General Services Administration Acquisition Regulation; GSAR Case 2007-G507, Describing Agency Needs, 66251-66257 [E9-29753]
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Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Rules and Regulations
Services Administration, 1800 F Street
NW., Washington, DC 20405. Please
provide as much details about the
complaint in the communication.
Provide contact information where you
prefer all communication to be sent. The
Privacy Officer will conduct an
investigation and consult with
appropriate GSA officials and legal
counsel to render a decision within 30
workdays of the complaint being
received by the privacy office. The
decision will be sent by the method the
complaint was received.
§ 105–64.802 Can I appeal a decision to a
privacy complaint?
You may file an appeal within 30
workdays of a denial of a privacy
complaint by writing to: GSA Privacy
Act Officer (CIB), General Services
Administration, 1800 F Street NW.,
Washington, DC 20405. Mark both the
envelope and appeal letter ‘‘Privacy Act
Complaint appeal’’.
§ 105–64.803
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Appendix A to Part 105–64—Addresses
for Geographically Dispersed Records
Address requests for physically dispersed
records, as noted in the system of records
notices, to the Regional Privacy Act
Coordinator, General Services
Administration, at the appropriate regional
GSA office, as follows:
Great Lakes Region (includes Illinois,
Indiana, Michigan, Ohio, Minnesota, and
Wisconsin), 230 South Dearborn Street,
Chicago, IL 60604–1696.
Greater Southwest Region (includes
Arkansas, Louisiana, Oklahoma, New
Mexico, and Texas), 819 Taylor Street, Fort
Worth, TX 76102.
Mid-Atlantic Region (includes Delaware,
Maryland, Pennsylvania, Virginia, and West
Virginia, but excludes the National Capital
Region), The Strawbridge Building, 20 North
8th Street, Philadelphia, PA 19107–3191.
National Capital Region (includes the
District of Columbia; the counties of
Montgomery and Prince George’s in
Maryland; the city of Alexandria, Virginia;
and the counties of Arlington, Fairfax,
Loudoun, and Prince William in Virginia),
7th and D Streets, SW., Washington, DC
20407.
New England Region (includes
Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, and Vermont), 10
Causeway Street, Boston, MA 02222.
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[FR Doc. E9–29122 Filed 12–14–09; 8:45 am]
BILLING CODE 6820–34–P
How will my appeal be
The Privacy Act Officer will consult
with legal counsel and the appropriate
GSA officials concerning your appeal.
The decision will be made by the Senior
Agency Official for Privacy. The
decision will be sent within 30
workdays of the appeal being received
by the privacy office. The decision
provided in the appeal letter is the final
recourse.
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Northeast and Caribbean Region (includes
New Jersey, New York, Puerto Rico, and
Virgin Islands), 26 Federal Plaza, New York,
NY 10278.
Northwest/Arctic Region (includes Alaska,
Idaho, Oregon, and Washington), 400 15th
Street, SW., Auburn, WA 98001–6599.
Pacific Rim Region (includes Arizona,
California, Hawaii, and Nevada), 450 Golden
Gate Avenue, San Francisco, CA 94102–3400.
Rocky Mountain Region (includes
Colorado, Montana, North Dakota, South
Dakota, Utah, and Wyoming), U.S. General
Services Administration, DFC, Bldg. 41, Rm.
210, P.O. Box 25006, Denver, CO 80225–
0006.
Southeast-Sunbelt Region (includes
Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South Carolina,
and Tennessee), Office of the Regional
Administrator (4A), 77 Forsyth Street,
Atlanta, GA 30303.
The Heartland Region (includes Iowa,
Kansas, Missouri, and Nebraska), 1500 East
Bannister Road, Kansas City, MO 64131–
3088.
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 501, 511, and 552
[GSAR Amendment 2009–14; GSAR Case
2007–G507 (Change 42) Docket 2008–0007;
Sequence 9]
RIN 3090–AI74
General Services Administration
Acquisition Regulation; GSAR Case
2007–G507, Describing Agency Needs
AGENCIES: Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
SUMMARY: The General Services
Administration (GSA) is amending the
GSA Acquisition Regulation (GSAR) to
revise language that provide
requirements for describing agency
needs.
Effective Date: January 14, 2010.
For
clarification of content, contact Ms.
Beverly Cromer, Procurement Analyst,
at (202) 501–1448. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat (MVPR), Room 4041, 1800 F
Street, NW., Washington, DC 20405,
(202) 501–4755. Please cite Amendment
2005–14, GSAR case 2007–G507
(Change 42).
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
A. Background
The GSA is amending the GSAR to
update the text addressing GSAR part
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511, Describing Agency Needs. This rule
is a result of the GSA Acquisition
Manual (GSAM) Rewrite initiative
undertaken by GSA to revise the GSAM
to maintain consistency with the
Federal Acquisition Regulation (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 GSAR as well as
internal agency acquisition policy.
The GSA is rewriting each part of the
GSAR and GSAM, and as each GSAR
part is rewritten, is publishing it in the
Federal Register.
This rule covers the rewrite of GSAR
part 511, entitled ‘‘Describing Agency
Needs’’. Due to scheduling
requirements, a proposed rule was
published concurrently with the
internal GSA comment process. The
proposed rule was published in the
Federal Register at 73 FR 59590 on
October 9, 2008.
Discussion
The current GSAR part 511 contains—
• Instructions (that are not a
solicitation provision) at GSAR
511.104–70 on information to be
included after a brand name or equal
item description;
• Prescriptions for seven solicitation
provisions and contract clauses for
GSAR subpart 511.2, entitled ‘‘Using
and Maintaining Requirements
Documents’’;
• Prescriptions for eight solicitation
provisions and contract clauses for
GSAR subpart 511.4, entitled ‘‘Delivery
or Performance Schedules’’;
• A clause prescription at GSAR
511.503; and
• GSAR subpart 511.6, entitled
‘‘Priorities and Allocations’’,
implementing the Defense Priorities and
Allocations System (DPAS) for GSA.
There is one clause associated with
GSAR subpart 511.6.
In addition to changes made in
response to the two public comments
received in response to the proposed
rule (see section C below), a number of
additional changes have been made to
the final rule as a result of the GSA
internal comment process.
In GSAR subpart 511.1, the
instructions at GSAR 511.104–70 have
been deleted because they are
redundant to instructions in the FAR for
use of the FAR clause at 52.211–6,
Brand Name or Equal, at FAR 11.104(b)
and 11.107(a).
In GSAR subpart 511.2, the
solicitation provisions and contract
clauses at GSAR 511.204 have been
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substantially rewritten to accommodate
the incorporation of clauses used by the
former Federal Supply Service into the
GSAR and to revise prescriptions for
certain clauses. The clause at GSAR
552.211–71, Standard References, has
been deleted in favor of the clause at
GSAR 552.211–72, Reference to
Specifications in Drawings, which can
now be used in construction contracts
as well as supply contracts. Four other
clauses currently prescribed in GSAR
511.204 are retained with minor edits;
they are—
• GSAR 552.211–73, Marking;
• GSAR 552.211–75, Preservation,
Packaging, and Packing, with its
Alternate I;
• GSAR 552.211–76, Charges for
Packaging, Packing, and Marking; and
• GSAR 552.211–77, Packing List.
A total of 10 new clauses are added
to GSAR subpart 511.2 from the Federal
Acquisition Service (formerly Federal
Supply Service). These clauses,
prescribed at GSAR 511.204, are the
following:
• GSAR 552.211–85, Consistent Pack
and Package Requirements;
• GSAR 552.211–86, Maximum
Weight Per Shipping Container;
• GSAR 552.211–87, Export Packing;
• GSAR 552.211–88, Vehicle Export
Preparation;
• GSAR 552.211–89, NonManufactured Wood Packaging Material
for Export;
• GSAR 552.211–90, Small Parts;
• GSAR 552.211–91, Vehicle Decals,
Stickers, and Data Plates;
• GSAR 552.211–92, Radio
Frequency Identification (RFID) Using
Passive Tags; and
• GSAR 552.211–93, Unique Item
Identification (UID).
• GSAR 552.211–94, Time of
Delivery.
In addition to GSAR 552.211–71,
Standard References, discussed above,
GSAR clause 552.211–74, Charges for
Marking, has been deleted because its
substance was incorporated into GSAR
552.211–76, now titled ‘‘Charges for
Packaging, Packing, and Marking.
The material in GSAR subpart 511.4
is at GSAR 511.404, ‘‘Contract clauses’’.
This section has been revised to
eliminate redundant GSAR clauses and
clarify the use and requirements for
existing GSAR clauses. Four clauses
have been deleted:
GSAR 552.211–8, Time of Delivery.
This clause was transferred to GSAR
part 538, Federal Supply Schedule
Contracting. A new clause with the
same number and title, but a different
prescription, has been substituted.
GSAR 552.211–78, Commercial
Delivery Schedule (Multiple Award
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Schedule). This clause was transferred
to GSAR part 538, Federal Supply
Schedule Contracting.
GSAR 552.211–82, Notice of
Shipment. This clause was deleted
because it is redundant to various
requirements already addressed in the
FAR.
GSAR 552.211–84, Non-Compliance
with Contract Requirements. The clause
was revised to address construction
contracts and transferred to the group
revising GSAR part 536, Construction.
Four of the eight GSAR subpart 511.2
clauses are retained, with very minor
edits:
• GSAR 552.211–79, Acceptable Age
of Supplies.
• GSAR 552.211–80, Age on Delivery.
• GSAR 552.211–81, Time of
Shipment.
• GSAR 552.211–83, Availability for
Inspection, Testing, and Shipment/
Delivery.
The proposed rule added the clause
entitled ‘‘Liquidated Damages for
Phased Completion-Construction,’’ and
its prescription at GSAR 511.503, which
are deleted from this final rule because
they were transferred to the group
rewriting GSAR part 536, Construction
and Architect-Engineer Contracts.
GSAR subpart 511.6, entitled
‘‘Priorities and Allocations’’, has been
substantially rewritten and clarified
using the Defense Priorities Allocation
System (DPAS) delegation to GSA from
the Department of Commerce (DOC).
Scope of GSAR subpart 511.600,
includes language from the delegation to
GSA that explains the limitations placed
on GSA’s use of this authority by DOC.
The definitions at GSAR 511.601 have
been deleted as unnecessary. GSAR
511.602, General, has been edited and
revised to add the language that
specifically limits GSA’s actions and
authority under the delegation. The
procedures for use of the DPAS, at
GSAR 511.603, have been strengthened
and clarified. In addition, GSAR
511.603 now makes it clear that GSA is
to use the clauses at FAR 52.211–54,
Notice of Priority Rating for National
Defense, Emergency Preparedness, and
Energy Program Use, and FAR 52.211–
15, Defense Priority and Allocation
Requirements, without
supplementation. These FAR clauses
include the definitions and procedures
necessary for proper use of DPAS. Thus,
the clause at GSAR 552.211–15 and its
prescription at GSAR 511.604, are
deleted.
Discussion of Comments
Two public comments were received
in response to the proposed rule.
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Comment: One commenter was
concerned that the clause text at GSAR
552.211–84, entitled ‘‘Non-Compliance
with Contract Requirements’’, and retitled ‘‘Non-Compliance with Contract
Requirements (Phased Completion of
Work)’’ in the proposed rule, did not
even mention phased work. The
proposed change, the commenter
contended, does not clarify, but rather
confuses.
Response: The commenter is correct,
and this clause and its prescription have
been transferred to the GSAR part 536
team, where they have been
substantially rewritten and clarified.
Comment: A second commenter
believes that the clause entitled ‘‘Time
of Delivery, does not have a prescription
for its use included at the cited location
(GSAR 511.404(a)).
Response: The commenter was
correct. An appropriate clause
prescription has been included in the
text at GSAR 511.404(d).
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
certifies that this final rule will not have
a significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because while this rule does add new
contract clauses, these clauses do not
add any new requirements unique to
small businesses and have, in fact, been
used by what is now the Federal
Acquisition Service, formerly the
Federal Supply Service, for many years.
For these reasons, it is expected that the
number of entities impacted by this rule
will be minimal.
C. Paperwork Reduction Act
The Paperwork Reduction Act
applies, however, these changes to the
GSAR do not impose additional
information collection requirements to
the paperwork burden previously
approved under OMB Control Numbers
3090–0203, 3090–0204, and 3090–0246.
In fact, two of these information
collections are no longer required.
GSAR 511.104–70 has been deleted, so
OMB Control Number 3090–0203 is no
longer required, nor is OMB Control
Number 3090–0204, because this
rewrite eliminates the former GSAR
511.404(a)(1), 511.404(a)(2), and
511.404(a)(5), 552.211–78, and 552.211–
82. However, the information collection
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requirement imposed by GSAR
511.204(d), now 511.204(c), has been
retained. There are no new information
collection requirements in the nine
clauses added to those prescribed at
GSAR Subpart 511.2.
List of Subjects in 48 CFR Parts 501,
511, and 552
Government procurement.
Dated: December 8, 2009.
David A. Drabkin,
Senior Procurement Executive, Office of
Acquisition Policy, General Services
Administration.
Therefore, GSA amends 48 CFR parts
501, 511, and 552 as set forth below:
■ 1. The authority citation for 48 CFR
parts 501, 511, and 552 continues to
read as follows:
■
Authority: 40 U.S.C. 121(c).
PART 501—GENERAL SERVICES
ADMINISTRATION ACQUISITION
SERVICES
501.106
[Amended]
2. Amend section 501.106, in the
table, by—
■ a. Removing the GSAR reference
number ‘‘511.104–70’’ and its
corresponding OMB Control Number
‘‘3090–0203’’;
■ b. Removing GSAR reference number
‘‘511.204(d)’’ and adding ‘‘511.204(c)’’
in its place; and
■ c. Removing GSAR reference numbers
‘‘511.404(a)(1), 511.404(a)(2),
511.404(a)(5), 552.211–8, 552.211–78,
and 552.211–82’’ and their
corresponding OMB Control Number
‘‘3090–0204’’.
■
PART 511—DESCRIBING AGENCY
NEEDS
Subpart 511.1 [Removed]
3. Remove subpart 511.1.
4. Revise section 511.204 to read as
follows:
■
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511.204 Solicitation provisions and
contract clauses.
(a) Federal specifications. The
contracting officer shall insert the clause
at 552.211–72, Reference to
Specifications in Drawings, in
solicitations and contracts citing Federal
or agency specifications that contain
drawings.
(b) Supply contracts that exceed the
simplified acquisition threshold. (1) The
contracting officer shall include the
clause at 552.211–73, Marking, in
solicitations and contracts for supplies
when deliveries may be made to both
civilian and military activities and the
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contract amount is expected to exceed
the simplified acquisition threshold.
(2) The contracting officer shall
include the clause at 552.211–75,
Preservation, Packaging, and Packing, in
solicitations and contracts for supplies
expected to exceed the simplified
acquisition threshold. The contracting
officer may also include the clause in
contracts estimated to be at or below the
simplified acquisition threshold when
appropriate. The contracting officer
shall use Alternate I in solicitations and
contracts for—
(i) Federal Supply Schedule 70 and
the Consolidated Products and Services
Schedule containing information
technology Special Item Numbers; or
(ii) Federal Supply Schedules for
recovery purchasing (see 538.7102).
(3) The contracting officer shall 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) The contracting officer shall
include the clause 552.211–85,
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.
(5) The contracting officer shall
include the clause 552.211–86,
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.
(6) The contracting officer shall
include the clause 552.211–87, 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.
(7) The contracting officer shall
include the clause 552.211–88, 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.
(8) The contracting officer shall
include the clause at 552.211–89, NonManufactured 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
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66253
amount is expected to exceed the
simplified acquisition threshold.
(9) The contracting officer shall
include the clause 552.211–90, 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) The contracting officer shall
include the clause 552.211–91, Vehicle
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) The contracting officer shall
include the clause 552.211–92, 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.
(12) The contracting officer shall
include the clause 552.211–93, Unique
Item Identification (UID), in
solicitations and contracts for supplies
when deliveries may be made to
military activities and a single item
exceeds $5,000.00 in cost.
(c) Supply contracts. The contracting
officer shall 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) FSS Schedule 70 and the
Consolidated Products and Services
Schedule containing information
technology Special Item Numbers; or
(2) Federal Supply Schedules for
recovery purchasing (see 538.7102).
■ 5. Revise section 511.404 to read as
follows:
511.404
Contract clauses.
In supply contracts, the contracting
officer shall use the clauses as specified
in this section.
(a) Shelf-life items. The contracting
officer shall 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:
(1) The contracting officer shall 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.
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(2) The contracting officer shall 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.
(b) Stock replenishment contracts.
The contracting officer shall 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, the contracting officer shall use
Alternate I.
(c) Indeterminate testing time. The
contracting officer shall 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, the contracting officer
shall use Alternate I.
(d) The contracting officer shall insert
the clause at 552.211–94, Time of
Delivery, in solicitations and contracts
for supplies for the Stock Program when
neither of the FAR delivery clauses
(FAR 52.211–8 or 52.211–9) is suitable.
■ 6. 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 (DOC)
has delegated to GSA the authority to
use the DPAS under certain conditions.
DPAS Delegation 3 restricts use of DPAS
authority to GSA supply system
procurement in support of the
Department of Defense (DoD),
Department of Energy (DoE), and
Federal Emergency Management Agency
(FEMA) approved programs.
511.601
[Removed and Reserved]
7. Remove and reserve section
511.601.
■ 8. Revise section 511.602 to read as
follows:
■
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511.602
General.
(a) The purpose of the DPAS is to
assure the timely availability of
industrial resources to meet current
national defense, energy, and civil
emergency preparedness program
requirements and to provide an
operating system to support rapid
industrial response in a national
emergency. The primary statutory
authority for the DPAS is Title I of the
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Defense Production Act of 1950, as
amended, with additional authority
from the Selective Service Act of 1948
and the Robert T. Stafford Disaster
Relief and Emergency Assistance Act.
Executive Orders 12919 and 12742
delegate to the DOC authority to
administer the DPAS. Within the DOC,
the Office of Strategic Industries and
Economic Security (SIES) is assigned
responsibility for DPAS
implementation, administration, and
compliance.
(b) The DPAS is published in the
Code of Federal Regulations at 15 CFR
part 700. This regulation provides an
overview, a detailed explanation of
operations and procedures, and other
implementing guidance, including
information on special priorities
assistance and compliance.
(c) Orders placed under DPAS are
‘‘rated orders.’’ Rated orders must
receive preferential treatment only as
necessary to meet delivery
requirements. Rated orders are
identified by a rating symbol of either
‘‘DX’’ or ‘‘DO’’ followed by a program
identification symbol. 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. A program identification
symbol indicates which approved
program is supported by the rated order.
(d) The authority delegated to GSA
shall not be used to support the
procurement of any items that—
(1) Are commonly available in
commercial markets for general
consumption;
(2) Do not require major modification
when purchased for approved program
use;
(3) Are readily available in sufficient
quantity so as to cause no delay in
meeting approved program
requirements; or
(4) Are to be used primarily for
administrative purposes (including
Federal Supply Classification (FSC)
classes, groups, or items), such as for
personnel or financial management. The
Commissioner, FAS, shall issue
additional guidance, as may be
necessary, to ensure effective
implementation of its delegated DPAS
authority.
■ 9. Revise section 511.603 to read as
follows:
511.603
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511.604
■
[Removed]
10. Remove section 511.604.
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
552.211–8
■
Sfmt 4700
■
[Removed]
11. Remove section 552.211–8.
552.211–15
Procedures.
(a) A DPAS rating may be placed
against an entire contract at time of
award or an individual order issued
under an existing, otherwise unrated,
contract. FAR 11.604 requires
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contracting officers to insert the
provision at 52.211–14, Notice of
Priority Rating for National Defense,
Emergency Preparedness, and Energy
Program Use, in solicitations when the
contract or order to be awarded will be
a rated order and to insert the clause at
52.211–15, Defense Priority and
Allocation Requirements, in contracts
that are rated orders.
(b) In addition to the FAR provision
and clause referenced in paragraph (a)
of this section, the contract or order
must include the following (see 15 CFR
700.12):
(1) The appropriate priority rating
symbol (i.e., either ‘‘DO’’ or ‘‘DX’’) along
with the program identification symbol.
When GSA contracting officers place
DO rated orders, they must use program
identification symbol ‘‘K1’’. When
placing a DX-rated order for other
agencies, GSA contracting officers must
use the requesting agency program
identification symbol from the DoD
Master Urgency List and may only do so
when GSA is acting as the procuring
agent for DoD or DoE and has received
a ‘‘DX’’ rated contract or order from
either department.
(2) A required delivery date. The
words ‘‘as soon as possible’’ or
‘‘immediately’’ do not constitute a
required delivery date. Use of either a
specific date or a specified number of
days ARO (after receipt of order) is
acceptable.
(3) The written signature on a
manually placed order, or the digital
signature or name on an electronically
placed order of an individual authorized
to place rated orders.
(4) A statement that reads
substantially as follows: ‘‘This is a rated
order certified for national defense use,
and you are required to follow all the
provisions of the Defense Priorities and
Allocations System regulation (15 CFR
part 700)’’.
(c) Multiple and Single Award
Schedule contracts are not rated at time
of award.
[Removed]
12. Remove section 552.211–15.
552.211–71
[Removed and Reserved]
13. Remove and reserve section
552.211–71.
■
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66255
14. Amend section 552.211–72 by
removing from the introductory
paragraph ‘‘511.204(b)’’ and adding
‘‘511.204(a)’’ in its place.
■
22. Amend section 552.211–80 by
removing from the introductory
paragraph ‘‘511.404(a)(3)(ii)’’ and
adding ‘‘511.404(a)(2)’’ in its place.
(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.
552.211–73
552.211–81
(End of clause)
552.211–72
[Amended]
552.211–80
■
[Amended]
15. Amend section 552.211–73 by
removing from the introductory
paragraph ‘‘511.204(c)(1)’’ and adding
‘‘511.204(b)(1)’’ in its place.
552.211–82
[Removed and Reserved]
18. Revise section 552.211–76 to read
as follows:
■
552.211–76 Charges for packaging,
packing, and marking.
As prescribed in 511.204(b)(3), insert
a clause substantially as follows:
Charges for Packaging, Packing, and
Marking (Jan 2010)
(End of clause)
*The rate to be inserted in the above clause
shall be determined by the Commissioner,
Federal Acquisition Service, or a designee.
[Amended]
19. Amend section 552.211–77 by
removing from the introductory
paragraph ‘‘511.204(d)’’ and adding
‘‘511.204(c)’’ in its place.
■
552.211–78
552.211–84
[Removed and Reserved]
26. Remove and reserve section
552.211–84.
■ 27. Add sections 552.211–85 through
552.211–94 to read as follows:
■
552.211–88
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.
(End of clause)
552.211–86
container.
[Removed and Reserved]
Maximum weight per shipping
20. Remove and reserve section
552.211–78.
As prescribed in 511.204(b)(6), insert
the following clause:
552.211–79
Maximum Weight per Shipping
Container (Jan 2010)
■
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(End of clause)
25. Amend section 552.211–83 by
removing from the introductory
paragraph ‘‘511.404(a)(6)’’ and adding
‘‘511.404(c)’’ in its place.
Consistent Pack and Package
Requirements (Jan 2010)
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
$lllll* 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.
[Amended]
21. Amend section 552.211–79 by
removing from the introductory
paragraph ‘‘511.404(a)(3)(i)’’ and adding
‘‘511.404(a)(1)’’ in its place.
■
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Export Packing (Jan 2010)
As prescribed in 511.204(b)(5), insert
the following clause:
[Amended]
■
17. Amend section 552.211–75 by
removing from the introductory
paragraph and the Alternate I
introductory paragraph ‘‘511.204(c)(3)’’
and adding ‘‘511.204(b)(2)’’ in its place
(twice).
Export packing.
As prescribed in 511.204(b)(7), insert
the following clause:
552.211–85 Consistent pack and package
requirements.
552.211–83
[Amended]
552.211–87
(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.
24. Remove and reserve section
552.211–82.
■
552.211–77
[Removed and Reserved]
■
16. Remove and reserve section
552.211–74.
■
552.211–75
[Amended]
23. Amend section 552.211–81 by
removing from the introductory
paragraph ‘‘511.404(a)(4)’’ and adding
‘‘511.404(b)’’ in its place.
■
■
552.211–74
[Amended]
In no instance shall the weight of a
shipping container and its contents exceed
23 kilograms (51 pounds), except when
caused by—
PO 00000
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Vehicle export preparation.
As prescribed in 511.204(b)(8), insert
the following clause:
Vehicle Export Preparation (Jan 2010)
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)
552.211–89 Non-manufactured wood
packaging material for export.
As prescribed in 511.204(b)(4), insert
the following clause:
Non-Manufactured Wood Packaging
Material for Export (Jan 2010)
(a) Definitions:
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.
Non-manufactured wood, is also called
solid wood and defined as wood packing
other than that comprised wholly of woodbased products such as plywood, particle
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board, oriented strand board, veneer, wood
wool, and similar materials, which has been
created using glue, heat and pressure or a
combination thereof.
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.
(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 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)
552.211–90
Small parts.
As prescribed in 511.204(b)(9), insert
the following clause:
Small Parts (Jan 2010)
All small parts required to be furnished
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)
552.211–91 Vehicle decals, stickers, and
data plates.
As prescribed in 511.204(b)(10), insert
the following clause:
Vehicle Decals, Stickers, and Data
Plates (Jan 2010)
Unless otherwise specified, caution plates/
decals shall be conspicuously installed for all
equipment requiring such notices. Vehicles
for civil agencies 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.
(End of clause)
552.211–92 Radio Frequency Identification
(RFID) using passive tags.
As prescribed in 511.204(b)(11), insert
the following clause:
Radio Frequency Identification (RFID)
Using Passive Tags (Jan 2010)
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 252.211–7006.
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-tablesearch.html.
(End of clause)
552.211–93
(UID).
Unique Item Identification
As prescribed in 511.204(b)(12), insert
the following clause:
Unique Item Identification (UID) (Jan
2010)
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
the 48 Code of Federal Regulations.
(End of clause)
552.211–94
Time of delivery.
As prescribed at 511.404(d), insert the
following clause:
Time of Delivery (Jan 2010)
An ‘‘X’’ mark in the left hand block shall
be considered a mandatory requirement to be
fulfilled by the contractor.
erowe on DSK5CLS3C1PROD with RULES
The Contractor will ship contract item(s) to the Federal 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.
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(End of clause)
[FR Doc. E9–29753 Filed 12–14–09; 8:45 am]
BILLING CODE 6820–61–P
DEPARTMENT OF VETERANS
AFFAIRS
48 CFR Parts 802, 804, 808, 809, 810,
813, 815, 817, 819, 828, and 852
RIN 2900–AM92
66257
December 8 make the following
correction:
On page 64619, in the third column,
under the DATES heading, in the first
line, ‘‘January 7, 2010’’ should read
‘‘Effective date: January 7, 2010’’.
[FR Doc. Z9–28461 Filed 12–14–09; 8:45 am]
VA Acquisition Regulation: Supporting
Veteran-Owned and Service-Disabled
Veteran-Owned Small Businesses
BILLING CODE 1505–01–D
Correction
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In rule document E9–28461 beginning
on page 64619 in the issue of Tuesday,
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]]>Agencies
[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Rules and Regulations]
[Pages 66251-66257]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29753]
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 501, 511, and 552
[GSAR Amendment 2009-14; GSAR Case 2007-G507 (Change 42) Docket 2008-
0007; Sequence 9]
RIN 3090-AI74
General Services Administration Acquisition Regulation; GSAR Case
2007-G507, Describing Agency Needs
AGENCIES: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is amending the GSA
Acquisition Regulation (GSAR) to revise language that provide
requirements for describing agency needs.
DATES: Effective Date: January 14, 2010.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Beverly Cromer, Procurement Analyst, at (202) 501-1448. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat (MVPR), Room 4041, 1800 F Street, NW.,
Washington, DC 20405, (202) 501-4755. Please cite Amendment 2005-14,
GSAR case 2007-G507 (Change 42).
SUPPLEMENTARY INFORMATION:
A. Background
The GSA is amending the GSAR to update the text addressing GSAR
part 511, Describing Agency Needs. This rule is a result of the GSA
Acquisition Manual (GSAM) Rewrite initiative undertaken by GSA to
revise the GSAM to maintain consistency with the Federal Acquisition
Regulation (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 GSAR as well as internal
agency acquisition policy.
The GSA is rewriting each part of the GSAR and GSAM, and as each
GSAR part is rewritten, is publishing it in the Federal Register.
This rule covers the rewrite of GSAR part 511, entitled
``Describing Agency Needs''. Due to scheduling requirements, a proposed
rule was published concurrently with the internal GSA comment process.
The proposed rule was published in the Federal Register at 73 FR 59590
on October 9, 2008.
Discussion
The current GSAR part 511 contains--
Instructions (that are not a solicitation provision) at
GSAR 511.104-70 on information to be included after a brand name or
equal item description;
Prescriptions for seven solicitation provisions and
contract clauses for GSAR subpart 511.2, entitled ``Using and
Maintaining Requirements Documents'';
Prescriptions for eight solicitation provisions and
contract clauses for GSAR subpart 511.4, entitled ``Delivery or
Performance Schedules'';
A clause prescription at GSAR 511.503; and
GSAR subpart 511.6, entitled ``Priorities and
Allocations'', implementing the Defense Priorities and Allocations
System (DPAS) for GSA. There is one clause associated with GSAR subpart
511.6.
In addition to changes made in response to the two public comments
received in response to the proposed rule (see section C below), a
number of additional changes have been made to the final rule as a
result of the GSA internal comment process.
In GSAR subpart 511.1, the instructions at GSAR 511.104-70 have
been deleted because they are redundant to instructions in the FAR for
use of the FAR clause at 52.211-6, Brand Name or Equal, at FAR
11.104(b) and 11.107(a).
In GSAR subpart 511.2, the solicitation provisions and contract
clauses at GSAR 511.204 have been
[[Page 66252]]
substantially rewritten to accommodate the incorporation of clauses
used by the former Federal Supply Service into the GSAR and to revise
prescriptions for certain clauses. The clause at GSAR 552.211-71,
Standard References, has been deleted in favor of the clause at GSAR
552.211-72, Reference to Specifications in Drawings, which can now be
used in construction contracts as well as supply contracts. Four other
clauses currently prescribed in GSAR 511.204 are retained with minor
edits; they are--
GSAR 552.211-73, Marking;
GSAR 552.211-75, Preservation, Packaging, and Packing,
with its Alternate I;
GSAR 552.211-76, Charges for Packaging, Packing, and
Marking; and
GSAR 552.211-77, Packing List.
A total of 10 new clauses are added to GSAR subpart 511.2 from the
Federal Acquisition Service (formerly Federal Supply Service). These
clauses, prescribed at GSAR 511.204, are the following:
GSAR 552.211-85, Consistent Pack and Package Requirements;
GSAR 552.211-86, Maximum Weight Per Shipping Container;
GSAR 552.211-87, Export Packing;
GSAR 552.211-88, Vehicle Export Preparation;
GSAR 552.211-89, Non-Manufactured Wood Packaging Material
for Export;
GSAR 552.211-90, Small Parts;
GSAR 552.211-91, Vehicle Decals, Stickers, and Data
Plates;
GSAR 552.211-92, Radio Frequency Identification (RFID)
Using Passive Tags; and
GSAR 552.211-93, Unique Item Identification (UID).
GSAR 552.211-94, Time of Delivery.
In addition to GSAR 552.211-71, Standard References, discussed
above, GSAR clause 552.211-74, Charges for Marking, has been deleted
because its substance was incorporated into GSAR 552.211-76, now titled
``Charges for Packaging, Packing, and Marking.
The material in GSAR subpart 511.4 is at GSAR 511.404, ``Contract
clauses''. This section has been revised to eliminate redundant GSAR
clauses and clarify the use and requirements for existing GSAR clauses.
Four clauses have been deleted:
GSAR 552.211-8, Time of Delivery. This clause was transferred to
GSAR part 538, Federal Supply Schedule Contracting. A new clause with
the same number and title, but a different prescription, has been
substituted.
GSAR 552.211-78, Commercial Delivery Schedule (Multiple Award
Schedule). This clause was transferred to GSAR part 538, Federal Supply
Schedule Contracting.
GSAR 552.211-82, Notice of Shipment. This clause was deleted
because it is redundant to various requirements already addressed in
the FAR.
GSAR 552.211-84, Non-Compliance with Contract Requirements. The
clause was revised to address construction contracts and transferred to
the group revising GSAR part 536, Construction.
Four of the eight GSAR subpart 511.2 clauses are retained, with
very minor edits:
GSAR 552.211-79, Acceptable Age of Supplies.
GSAR 552.211-80, Age on Delivery.
GSAR 552.211-81, Time of Shipment.
GSAR 552.211-83, Availability for Inspection, Testing, and
Shipment/Delivery.
The proposed rule added the clause entitled ``Liquidated Damages
for Phased Completion-Construction,'' and its prescription at GSAR
511.503, which are deleted from this final rule because they were
transferred to the group rewriting GSAR part 536, Construction and
Architect-Engineer Contracts.
GSAR subpart 511.6, entitled ``Priorities and Allocations'', has
been substantially rewritten and clarified using the Defense Priorities
Allocation System (DPAS) delegation to GSA from the Department of
Commerce (DOC). Scope of GSAR subpart 511.600, includes language from
the delegation to GSA that explains the limitations placed on GSA's use
of this authority by DOC. The definitions at GSAR 511.601 have been
deleted as unnecessary. GSAR 511.602, General, has been edited and
revised to add the language that specifically limits GSA's actions and
authority under the delegation. The procedures for use of the DPAS, at
GSAR 511.603, have been strengthened and clarified. In addition, GSAR
511.603 now makes it clear that GSA is to use the clauses at FAR
52.211-54, Notice of Priority Rating for National Defense, Emergency
Preparedness, and Energy Program Use, and FAR 52.211-15, Defense
Priority and Allocation Requirements, without supplementation. These
FAR clauses include the definitions and procedures necessary for proper
use of DPAS. Thus, the clause at GSAR 552.211-15 and its prescription
at GSAR 511.604, are deleted.
Discussion of Comments
Two public comments were received in response to the proposed rule.
Comment: One commenter was concerned that the clause text at GSAR
552.211-84, entitled ``Non-Compliance with Contract Requirements'', and
re-titled ``Non-Compliance with Contract Requirements (Phased
Completion of Work)'' in the proposed rule, did not even mention phased
work. The proposed change, the commenter contended, does not clarify,
but rather confuses.
Response: The commenter is correct, and this clause and its
prescription have been transferred to the GSAR part 536 team, where
they have been substantially rewritten and clarified.
Comment: A second commenter believes that the clause entitled
``Time of Delivery, does not have a prescription for its use included
at the cited location (GSAR 511.404(a)).
Response: The commenter was correct. An appropriate clause
prescription has been included in the text at GSAR 511.404(d).
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 certifies that this final rule
will not have a significant economic impact on a substantial number of
small entities within the meaning of the Regulatory Flexibility Act, 5
U.S.C. 601, et seq., because while this rule does add new contract
clauses, these clauses do not add any new requirements unique to small
businesses and have, in fact, been used by what is now the Federal
Acquisition Service, formerly the Federal Supply Service, for many
years. For these reasons, it is expected that the number of entities
impacted by this rule will be minimal.
C. Paperwork Reduction Act
The Paperwork Reduction Act applies, however, these changes to the
GSAR do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Numbers
3090-0203, 3090-0204, and 3090-0246. In fact, two of these information
collections are no longer required. GSAR 511.104-70 has been deleted,
so OMB Control Number 3090-0203 is no longer required, nor is OMB
Control Number 3090-0204, because this rewrite eliminates the former
GSAR 511.404(a)(1), 511.404(a)(2), and 511.404(a)(5), 552.211-78, and
552.211-82. However, the information collection
[[Page 66253]]
requirement imposed by GSAR 511.204(d), now 511.204(c), has been
retained. There are no new information collection requirements in the
nine clauses added to those prescribed at GSAR Subpart 511.2.
List of Subjects in 48 CFR Parts 501, 511, and 552
Government procurement.
Dated: December 8, 2009.
David A. Drabkin,
Senior Procurement Executive, Office of Acquisition Policy, General
Services Administration.
0
Therefore, GSA amends 48 CFR parts 501, 511, and 552 as set forth
below:
0
1. The authority citation for 48 CFR parts 501, 511, and 552 continues
to read as follows:
Authority: 40 U.S.C. 121(c).
PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION SERVICES
501.106 [Amended]
0
2. Amend section 501.106, in the table, by--
0
a. Removing the GSAR reference number ``511.104-70'' and its
corresponding OMB Control Number ``3090-0203'';
0
b. Removing GSAR reference number ``511.204(d)'' and adding
``511.204(c)'' in its place; and
0
c. Removing GSAR reference numbers ``511.404(a)(1), 511.404(a)(2),
511.404(a)(5), 552.211-8, 552.211-78, and 552.211-82'' and their
corresponding OMB Control Number ``3090-0204''.
PART 511--DESCRIBING AGENCY NEEDS
Subpart 511.1 [Removed]
0
3. Remove subpart 511.1.
0
4. Revise section 511.204 to read as follows:
511.204 Solicitation provisions and contract clauses.
(a) Federal specifications. The contracting officer shall insert
the clause at 552.211-72, Reference to Specifications in Drawings, in
solicitations and contracts citing Federal or agency specifications
that contain drawings.
(b) Supply contracts that exceed the simplified acquisition
threshold. (1) The contracting officer shall include the clause at
552.211-73, Marking, 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.
(2) The contracting officer shall include the clause at 552.211-75,
Preservation, Packaging, and Packing, in solicitations and contracts
for supplies expected to exceed the simplified acquisition threshold.
The contracting officer may also include the clause in contracts
estimated to be at or below the simplified acquisition threshold when
appropriate. The contracting officer shall use Alternate I in
solicitations and contracts for--
(i) Federal Supply Schedule 70 and the Consolidated Products and
Services Schedule containing information technology Special Item
Numbers; or
(ii) Federal Supply Schedules for recovery purchasing (see
538.7102).
(3) The contracting officer shall 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) The contracting officer shall include the clause 552.211-85,
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.
(5) The contracting officer shall include the clause 552.211-86,
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.
(6) The contracting officer shall include the clause 552.211-87,
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.
(7) The contracting officer shall include the clause 552.211-88,
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.
(8) The contracting officer shall include the clause at 552.211-89,
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.
(9) The contracting officer shall include the clause 552.211-90,
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) The contracting officer shall include the clause 552.211-91,
Vehicle 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) The contracting officer shall include the clause 552.211-92,
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.
(12) The contracting officer shall include the clause 552.211-93,
Unique Item Identification (UID), in solicitations and contracts for
supplies when deliveries may be made to military activities and a
single item exceeds $5,000.00 in cost.
(c) Supply contracts. The contracting officer shall 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) FSS Schedule 70 and the Consolidated Products and Services
Schedule containing information technology Special Item Numbers; or
(2) Federal Supply Schedules for recovery purchasing (see
538.7102).
0
5. Revise section 511.404 to read as follows:
511.404 Contract clauses.
In supply contracts, the contracting officer shall use the clauses
as specified in this section.
(a) Shelf-life items. The contracting officer shall 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:
(1) The contracting officer shall 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.
[[Page 66254]]
(2) The contracting officer shall 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.
(b) Stock replenishment contracts. The contracting officer shall
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, the contracting officer
shall use Alternate I.
(c) Indeterminate testing time. The contracting officer shall
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, the contracting officer shall use Alternate I.
(d) The contracting officer shall insert the clause at 552.211-94,
Time of Delivery, in solicitations and contracts for supplies for the
Stock Program when neither of the FAR delivery clauses (FAR 52.211-8 or
52.211-9) is suitable.
0
6. 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 (DOC) has delegated to GSA the
authority to use the DPAS under certain conditions. DPAS Delegation 3
restricts use of DPAS authority to GSA supply system procurement in
support of the Department of Defense (DoD), Department of Energy (DoE),
and Federal Emergency Management Agency (FEMA) approved programs.
511.601 [Removed and Reserved]
0
7. Remove and reserve section 511.601.
0
8. Revise section 511.602 to read as follows:
511.602 General.
(a) The purpose of the DPAS is to assure the timely availability of
industrial resources to meet current national defense, energy, and
civil emergency preparedness program requirements and to provide an
operating system to support rapid industrial response in a national
emergency. The primary statutory authority for the DPAS is Title I of
the Defense Production Act of 1950, as amended, with additional
authority from the Selective Service Act of 1948 and the Robert T.
Stafford Disaster Relief and Emergency Assistance Act. Executive Orders
12919 and 12742 delegate to the DOC authority to administer the DPAS.
Within the DOC, the Office of Strategic Industries and Economic
Security (SIES) is assigned responsibility for DPAS implementation,
administration, and compliance.
(b) The DPAS is published in the Code of Federal Regulations at 15
CFR part 700. This regulation provides an overview, a detailed
explanation of operations and procedures, and other implementing
guidance, including information on special priorities assistance and
compliance.
(c) Orders placed under DPAS are ``rated orders.'' Rated orders
must receive preferential treatment only as necessary to meet delivery
requirements. Rated orders are identified by a rating symbol of either
``DX'' or ``DO'' followed by a program identification symbol. 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. A program identification symbol indicates which
approved program is supported by the rated order.
(d) The authority delegated to GSA shall not be used to support the
procurement of any items that--
(1) Are commonly available in commercial markets for general
consumption;
(2) Do not require major modification when purchased for approved
program use;
(3) Are readily available in sufficient quantity so as to cause no
delay in meeting approved program requirements; or
(4) Are to be used primarily for administrative purposes (including
Federal Supply Classification (FSC) classes, groups, or items), such as
for personnel or financial management. The Commissioner, FAS, shall
issue additional guidance, as may be necessary, to ensure effective
implementation of its delegated DPAS authority.
0
9. Revise section 511.603 to read as follows:
511.603 Procedures.
(a) A DPAS rating may be placed against an entire contract at time
of award or an individual order issued under an existing, otherwise
unrated, contract. FAR 11.604 requires contracting officers to insert
the provision at 52.211-14, Notice of Priority Rating for National
Defense, Emergency Preparedness, and Energy Program Use, in
solicitations when the contract or order to be awarded will be a rated
order and to insert the clause at 52.211-15, Defense Priority and
Allocation Requirements, in contracts that are rated orders.
(b) In addition to the FAR provision and clause referenced in
paragraph (a) of this section, the contract or order must include the
following (see 15 CFR 700.12):
(1) The appropriate priority rating symbol (i.e., either ``DO'' or
``DX'') along with the program identification symbol. When GSA
contracting officers place DO rated orders, they must use program
identification symbol ``K1''. When placing a DX-rated order for other
agencies, GSA contracting officers must use the requesting agency
program identification symbol from the DoD Master Urgency List and may
only do so when GSA is acting as the procuring agent for DoD or DoE and
has received a ``DX'' rated contract or order from either department.
(2) A required delivery date. The words ``as soon as possible'' or
``immediately'' do not constitute a required delivery date. Use of
either a specific date or a specified number of days ARO (after receipt
of order) is acceptable.
(3) The written signature on a manually placed order, or the
digital signature or name on an electronically placed order of an
individual authorized to place rated orders.
(4) A statement that reads substantially as follows: ``This is a
rated order certified for national defense use, and you are required to
follow all the provisions of the Defense Priorities and Allocations
System regulation (15 CFR part 700)''.
(c) Multiple and Single Award Schedule contracts are not rated at
time of award.
511.604 [Removed]
0
10. Remove section 511.604.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
552.211-8 [Removed]
0
11. Remove section 552.211-8.
552.211-15 [Removed]
0
12. Remove section 552.211-15.
552.211-71 [Removed and Reserved]
0
13. Remove and reserve section 552.211-71.
[[Page 66255]]
552.211-72 [Amended]
0
14. Amend section 552.211-72 by removing from the introductory
paragraph ``511.204(b)'' and adding ``511.204(a)'' in its place.
552.211-73 [Amended]
0
15. Amend section 552.211-73 by removing from the introductory
paragraph ``511.204(c)(1)'' and adding ``511.204(b)(1)'' in its place.
552.211-74 [Removed and Reserved]
0
16. Remove and reserve section 552.211-74.
552.211-75 [Amended]
0
17. Amend section 552.211-75 by removing from the introductory
paragraph and the Alternate I introductory paragraph ``511.204(c)(3)''
and adding ``511.204(b)(2)'' in its place (twice).
0
18. Revise section 552.211-76 to read as follows:
552.211-76 Charges for packaging, packing, and marking.
As prescribed in 511.204(b)(3), insert a clause substantially as
follows:
Charges for Packaging, Packing, and Marking (Jan 2010)
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 Acquisition Service, or a designee.
552.211-77 [Amended]
0
19. Amend section 552.211-77 by removing from the introductory
paragraph ``511.204(d)'' and adding ``511.204(c)'' in its place.
552.211-78 [Removed and Reserved]
0
20. Remove and reserve section 552.211-78.
552.211-79 [Amended]
0
21. Amend section 552.211-79 by removing from the introductory
paragraph ``511.404(a)(3)(i)'' and adding ``511.404(a)(1)'' in its
place.
552.211-80 [Amended]
0
22. Amend section 552.211-80 by removing from the introductory
paragraph ``511.404(a)(3)(ii)'' and adding ``511.404(a)(2)'' in its
place.
552.211-81 [Amended]
0
23. Amend section 552.211-81 by removing from the introductory
paragraph ``511.404(a)(4)'' and adding ``511.404(b)'' in its place.
552.211-82 [Removed and Reserved]
0
24. Remove and reserve section 552.211-82.
552.211-83 [Amended]
0
25. Amend section 552.211-83 by removing from the introductory
paragraph ``511.404(a)(6)'' and adding ``511.404(c)'' in its place.
552.211-84 [Removed and Reserved]
0
26. Remove and reserve section 552.211-84.
0
27. Add sections 552.211-85 through 552.211-94 to read as follows:
552.211-85 Consistent pack and package requirements.
As prescribed in 511.204(b)(5), insert the following clause:
Consistent Pack and Package Requirements (Jan 2010)
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.
(End of clause)
552.211-86 Maximum weight per shipping container.
As prescribed in 511.204(b)(6), insert the following clause:
Maximum Weight per Shipping Container (Jan 2010)
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)
552.211-87 Export packing.
As prescribed in 511.204(b)(7), insert the following clause:
Export Packing (Jan 2010)
(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)
552.211-88 Vehicle export preparation.
As prescribed in 511.204(b)(8), insert the following clause:
Vehicle Export Preparation (Jan 2010)
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)
552.211-89 Non-manufactured wood packaging material for export.
As prescribed in 511.204(b)(4), insert the following clause:
Non-Manufactured Wood Packaging Material for Export (Jan 2010)
(a) Definitions:
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.
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
[[Page 66256]]
board, oriented strand board, veneer, wood wool, and similar
materials, which has been created using glue, heat and pressure or a
combination thereof.
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.
(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)
552.211-90 Small parts.
As prescribed in 511.204(b)(9), insert the following clause:
Small Parts (Jan 2010)
All small parts required to be furnished 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)
552.211-91 Vehicle decals, stickers, and data plates.
As prescribed in 511.204(b)(10), insert the following clause:
Vehicle Decals, Stickers, and Data Plates (Jan 2010)
Unless otherwise specified, caution plates/decals shall be
conspicuously installed for all equipment requiring such notices.
Vehicles for civil agencies 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.
(End of clause)
552.211-92 Radio Frequency Identification (RFID) using passive tags.
As prescribed in 511.204(b)(11), insert the following clause:
Radio Frequency Identification (RFID) Using Passive Tags (Jan 2010)
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 252.211-7006. 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)
552.211-93 Unique Item Identification (UID).
As prescribed in 511.204(b)(12), insert the following clause:
Unique Item Identification (UID) (Jan 2010)
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 the 48 Code of Federal Regulations.
(End of clause)
552.211-94 Time of delivery.
As prescribed at 511.404(d), insert the following clause:
Time of Delivery (Jan 2010)
An ``X'' mark in the left hand block shall be considered a
mandatory requirement to be fulfilled by the contractor.
------------------------------------------------------------------------
------------------------------------------------------------------------
The Contractor will ship contract item(s) to
the Federal 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.
------------------------------------------------------------------------
[[Page 66257]]
(End of clause)
[FR Doc. E9-29753 Filed 12-14-09; 8:45 am]
BILLING CODE 6820-61-P
