General Services Administration Acquisition Regulation; GSAR Case 2008-G517; Cooperative Purchasing-Acquisition of Security and Law Enforcement Related Goods and Services (Schedule 84) by State and Local Governments Through Federal Supply Schedules, 54334-54339 [E8-21927]
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54334
Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations
Dated: September 15, 2008.
Meredith Attwell Baker,
Acting Assistant Secretary for
Communications and Information.
[FR Doc. E8–21892 Filed 9–18–08; 8:45 am]
BILLING CODE 3510–60–S
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 511, 516, 532, 538, 546,
and 552
[GSAR Amendment 2008–02; GSAR Case
2008–G517; (Change 23); Docket 2008–
0007; Sequence 01]
RIN 3090–AI68
General Services Administration
Acquisition Regulation; GSAR Case
2008–G517; Cooperative PurchasingAcquisition of Security and Law
Enforcement Related Goods and
Services (Schedule 84) by State and
Local Governments Through Federal
Supply Schedules
General Services
Administration (GSA), Office of the
Chief Acquisition Officer.
ACTION: Interim rule with request for
comments.
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AGENCIES:
SUMMARY: The General Services
Administration (GSA) is amending the
General Services Administration
Acquisition Regulation (GSAR) to
implement Pub.L. 110–248, The Local
Preparedness Acquisition Act. The Act
authorizes the Administrator of General
Services to provide for the use by State
or local governments of Federal Supply
Schedules of the General Services
Administration (GSA) for alarm and
signal systems, facility management
systems, firefighting and rescue
equipment, law enforcement and
security equipment, marine craft and
related equipment, special purpose
clothing, and related services (as
contained in Federal supply
classification code group 84 or any
amended or subsequent version of that
Federal supply classification group).
DATES: Effective Date: September 19,
2008.
Applicability Date: This amendment
applies to solicitations and existing
contracts for Schedule 84, as defined in
GSAM 538.7001, Definitions, Schedule
84. Further, this amendment applies to
contracts awarded after the effective
date of this rule for Schedule 84.
Existing Schedule 84 contracts shall be
modified by mutual agreement of both
parties.
Comment Date: Interested parties
should submit written comments to the
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Regulatory Secretariat on or before
November 18, 2008 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments
identified by GSAR case 2008–G517, by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘GSAR case 2008–G517’’
under the heading ‘‘Comment or
Submission’’. Select the link ‘‘Send a
Comment or Submission’’ that
corresponds with GSAR case 2008–
G517. Follow the instructions provided
to complete the ‘‘Public Comment and
Submission Form’’. Please include your
name, company name (if any), and
‘‘GSAR case 2008–G517’’ on your
attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VPR), 1800 F Street, NW, Room 4035,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and cite GSAR case 2008–G517, in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
William Clark, Procurement Analyst, at
(202) 219–1813 for clarification of
content. Please cite GSAR case 2008–
G517. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at (202) 501–
4755.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends GSAM Parts
511, 516, 532, 538, 546, and 552 to
implement Pub.L. 110–248, The Local
Preparedness Acquisition Act. The
public law amends the ‘‘Cooperative
Purchasing’’ provisions of the Federal
Property and Administrative Services
Act where the Administrator of GSA
provides States and localities access to
certain items offered through GSA’s
supply schedules. The Public Law
amends 40 U.S.C. 502(c) that allows, to
the extent authorized by the
Administrator, a State or local
government to use Federal Supply
Schedules of the General Services
Administration to purchase alarm and
signal systems, facility management
systems, firefighting and rescue
equipment, law enforcement and
security equipment, marine craft and
related equipment, special purpose
clothing, and related services (as
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contained in Federal supply
classification code group 84 or any
amended or subsequent version of that
Federal supply classification group).
The GSA Schedules Program is also
known as the Federal Supply Schedule
(FSS) or Multiple Award Schedules
(MAS) Program. Under the FSS/MAS
Program, Federal agencies are able to
purchase goods and services under
contracts that are pre-negotiated by
GSA. These contracts cover more than
11 million commercial goods and
services and are listed in broad
categories known as Schedules. Under
current law, State and local
governments are authorized to purchase
goods and services off the GSA
Schedules, in limited circumstances,
under special procurement authority.
This interim rule allows for State and
local purchasing under GSA Schedule
84, which covers products and services
related to law enforcement and security.
Schedule 84 includes items such as fire
alarm systems, door entry control
devices, intrusion detection sensors,
bomb detection equipment, perimeter
security and video surveillance systems.
Use of the GSA Schedules allows State
and local governments to reduce time
and resources spent on negotiating and
awarding contracts for needed goods
and services and gives them access to
the pre-negotiated prices on the Federal
Supply Schedules. Access to Schedule
84 will help State and local
governments meet growing homeland
security and public safety needs.
Cooperative Purchasing was added to
the GSAR in 2003, covering automated
data processing equipment (including
firmware, software, supplies, support
equipment, and services) (Schedule 70).
A proposed rule was published in the
Federal Register at 68 FR 3220, January
23, 2003; an interim rule was published
in the Federal Register at 68 FR 24372,
May 7, 2003; and a final rule was
published in the Federal Register at 69
FR 28063, May 18, 2004. The rule
authorized State and local governments
to procure IT products and services
from Schedule 70, Information
Technology and the Consolidated
Schedule, contracts containing the IT
Special Item Numbers (SINs).
A related interim rule on Recovery
Purchasing was published in the
Federal Register at 72 FR 4649,
February 1, 2007. That interim rule
implemented Section 833 of P.L. 109–
364, which authorized the
Administrator of General Services to
provide to State and local governments
the use of Federal Supply Schedules of
the GSA for purchase of products and
services to be used to facilitate recovery
from a major disaster, terrorism, or
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nuclear, biological, chemical, or
radiological attack. State and local
governments are authorized to use
Federal Supply Schedules to procure
products and services determined by the
Secretary of Homeland Security to
facilitate recovery from major disasters,
terrorism, or nuclear, biological,
chemical, or radiological attack. This
Recovery Purchasing authority was
limited to GSA and the Department of
Veterans Affairs (VA) Federal Supply
Schedule contracts and does not include
any other GSA programs.
Additional information about
Cooperative Purchasing and on
Recovery Purchasing is available in
GSA’s Schedules e-Library at https://
www.gsaelibrary.gsa.gov.
Schedule 84 Special Item Numbers
Alarm and Signal Systems, Facility
Management Systems, Professional
Security/Facility Management Services
and Protective Service Occupations
(Guard Services).
SIN 246 20 1 - Miscellaneous Alarm
and Signal Systems. Process
Monitoring/Fault Reporting Devices or
Systems.
SIN 246 20 2—Miscellaneous Alarm
and Signal System Hazard Indicating
alarm Devices or Systems for the
Detection of Toxic Gases, Flammable
Gases.
SIN 246 20 3 - Miscellaneous Alarm
and Signal Systems. Audible/Visual
Warning/Signaling Devices.
SIN 246 20 4 - Miscellaneous Alarm
and Signal Systems. Warning System
Devices (Patient/Detainees).
SIN 246 23 - Anti-Theft Material
Alarm Control Systems for Detection of
Property.
SIN 246 25 - Fire Alarm Systems.
SIN 246 35 1 - Access Control
Systems, Door entry control by card
access, magnetic proximity.
SIN 246 35 2 - Access Control
Systems, Door entry control by touch
access, dial, digital, keyboard, keypad.
SIN 246 35 3 - Access Control
Systems, Parking Access Control.
SIN 246 35 4 - Access Control
Systems, Emergency exit door access/
alarm systems for security and/or fire
safety.
SIN 246 35 5 - Access Control
Systems - Vehicle Arrest/Security
Barrier/Barricade/Bollard Systems,
Decorative Barrier Planters.
SIN 246 35 6 - Other Access Control
Systems.
SIN 246 36 - Locking Devices.
SIN 246 40 - Intrusion Alarms and
Signal Systems.
SIN 246 42 1 - Facility Management
Systems (Including Accessories and
Repair Parts. Computerized Systems for
Surveillance, Monitoring, Controlling,
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Signaling and Reporting Multiple
Functions. Security Functions (i.e.,
access control, fire detection, intrusion,
etc.).
SIN 246 42 2 - Facility Management
Systems (Including Accessories and
Repair Parts. Computerized Systems for
Surveillance, Monitoring, Controlling,
Signaling and Reporting Multiple
Functions. Energy and Facility
Management Functions and Services,
Building Automation Control systems
(including lighting, HVAC controls and
sensors), Building Comfort Systems
(including heating, ventilation and air
conditioning, chillers).
SIN 246 42 3 - Facility Management
Systems - including accessories and
repair parts. - Computerized systems for
surveillance, monitoring, controlling,
signaling and reporting multiple
functions. Systems capable of both
security functions and energy
management functions.
SIN 246 43 - Perimeter Security/
Detection Systems.
SIN 246 50 - Ancillary Services
relating to Security/Facility
Management Systems.
SIN 246 51 - Installation of Security/
Facility Management Systems Requiring
Construction.
SIN 246 52 - Professional Security/
Facility Management Services.
SIN 246 53 - Facility Management and
Energy Solutions.
SIN 246 54 - Protective Service
Occupations.
SIN 246 60 1—Security Systems
Integration and Design Services.
SIN 246 60 2—Security Management
Support Services.
SIN 246 60 3—Security System Life
Cycle Support.
SIN 246 60 4—Total Solution Support
Products.
SIN 246 99 - Introduction of New
Products/Services relating to Alarm and
Signal Systems/Facility
Firefighting and Rescue Equipment,
Urban and Wildland.
SIN 465 8—Flood Control
Equipment—Traditional and Alternative
Approaches.
SIN 465 9—Medical/Rescue Kits.
SIN 465 10 - Emergency Patient
Transportation and Immobilization
Devices.
SIN 465 11 - Fire Extinguishing/
Suppressing Products, Retardant, Foams
and Equipment.
SIN 465 17 - Firefighting Distress/
Signal Devices and Heat Sensing
Devices.
SIN 465 19 - Firefighting and Rescue
Tools, Equipment and Accessories.
SIN 465 22 - Breathing Air
Equipment, Inhalator Devices,
Respiratory Protection Products, Related
Support Items and Solutions.
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SIN 567 15 - Hoses, Valves, Fittings,
Nozzles, Couplings and Related
Accessories.
SIN 567 4 - Helicopter Equipment and
Products for Search and Rescue and
Firefighting Applications.
SIN 567 8 - Burning Equipment.
SIN 567 99 - Introduction of New
Products and Services relating to
Firefighting and Rescue Equipment.
Law Enforcement and Security
Equipment Supplies and Services.
SIN 426 1A - Miscellaneous Personal
Equipment.
SIN 426 1B - Body Armor.
SIN 426 1C—Helmets.
SIN 426 1D - Restraining Equipment.
SIN 426 1G - Miscellaneous NonPersonal Law Enforcement Equipment.
SIN 426 2A - Canine Training and
Handling Equipment, Canine Search
and Detection.
SIN 426 3A - Emergency Signal
Systems.
SIN 426 3B - In-Vehicle Protection
and Restraint Systems.
SIN 426 4C - Night Vision Equipment.
SIN 426 4D - Alcohol Detection Kits
and Devices.
SIN 426 4E - Bomb Disposal and
Hazardous Material Protective and
Detective Equipment.
SIN 426 4F - Emergency Preparedness
and First Responder Equipment,
Training and Services.
SIN 426 4G - Firearms Storage,
Securing and Cleaning Equipment;
Unloading Stations; Bullet Recovery
Systems and Gun Racks.
SIN 426 4J - Target Systems/Target
Range Accessories.
SIN 426 4K - Fingerprinting/
Palmprinting (Taking and Detection)
and Evidential Casting Materials.
SIN 426 4L - Fingerprinting/
Palmprinting (Taking and Detection)
and Evidential Casting Materials.
SIN 426 4M - Drug Testing Equipment
and Kits.
SIN 426 4N - Criminal Investigative
Equipment and Supplies.
SIN 426 4Q - Vehicle Monitor
(Tracking) Systems.
SIN 426 4S - Surveillance Systems.
SIN 426 5A - Aircraft Armoring and
Ancillary Services.
SIN 426 5B—Armored Vehicles,
Vehicle Armoring Services, Wheeled
Vehicles.
SIN 426 6—Law Enforcement and
Security Training.
SIN 426 7—Professional Law
Enforcement Services.
SIN 426 99 - Introduction of New
Services/Products related to Law
Enforcement and Security Equipment.
Marine Craft and Equipment.
SIN 260 01 - Boats, Powered.
SIN 260 03 - Boats, Nonpowered.
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SIN 260 06 - Boats, Inflatable,
Powered and Nonpowered.
SIN 260 09 - Inboard and Outboard
Engines, Marine Diesel Propulsion
Engines (Ranging in Horsepower from
150–4,000).
SIN 260 10—Marine Craft Electronics.
SIN 260 11—Marine Craft Trailers and
Trailer Accessories/Spare Parts.
SIN 260 12 - Floating Marine Barriers
and Booms, Floats, Perimeter Floats,
and Moorings.
SIN 260 13—Marine Craft
Modifications, Marine Craft Repair and
Marine Craft Spare Parts.
SIN 260 14—Harbor/Waterfront
Security Products and Services and
Professional Marine Security Services.
SIN 260 98 - Ancillary Services
Relating to Marine Craft Systems.
SIN 260 99 - Introduction of New
Products and Services Items Directly
Related to Marine Equipment.
Special Purpose Clothing.
SIN 633 1 - Gloves Industrial, Work
and Cold Weather Gloves.
SIN 633 15 - Rainwear. Lightweight
Rainwear.
SIN 633 16 - Footwear. Men’s Overthe-Sock Boots (Work, Uniform, Sport)
and Women’s Over-the-Sock Boots
(Work, Uniform, Sport).
SIN 633 18 - Footwear. Men’s or
Women’s Overshoes, Rubber.
SIN 633 19 - Footwear. Men’s Safety
Toe Shoes or Boots and Women’s Safety
Toe Shoes or Boots.
SIN 633 21A - Shipboard/Aircraft
Anti-Exposure Immersion Clothing Not
Otherwise Covered.
SIN 633 22 - Extreme Cold Weather
Clothing. Coats, Jackets, Vests, Hoods
and Hats.
SIN 633 23 - Extreme Cold Weather
Clothing. Overalls, Coveralls, Pants,
Insulated.
SIN 633 25 - Footwear. Boots,
Insulated, Waterproof, Extreme Cold
Weather.
SIN 633 26 - Special Purpose Work
clothes. Disposable Clothing.
SIN 633 27 - Special Purpose Work
clothes. Coveralls, General Purpose,
Detainee Clothing.
SIN 633 30 - Structural Fire Fighting
Clothing. Coat, Turnout, Proximity;
Trousers, Proximity; Helmets,
Proximity.
SIN 633 30A - Structural Fire Fighting
Clothing. Coat, Turnout, Proximity;
Trousers, Proximity; Helmets,
Proximity.
SIN 633 32 - Structural Fire Fighting
Clothing. Boots, Bunker and Hip.
SIN 633 33 - Structural Fire Fighting
Clothing. Gloves.
SIN 633 35 - Structural Fire Fighting
Clothing. Protective Hoods.
SIN 633 37 - Structural Fire Fighting
Clothing. Fire Fighter’s Station Wear.
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SIN 633 38 - Wildland Fire Fighting
Clothing - Personal Protection. Shirts
and Pants (BDU’s) NFPA 1977
Compliant.
SIN 633 39 - Wildland Fire Fighting
Clothing - Personal Protection. Brush
Shirts, Pants, Coats, Jackets, Jumpsuits NFPA 1977 Compliant. Shirts, Pants,
coats, Jumpsuits, coveralls - Flame
Resistant. Not NFPA Compliant.
SIN 633 4 - Protective Worksuits,
Waterproof, Chemical and Electrical
Safety. Jackets, Coats and Hoods.
SIN 633 40 - Flotation Devices.
Personal Flotation Devices, Coast Guard
Approved Under 46 CFR 160.064; and
Personal Flotation Devices Not Coast
Guard Approved.
SIN 633 43 - Wildland Fire Fighting
Clothing - Personal Protection. Helmets,
Safety, Wildfire - NFPA 1977
Compliant.
SIN 633 45 - Wildland Fire Fighting
Clothing - Personal Protection. Helmets,
Safety, Electrical Construction
(Welder’s).
SIN 633 47 - Security Wear, EMS
Clothing and Related Products.
SIN 633 48 - High Visibility,
Reflective Safety Products.
SIN 633 49 - Medical/Hospital
Clothing.
SIN 633 50 - Industrial Work Shirts
and Pants.
SIN 633 51—Concealment Clothing,
Camouflage Clothing and BDUs.
SIN 633 52—Miscellaneous Footwear
Accessories.
SIN 633 6 - Protective Worksuits,
Waterproof, Chemical and Electrical
Safety.
SIN 633 6A - Emergency Response/
Hazmat Clothing and Related Products.
SIN 633 60—Miscellaneous
Undergarments for use with Special
Purpose Clothing.
SIN 633 61—Special Purpose Clothing
not elsewhere covered under this
Schedule.
SIN 633 70—Cool/Hot Products.
SIN 633 99 - Introduction of New
Products/Services relating to Special
Purpose Clothing.
Cooperative Purchasing Data.
GSA seeks to continually improve the
quality of its data on cooperative
purchasing activity under the FSS/MAS
Program. Enhanced information on the
buying trends of non-federal purchases
will help GSA and other Federal
agencies better understand how states
and localities are using the FSS/MAS
Program to facilitate key objectives of
cooperative purchasing. One such
objective is greater interoperability
between Federal, state, and local
infrastructures to achieve improved
preparedness for emergencies. More
detailed data will also allow GSA to
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more effectively monitor the impact of
cooperative purchasing, including
changes, if any, in: (i) small business
participation; (ii) access for federal
customers; and (iii) GSA’s ability to
negotiate favorable pricing and terms
and conditions. Currently, GSA collects
sales data through both quarterly vendor
reports based on the Industrial Funding
Fee report and GSA Advantage, GSA’S
online purchasing tool. GSA welcomes
public comment on expanding the use
and/or functionality of GSA Advantage
or another system or process that allows
additional collection of information at
the transaction level to provide
additional insight regarding the impact
of the Cooperative Purchasing Program.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
The changes may have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., because the
interim rule will affect large and small
entities including small businesses that
are awarded Schedule 84 contracts,
under the GSA Federal Supply
Schedule program; non-schedule
contractors, including small businesses,
contracting with State or local
governments; and small governmental
jurisdictions that will be eligible to
place orders under Schedule 84
contracts. The analysis is as follows:
An Initial Regulatory Flexibility
Analysis (IRFA) has been prepared. The
analysis is summarized as follows:
1. Description of the reasons why action
by the agency is being considered.
To implement Pub.L. 110–248, The Local
Preparedness Acquisition Act. The Act
amends section 502 of Title 40, United States
Code, to authorize the Administrator of
General Services to provide for the use by
State or local governments of Federal Supply
Schedules of the General Services
Administration (GSA) for alarm and signal
systems, facility management systems,
firefighting and rescue equipment, law
enforcement and security equipment, marine
craft and related equipment, special purpose
clothing, and related services (as contained
in Federal supply classification code group
84 or any amended or subsequent version of
that Federal supply classification group). The
rule opens the Federal Supply Schedule 84
for use by other governmental entities to
enhance intergovernmental cooperation.
2. Succinct statement of the objectives of,
and legal basis for the interim rule.
The interim rule will implement Pub.L.
110–248, The Local Preparedness
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Acquisition Act with the objective of opening
the Federal Supply Schedule 84 for use by
other governmental entities to enhance
intergovernmental cooperation. The goal of
the new rule is to make ‘‘government’’
(considering all levels) more efficient by
reducing duplication of effort and utilizing
volume purchasing techniques for the
acquisition of law enforcement, security, and
certain other related items.
3. Description of, and where feasible,
estimate of the number of small entities to
which the interim rule will apply.
The rule will affect large and small entities
including small businesses, that are awarded
Schedule 84 contracts, under the GSA
Federal Supply Schedule program; nonschedule contractors, including small
businesses, contracting with State or local
governments; and small governmental
jurisdictions that will be eligible to place
orders under Schedule 84. In Fiscal Year
2007, approximately 85 percent (1,061) of
GSA Schedule 84 contractors were small
businesses, and approximately 54 percent
($1,206,816,656) of Schedule 84 contract
sales were reported as small business. All of
the small business Schedule 84 contractors
will be allowed, at the Schedule contractor’s
option, to accept orders from State and local
governments. Obviously, the expanded
authority to order from Schedule 84 could
increase the sales of small business Schedule
contractors. As an example, the Schedule 70
Cooper- ative Purchasing contract sales
reported by small businesses between Fiscal
Year 2004 and Fiscal Year 2007 increased
from approximately $33.1 million to $98.3
million. This represented an average of 42
percent of the total Schedule 70 Cooperative
Purchasing contract sales.
It is difficult to identify the number of nonschedule small businesses that currently sell
directly to State and local governments. The
ability of governmental entities to use
Schedule 84 may affect the competitive
marketplace in which those small businesses
operate. State and local government agencies
could realize lower prices on some products
and services, less administrative burden and
shortened procurement lead times. The rule
does not affect or waive State or local
government preference programs. Finally,
small governmental jurisdictions will also be
affected. Counties, incorporated
municipalities, minor subdivisions, public
housing authorities, school districts, public
educational institutions of higher learning,
and Indian tribal governments would be
among those affected if they chose to order
from Schedule 84 contracts. Federal Supply
Schedule contracts are negotiated as volume
purchase agreements, with generally very
favorable pricing. The ability of small
governmental entities to order from Schedule
84 holds out the potential for significant cost
savings for those organizations.
4. Description of projected reporting,
recordkeeping, and other compliance
requirements of the rule, including an
estimate of the classes of small entities that
will be subject to the requirement and the
type of professional skills necessary for
preparation of the report or record.
The interim rule makes changes in certain
provisions or clauses in order to recognize
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the fact that authorized non-federal ordering
activities may place orders under the
contract. The Office of Management and
Budget under the Paperwork Reduction Act
has previously approved these clauses and
the changes do not impact the information
collection or recordkeeping requirements.
5. Identification, to the extent practicable,
of all relevant Federal rules that may
duplicate, overlap or conflict with the rule.
The interim rule does not duplicate,
overlap, or conflict with any other Federal
rules.
6. Description of any significant
alternatives to the interim rule that
accomplish the stated objectives of
applicable statutes and that minimize any
significant economic impact of the rule on
small entities.
There are no practical alternatives that will
accomplish the objective of this rule.
The Regulatory Secretariat has
submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small
Business Administration. Interested
parties may obtain a copy from the
Regulatory Secretariat. The Councils
will consider comments from small
entities concerning the affected FAR
Parts 511, 516, 532, 538, 546, and 552
in accordance with 5 U.S.C. 610.
Interested parties must submit such
comments separately and should cite 5
U.S.C. 601, et seq. (GSAR case 2008–
G517), in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
apply; however, these changes to the
FAR do not impose additional
information collection requirements to
the paperwork burden previously
approved under OMB Control Number
3090–0250.
D. Determination to Issue an Interim
Rule
A determination has been made under
the authority of the Administrator of
General Services (GSA) that urgent and
compelling reasons exist to promulgate
this interim rule without prior
opportunity for public comment. This
action is necessary to implement Pub.L.
110–248, The Local Preparedness
Acquisition Act. The Act was signed
and became effective June 26, 2008. In
addition, this interim rule will provide
immediate access to Schedule 84 items
(e.g., firefighting and rescue equipment,
first responder gear and kits, law
enforcement and security equipment)
that may be critical to meet the public
safety and homeland security needs of
State and local governments during
hurricanes, fires and incidents related to
homeland security. Further,
implementation of this interim rule is
an incremental expansion of the
Cooperative Purchasing Program where
the processes and procedures are well
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54337
established and have been the subject of
prior rulemakings. However, pursuant
to Public Law 98–577 and FAR 1.501,
the Councils will consider public
comments received in response to this
interim rule in the formation of the final
rule.
List of Subjects in 48 CFR Parts 511,
516, 532, 538, 546, and 552.
Government procurement.
Dated: September 15, 2008.
David A. Drabkin,
Senior Procurement Executive, Office of the
Chief Acquisition Officer, General Services
Administration.
Therefore, GSA amends 48 CFR parts
511, 516, 532, 538, 546, and 552 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 511, 516, 532, 538, 546, and 552
continues to read as follows:
■
Authority: 40 U.S.C. 121(c).
PART 511—DESCRIBING AGENCY
NEEDS
2. Amend section 511.204 by revising
paragraphs (c)(3) and (d) to read as
follows:
■
511.204 Solicitation provisions and
contract clauses.
*
*
*
*
*
(c) * * *
(3) Include the clause at 552.211–75,
Preservation, Packaging and Packing, in
solicitations and contracts for supplies
expected to exceed the simplified
acquisition threshold. You may also
include the clause in contracts
estimated to be at or below the
simplified acquisition threshold when
appropriate. Use Alternate I in
solicitations and contracts for—
(i) Federal Supply Schedule 70;
(ii) The Consolidated Schedule
containing information technology
Special Item Numbers;
(iii) Federal Supply Schedule 84; and
(iv) Federal Supply Schedules for
recovery purchasing (see 538.7102).
*
*
*
*
*
(d) Supply contracts. Include the
clause at 552.211–77, Packing List, in
solicitations and contracts for supplies,
including purchases over the
micropurchase threshold. Use Alternate
I in solicitations and contracts for—
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule
containing information technology
Special Item Numbers;
(3) Federal Supply Schedule 84; and
(4) Federal Supply Schedules for
recovery purchasing (see 538.7102).
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PART 516—TYPES OF CONTRACTS
3. Amend section 516.506 by revising
paragraph (c) to read as follows:
■
516.506 Solicitation provisions and
contract clauses.
*
*
*
*
*
(c) Use 552.216–72, Placement of
Orders, Alternate III, instead of
Alternate II in solicitations and
contracts for—
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule
containing information technology
Special Item Numbers; and
(3) Federal Supply Schedule 84.
*
*
*
*
*
(4) Federal Supply Schedule contracts
for recovery purchasing (see 538.7102).
(c) Use 552.232–79 instead of
552.232–77 in solicitations and
contracts for—
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule
containing information technology
Special Item Numbers;
(3) Federal Supply Schedule 84; and
(4) Federal Supply Schedule contracts
for recovery purchasing (see 538.7102).
PART 538—FEDERAL SUPPLY
SCHEDULE CONTRACTING
6. Amend section 538.273 by revising
paragraphs (a)(2) and (b)(2) to read as
follows:
■
PART 532—CONTRACT FINANCING
538.273
4. Amend section 532.206 by revising
paragraphs (a) and (b) to read as follows:
(a) * * *
(2) 552.238–71, Submission and
Distribution of Authorized FSS
Schedule Pricelists.
(i) Use Alternate I, in solicitations and
contracts for—
(A) Federal Supply Schedule 70;
(B) The Consolidated Schedule
contracts containing information
technology Special Item Numbers;
(C) Federal Supply Schedule 84; and
(D) Federal Supply Schedules for
recovery purchasing (see 538.7102), use
Alternate I.
(ii) If GSA is not prepared to accept
electronic submissions for a particular
schedule delete—
(A) The paragraph identifier ‘‘(i)’’ in
(b)(1) and the word ‘‘and’’ at the end of
paragraph (b)(1)(i); and
(B) Paragraphs (b)(1)(ii) and (b)(3).
*
*
*
*
*
(b) * * *
(2) 552.238–75, Price Reductions. Use
Alternate I in solicitations and contracts
for—
(i) Federal Supply Schedule 70;
(ii) The Consolidated Schedule
containing information technology
Special Item Numbers;
(iii) Federal Supply Schedule 84; and
(iv) Federal Supply Schedules for
recovery purchasing (see 538.7102).
■ 7. Revise section 538.7000 to read as
follows:
■
532.206 Solicitation provisions and
contract clauses.
(a) Discounts for prompt payment.
Include 552.232–8, Discounts for
Prompt Payments, in multiple award
schedule solicitations and contracts
instead of the clause at Federal
Acquisition Regulation 52.232–8. Use
Alternate I in solicitations and contracts
for—
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule
containing information technology
Special Item Numbers (SINs); or
(3) Federal Supply Schedule 84; and
(4) Federal Supply Schedules for
recovery purchasing (see 538.7102).
(b) The contracting officer shall insert
the clause at 552.232–81, Payments by
Non-Federal Ordering Activities, in
solicitations and schedule contracts
for—
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule
contracts containing information
technology SINs;
(3) FSS Schedule 84; and
(4) Federal Supply Schedules for
recovery purchasing (see 538.7102).
*
*
*
*
*
■ 5. Amend section 532.7003 by
revising paragraphs (b) and (c) to read
as follows:
532.7003
Contract clause.
yshivers on PROD1PC62 with RULES
*
*
*
*
*
(b) Federal Supply Service contracts.
Use Alternate I of the clause at 552.232–
77 for all Federal Supply Schedule
solicitations and contracts, except for—
(1) Federal Supply Schedule 70,
Information Technology;
(2) The Consolidated Schedule
contracts containing information
technology Special Item Numbers;
(3) Federal Supply Schedule 84; and
VerDate Aug<31>2005
15:21 Sep 18, 2008
Jkt 214001
538.7000
Contract clauses.
Scope of subpart.
This subpart prescribes policies and
procedures that implement statutory
provisions authorizing non-federal
organizations to use—
(a) Federal Supply Schedule 70;
(b) The Consolidated Schedule
contracts containing information
technology Special Item Numbers
(SINs); and
(c) Federal Supply Schedule 84.
■ 8. Amend section 538.7001 by adding,
in alphabetical order, the definition
‘‘Schedule 84’’ to read as follows:
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Fmt 4700
Sfmt 4700
538.7001
Definitions.
*
*
*
*
*
Schedule 84 means the Federal
Supply Schedule for alarm and signal
systems, facility management systems,
firefighting and rescue equipment, law
enforcement and security equipment,
marine craft and related equipment,
special purpose clothing, and related
services (as contained in Federal Supply
Classification Code Group 84 or any
amended or subsequent version of that
Federal supply classification group).
*
*
*
*
*
■ 9. Amend section 538.7002 by
redesignating paragraph (c) as paragraph
(d); by adding a new paragraph (c); and
by revising the newly designated
paragraph (d) to read as follows:
538.7002
General.
*
*
*
*
*
(c) Pub.L. 110–248, The Local
Preparedness Acquisition Act,
authorizes the Administrator of General
Services to provide for the use by state
or local governments of Federal Supply
Schedules of the General Services
Administration (GSA) for alarm and
signal systems, facility management
systems, firefighting and rescue
equipment, law enforcement and
security equipment, marine craft and
related equipment, special purpose
clothing, and related services (as
contained in Schedule 84).
(d) State and local governments are
authorized to procure from Schedule 70
contracts, Consolidated Schedule
contracts containing information
technology SINs, and Schedule 84
contracts. A listing of the participating
contractors and SINs for the products
and services that are available through
Schedule 70 contracts, the Consolidated
Schedule contracts containing
information technology SINs, and
Schedule 84 contracts, is available in
GSA’s Schedules e-Library at
www.gsa.gov/elibrary. Click on
Schedules e-Library, and under
Cooperative Purchasing, click on ‘‘View
authorized vendors.’’ The contractors
and the products and services available
for Cooperative Purchasing will be
labeled with the Cooperative Purchasing
icon.
■ 10. Amend section 538.7003 by
revising the introductory paragraph to
read as follows:
538.7003
Policy.
Preparing solicitations when
schedules are open to eligible nonfederal entities. When opening Schedule
70, the Consolidated Schedule
containing information technology SINs,
and Schedule 84, for use by eligible
non-federal entities, the contracting
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Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations
officer must make minor modifications
to certain Federal Acquisition
Regulation and GSAM provisions and
clauses in order to make clear
distinctions between the rights and
responsibilities of the U.S. Government
in its management and regulatory
capacity pursuant to which it awards
schedule contracts and fulfills
associated Federal requirements versus
the rights and responsibilities of eligible
ordering activities placing orders to
fulfill agency needs. Accordingly, the
contracting officer is authorized to
modify the following FAR provisions/
clauses to delete ‘‘Government’’ or
similar language referring to the U.S.
Government and substitute ‘‘ordering
activity’’ or similar language when
preparing solicitations and contracts to
be awarded under Schedule 70, and the
Consolidated Schedule containing
information technology SINs, and
Schedule 84. When such changes are
made, the word ‘‘(DEVIATION)’’ shall
be added at the end of the title of the
provision or clause. These clauses
include but are not limited to:
*
*
*
*
*
■ 11. Revise section 538.7004 to read as
follows:
538.7004 Solicitation provisions and
contract clauses.
yshivers on PROD1PC62 with RULES
(a) The contracting officer shall insert
the clause at 552.238–77, Definition
(Federal Supply Schedules), in
solicitations and contracts for—
VerDate Aug<31>2005
15:21 Sep 18, 2008
Jkt 214001
(1) Schedule 70;
(2) The Consolidated Schedule
containing information technology SINs;
and
(3) Schedule 84.
(b) The contracting officer shall insert
the clause at 552.238–78, Scope of
Contract (Eligible Ordering Activities),
in solicitations and contracts for—
(1) Schedule 70; and
(2) The Consolidated Schedule
containing information technology SINs;
and
(3) Schedule 84.
(c) The contracting officer shall insert
the clause at 552.238–79, Use of Federal
Supply Schedule Contracts by Certain
Entities—Cooperative Purchasing, in
solicitations and contracts for—
(1) Schedule 70;
(2) The Consolidated Schedule
containing information technology SINs;
and
(3) Schedule 84.
(d) See 552.101–70 for authorized
FAR deviations.
PART 546—QUALITY ASSURANCE
12. Amend section 546.710 by
revising paragraph (b) to read as follows:
■
546.710
Contract clauses.
*
*
*
*
*
(b) Multiple award schedules. Insert
the clause at 552.246–73, Warranty—
Multiple Award Schedule, in
solicitations and contracts. Use
Alternate I in solicitations and contracts
for—
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54339
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule
containing information technology
Special Item Numbers;
(3) Federal Supply Schedule 84; and
(4) Federal Supply Schedules for
recovery purchasing (see 538.7102).
*
*
*
*
*
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
13. Amend section 552.238–78 by
revising the date of the clause and
paragraph (d) to read as follows:
■
552.238–78 Scope of Contract (Eligible
Ordering Activities).
*
*
*
*
*
SCOPE OF CONTRACT (ELIGIBLE
ORDERING ACTIVITIES) (SEP 2008)
*
*
*
*
*
(d) The following activities may place
orders against Schedule 70 contracts, and
Consolidated Schedule contracts containing
information technology Special Item
Numbers, and Schedule 84 contracts, on an
optional basis; PROVIDED, the Contractor
accepts order(s) from such activities: State
and local government, includes any state,
local, regional or tribal government or any
instrumentality thereof (including any local
educational agency or institution of higher
learning).
*
*
*
*
(End of clause)
*
[FR Doc. E8–21927 Filed 9–18–08; 8:45 am]
BILLING CODE 6820–61–S
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]]>Agencies
[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Rules and Regulations]
[Pages 54334-54339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21927]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 511, 516, 532, 538, 546, and 552
[GSAR Amendment 2008-02; GSAR Case 2008-G517; (Change 23); Docket 2008-
0007; Sequence 01]
RIN 3090-AI68
General Services Administration Acquisition Regulation; GSAR Case
2008-G517; Cooperative Purchasing-Acquisition of Security and Law
Enforcement Related Goods and Services (Schedule 84) by State and Local
Governments Through Federal Supply Schedules
AGENCIES: General Services Administration (GSA), Office of the Chief
Acquisition Officer.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) to
implement Pub.L. 110-248, The Local Preparedness Acquisition Act. The
Act authorizes the Administrator of General Services to provide for the
use by State or local governments of Federal Supply Schedules of the
General Services Administration (GSA) for alarm and signal systems,
facility management systems, firefighting and rescue equipment, law
enforcement and security equipment, marine craft and related equipment,
special purpose clothing, and related services (as contained in Federal
supply classification code group 84 or any amended or subsequent
version of that Federal supply classification group).
DATES: Effective Date: September 19, 2008.
Applicability Date: This amendment applies to solicitations and
existing contracts for Schedule 84, as defined in GSAM 538.7001,
Definitions, Schedule 84. Further, this amendment applies to contracts
awarded after the effective date of this rule for Schedule 84. Existing
Schedule 84 contracts shall be modified by mutual agreement of both
parties.
Comment Date: Interested parties should submit written comments to
the Regulatory Secretariat on or before November 18, 2008 to be
considered in the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR case 2008-G517, by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``GSAR case
2008-G517'' under the heading ``Comment or Submission''. Select the
link ``Send a Comment or Submission'' that corresponds with GSAR case
2008-G517. Follow the instructions provided to complete the ``Public
Comment and Submission Form''. Please include your name, company name
(if any), and ``GSAR case 2008-G517'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR case 2008-
G517, in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. William Clark, Procurement
Analyst, at (202) 219-1813 for clarification of content. Please cite
GSAR case 2008-G517. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at (202) 501-
4755.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends GSAM Parts 511, 516, 532, 538, 546, and
552 to implement Pub.L. 110-248, The Local Preparedness Acquisition
Act. The public law amends the ``Cooperative Purchasing'' provisions of
the Federal Property and Administrative Services Act where the
Administrator of GSA provides States and localities access to certain
items offered through GSA's supply schedules. The Public Law amends 40
U.S.C. 502(c) that allows, to the extent authorized by the
Administrator, a State or local government to use Federal Supply
Schedules of the General Services Administration to purchase alarm and
signal systems, facility management systems, firefighting and rescue
equipment, law enforcement and security equipment, marine craft and
related equipment, special purpose clothing, and related services (as
contained in Federal supply classification code group 84 or any amended
or subsequent version of that Federal supply classification group).
The GSA Schedules Program is also known as the Federal Supply
Schedule (FSS) or Multiple Award Schedules (MAS) Program. Under the
FSS/MAS Program, Federal agencies are able to purchase goods and
services under contracts that are pre-negotiated by GSA. These
contracts cover more than 11 million commercial goods and services and
are listed in broad categories known as Schedules. Under current law,
State and local governments are authorized to purchase goods and
services off the GSA Schedules, in limited circumstances, under special
procurement authority. This interim rule allows for State and local
purchasing under GSA Schedule 84, which covers products and services
related to law enforcement and security. Schedule 84 includes items
such as fire alarm systems, door entry control devices, intrusion
detection sensors, bomb detection equipment, perimeter security and
video surveillance systems. Use of the GSA Schedules allows State and
local governments to reduce time and resources spent on negotiating and
awarding contracts for needed goods and services and gives them access
to the pre-negotiated prices on the Federal Supply Schedules. Access to
Schedule 84 will help State and local governments meet growing homeland
security and public safety needs.
Cooperative Purchasing was added to the GSAR in 2003, covering
automated data processing equipment (including firmware, software,
supplies, support equipment, and services) (Schedule 70). A proposed
rule was published in the Federal Register at 68 FR 3220, January 23,
2003; an interim rule was published in the Federal Register at 68 FR
24372, May 7, 2003; and a final rule was published in the Federal
Register at 69 FR 28063, May 18, 2004. The rule authorized State and
local governments to procure IT products and services from Schedule 70,
Information Technology and the Consolidated Schedule, contracts
containing the IT Special Item Numbers (SINs).
A related interim rule on Recovery Purchasing was published in the
Federal Register at 72 FR 4649, February 1, 2007. That interim rule
implemented Section 833 of P.L. 109-364, which authorized the
Administrator of General Services to provide to State and local
governments the use of Federal Supply Schedules of the GSA for purchase
of products and services to be used to facilitate recovery from a major
disaster, terrorism, or
[[Page 54335]]
nuclear, biological, chemical, or radiological attack. State and local
governments are authorized to use Federal Supply Schedules to procure
products and services determined by the Secretary of Homeland Security
to facilitate recovery from major disasters, terrorism, or nuclear,
biological, chemical, or radiological attack. This Recovery Purchasing
authority was limited to GSA and the Department of Veterans Affairs
(VA) Federal Supply Schedule contracts and does not include any other
GSA programs.
Additional information about Cooperative Purchasing and on Recovery
Purchasing is available in GSA's Schedules e-Library at https://
www.gsaelibrary.gsa.gov.
Schedule 84 Special Item Numbers
Alarm and Signal Systems, Facility Management Systems, Professional
Security/Facility Management Services and Protective Service
Occupations (Guard Services).
SIN 246 20 1 - Miscellaneous Alarm and Signal Systems. Process
Monitoring/Fault Reporting Devices or Systems.
SIN 246 20 2--Miscellaneous Alarm and Signal System Hazard
Indicating alarm Devices or Systems for the Detection of Toxic Gases,
Flammable Gases.
SIN 246 20 3 - Miscellaneous Alarm and Signal Systems. Audible/
Visual Warning/Signaling Devices.
SIN 246 20 4 - Miscellaneous Alarm and Signal Systems. Warning
System Devices (Patient/Detainees).
SIN 246 23 - Anti-Theft Material Alarm Control Systems for
Detection of Property.
SIN 246 25 - Fire Alarm Systems.
SIN 246 35 1 - Access Control Systems, Door entry control by card
access, magnetic proximity.
SIN 246 35 2 - Access Control Systems, Door entry control by touch
access, dial, digital, keyboard, keypad.
SIN 246 35 3 - Access Control Systems, Parking Access Control.
SIN 246 35 4 - Access Control Systems, Emergency exit door access/
alarm systems for security and/or fire safety.
SIN 246 35 5 - Access Control Systems - Vehicle Arrest/Security
Barrier/Barricade/Bollard Systems, Decorative Barrier Planters.
SIN 246 35 6 - Other Access Control Systems.
SIN 246 36 - Locking Devices.
SIN 246 40 - Intrusion Alarms and Signal Systems.
SIN 246 42 1 - Facility Management Systems (Including Accessories
and Repair Parts. Computerized Systems for Surveillance, Monitoring,
Controlling, Signaling and Reporting Multiple Functions. Security
Functions (i.e., access control, fire detection, intrusion, etc.).
SIN 246 42 2 - Facility Management Systems (Including Accessories
and Repair Parts. Computerized Systems for Surveillance, Monitoring,
Controlling, Signaling and Reporting Multiple Functions. Energy and
Facility Management Functions and Services, Building Automation Control
systems (including lighting, HVAC controls and sensors), Building
Comfort Systems (including heating, ventilation and air conditioning,
chillers).
SIN 246 42 3 - Facility Management Systems - including accessories
and repair parts. - Computerized systems for surveillance, monitoring,
controlling, signaling and reporting multiple functions. Systems
capable of both security functions and energy management functions.
SIN 246 43 - Perimeter Security/Detection Systems.
SIN 246 50 - Ancillary Services relating to Security/Facility
Management Systems.
SIN 246 51 - Installation of Security/Facility Management Systems
Requiring Construction.
SIN 246 52 - Professional Security/Facility Management Services.
SIN 246 53 - Facility Management and Energy Solutions.
SIN 246 54 - Protective Service Occupations.
SIN 246 60 1--Security Systems Integration and Design Services.
SIN 246 60 2--Security Management Support Services.
SIN 246 60 3--Security System Life Cycle Support.
SIN 246 60 4--Total Solution Support Products.
SIN 246 99 - Introduction of New Products/Services relating to
Alarm and Signal Systems/Facility
Firefighting and Rescue Equipment, Urban and Wildland.
SIN 465 8--Flood Control Equipment--Traditional and Alternative
Approaches.
SIN 465 9--Medical/Rescue Kits.
SIN 465 10 - Emergency Patient Transportation and Immobilization
Devices.
SIN 465 11 - Fire Extinguishing/Suppressing Products, Retardant,
Foams and Equipment.
SIN 465 17 - Firefighting Distress/Signal Devices and Heat Sensing
Devices.
SIN 465 19 - Firefighting and Rescue Tools, Equipment and
Accessories.
SIN 465 22 - Breathing Air Equipment, Inhalator Devices,
Respiratory Protection Products, Related Support Items and Solutions.
SIN 567 15 - Hoses, Valves, Fittings, Nozzles, Couplings and
Related Accessories.
SIN 567 4 - Helicopter Equipment and Products for Search and Rescue
and Firefighting Applications.
SIN 567 8 - Burning Equipment.
SIN 567 99 - Introduction of New Products and Services relating to
Firefighting and Rescue Equipment.
Law Enforcement and Security Equipment Supplies and Services.
SIN 426 1A - Miscellaneous Personal Equipment.
SIN 426 1B - Body Armor.
SIN 426 1C--Helmets.
SIN 426 1D - Restraining Equipment.
SIN 426 1G - Miscellaneous Non-Personal Law Enforcement Equipment.
SIN 426 2A - Canine Training and Handling Equipment, Canine Search
and Detection.
SIN 426 3A - Emergency Signal Systems.
SIN 426 3B - In-Vehicle Protection and Restraint Systems.
SIN 426 4C - Night Vision Equipment.
SIN 426 4D - Alcohol Detection Kits and Devices.
SIN 426 4E - Bomb Disposal and Hazardous Material Protective and
Detective Equipment.
SIN 426 4F - Emergency Preparedness and First Responder Equipment,
Training and Services.
SIN 426 4G - Firearms Storage, Securing and Cleaning Equipment;
Unloading Stations; Bullet Recovery Systems and Gun Racks.
SIN 426 4J - Target Systems/Target Range Accessories.
SIN 426 4K - Fingerprinting/Palmprinting (Taking and Detection) and
Evidential Casting Materials.
SIN 426 4L - Fingerprinting/Palmprinting (Taking and Detection) and
Evidential Casting Materials.
SIN 426 4M - Drug Testing Equipment and Kits.
SIN 426 4N - Criminal Investigative Equipment and Supplies.
SIN 426 4Q - Vehicle Monitor (Tracking) Systems.
SIN 426 4S - Surveillance Systems.
SIN 426 5A - Aircraft Armoring and Ancillary Services.
SIN 426 5B--Armored Vehicles, Vehicle Armoring Services, Wheeled
Vehicles.
SIN 426 6--Law Enforcement and Security Training.
SIN 426 7--Professional Law Enforcement Services.
SIN 426 99 - Introduction of New Services/Products related to Law
Enforcement and Security Equipment.
Marine Craft and Equipment.
SIN 260 01 - Boats, Powered.
SIN 260 03 - Boats, Nonpowered.
[[Page 54336]]
SIN 260 06 - Boats, Inflatable, Powered and Nonpowered.
SIN 260 09 - Inboard and Outboard Engines, Marine Diesel Propulsion
Engines (Ranging in Horsepower from 150-4,000).
SIN 260 10--Marine Craft Electronics.
SIN 260 11--Marine Craft Trailers and Trailer Accessories/Spare
Parts.
SIN 260 12 - Floating Marine Barriers and Booms, Floats, Perimeter
Floats, and Moorings.
SIN 260 13--Marine Craft Modifications, Marine Craft Repair and
Marine Craft Spare Parts.
SIN 260 14--Harbor/Waterfront Security Products and Services and
Professional Marine Security Services.
SIN 260 98 - Ancillary Services Relating to Marine Craft Systems.
SIN 260 99 - Introduction of New Products and Services Items
Directly Related to Marine Equipment.
Special Purpose Clothing.
SIN 633 1 - Gloves Industrial, Work and Cold Weather Gloves.
SIN 633 15 - Rainwear. Lightweight Rainwear.
SIN 633 16 - Footwear. Men's Over-the-Sock Boots (Work, Uniform,
Sport) and Women's Over-the-Sock Boots (Work, Uniform, Sport).
SIN 633 18 - Footwear. Men's or Women's Overshoes, Rubber.
SIN 633 19 - Footwear. Men's Safety Toe Shoes or Boots and Women's
Safety Toe Shoes or Boots.
SIN 633 21A - Shipboard/Aircraft Anti-Exposure Immersion Clothing
Not Otherwise Covered.
SIN 633 22 - Extreme Cold Weather Clothing. Coats, Jackets, Vests,
Hoods and Hats.
SIN 633 23 - Extreme Cold Weather Clothing. Overalls, Coveralls,
Pants, Insulated.
SIN 633 25 - Footwear. Boots, Insulated, Waterproof, Extreme Cold
Weather.
SIN 633 26 - Special Purpose Work clothes. Disposable Clothing.
SIN 633 27 - Special Purpose Work clothes. Coveralls, General
Purpose, Detainee Clothing.
SIN 633 30 - Structural Fire Fighting Clothing. Coat, Turnout,
Proximity; Trousers, Proximity; Helmets, Proximity.
SIN 633 30A - Structural Fire Fighting Clothing. Coat, Turnout,
Proximity; Trousers, Proximity; Helmets, Proximity.
SIN 633 32 - Structural Fire Fighting Clothing. Boots, Bunker and
Hip.
SIN 633 33 - Structural Fire Fighting Clothing. Gloves.
SIN 633 35 - Structural Fire Fighting Clothing. Protective Hoods.
SIN 633 37 - Structural Fire Fighting Clothing. Fire Fighter's
Station Wear.
SIN 633 38 - Wildland Fire Fighting Clothing - Personal Protection.
Shirts and Pants (BDU's) NFPA 1977 Compliant.
SIN 633 39 - Wildland Fire Fighting Clothing - Personal Protection.
Brush Shirts, Pants, Coats, Jackets, Jumpsuits - NFPA 1977 Compliant.
Shirts, Pants, coats, Jumpsuits, coveralls - Flame Resistant. Not NFPA
Compliant.
SIN 633 4 - Protective Worksuits, Waterproof, Chemical and
Electrical Safety. Jackets, Coats and Hoods.
SIN 633 40 - Flotation Devices. Personal Flotation Devices, Coast
Guard Approved Under 46 CFR 160.064; and Personal Flotation Devices Not
Coast Guard Approved.
SIN 633 43 - Wildland Fire Fighting Clothing - Personal Protection.
Helmets, Safety, Wildfire - NFPA 1977 Compliant.
SIN 633 45 - Wildland Fire Fighting Clothing - Personal Protection.
Helmets, Safety, Electrical Construction (Welder's).
SIN 633 47 - Security Wear, EMS Clothing and Related Products.
SIN 633 48 - High Visibility, Reflective Safety Products.
SIN 633 49 - Medical/Hospital Clothing.
SIN 633 50 - Industrial Work Shirts and Pants.
SIN 633 51--Concealment Clothing, Camouflage Clothing and BDUs.
SIN 633 52--Miscellaneous Footwear Accessories.
SIN 633 6 - Protective Worksuits, Waterproof, Chemical and
Electrical Safety.
SIN 633 6A - Emergency Response/Hazmat Clothing and Related
Products.
SIN 633 60--Miscellaneous Undergarments for use with Special
Purpose Clothing.
SIN 633 61--Special Purpose Clothing not elsewhere covered under
this Schedule.
SIN 633 70--Cool/Hot Products.
SIN 633 99 - Introduction of New Products/Services relating to
Special Purpose Clothing.
Cooperative Purchasing Data.
GSA seeks to continually improve the quality of its data on
cooperative purchasing activity under the FSS/MAS Program. Enhanced
information on the buying trends of non-federal purchases will help GSA
and other Federal agencies better understand how states and localities
are using the FSS/MAS Program to facilitate key objectives of
cooperative purchasing. One such objective is greater interoperability
between Federal, state, and local infrastructures to achieve improved
preparedness for emergencies. More detailed data will also allow GSA to
more effectively monitor the impact of cooperative purchasing,
including changes, if any, in: (i) small business participation; (ii)
access for federal customers; and (iii) GSA's ability to negotiate
favorable pricing and terms and conditions. Currently, GSA collects
sales data through both quarterly vendor reports based on the
Industrial Funding Fee report and GSA Advantage, GSA'S online
purchasing tool. GSA welcomes public comment on expanding the use and/
or functionality of GSA Advantage or another system or process that
allows additional collection of information at the transaction level to
provide additional insight regarding the impact of the Cooperative
Purchasing Program.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The changes may have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., because the interim rule will
affect large and small entities including small businesses that are
awarded Schedule 84 contracts, under the GSA Federal Supply Schedule
program; non-schedule contractors, including small businesses,
contracting with State or local governments; and small governmental
jurisdictions that will be eligible to place orders under Schedule 84
contracts. The analysis is as follows:
An Initial Regulatory Flexibility Analysis (IRFA) has been
prepared. The analysis is summarized as follows:
1. Description of the reasons why action by the agency is being
considered.
To implement Pub.L. 110-248, The Local Preparedness Acquisition
Act. The Act amends section 502 of Title 40, United States Code, to
authorize the Administrator of General Services to provide for the
use by State or local governments of Federal Supply Schedules of the
General Services Administration (GSA) for alarm and signal systems,
facility management systems, firefighting and rescue equipment, law
enforcement and security equipment, marine craft and related
equipment, special purpose clothing, and related services (as
contained in Federal supply classification code group 84 or any
amended or subsequent version of that Federal supply classification
group). The rule opens the Federal Supply Schedule 84 for use by
other governmental entities to enhance intergovernmental
cooperation.
2. Succinct statement of the objectives of, and legal basis for
the interim rule.
The interim rule will implement Pub.L. 110-248, The Local
Preparedness
[[Page 54337]]
Acquisition Act with the objective of opening the Federal Supply
Schedule 84 for use by other governmental entities to enhance
intergovernmental cooperation. The goal of the new rule is to make
``government'' (considering all levels) more efficient by reducing
duplication of effort and utilizing volume purchasing techniques for
the acquisition of law enforcement, security, and certain other
related items.
3. Description of, and where feasible, estimate of the number of
small entities to which the interim rule will apply.
The rule will affect large and small entities including small
businesses, that are awarded Schedule 84 contracts, under the GSA
Federal Supply Schedule program; non-schedule contractors, including
small businesses, contracting with State or local governments; and
small governmental jurisdictions that will be eligible to place
orders under Schedule 84. In Fiscal Year 2007, approximately 85
percent (1,061) of GSA Schedule 84 contractors were small
businesses, and approximately 54 percent ($1,206,816,656) of
Schedule 84 contract sales were reported as small business. All of
the small business Schedule 84 contractors will be allowed, at the
Schedule contractor's option, to accept orders from State and local
governments. Obviously, the expanded authority to order from
Schedule 84 could increase the sales of small business Schedule
contractors. As an example, the Schedule 70 Cooper- ative Purchasing
contract sales reported by small businesses between Fiscal Year 2004
and Fiscal Year 2007 increased from approximately $33.1 million to
$98.3 million. This represented an average of 42 percent of the
total Schedule 70 Cooperative Purchasing contract sales.
It is difficult to identify the number of non-schedule small
businesses that currently sell directly to State and local
governments. The ability of governmental entities to use Schedule 84
may affect the competitive marketplace in which those small
businesses operate. State and local government agencies could
realize lower prices on some products and services, less
administrative burden and shortened procurement lead times. The rule
does not affect or waive State or local government preference
programs. Finally, small governmental jurisdictions will also be
affected. Counties, incorporated municipalities, minor subdivisions,
public housing authorities, school districts, public educational
institutions of higher learning, and Indian tribal governments would
be among those affected if they chose to order from Schedule 84
contracts. Federal Supply Schedule contracts are negotiated as
volume purchase agreements, with generally very favorable pricing.
The ability of small governmental entities to order from Schedule 84
holds out the potential for significant cost savings for those
organizations.
4. Description of projected reporting, recordkeeping, and other
compliance requirements of the rule, including an estimate of the
classes of small entities that will be subject to the requirement
and the type of professional skills necessary for preparation of the
report or record.
The interim rule makes changes in certain provisions or clauses
in order to recognize the fact that authorized non-federal ordering
activities may place orders under the contract. The Office of
Management and Budget under the Paperwork Reduction Act has
previously approved these clauses and the changes do not impact the
information collection or recordkeeping requirements.
5. Identification, to the extent practicable, of all relevant
Federal rules that may duplicate, overlap or conflict with the rule.
The interim rule does not duplicate, overlap, or conflict with
any other Federal rules.
6. Description of any significant alternatives to the interim
rule that accomplish the stated objectives of applicable statutes
and that minimize any significant economic impact of the rule on
small entities.
There are no practical alternatives that will accomplish the
objective of this rule.
The Regulatory Secretariat has submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small Business Administration.
Interested parties may obtain a copy from the Regulatory Secretariat.
The Councils will consider comments from small entities concerning the
affected FAR Parts 511, 516, 532, 538, 546, and 552 in accordance with
5 U.S.C. 610. Interested parties must submit such comments separately
and should cite 5 U.S.C. 601, et seq. (GSAR case 2008-G517), in all
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; however, these changes to
the FAR do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Number 3090-
0250.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the
Administrator of General Services (GSA) that urgent and compelling
reasons exist to promulgate this interim rule without prior opportunity
for public comment. This action is necessary to implement Pub.L. 110-
248, The Local Preparedness Acquisition Act. The Act was signed and
became effective June 26, 2008. In addition, this interim rule will
provide immediate access to Schedule 84 items (e.g., firefighting and
rescue equipment, first responder gear and kits, law enforcement and
security equipment) that may be critical to meet the public safety and
homeland security needs of State and local governments during
hurricanes, fires and incidents related to homeland security. Further,
implementation of this interim rule is an incremental expansion of the
Cooperative Purchasing Program where the processes and procedures are
well established and have been the subject of prior rulemakings.
However, pursuant to Public Law 98-577 and FAR 1.501, the Councils will
consider public comments received in response to this interim rule in
the formation of the final rule.
List of Subjects in 48 CFR Parts 511, 516, 532, 538, 546, and 552.
Government procurement.
Dated: September 15, 2008.
David A. Drabkin,
Senior Procurement Executive, Office of the Chief Acquisition Officer,
General Services Administration.
0
Therefore, GSA amends 48 CFR parts 511, 516, 532, 538, 546, and 552 as
set forth below:
0
1. The authority citation for 48 CFR parts 511, 516, 532, 538, 546, and
552 continues to read as follows:
Authority: 40 U.S.C. 121(c).
PART 511--DESCRIBING AGENCY NEEDS
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2. Amend section 511.204 by revising paragraphs (c)(3) and (d) to read
as follows:
511.204 Solicitation provisions and contract clauses.
* * * * *
(c) * * *
(3) Include the clause at 552.211-75, Preservation, Packaging and
Packing, in solicitations and contracts for supplies expected to exceed
the simplified acquisition threshold. You may also include the clause
in contracts estimated to be at or below the simplified acquisition
threshold when appropriate. Use Alternate I in solicitations and
contracts for--
(i) Federal Supply Schedule 70;
(ii) The Consolidated Schedule containing information technology
Special Item Numbers;
(iii) Federal Supply Schedule 84; and
(iv) Federal Supply Schedules for recovery purchasing (see
538.7102).
* * * * *
(d) Supply contracts. Include the clause at 552.211-77, Packing
List, in solicitations and contracts for supplies, including purchases
over the micropurchase threshold. Use Alternate I in solicitations and
contracts for--
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule containing information technology
Special Item Numbers;
(3) Federal Supply Schedule 84; and
(4) Federal Supply Schedules for recovery purchasing (see
538.7102).
[[Page 54338]]
PART 516--TYPES OF CONTRACTS
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3. Amend section 516.506 by revising paragraph (c) to read as follows:
516.506 Solicitation provisions and contract clauses.
* * * * *
(c) Use 552.216-72, Placement of Orders, Alternate III, instead of
Alternate II in solicitations and contracts for--
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule containing information technology
Special Item Numbers; and
(3) Federal Supply Schedule 84.
* * * * *
PART 532--CONTRACT FINANCING
0
4. Amend section 532.206 by revising paragraphs (a) and (b) to read as
follows:
532.206 Solicitation provisions and contract clauses.
(a) Discounts for prompt payment. Include 552.232-8, Discounts for
Prompt Payments, in multiple award schedule solicitations and contracts
instead of the clause at Federal Acquisition Regulation 52.232-8. Use
Alternate I in solicitations and contracts for--
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule containing information technology
Special Item Numbers (SINs); or
(3) Federal Supply Schedule 84; and
(4) Federal Supply Schedules for recovery purchasing (see
538.7102).
(b) The contracting officer shall insert the clause at 552.232-81,
Payments by Non-Federal Ordering Activities, in solicitations and
schedule contracts for--
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule contracts containing information
technology SINs;
(3) FSS Schedule 84; and
(4) Federal Supply Schedules for recovery purchasing (see
538.7102).
* * * * *
0
5. Amend section 532.7003 by revising paragraphs (b) and (c) to read as
follows:
532.7003 Contract clause.
* * * * *
(b) Federal Supply Service contracts. Use Alternate I of the clause
at 552.232-77 for all Federal Supply Schedule solicitations and
contracts, except for--
(1) Federal Supply Schedule 70, Information Technology;
(2) The Consolidated Schedule contracts containing information
technology Special Item Numbers;
(3) Federal Supply Schedule 84; and
(4) Federal Supply Schedule contracts for recovery purchasing (see
538.7102).
(c) Use 552.232-79 instead of 552.232-77 in solicitations and
contracts for--
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule containing information technology
Special Item Numbers;
(3) Federal Supply Schedule 84; and
(4) Federal Supply Schedule contracts for recovery purchasing (see
538.7102).
PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING
0
6. Amend section 538.273 by revising paragraphs (a)(2) and (b)(2) to
read as follows:
538.273 Contract clauses.
(a) * * *
(2) 552.238-71, Submission and Distribution of Authorized FSS
Schedule Pricelists.
(i) Use Alternate I, in solicitations and contracts for--
(A) Federal Supply Schedule 70;
(B) The Consolidated Schedule contracts containing information
technology Special Item Numbers;
(C) Federal Supply Schedule 84; and
(D) Federal Supply Schedules for recovery purchasing (see
538.7102), use Alternate I.
(ii) If GSA is not prepared to accept electronic submissions for a
particular schedule delete--
(A) The paragraph identifier ``(i)'' in (b)(1) and the word ``and''
at the end of paragraph (b)(1)(i); and
(B) Paragraphs (b)(1)(ii) and (b)(3).
* * * * *
(b) * * *
(2) 552.238-75, Price Reductions. Use Alternate I in solicitations
and contracts for--
(i) Federal Supply Schedule 70;
(ii) The Consolidated Schedule containing information technology
Special Item Numbers;
(iii) Federal Supply Schedule 84; and
(iv) Federal Supply Schedules for recovery purchasing (see
538.7102).
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7. Revise section 538.7000 to read as follows:
538.7000 Scope of subpart.
This subpart prescribes policies and procedures that implement
statutory provisions authorizing non-federal organizations to use--
(a) Federal Supply Schedule 70;
(b) The Consolidated Schedule contracts containing information
technology Special Item Numbers (SINs); and
(c) Federal Supply Schedule 84.
0
8. Amend section 538.7001 by adding, in alphabetical order, the
definition ``Schedule 84'' to read as follows:
538.7001 Definitions.
* * * * *
Schedule 84 means the Federal Supply Schedule for alarm and signal
systems, facility management systems, firefighting and rescue
equipment, law enforcement and security equipment, marine craft and
related equipment, special purpose clothing, and related services (as
contained in Federal Supply Classification Code Group 84 or any amended
or subsequent version of that Federal supply classification group).
* * * * *
0
9. Amend section 538.7002 by redesignating paragraph (c) as paragraph
(d); by adding a new paragraph (c); and by revising the newly
designated paragraph (d) to read as follows:
538.7002 General.
* * * * *
(c) Pub.L. 110-248, The Local Preparedness Acquisition Act,
authorizes the Administrator of General Services to provide for the use
by state or local governments of Federal Supply Schedules of the
General Services Administration (GSA) for alarm and signal systems,
facility management systems, firefighting and rescue equipment, law
enforcement and security equipment, marine craft and related equipment,
special purpose clothing, and related services (as contained in
Schedule 84).
(d) State and local governments are authorized to procure from
Schedule 70 contracts, Consolidated Schedule contracts containing
information technology SINs, and Schedule 84 contracts. A listing of
the participating contractors and SINs for the products and services
that are available through Schedule 70 contracts, the Consolidated
Schedule contracts containing information technology SINs, and Schedule
84 contracts, is available in GSA's Schedules e-Library at www.gsa.gov/
elibrary. Click on Schedules e-Library, and under Cooperative
Purchasing, click on ``View authorized vendors.'' The contractors and
the products and services available for Cooperative Purchasing will be
labeled with the Cooperative Purchasing icon.
0
10. Amend section 538.7003 by revising the introductory paragraph to
read as follows:
538.7003 Policy.
Preparing solicitations when schedules are open to eligible non-
federal entities. When opening Schedule 70, the Consolidated Schedule
containing information technology SINs, and Schedule 84, for use by
eligible non-federal entities, the contracting
[[Page 54339]]
officer must make minor modifications to certain Federal Acquisition
Regulation and GSAM provisions and clauses in order to make clear
distinctions between the rights and responsibilities of the U.S.
Government in its management and regulatory capacity pursuant to which
it awards schedule contracts and fulfills associated Federal
requirements versus the rights and responsibilities of eligible
ordering activities placing orders to fulfill agency needs.
Accordingly, the contracting officer is authorized to modify the
following FAR provisions/clauses to delete ``Government'' or similar
language referring to the U.S. Government and substitute ``ordering
activity'' or similar language when preparing solicitations and
contracts to be awarded under Schedule 70, and the Consolidated
Schedule containing information technology SINs, and Schedule 84. When
such changes are made, the word ``(DEVIATION)'' shall be added at the
end of the title of the provision or clause. These clauses include but
are not limited to:
* * * * *
0
11. Revise section 538.7004 to read as follows:
538.7004 Solicitation provisions and contract clauses.
(a) The contracting officer shall insert the clause at 552.238-77,
Definition (Federal Supply Schedules), in solicitations and contracts
for--
(1) Schedule 70;
(2) The Consolidated Schedule containing information technology
SINs; and
(3) Schedule 84.
(b) The contracting officer shall insert the clause at 552.238-78,
Scope of Contract (Eligible Ordering Activities), in solicitations and
contracts for--
(1) Schedule 70; and
(2) The Consolidated Schedule containing information technology
SINs; and
(3) Schedule 84.
(c) The contracting officer shall insert the clause at 552.238-79,
Use of Federal Supply Schedule Contracts by Certain Entities--
Cooperative Purchasing, in solicitations and contracts for--
(1) Schedule 70;
(2) The Consolidated Schedule containing information technology
SINs; and
(3) Schedule 84.
(d) See 552.101-70 for authorized FAR deviations.
PART 546--QUALITY ASSURANCE
0
12. Amend section 546.710 by revising paragraph (b) to read as follows:
546.710 Contract clauses.
* * * * *
(b) Multiple award schedules. Insert the clause at 552.246-73,
Warranty--Multiple Award Schedule, in solicitations and contracts. Use
Alternate I in solicitations and contracts for--
(1) Federal Supply Schedule 70;
(2) The Consolidated Schedule containing information technology
Special Item Numbers;
(3) Federal Supply Schedule 84; and
(4) Federal Supply Schedules for recovery purchasing (see
538.7102).
* * * * *
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
13. Amend section 552.238-78 by revising the date of the clause and
paragraph (d) to read as follows:
552.238-78 Scope of Contract (Eligible Ordering Activities).
* * * * *
SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (SEP 2008)
* * * * *
(d) The following activities may place orders against Schedule
70 contracts, and Consolidated Schedule contracts containing
information technology Special Item Numbers, and Schedule 84
contracts, on an optional basis; PROVIDED, the Contractor accepts
order(s) from such activities: State and local government, includes
any state, local, regional or tribal government or any
instrumentality thereof (including any local educational agency or
institution of higher learning).
* * * * *
(End of clause)
[FR Doc. E8-21927 Filed 9-18-08; 8:45 am]
BILLING CODE 6820-61-S
