General Services Acquisition Regulation; GSAR Case 2007-G507; Describing Agency Needs, 59590-59595 [E8-23703]
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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules
in connection with the solicitation of
offers, and the award, performance, and
termination of contracts.
(b) As used in this subpart, the term
‘‘Contractor(s)’’ means prospective
contractors, subcontractors, vendors,
and suppliers.
3. Amend section 504.475 by revising
paragraph (a), paragraph (b)
introductory text, and paragraphs (b)(1)
thru (b)(5)(i) to read as follows:
504.475
Return of classified information.
(a) Contracting officers must recover
classified information, unless it has
been destroyed as provided in Section 7
of Chapter 5 of the National Industrial
Security Program Operating Manual
(NISPOM). The Government agency that
provided classified information to a
GSA contractor is responsible for the
return of the information.
(b) Contracting officers must ensure
that classified information provided by
the government is returned immediately
after any of the following events:
(1) Bid opening or closing date for
receipt of proposals by non-responding
offerors.
(2) Contract award by unsuccessful
offerors.
(3) Termination or completion of the
contract.
(4) Notification that authorization to
release classified information has been
withdrawn.
(5) After Notification that a facility—
(i) Does not have adequate means to
safeguard classified information; or
*
*
*
*
*
4. Remove Subpart 504.5.
[Redesignated as 504.605–70]
Subpart 504.11—Central Contractor
Registration
Procedures.
Subpart 504.11—Central Contractor
Registration
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504.1103
Sec.
504.1301
504.1303
504.1301
5. Redesignate section 504.602–71 as
504.605–70.
6. Add Subpart 504.11 to read as
follows:
Sec.
504.1103
Subpart 504.13—Personal Identity
Verification of Contractor Personnel
Policy.
Contract clause.
Policy.
Contracting officers must follow the
procedures contained in the GSA
HSPD–12 Personal Identify Verification
and Credentialing Standard Operating
Procedures, found at https://
insite.gsa.gov/hspd12implementation,
to ensure compliance with Homeland
Security Presidential Directive–12
(HSPD–12) ‘‘Policy for a Common
Identification Standard for Federal
Employees and Contractors,’’ Office of
Management and Budget Memorandum
M–05–24, and Department of Commerce
FIPS PUB 201.
Procedures.
In addition to the requirements found
in FAR 4.1103, prior to awarding a
contractual instrument the contracting
officer must—
(1) Verify that the prospective
contractor’s exact legal business name,
Doing-Business-As (DBA) name (if any),
physical street address, and Data
Universal Number System (DUNS)
number or DUNS+4 number, as found in
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504.1303
Contract clause.
Insert the clause at 552.204–9,
Personal Identity Verification
Requirements, in solicitations and
contracts when it is determined that
contractor employees will require
routine physical access to federally
controlled facilities or information
systems to perform contract
requirements.
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PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
8. Add section 552.204–9 to read as
follows:
552.204–9 Personal Identity Verification
Requirements.
As prescribed in 504.1303, insert the
following clause:
PERSONAL IDENTITY VERIFICATION
REQUIREMENTS (DATE)
The Contractor shall comply with
GSA personal identity verification
requirements, identified by the
Contracting Officer, if Contractor
employees require routine physical
access to GSA controlled facilities or
information systems to perform contract
requirements.
(End of clause)
[FR Doc. E8–22794 Filed 10–8–08; 8:45 am]
BILLING CODE 6820–61–S
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 511 and 552
[GSAR Case 2007–G507; Docket 2008–0007;
Sequence 21]
RIN 3090–AI74
General Services Acquisition
Regulation; GSAR Case 2007–G507;
Describing Agency Needs
Office of the Chief Acquisition
Officer, General Services
Administration (GSA).
ACTION: Proposed rule.
AGENCY:
Subpart 504.13—Personal Identity
Verification of Contractor Personnel
Subpart 504.5 [Removed]
504.602–71
the CCR, matches the information that
will be placed on the contract, order, or
agreement from the vendor’s quote or
proposal. Correct mismatches by having
the vendor amend the information in
the CCR or the quote or proposal. The
CCR information can be accessed
through GSA’s CCR repository. (Contact
the GSA Systems Programming Branch
for instructions, a user ID, and
password.)
(2) Ensure that the contractor’s
address code exists in Pegasys and that
it is CCR enabled with the contractor’s
DUNS or DUNS+4 number. This can be
done by searching Pegasys records using
the contractor’s Taxpayer Identification
Number (TIN). If no code exists, request
that a new address code be established
by the Finance Center for CCR
compliance.
(3) Ensure that the contractor’s
identifying information is correctly
placed on the contractual instrument,
using special care to ensure that the
legal name and ‘‘remit to’’ name match
exactly. (Note: Lockbox names or
numbers should not be used to replace
the contractor’s name in the remittance
block on the contractual instrument.)
7. Add Subpart 504.13 to read as
follows:
SUMMARY: The General Services
Administration (GSA) is proposing to
amend the General Services Acquisition
Regulation (GSAR) to revise language
regarding the requirements for
describing the agency needs.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before December 8,
2008 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by GSAR Case 2007–G507 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting ‘‘GSAR
Case 2007–G507’’ under the heading
‘‘Comment or Submission’’. Select the
link ‘‘Send a Comment or Submission’’
that corresponds with GSAR Case 2007–
G507. Follow the instructions provided
to complete the ‘‘Public Comment and
Submission Form’’. Please include your
name, company name (if any), and
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‘‘GSAR Case 2007–G507’’ on your
attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VPR), 1800 F Street, NW, Room 4041,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and cite GSAR Case 2007–G507 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: For
clarification of content, contact Ms.
Cecelia Davis at (202) 219–0202, or by
e-mail at cecelia.davis@gsa.gov. For
information pertaining to the status or
publication schedules, contact the
Regulatory Secretariat (VPR), Room
4041, GS Building, Washington, DC
20405, (202) 501–4755. Please cite
GSAR Case 2007–G507.
SUPPLEMENTARY INFORMATION:
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A. Background
The General Services Administration
(GSA) is amending the General Services
Administration Acquisition Regulation
(GSAR) to update the text addressing
GSAR Part 511, Describing Agency
Needs, Subpart 511.1, Selecting and
Developing Requirements Documents,
Subpart 511.2, Using and Maintaining
Requirements Documents, Subpart
511.4, Delivery or Performance
Schedules, Subpart 511.5, Liquidated
Damages, and Subpart 511.6, Priorities
and Allocations.
This rule is a result of the General
Services Administration Acquisition
Manual (GSAM) Rewrite initiative. The
initiative was undertaken by GSA to
revise the GSAM to maintain
consistency with the FAR and
implement streamlined and innovative
acquisition procedures that contractors,
offerors, and GSA contracting personnel
can utilize when entering into and
administering contractual relationships.
The GSAM incorporates the General
Services Administration Acquisition
Regulation (GSAR) as well as internal
agency acquisition policy.
GSA will rewrite each part of the
GSAR and GSAM, and as each GSAR
part is rewritten, will publish it in the
Federal Register.
This rule covers the rewrite of GSAR
Part 511. The rule revises GSAR Subpart
511.1, Selecting and Developing
Requirements Documents; to renumber
511.104–70, Solicitation provisions, to
511.107 and revise its content for
grammatical and structural clarity and
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consistency with FAR 52.211–6, GSAR
Subpart 511.2, Using and Maintaining
Requirements Documents; to revise
511.204, Solicitation provisions and
contract clauses; to delete paragraphs
(a), (b)(2), and (b)(4) and insert new
paragraphs (a),(b)(4) through (b)(13), and
change paragraph (d) to paragraph (c)
accordingly, and update the section and
insert prescriptions for the use of new
GSAR clauses in solicitations and
contracts that cite Federal
specifications, or in supply contracts
that exceed the simplified acquisition
threshold to include a format at
paragraph (b)(11), Subpart 511.4,
Delivery or Performance Schedules, to
revise 511.404, Contract clauses; to
delete paragraphs (a)(1), (2), and (5) and
renumber paragraphs (3), (4), and (6) as
paragraphs (1), (2) and (3) respectively,
and revise paragraph (b) to change the
title of the GSAR clause referenced in
the paragraph to ‘‘Phased Completion of
Work,’’ and revise the prescription for
the use of the clause for consistency
with FAR 52.211–10, to add a new
Subpart 511.5, Liquidated Damages, and
511.503, Contract Clause; to require
liquidated damages for phased
completion of construction for
consistency with FAR 52.211–12,
Subpart 511.6, Priorities and
Allocations, to revise 511.600, Scope of
Part; to delete obsolete text and update
the section to note its non-applicability
to non-rated orders; to delete 511.601,
Definitions, in its entirety because the
definitions are adequately addressed in
FAR 11.601; revise 511.602, General, to
update paragraphs (d) and (e); to remove
obsolete text and add new language to
make the paragraphs consistent with
GSA’s current operating structure; to
maintain section 511.603, Procedures,
as written without change; and to delete
511.604, Solicitation provision and
contract clause in its entirety as the
clause is obsolete and is no longer
required.
Discussion of Comments
One public comment was received in
response to the ‘‘Advanced Notice of
Proposed Rulemaking’’ at 71 FR 7910,
February 15, 2006, pertaining to this
GSAR Part 511. The commenter
suggested that GSA consider whether
the various delivery and packaging
requirements identified in the ‘‘Risk of
Loss’’ clause to be simplified to clearly
require delivery and packaging that
comports with the contractor’s standard
commercial practices. The agency
determined that this comment is outside
the scope of this Part, and has referred
it for consideration under GSAM Part
538.
This is not a significant regulatory
action and, therefore, was not subject to
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59591
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 General Services Administration
does not expect this proposed rule to
have a significant economic impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the revisions are not considered
substantive. The revisions only update
and reorganize existing coverage. An
Initial Regulatory Flexibility Analysis
has, therefore, not been performed. We
invite comments from small businesses
and other interested parties. GSA will
consider comments from small entities
concerning the affected GSAR Parts 511
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 2007–
G507), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the proposed changes
to the GSAM do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
List of Subjects in 48 CFR Parts 511 and
552
Government procurement.
Dated: September 26, 2008
Al Matera,
Director, Office of Acquisition Policy.
Therefore, GSA proposes to amend 48
CFR parts 511 and 552 as set forth
below:
1. The authority citation for 48 CFR
parts 511 and 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
PART 511—DESCRIBING AGENCY
NEEDS
511.104-70
[Removed]
2. Remove section 511.104-70.
3. Add section 511.107 to read as
follows:
511.107
Solicitation provisions.
In addition to FAR clause 52.211–6,
the contracting officer shall insert the
provision at 552.211–X2 in solicitations
when permitting brand name or equal
item description(s), with instructions for
the offeror to complete the information.
4. Amend section 511.204 by—
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a. Removing paragraph (a), and
redesignating paragraphs (b), (c), and (d)
as (a), (b), and (c) respectively;
b. Removing the newly redesignated
paragraphs (b)(2) and (b)(4), and
redesignating the newly redesignated
paragraph (b)(3) as (b)(2) and adding
new paragraphs (b)(3) through (b)(13);
and
c. Removing from the second sentence
of the newly redesignated paragraph
(b)(2) ‘‘You’’ and adding ‘‘The
Contracting Officer’’ in its place.
The added text reads as follows:
511.204 Solicitation provisions and
contract clauses.
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*
*
*
*
*
(b)* * *
(3) Insert a clause substantially the
same as the clause at 552.211–76,
Charges for Packaging, Packing and
Marking, in solicitations and contracts
for supplies to be delivered to GSA
distribution centers.
(4) Include the clause at 552.211–X8,
Non-Manufactured Wood Packaging
Material for Export, in solicitations and
contracts for supplies when deliveries
may be made to both civilian and
military activities overseas and the
contract amount is expected to exceed
the simplified acquisition threshold.
(5) Include the clause 552.211–X4,
Consistent Pack and Package
Requirements, in solicitations and
contracts for supplies when deliveries
may be made to both civilian and
military activities and the contract
amount is expected to exceed the
simplified acquisition threshold.
(6) Include the clause 552.211–X5,
Maximum Weight Per Shipping
Container, in solicitations and contracts
for supplies when deliveries may be
made to both civilian and military
activities and the contract amount is
expected to exceed the simplified
acquisition threshold.
(7) Include the clause 552.211–X6,
Export Packing, in solicitations and
contracts for supplies when deliveries
may be made to both civilian and
military activities and the contract
amount is expected to exceed the
simplified acquisition threshold.
(8) Include the clause 552.211–X7,
Vehicle Export Preparation, in
solicitations and contracts for supplies
when deliveries may be made to both
civilian and military activities and the
contract amount is expected to exceed
the simplified acquisition threshold.
(9) Include the clause 552.211–X9,
Small Parts, in solicitations and
contracts for supplies when deliveries
may be made to both civilian and
military activities and the contract
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amount is expected to exceed the
simplified acquisition threshold.
(10) Include the clause 552.211–X10,
Decals, Stickers, and Data Plates, in
solicitations and contracts for supplies
when deliveries may be made to both
civilian and military activities and the
contract amount is expected to exceed
the simplified acquisition threshold.
(11) Include the clause 552.211–X11,
Purchased Vehicle Format, in
solicitations and contracts for supplies
when deliveries may be made to both
civilian and military activities and the
contract amount is expected to exceed
the simplified acquisition threshold.
(12) Include the clause 552.211–X12,
Radio Frequency Identification (RFID)
Using Passive Tags, in solicitations and
contracts for supplies when deliveries
may be made to military activities and
the contract amount is expected to
exceed the simplified acquisition
threshold.
(13) Include the clause 552.211–X13,
Unique Item Identification (UID), in
solicitations and contracts for supplies
when deliveries may be made to
military activities and a single item
exceeds $5,000 in cost.
*
*
*
*
*
5. Revise section 511.404 to read as
follows:
511.404
Contract clauses.
(a) Supply contracts.—(1) Shelf-life
items. Use the following clauses in
solicitations and contracts that require
delivery of shelf-life items within a
specified number of months from the
date of manufacture or production:
(i) Insert 552.211–79, Acceptable Age
of Supplies, if the required shelf-life
period is 12 months or less, and lengthy
acceptance testing may be involved. For
items having a limited shelf-life,
substitute Alternate I when required by
the director of the portfolio concerned.
(ii) Insert 552.211–80, Age on
Delivery, if the required shelf-life period
is more than 12 months, or when source
inspection can be performed within a
short time period.
(2) Stock replenishment contracts.
Insert 552.211–81, Time of Shipment, in
solicitations and stock replenishment
contracts that do not include the
Availability for Inspection, Testing and
Shipment/Delivery clause at 552.211–83
and require shipment within 45
calendar days after receipt of the order.
If shipment is required in more than 45
days, use Alternate I.
(3) Indeterminate testing time. Insert
552.211–83, Availability for Inspection,
Testing and Shipment/Delivery, in
solicitations and contracts that provide
for source inspection by Government
personnel and that require lengthy
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testing for which time frames cannot be
determined in advance. If the contract is
for stock items, use Alternate I.
(b) Construction contracts. Insert the
clause at 552.211–84, Phased
Completion of Work, in solicitations
and contracts for construction when
different completion dates are
anticipated and FAR 52.211–10 is
applicable.
6. Add Subpart 511.5 to read as
follows:
Subpart 511.5—Liquidated Damages
511.503
Contract clauses.
Insert the clause at 552.211–X3,
Liquidated Damages for Phased
Completion—Construction, in
solicitations and contracts for
construction when supplementing FAR
52.211–12, Liquidated Damages—
Construction.
7. Revise section 511.600 to read as
follows:
511.600
Scope of subpart.
Pursuant to the Defense Priorities and
Allocations System (DPAS) Delegation
3, the Department of Commerce
delegated to the GSA Global Supply
(Southwest Supply Center) the authority
to use the DPAS system. This subpart
implements the DPAS within GSA. This
subpart does not apply to non-rated
orders placed by GSA on behalf of other
agencies, for emergency preparedness,
response, and recovery support.
511.601
[Removed and reserved]
8. Remove and reserve section
511.601.
9. Amend section 511.602 by revising
paragraphs (d) and (e) to read as follows:
511.602
General.
*
*
*
*
*
(d) Only the GSA Global Supply
(Southwest Supply Center) may place
an order containing a DPAS priority
rating.
(e) The Commissioner, FAS, shall
issue additional guidance, as may be
necessary, to ensure effective
implementation of its delegated DPAS
authority.
*
*
*
*
*
511.604
[Removed and reserved]
10. Remove and reserve section
511.604.
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
552.211–8
[Removed and reserved]
11. Remove and reserve section
552.211–8.
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552.211–X1
12. Add sections 552.211-X1,
552.211–X2, and 552.211–X3, after
section 552.211–8 to read as follows:
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TIME OF DELIVERY (DATE)
Time of Delivery.
As prescribed at 511.404(a), insert the
following clause:
The Contractor will ship contract item(s) to the Federal Supply Acquisition Service (FAS) stocking points identified in the delivery order at
its discretion in order to maintain the required stock levels within the minimum and maximum requirements provided in the weekly status report.
Delivery is required to be made at destination within *llllll* calendar days after receipt of order for deliveries to a GSA facility.
Orders under this contract may require direct delivery to other agencies. Orders for direct delivery must be shipped and delivered within
the time specified in blocks below.
Shipment must be made with *llllll* days after receipt of order.
In addition to block above the Contractor must also ensure that delivery will be made within *llllll* days after receipt of order.
Note: A ‘‘X’’ mark in the left hand block shall be considered a mandatory requirement to be fulfilled by the contractor.
552.211–X2
Brand Name or Equal.
As prescribed at 511.107, insert the
following provision:
BRAND NAME OR EQUAL (DATE)
The offeror shall include the
following information for any brand
name or equal item it is offering as
required by Federal Acquisition
Regulation 52.211–6:
MANUFACTURER’S NAME lllll
BRAND lllll
MODEL OR PART NO. lllll
552.211–X3 Liquidated Damages for
Phased Completion—Construction
As prescribed in 511.503, insert the
following clause:
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LIQUIDATED DAMAGES FOR PHASED
COMPLETION—CONSTRUCTION (DATE)
(a) Where the contract specifies
different completion dates for different
phases or portions of the work, the
Contractor shall be liable for liquidated
damages at the specified rate for each
calendar day following the completion
date that the phase or portion of work
is not completed. If a single rate is
specified, the specified rate shall be
apportioned between the different
phases or portions of the work.
(b) If the Government elects to accept
any portion of the work not specifically
designated as a phase or portion of work
with its own completion date, the
liquidated damage rate shall be
apportioned between accepted work and
uncompleted work, and the Contractor’s
liability for liquidated damages shall be
computed accordingly. The Contractor
may receive a rated order under this
contract from a Delegate Agency. The
Contractor must give preferential
treatment to rated orders as required by
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the Defense Priorities and Allocations
System (DPAS) regulation (15 CFR part
700). The existence of previously
accepted unrated or lower rated orders
is not sufficient reason to reject a rated
order. Rated orders take preference over
all unrated orders as necessary to meet
required delivery dates. There are two
levels of ratings designated by the
symbol of either ‘‘DO’’ or ‘‘DX.’’ All
‘‘DO’’ rated orders have equal priority
with each other and take preference
over unrated orders. All ‘‘DX’’ rated
orders have equal priority with each
other and take preference over ‘‘DO’’
rated orders and unrated orders. The
rating designation is followed by a
program identification symbol. Program
identification symbols indicate which
approved program is supported by the
rated order (see Schedule 1 of 15 CFR
part 700 for a list of Delegate Agencies,
approved programs, and program
identification symbols).
552.211–15
[Removed and reserved]
13. Remove and reserve section
552.211–15.
552.211–71
[Removed and reserved]
14. Remove and reserve section
552.211–71.
552.211–74
[Removed and reserved]
15. Remove and reserve section
552.211–74.
16. Revise section 552.211–76 to read
as follows:
552.211–76 Charges for Packaging,
Packing and Marking.
As prescribed in 511.204(c)(4), insert
a clause substantially as follows:
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CHARGES FOR PACKAGING,
PACKING AND MARKING (DATE)
If supplies shipped to a GSA
wholesale distribution center are not
packaged, packed and marked in
accordance with contract requirements,
the Government has the right, without
prior notice to the Contractor, to
perform the required repackaging/
repacking/ remarking, by contract or
otherwise, and charge the Contractor
therefore at the rate of $ll *ll per
man-hour or fraction thereof. The
Contractor will also be charged for
material costs, if incurred. This right is
not exclusive, and is in addition to other
rights or remedies provided for in this
contract.
(End of clause)
* The rate to be inserted in the above
clause shall be determined by the
Commissioner, Federal Supply Service, or a
designee.
552.211–78
[Removed and reserved]
17. Remove and reserve section
552.211–78.
552.211–82
[Removed and reserved]
18. Remove and reserve section
552.211–82.
19. Amend section 552.211–84 by
revising the section heading; and
revising the date of the clause to read as
follows:
552.211–84
Phased Completion of Work.
*
*
*
*
*
PHASED COMPLETION OF WORK
(DATE)
*
*
*
*
*
20. Add sections 552.211–X4 through
552.211–X13 to read as follows:
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552.211–X4 (D-FSS–457) Consistent Pack
and Package Requirements.
As prescribed in 511.204, insert the
following clause:
CONSISTENT PACK AND PACKAGE
REQUIREMENTS (DATE)
The Contractor is advised that the
Government will, where possible, order
in full shipping containers and/or
unitized loads. If volume warrants, the
Government may also order in truckload
or carload quantities provided such
quantities do not exceed the maximum
order limitation of this contract.
When the number of items per unit
container, intermediate container and/or
shipping container is not specified for
an item, the offeror will state, in the
spaces provided in the schedule of
items, the number of items to be
provided in each container. The
quantities which are accepted at the
time of award shall remain in effect
throughout the term of the contract
unless the Contracting Officer approves
in writing a request by the Contractor to
change the package quantities. Requests
for changes shall be directed to the
Contracting Officer or Administrative
Contracting Officer, whichever is
applicable.
552.211–X5 (D-FSS–462) Maximum Weight
Per Shipping Container.
As prescribed in 511.204, insert the
following clause:
MAXIMUM WEIGHT PER SHIPPING
CONTAINER (DATE)
In no instance shall the weight of a
shipping container and its contents
exceed 23 kilograms (51 pounds), except
when caused by—
(1) The weight of a single item within
the shipping container;
(2) A prescribed quantity per pack for
an item per shipping container; or
(3) A definite weight limitation set
forth in the purchase description.
(End of clause)
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552.211–X6
(D-FSS–465) Export Packing.
As prescribed in 511.204, insert the
following clause:
EXPORT PACKING (DATE)
(a) Offerors are requested to quote, in
the pricelist accompanying their offer
(or by separate attachment), additional
charges or net prices covering delivery
of the items furnished with commercial
or military export packing. Military
export packing, if offered, shall be in
accordance with Mil-Std–2073–1 Level
A or B as specified. If commercial
export packing is offered, the offer or
pricelist shall include detailed
specifications describing the packing to
be furnished at the price quoted.
(b) Ordering activities will not be
obligated to utilize the Contractor’s
VerDate Aug<31>2005
16:07 Oct 08, 2008
Jkt 217001
services for export packing accepted
under this solicitation, and they may
obtain such services elsewhere if
desired. However, the Contractor shall
furnish items export packed when such
packing is specified on the purchase
order.
(End of clause)
552.211–X7 (D-FSS–466) Export
Preparation.
As prescribed in 511.204, insert the
following clause:
EXPORT PREPARATION (DATE)
Vehicles shall be prepared for export
on wheels, unboxed, unless otherwise
specified in the Schedule of Items. All
parts and equipment easily removable
(subject to pilferage) shall be enclosed
in a box substantially secured to the
vehicle (inside body if feasible) in such
a manner as to minimize the possibility
of loss or damage while in transit to
ultimate destination.
(End of clause)
552.211–X8 (D-FAS–468) NonManufactured Wood Packaging Material for
Export.
As prescribed in 511.204, insert the
following clause:
NON-MANUFACTURED WOOD
PACKAGING MATERIAL FOR EXPORT
(DATE)
(a) Definitions.
Packaged material, and solid wood
packing material (SWPM), for purposes
of this clause, is defined as each
separate and distinct material that by
itself or in combination with other
materials forms the container providing
a means of protecting and handling a
product. This includes, but is not
limited to, pallets, dunnage, crating,
packing blocks, drums, load boards,
pallet collars, and skids.
Non-manufactured wood, is also
called solid wood and defined as wood
packing other than that comprised
wholly of wood-based products such as
plywood, particle board, oriented strand
board, veneer, wood wool, and similar
materials, which has been created using
glue, heat and pressure or a combination
thereof.
IPPC Country: Countries of the
European Union (EU) or any other
country endorsing the International
Plant Protection Convention (IPPC)
‘‘Guidelines for Regulating Wood
Packaging Material in International
Trade,’’ approved March 15, 2002. A
listing of countries participating in the
IPPC is found at https://
www.aphis.usda.gov/importlexport/
plants/plantlexports/wpm/country/
index.shtml.
(b) Non-manufactured wood pallets
and other non-manufactured wood
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
packaging material used to pack items
for delivery to or through IPPC countries
must be marked and properly treated in
accordance with IPPC guidelines.
(c) This requirement applies whether
the shipment is direct to the end user or
through a Government designated
consolidation point. Packaging that does
not conform to IPPC guidelines will be
refused entry, destroyed or treated prior
to entry.
(d) For Department of Defense
distribution facilities or freight
consolidation points, all nonmanufactured wood pallets or packaging
material with a probability of entering
countries endorsing the IPPC Guidelines
must be treated and marked in
accordance with DLAD 47.305–1
(available at https://www.dla.mil/j–3/j–
3311/DLAD/rev5.htm), and MIL-STD–
2073–1, Standard Practice for Military
Packaging (and any future revision).
(e) Pallets and packing material
shipped to FAS distribution facilities
designated for possible delivery to the
countries endorsing the IPPC Guidelines
will comply with DLAD 47.305–1, and
MIL-STD–2073–1.
(f) Delays in delivery caused by noncomplying pallets or wood package
material will not be considered as
beyond the control of the Contractor.
Any applicable Government expense
incurred as a result of the Contractor’s
failure to provide appropriate pallets or
package material shall be reimbursed by
the Contractor. Expenses may include
the applicable cost for repackaging,
handling and return shipping, or the
destruction of solid wood packaging
material.
(End of clause)
552.211–X9
(D-FSS–469) Small Parts.
As prescribed in 511.204, insert the
following clause:
SMALL PARTS (DATE)
All small parts required must be
furnished in connection with machines
covered by contracts resulting from this
solicitation shall be packed in
envelopes, sealed, identified with part
numbers and quantity on outside of
envelopes: larger parts must be
individually tagged and identified with
part number on face of tag.
(End of clause)
552.211–X10 (D-FSS–478) Decals,
Stickers, and Data Plates.
As prescribed in 511.204, insert the
following clause:
DECALS, STICKERS, AND DATA
PLATES (DATE)
Unless otherwise specified, caution
plates/decals shall be conspicuously
installed for all equipment requiring
such notices. Vehicles for civil agencies
E:\FR\FM\09OCP1.SGM
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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules
shall be provided with the
manufacturer’s current warranty legend
imprinted on decalcomania, and
applied in a visible area of the engine
compartment. In addition, a decal or
sticker shall provide at least the
following information: contract number;
purchase order number; date of
delivery, month and year; and the
warranty time, in month and miles.
NOTE TO OFFEROR: Data shown in the
solicitation schedule of items may be utilized
to satisfy the requirements for the following
to be shown on GSA Form 1398:
(1) Receiving Agency—Examples are: State,
USIA, Forest Service, GSA.
(2) Purchase Order Number—Use the fivedigit ‘‘case’’ or ‘‘file’’ number.
552.211–X11
Vehicle.
As prescribed in 511.204, insert the
following clause:
RADIO FREQUENCY
IDENTIFICATION (RFID) USING
PASSIVE TAGS (DATE)
Radio Frequency Identification shall
be required on all non-bulk shipments
to the Defense Logistics Agency (DLA)
or Department of Defense (DoD)
destinations. Shipments shall be tagged
in accordance with 48 CFR clause
252.211–006. Shipments to GSA
Distribution Centers with final
destinations to DLA and DoD shall be in
compliance to 48 CFR 252.211–7006.
Copies may be obtained from https://
(D-FSS–479) Purchase
jlentini on PROD1PC65 with PROPOSALS
As prescribed in 511.204, insert the
following clause:
PURCHASE VEHICLE (DATE)
The Contractor shall affix one copy of
GSA Form 1398, GSA Purchased
Vehicle, fully completed, to the right or
left front door lock face or door post
after final inspection is made. All marks
on windows and other labels (except
labels cautioning against drained
transmission, crankcase, and rear axle)
shall be removed. Copies of GSA Form
1398 are available from the Contracting
Officer.
VerDate Aug<31>2005
16:07 Oct 08, 2008
Jkt 217001
(End of clause)
552.211–X12 Radio Frequency
Identification (RFID) Using Passive Tags.
PO 00000
Frm 00056
Fmt 4702
Sfmt 4702
59595
www.access.gpo.gov/nara/cfr/cfr-tablesearch.html.
(End of clause)
552.211-X13
(UID).
Unique Item Identification
As prescribed in 511.204, insert the
following clause:
UNIQUE ITEM IDENTIFICATION
(UID) (DATE)
Unique Item Identification shall be
required on tangible personal property
in accordance with DFARS 211.274–4 as
requested by the Defense Logistics
Agency (DLA) or Department of Defense
(DOD). Item Property that falls within
this criterion shall be valuated and
identified in accordance with DFARS
252.211–7003. Details shall be found in
DFARS 252.211–7007. Copies can be
obtained from https://
www.access.gpo.gov (48 CFR Chapter 2).
(End of clause)
[FR Doc. E8–23703 Filed 10–8–08; 8:45 am]
BILLING CODE 6820–61–S
E:\FR\FM\09OCP1.SGM
09OCP1
]]>Agencies
[Federal Register Volume 73, Number 197 (Thursday, October 9, 2008)]
[Proposed Rules]
[Pages 59590-59595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23703]
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 511 and 552
[GSAR Case 2007-G507; Docket 2008-0007; Sequence 21]
RIN 3090-AI74
General Services Acquisition Regulation; GSAR Case 2007-G507;
Describing Agency Needs
AGENCY: Office of the Chief Acquisition Officer, General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is proposing to
amend the General Services Acquisition Regulation (GSAR) to revise
language regarding the requirements for describing the agency needs.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before December 8, 2008 to be considered
in the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR Case 2007-G507 by any of
the following methods:
Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``GSAR Case 2007-G507'' under the heading ``Comment or Submission''.
Select the link ``Send a Comment or Submission'' that corresponds with
GSAR Case 2007-G507. Follow the instructions provided to complete the
``Public Comment and Submission Form''. Please include your name,
company name (if any), and
[[Page 59591]]
``GSAR Case 2007-G507'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW, Room 4041, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR Case 2007-
G507 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: For clarification of content, contact
Ms. Cecelia Davis at (202) 219-0202, or by e-mail at
cecelia.davis@gsa.gov. For information pertaining to the status or
publication schedules, contact the Regulatory Secretariat (VPR), Room
4041, GS Building, Washington, DC 20405, (202) 501-4755. Please cite
GSAR Case 2007-G507.
SUPPLEMENTARY INFORMATION:
A. Background
The General Services Administration (GSA) is amending the General
Services Administration Acquisition Regulation (GSAR) to update the
text addressing GSAR Part 511, Describing Agency Needs, Subpart 511.1,
Selecting and Developing Requirements Documents, Subpart 511.2, Using
and Maintaining Requirements Documents, Subpart 511.4, Delivery or
Performance Schedules, Subpart 511.5, Liquidated Damages, and Subpart
511.6, Priorities and Allocations.
This rule is a result of the General Services Administration
Acquisition Manual (GSAM) Rewrite initiative. The initiative was
undertaken by GSA to revise the GSAM to maintain consistency with the
FAR and implement streamlined and innovative acquisition procedures
that contractors, offerors, and GSA contracting personnel can utilize
when entering into and administering contractual relationships. The
GSAM incorporates the General Services Administration Acquisition
Regulation (GSAR) as well as internal agency acquisition policy.
GSA will rewrite each part of the GSAR and GSAM, and as each GSAR
part is rewritten, will publish it in the Federal Register.
This rule covers the rewrite of GSAR Part 511. The rule revises
GSAR Subpart 511.1, Selecting and Developing Requirements Documents; to
renumber 511.104-70, Solicitation provisions, to 511.107 and revise its
content for grammatical and structural clarity and consistency with FAR
52.211-6, GSAR Subpart 511.2, Using and Maintaining Requirements
Documents; to revise 511.204, Solicitation provisions and contract
clauses; to delete paragraphs (a), (b)(2), and (b)(4) and insert new
paragraphs (a),(b)(4) through (b)(13), and change paragraph (d) to
paragraph (c) accordingly, and update the section and insert
prescriptions for the use of new GSAR clauses in solicitations and
contracts that cite Federal specifications, or in supply contracts that
exceed the simplified acquisition threshold to include a format at
paragraph (b)(11), Subpart 511.4, Delivery or Performance Schedules, to
revise 511.404, Contract clauses; to delete paragraphs (a)(1), (2), and
(5) and renumber paragraphs (3), (4), and (6) as paragraphs (1), (2)
and (3) respectively, and revise paragraph (b) to change the title of
the GSAR clause referenced in the paragraph to ``Phased Completion of
Work,'' and revise the prescription for the use of the clause for
consistency with FAR 52.211-10, to add a new Subpart 511.5, Liquidated
Damages, and 511.503, Contract Clause; to require liquidated damages
for phased completion of construction for consistency with FAR 52.211-
12, Subpart 511.6, Priorities and Allocations, to revise 511.600, Scope
of Part; to delete obsolete text and update the section to note its
non-applicability to non-rated orders; to delete 511.601, Definitions,
in its entirety because the definitions are adequately addressed in FAR
11.601; revise 511.602, General, to update paragraphs (d) and (e); to
remove obsolete text and add new language to make the paragraphs
consistent with GSA's current operating structure; to maintain section
511.603, Procedures, as written without change; and to delete 511.604,
Solicitation provision and contract clause in its entirety as the
clause is obsolete and is no longer required.
Discussion of Comments
One public comment was received in response to the ``Advanced
Notice of Proposed Rulemaking'' at 71 FR 7910, February 15, 2006,
pertaining to this GSAR Part 511. The commenter suggested that GSA
consider whether the various delivery and packaging requirements
identified in the ``Risk of Loss'' clause to be simplified to clearly
require delivery and packaging that comports with the contractor's
standard commercial practices. The agency determined that this comment
is outside the scope of this Part, and has referred it for
consideration under GSAM Part 538.
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 General Services Administration does not expect this proposed
rule to have a significant economic impact on a substantial number of
small entities within the meaning of the Regulatory Flexibility Act, 5
U.S.C. 601, et seq., because the revisions are not considered
substantive. The revisions only update and reorganize existing
coverage. An Initial Regulatory Flexibility Analysis has, therefore,
not been performed. We invite comments from small businesses and other
interested parties. GSA will consider comments from small entities
concerning the affected GSAR Parts 511 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 2007-G507), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the GSAM do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 511 and 552
Government procurement.
Dated: September 26, 2008
Al Matera,
Director, Office of Acquisition Policy.
Therefore, GSA proposes to amend 48 CFR parts 511 and 552 as set
forth below:
1. The authority citation for 48 CFR parts 511 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 511--DESCRIBING AGENCY NEEDS
511.104-70 [Removed]
2. Remove section 511.104-70.
3. Add section 511.107 to read as follows:
511.107 Solicitation provisions.
In addition to FAR clause 52.211-6, the contracting officer shall
insert the provision at 552.211-X2 in solicitations when permitting
brand name or equal item description(s), with instructions for the
offeror to complete the information.
4. Amend section 511.204 by--
[[Page 59592]]
a. Removing paragraph (a), and redesignating paragraphs (b), (c),
and (d) as (a), (b), and (c) respectively;
b. Removing the newly redesignated paragraphs (b)(2) and (b)(4),
and redesignating the newly redesignated paragraph (b)(3) as (b)(2) and
adding new paragraphs (b)(3) through (b)(13); and
c. Removing from the second sentence of the newly redesignated
paragraph (b)(2) ``You'' and adding ``The Contracting Officer'' in its
place.
The added text reads as follows:
511.204 Solicitation provisions and contract clauses.
* * * * *
(b)* * *
(3) Insert a clause substantially the same as the clause at
552.211-76, Charges for Packaging, Packing and Marking, in
solicitations and contracts for supplies to be delivered to GSA
distribution centers.
(4) Include the clause at 552.211-X8, Non-Manufactured Wood
Packaging Material for Export, in solicitations and contracts for
supplies when deliveries may be made to both civilian and military
activities overseas and the contract amount is expected to exceed the
simplified acquisition threshold.
(5) Include the clause 552.211-X4, Consistent Pack and Package
Requirements, in solicitations and contracts for supplies when
deliveries may be made to both civilian and military activities and the
contract amount is expected to exceed the simplified acquisition
threshold.
(6) Include the clause 552.211-X5, Maximum Weight Per Shipping
Container, in solicitations and contracts for supplies when deliveries
may be made to both civilian and military activities and the contract
amount is expected to exceed the simplified acquisition threshold.
(7) Include the clause 552.211-X6, Export Packing, in solicitations
and contracts for supplies when deliveries may be made to both civilian
and military activities and the contract amount is expected to exceed
the simplified acquisition threshold.
(8) Include the clause 552.211-X7, Vehicle Export Preparation, in
solicitations and contracts for supplies when deliveries may be made to
both civilian and military activities and the contract amount is
expected to exceed the simplified acquisition threshold.
(9) Include the clause 552.211-X9, Small Parts, in solicitations
and contracts for supplies when deliveries may be made to both civilian
and military activities and the contract amount is expected to exceed
the simplified acquisition threshold.
(10) Include the clause 552.211-X10, Decals, Stickers, and Data
Plates, in solicitations and contracts for supplies when deliveries may
be made to both civilian and military activities and the contract
amount is expected to exceed the simplified acquisition threshold.
(11) Include the clause 552.211-X11, Purchased Vehicle Format, in
solicitations and contracts for supplies when deliveries may be made to
both civilian and military activities and the contract amount is
expected to exceed the simplified acquisition threshold.
(12) Include the clause 552.211-X12, Radio Frequency Identification
(RFID) Using Passive Tags, in solicitations and contracts for supplies
when deliveries may be made to military activities and the contract
amount is expected to exceed the simplified acquisition threshold.
(13) Include the clause 552.211-X13, Unique Item Identification
(UID), in solicitations and contracts for supplies when deliveries may
be made to military activities and a single item exceeds $5,000 in
cost.
* * * * *
5. Revise section 511.404 to read as follows:
511.404 Contract clauses.
(a) Supply contracts.--(1) Shelf-life items. Use the following
clauses in solicitations and contracts that require delivery of shelf-
life items within a specified number of months from the date of
manufacture or production:
(i) Insert 552.211-79, Acceptable Age of Supplies, if the required
shelf-life period is 12 months or less, and lengthy acceptance testing
may be involved. For items having a limited shelf-life, substitute
Alternate I when required by the director of the portfolio concerned.
(ii) Insert 552.211-80, Age on Delivery, if the required shelf-life
period is more than 12 months, or when source inspection can be
performed within a short time period.
(2) Stock replenishment contracts. Insert 552.211-81, Time of
Shipment, in solicitations and stock replenishment contracts that do
not include the Availability for Inspection, Testing and Shipment/
Delivery clause at 552.211-83 and require shipment within 45 calendar
days after receipt of the order. If shipment is required in more than
45 days, use Alternate I.
(3) Indeterminate testing time. Insert 552.211-83, Availability for
Inspection, Testing and Shipment/Delivery, in solicitations and
contracts that provide for source inspection by Government personnel
and that require lengthy testing for which time frames cannot be
determined in advance. If the contract is for stock items, use
Alternate I.
(b) Construction contracts. Insert the clause at 552.211-84, Phased
Completion of Work, in solicitations and contracts for construction
when different completion dates are anticipated and FAR 52.211-10 is
applicable.
6. Add Subpart 511.5 to read as follows:
Subpart 511.5--Liquidated Damages
511.503 Contract clauses.
Insert the clause at 552.211-X3, Liquidated Damages for Phased
Completion--Construction, in solicitations and contracts for
construction when supplementing FAR 52.211-12, Liquidated Damages--
Construction.
7. Revise section 511.600 to read as follows:
511.600 Scope of subpart.
Pursuant to the Defense Priorities and Allocations System (DPAS)
Delegation 3, the Department of Commerce delegated to the GSA Global
Supply (Southwest Supply Center) the authority to use the DPAS system.
This subpart implements the DPAS within GSA. This subpart does not
apply to non-rated orders placed by GSA on behalf of other agencies,
for emergency preparedness, response, and recovery support.
511.601 [Removed and reserved]
8. Remove and reserve section 511.601.
9. Amend section 511.602 by revising paragraphs (d) and (e) to read
as follows:
511.602 General.
* * * * *
(d) Only the GSA Global Supply (Southwest Supply Center) may place
an order containing a DPAS priority rating.
(e) The Commissioner, FAS, shall issue additional guidance, as may
be necessary, to ensure effective implementation of its delegated DPAS
authority.
* * * * *
511.604 [Removed and reserved]
10. Remove and reserve section 511.604.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
552.211-8 [Removed and reserved]
11. Remove and reserve section 552.211-8.
[[Page 59593]]
12. Add sections 552.211-X1, 552.211-X2, and 552.211-X3, after
section 552.211-8 to read as follows:
552.211-X1 Time of Delivery.
As prescribed at 511.404(a), insert the following clause:
TIME OF DELIVERY (DATE)
----------------------------------------------------------------------------------------------------------------
The Contractor will ship contract item(s) to the Federal Supply Acquisition Service
(FAS) stocking points identified in the delivery order at its discretion in order to
maintain the required stock levels within the minimum and maximum requirements
provided in the weekly status report.
----------------------------------------------------------------------------------------------------------------
Delivery is required to be made at destination within *------------* calendar days
after receipt of order for deliveries to a GSA facility.
----------------------------------------------------------------------------------------------------------------
Orders under this contract may require direct delivery to other agencies. Orders for
direct delivery must be shipped and delivered within the time specified in blocks
below.
----------------------------------------------------------------------------------------------------------------
Shipment must be made with *------------* days after receipt of order.
----------------------------------------------------------------------------------------------------------------
In addition to block above the Contractor must also ensure that delivery will be made
within *------------* days after receipt of order.
----------------------------------------------------------------------------------------------------------------
Note: A ``X'' mark in the left hand block shall be considered a
mandatory requirement to be fulfilled by the contractor.
------------------------------------------------------------------------
552.211-X2 Brand Name or Equal.
As prescribed at 511.107, insert the following provision:
BRAND NAME OR EQUAL (DATE)
The offeror shall include the following information for any brand
name or equal item it is offering as required by Federal Acquisition
Regulation 52.211-6:
Manufacturer's Name ----------
Brand ----------
Model or Part No. ----------
552.211-X3 Liquidated Damages for Phased Completion--Construction
As prescribed in 511.503, insert the following clause:
LIQUIDATED DAMAGES FOR PHASED COMPLETION--CONSTRUCTION (DATE)
(a) Where the contract specifies different completion dates for
different phases or portions of the work, the Contractor shall be
liable for liquidated damages at the specified rate for each calendar
day following the completion date that the phase or portion of work is
not completed. If a single rate is specified, the specified rate shall
be apportioned between the different phases or portions of the work.
(b) If the Government elects to accept any portion of the work not
specifically designated as a phase or portion of work with its own
completion date, the liquidated damage rate shall be apportioned
between accepted work and uncompleted work, and the Contractor's
liability for liquidated damages shall be computed accordingly. The
Contractor may receive a rated order under this contract from a
Delegate Agency. The Contractor must give preferential treatment to
rated orders as required by the Defense Priorities and Allocations
System (DPAS) regulation (15 CFR part 700). The existence of previously
accepted unrated or lower rated orders is not sufficient reason to
reject a rated order. Rated orders take preference over all unrated
orders as necessary to meet required delivery dates. There are two
levels of ratings designated by the symbol of either ``DO'' or ``DX.''
All ``DO'' rated orders have equal priority with each other and take
preference over unrated orders. All ``DX'' rated orders have equal
priority with each other and take preference over ``DO'' rated orders
and unrated orders. The rating designation is followed by a program
identification symbol. Program identification symbols indicate which
approved program is supported by the rated order (see Schedule 1 of 15
CFR part 700 for a list of Delegate Agencies, approved programs, and
program identification symbols).
552.211-15 [Removed and reserved]
13. Remove and reserve section 552.211-15.
552.211-71 [Removed and reserved]
14. Remove and reserve section 552.211-71.
552.211-74 [Removed and reserved]
15. Remove and reserve section 552.211-74.
16. Revise section 552.211-76 to read as follows:
552.211-76 Charges for Packaging, Packing and Marking.
As prescribed in 511.204(c)(4), insert a clause substantially as
follows:
CHARGES FOR PACKAGING, PACKING AND MARKING (DATE)
If supplies shipped to a GSA wholesale distribution center are not
packaged, packed and marked in accordance with contract requirements,
the Government has the right, without prior notice to the Contractor,
to perform the required repackaging/repacking/ remarking, by contract
or otherwise, and charge the Contractor therefore at the rate of $----
*---- per man-hour or fraction thereof. The Contractor will also be
charged for material costs, if incurred. This right is not exclusive,
and is in addition to other rights or remedies provided for in this
contract.
(End of clause)
* The rate to be inserted in the above clause shall be
determined by the Commissioner, Federal Supply Service, or a
designee.
552.211-78 [Removed and reserved]
17. Remove and reserve section 552.211-78.
552.211-82 [Removed and reserved]
18. Remove and reserve section 552.211-82.
19. Amend section 552.211-84 by revising the section heading; and
revising the date of the clause to read as follows:
552.211-84 Phased Completion of Work.
* * * * *
PHASED COMPLETION OF WORK (DATE)
* * * * *
20. Add sections 552.211-X4 through 552.211-X13 to read as follows:
[[Page 59594]]
552.211-X4 (D-FSS-457) Consistent Pack and Package Requirements.
As prescribed in 511.204, insert the following clause:
CONSISTENT PACK AND PACKAGE REQUIREMENTS (DATE)
The Contractor is advised that the Government will, where possible,
order in full shipping containers and/or unitized loads. If volume
warrants, the Government may also order in truckload or carload
quantities provided such quantities do not exceed the maximum order
limitation of this contract.
When the number of items per unit container, intermediate container
and/or shipping container is not specified for an item, the offeror
will state, in the spaces provided in the schedule of items, the number
of items to be provided in each container. The quantities which are
accepted at the time of award shall remain in effect throughout the
term of the contract unless the Contracting Officer approves in writing
a request by the Contractor to change the package quantities. Requests
for changes shall be directed to the Contracting Officer or
Administrative Contracting Officer, whichever is applicable.
552.211-X5 (D-FSS-462) Maximum Weight Per Shipping Container.
As prescribed in 511.204, insert the following clause:
MAXIMUM WEIGHT PER SHIPPING CONTAINER (DATE)
In no instance shall the weight of a shipping container and its
contents exceed 23 kilograms (51 pounds), except when caused by--
(1) The weight of a single item within the shipping container;
(2) A prescribed quantity per pack for an item per shipping
container; or
(3) A definite weight limitation set forth in the purchase
description.
(End of clause)
552.211-X6 (D-FSS-465) Export Packing.
As prescribed in 511.204, insert the following clause:
EXPORT PACKING (DATE)
(a) Offerors are requested to quote, in the pricelist accompanying
their offer (or by separate attachment), additional charges or net
prices covering delivery of the items furnished with commercial or
military export packing. Military export packing, if offered, shall be
in accordance with Mil-Std-2073-1 Level A or B as specified. If
commercial export packing is offered, the offer or pricelist shall
include detailed specifications describing the packing to be furnished
at the price quoted.
(b) Ordering activities will not be obligated to utilize the
Contractor's services for export packing accepted under this
solicitation, and they may obtain such services elsewhere if desired.
However, the Contractor shall furnish items export packed when such
packing is specified on the purchase order.
(End of clause)
552.211-X7 (D-FSS-466) Export Preparation.
As prescribed in 511.204, insert the following clause:
EXPORT PREPARATION (DATE)
Vehicles shall be prepared for export on wheels, unboxed, unless
otherwise specified in the Schedule of Items. All parts and equipment
easily removable (subject to pilferage) shall be enclosed in a box
substantially secured to the vehicle (inside body if feasible) in such
a manner as to minimize the possibility of loss or damage while in
transit to ultimate destination.
(End of clause)
552.211-X8 (D-FAS-468) Non-Manufactured Wood Packaging Material for
Export.
As prescribed in 511.204, insert the following clause:
NON-MANUFACTURED WOOD PACKAGING MATERIAL FOR EXPORT (DATE)
(a) Definitions.
Packaged material, and solid wood packing material (SWPM), for
purposes of this clause, is defined as each separate and distinct
material that by itself or in combination with other materials forms
the container providing a means of protecting and handling a product.
This includes, but is not limited to, pallets, dunnage, crating,
packing blocks, drums, load boards, pallet collars, and skids.
Non-manufactured wood, is also called solid wood and defined as
wood packing other than that comprised wholly of wood-based products
such as plywood, particle board, oriented strand board, veneer, wood
wool, and similar materials, which has been created using glue, heat
and pressure or a combination thereof.
IPPC Country: Countries of the European Union (EU) or any other
country endorsing the International Plant Protection Convention (IPPC)
``Guidelines for Regulating Wood Packaging Material in International
Trade,'' approved March 15, 2002. A listing of countries participating
in the IPPC is found at https://www.aphis.usda.gov/import_export/
plants/plant_exports/wpm/country/index.shtml.
(b) Non-manufactured wood pallets and other non-manufactured wood
packaging material used to pack items for delivery to or through IPPC
countries must be marked and properly treated in accordance with IPPC
guidelines.
(c) This requirement applies whether the shipment is direct to the
end user or through a Government designated consolidation point.
Packaging that does not conform to IPPC guidelines will be refused
entry, destroyed or treated prior to entry.
(d) For Department of Defense distribution facilities or freight
consolidation points, all non-manufactured wood pallets or packaging
material with a probability of entering countries endorsing the IPPC
Guidelines must be treated and marked in accordance with DLAD 47.305-1
(available at https://www.dla.mil/j-3/j-3311/DLAD/rev5.htm), and MIL-
STD-2073-1, Standard Practice for Military Packaging (and any future
revision).
(e) Pallets and packing material shipped to FAS distribution
facilities designated for possible delivery to the countries endorsing
the IPPC Guidelines will comply with DLAD 47.305-1, and MIL-STD-2073-1.
(f) Delays in delivery caused by non-complying pallets or wood
package material will not be considered as beyond the control of the
Contractor. Any applicable Government expense incurred as a result of
the Contractor's failure to provide appropriate pallets or package
material shall be reimbursed by the Contractor. Expenses may include
the applicable cost for repackaging, handling and return shipping, or
the destruction of solid wood packaging material.
(End of clause)
552.211-X9 (D-FSS-469) Small Parts.
As prescribed in 511.204, insert the following clause:
SMALL PARTS (DATE)
All small parts required must be furnished in connection with
machines covered by contracts resulting from this solicitation shall be
packed in envelopes, sealed, identified with part numbers and quantity
on outside of envelopes: larger parts must be individually tagged and
identified with part number on face of tag.
(End of clause)
552.211-X10 (D-FSS-478) Decals, Stickers, and Data Plates.
As prescribed in 511.204, insert the following clause:
DECALS, STICKERS, AND DATA PLATES (DATE)
Unless otherwise specified, caution plates/decals shall be
conspicuously installed for all equipment requiring such notices.
Vehicles for civil agencies
[[Page 59595]]
shall be provided with the manufacturer's current warranty legend
imprinted on decalcomania, and applied in a visible area of the engine
compartment. In addition, a decal or sticker shall provide at least the
following information: contract number; purchase order number; date of
delivery, month and year; and the warranty time, in month and miles.
552.211-X11 (D-FSS-479) Purchase Vehicle.
As prescribed in 511.204, insert the following clause:
PURCHASE VEHICLE (DATE)
The Contractor shall affix one copy of GSA Form 1398, GSA Purchased
Vehicle, fully completed, to the right or left front door lock face or
door post after final inspection is made. All marks on windows and
other labels (except labels cautioning against drained transmission,
crankcase, and rear axle) shall be removed. Copies of GSA Form 1398 are
available from the Contracting Officer.
NOTE TO OFFEROR: Data shown in the solicitation schedule of
items may be utilized to satisfy the requirements for the following
to be shown on GSA Form 1398:
(1) Receiving Agency--Examples are: State, USIA, Forest Service,
GSA.
(2) Purchase Order Number--Use the five-digit ``case'' or
``file'' number.
(End of clause)
552.211-X12 Radio Frequency Identification (RFID) Using Passive Tags.
As prescribed in 511.204, insert the following clause:
RADIO FREQUENCY IDENTIFICATION (RFID) USING PASSIVE TAGS (DATE)
Radio Frequency Identification shall be required on all non-bulk
shipments to the Defense Logistics Agency (DLA) or Department of
Defense (DoD) destinations. Shipments shall be tagged in accordance
with 48 CFR clause 252.211-006. Shipments to GSA Distribution Centers
with final destinations to DLA and DoD shall be in compliance to 48 CFR
252.211-7006. Copies may be obtained from https://www.access.gpo.gov/
nara/cfr/cfr-table-search.html.
(End of clause)
552.211-X13 Unique Item Identification (UID).
As prescribed in 511.204, insert the following clause:
UNIQUE ITEM IDENTIFICATION (UID) (DATE)
Unique Item Identification shall be required on tangible personal
property in accordance with DFARS 211.274-4 as requested by the Defense
Logistics Agency (DLA) or Department of Defense (DOD). Item Property
that falls within this criterion shall be valuated and identified in
accordance with DFARS 252.211-7003. Details shall be found in DFARS
252.211-7007. Copies can be obtained from https://www.access.gpo.gov (48
CFR Chapter 2).
(End of clause)
[FR Doc. E8-23703 Filed 10-8-08; 8:45 am]
BILLING CODE 6820-61-S
