligated, to accept 
orders from such entities. The Contractor may, within 5 days of 
receipt of the order, decline to accept any order, for any reason. 
The Contractor shall fulfill orders placed by such entities, which 
are not declined within the 5-day period.
    (6) The supplies or services purchased will be used for 
governmental purposes only and will not be resold for personal use. 
Disposal of property acquired will be in accordance with the 
established procedures of the ordering activity for the disposal of 
personal property.
    (b) If the Schedule Contractor accepts an order from an entity 
identified in paragraph (d) of the clause at 552.238-113, Scope of 
Contract (Eligible Ordering Activities), the Contractor agrees to 
the following conditions:
    (1) The ordering activity is responsible for all payments due 
the Contractor for the contract formed by acceptance of the order, 
without recourse to the agency of the U.S. Government, which awarded 
the Schedule contract.
    (2) The Contractor is encouraged, but not obligated, to accept 
orders from such entities. The Contractor may, within 5 days of 
receipt of the order, decline to accept any order, for any reason. 
The Contractor shall decline the order using the same means as those 
used to place the order. The Contractor shall fulfill orders placed 
by such entities, which are not declined within the 5-day period.
    (c) In accordance with clause 552.238-80, Industrial Funding Fee 
and Sales Reporting, the Contractor must report the quarterly dollar 
value of all sales under this contract. When submitting sales 
reports, the Contractor must report two dollar values for each 
Special Item Number:
    (1) The dollar value for sales to entities identified in 
paragraph (a) of the clause at 552.238-113, Scope of Contract 
(Eligible Ordering Activities), and
    (2) The dollar value for sales to entities identified in 
paragraph (d) of clause 552.238-113 Scope of Contract (Eligible 
Ordering Activities).


(End of clause)


552.238-115  Special Ordering Procedures for the Acquisition of Order-
Level Materials.

    As prescribed in 538.7204(b), insert the following clause:

Special Ordering Procedures for the Acquisition of Order-Level 
Materials (May 2019)

    (a) Definition.
    Order-level materials means supplies and/or services acquired in 
direct support of an individual task or delivery order placed 
against a Federal Supply Schedule (FSS) contract or FSS blanket 
purchase agreement (BPA), when the supplies and/or services are not 
known at the time of Schedule contract or FSS BPA award. The prices 
of order-level materials are not established in the FSS contract or 
FSS BPA. Order-level materials acquired following the procedures in 
paragraph (d) of this section are done so under the authority of the 
FSS program, pursuant to 41 U.S.C. 152(3), and are not open market 
items, which are discussed in FAR 8.402(f).
    (b) FAR 8.403(b) provides that GSA may establish special 
ordering procedures for a particular FSS.
    (c) The procedures in FAR subpart 8.4 apply to this contract, 
with the exceptions listed in this clause. If a requirement in this 
clause is inconsistent with FAR subpart 8.4, this clause takes 
precedence pursuant to FAR 8.403(b).
    (d) Procedures for including order-level materials when placing 
an individual task or delivery order against an FSS contract or FSS 
BPA.
    (1) The procedures discussed in FAR 8.402(f) do not apply when 
placing task and delivery orders that include order-level materials.
    (2) Order-level materials are included in the definition of the 
term ``material'' in FAR clause 52.212-4 Alternate I, and therefore 
all provisions of FAR clause 52.212-4 Alternate I that apply to 
``materials'' also apply to order-level materials. The ordering 
activity shall follow procedures under the Federal Travel Regulation 
and FAR Part 31 when order-level materials include travel.
    (3) Order-level materials shall only be acquired in direct 
support of an individual task or delivery order and not as the 
primary basis or purpose of the order.
    (4) The value of order-level materials in a task or delivery 
order, or the cumulative value of order-level materials in orders 
against an FSS BPA awarded under a FSS contract shall not exceed 
33.33%.
    (5) All order-level materials shall be placed under the Order-
Level Materials SIN.
    (6) Prior to the placement of an order that includes order-level 
materials, the Ordering Activity shall follow procedures in FAR 
8.404(h).
    (7) To support the price reasonableness of order-level 
materials--
    (i) The contractor proposing order-level materials as part of a 
solution shall obtain a minimum of three quotes for each order-level 
material above the simplified acquisition threshold.
    (A) One of these three quotes may include materials furnished by 
the contractor under FAR 52.212-4 Alt I (i)(1)(ii)(A).
    (B) If the contractor cannot obtain three quotes, the contractor 
shall maintain its documentation of why three quotes could not be 
obtained to support their determination.
    (C) A contractor with an approved purchasing system per FAR 44.3 
shall instead follow its purchasing system requirement and is exempt 
from the requirements in paragraphs (d)(7)(i)(A)-(B) of this clause.
    (ii) The Ordering Activity Contracting Officer must make a 
determination that prices for all order-level materials are fair and 
reasonable. The Ordering Activity Contracting Officer may base this 
determination on a comparison of the quotes received in response to 
the task or delivery order solicitation or other relevant pricing 
information available.
    (iii) If indirect costs are approved per FAR 52.212-
4(i)(1)(ii)(D)(2) Alternate I), the Ordering Activity Contracting 
Officer must make a determination that all indirect costs approved 
for payment are fair and reasonable. Supporting data shall be 
submitted in a form acceptable to the Ordering Activity Contracting 
Officer.
    (8) Prior to an increase in the ceiling price of order-level 
materials, the Ordering Activity Contracting Officer shall follow 
the procedures at FAR 8.404(h)(3)(iv).
    (9) In accordance with GSAR clause 552.238-83, Examination of 
Records by GSA, GSA has the authority to examine the Contractor's 
records for compliance with the pricing provisions in FAR clause 
52.212-4 Alternate I, to include examination of any books, 
documents, papers, and records involving transactions related to the 
contract for overbillings, billing errors, and compliance with the 
IFF and the Sales Reporting clauses of the contract.
    (10) OLMs are exempt from the following clauses:
    (i) 552.216-70 Economic Price Adjustment--FSS Multiple Award 
Schedule Contracts.
    (ii) 552.238-77 Submission and Distribution of Authorized FSS 
Schedule Pricelists.
    (iii) 552.238-81 Price Reductions.
    (11) Exceptions for travel. (i) Travel costs are governed by FAR 
31.205-46 and therefore the requirements in paragraph (d)(7) do not 
apply to travel costs.
    (ii) Travel costs do not count towards the 33.33% limitation 
described in paragraph (d)(4) of this section.
    (iii) Travel costs are exempt from clause 552.238-80 Industrial 
Funding Fee and Sales Reporting.


(End of clause)

[FR Doc. 2019-08012 Filed 4-22-19; 8:45 am]
BILLING CODE 6820-61-P