General Services Administration Acquisition Regulation; Rewrite of Part 512, Acquisition of Commercial Items, 5241-5243 [2010-2180]

Download as PDF Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations [Reserved for Product Description] International Ancillary Services [Reserved for Product Description] International Certificate of Mailing [Reserved for Product Description] International Registered Mail [Reserved for Product Description] International Return Receipt [Reserved for Product Description] International Restricted Delivery [Reserved for Product Description] International Insurance [Reserved for Product Description] Negotiated Service Agreements [Reserved for Group Description] Domestic [Reserved for Product Description] Outbound International [Reserved for Group Description] Part C—Glossary of Terms and Conditions [Reserved] Part D—Country Price Lists for International Mail [Reserved] [FR Doc. 2010–2066 Filed 2–1–10; 8:45 am] BILLING CODE 7710–FW–S FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 80 [WT Docket No. 04–257 and RM–10743; FCC 10–6] Maritime Communications AGENCY: Federal Communications Commission. ACTION: Final rule. In this document, the Federal Communications Commission (Commission or FCC) furthers its ongoing efforts to ensure that its rules governing the Maritime Radio Services continue to promote maritime safety, maximize effective and efficient use of the spectrum available for maritime communications, accommodate technological innovation, avoid unnecessary regulatory burdens, and maintain consistency with international maritime standards to the extent consistent with the United States public interest. DATES: Effective April 5, 2010. FOR FURTHER INFORMATION CONTACT: Stana Kimball, Mobility Division, Wireless Telecommunications Bureau, at Stanislava.Kimball@FCC.gov or at (202) 418–1306, or TTY (202) 418–7233. SUPPLEMENTARY INFORMATION: This is a summary of the Federal Communications Commission’s Memorandum Opinion and Order in WT Docket No. 04–257, FCC 10–6, adopted on January 6, 2010, and released on January 7, 2010. The full text of this document is available for inspection and copying during normal erowe on DSKG8SOYB1PROD with RULES SUMMARY: VerDate Nov<24>2008 14:43 Feb 01, 2010 Jkt 220001 business hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC 20554. The complete text may be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554. The full text may also be downloaded at: http://www.fcc.gov. Alternative formats are available to persons with disabilities by sending an e-mail to fcc504@fcc.gov or by calling the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice), 202–418–0432 (tty). 1. The WT Docket No. 04–257 rulemaking proceeding was established to develop rules to provide to VHF Public Coast (VPC) and Automated Maritime Telecommunications System (AMTS) licensees additional operational flexibility by permitting them to offer private correspondence service to units on land. The Memorandum Opinion and Order (MO&O) in WT Docket No. 04–257 addresses the petitions for reconsideration of the Report and Order in this proceeding, published at 72 FR 31192, June 6, 2007. In the MO&O in WT Docket No. 04–257, the Commission amends § 80.385(a)(1) of the its rules by eliminating the words ‘‘interconnected’’ and ‘‘integrated.’’ This action is consistent with the identical amendments to §§ 80.5 and 80.475(d) made in the Report and Order in this proceeding. I. Procedural Matters A. Paperwork Reduction Act 2. This document does not contain proposed information collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new or modified ‘‘information collection burden for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). List of Subjects in 47 CFR Part 80 Communications equipment, Radio. Federal Communications Commission. Gloria J. Miles, Federal Register Liaison. Rule Changes For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 80 as follows: ■ PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 5241 PART 80—STATIONS IN THE MARITIME SERVICES 1. The authority citation for part 80 continues to read as follows: ■ Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless otherwise noted. Interpret or apply 48 Stat. 1064–1068, 1081–1105, as amended; 47 U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST 4726, 12 UST 2377. 2. Amend § 80.385 by revising paragraph (a)(1) to read as follows: ■ § 80.385 Frequencies for automated systems. * * * * * (a) * * * (1) The Automatic Maritime Communications System (AMTS) is an automatic maritime telecommunications system. * * * * * [FR Doc. 2010–2095 Filed 2–1–10; 8:45 am] BILLING CODE 6712–01–P GENERAL SERVICES ADMINISTRATION 48 CFR Parts 512 and 552 [GSAR Amendment 2010–01; GSAR Case 2008–G504 (Change 43); Docket GSAR– 2010–0001; Sequence 1] RIN 3090–AI61 General Services Administration Acquisition Regulation; Rewrite of Part 512, Acquisition of Commercial Items AGENCIES: Office of Acquisition Policy, General Services Administration (GSA). ACTION: Final rule. SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to update the text addressing the acquisition of commercial items. This rule is a result of the GSAM Rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the Federal Acquisition Regulation, and to 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. DATES: Effective Date: March 4, 2010 FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. Michael O. Jackson, Procurement Analyst, at (202) 208–4949. For E:\FR\FM\02FER1.SGM 02FER1 5242 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations 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 GSAR Amendment 2010–01, GSAR case 2008–G504 (Change 43). SUPPLEMENTARY INFORMATION: A. Background The GSAR Rewrite Project and Process GSA published an Advance Notice of Proposed Rulemaking (ANPR) in the Federal Register at 71 FR 7910 on February 15, 2006, with request for comments on all parts of the GSAM. As a result, four comments were received on GSAR part 512. These comments are addressed below. In addition, internal review comments have been incorporated, as appropriate. A proposed rule for the regulatory portion of the GSAM was published in the Federal Register at 73 FR 44953 on August 1, 2008. The public comment period for GSAR part 512 closed on September 30, 2008, and no comments were received. erowe on DSKG8SOYB1PROD with RULES The Rewrite of GSAR Part 512 This final rule contains the revisions made to GSAR Part 512, Acquisition of Commercial Items. The rule revises GSAR part 512 to address the text at GSAR 512.301, Solicitation provisions and contract clauses for the acquisition of commercial items. Section 512.203 has been revised to add language regarding using GSAM part 512 for construction contracts. GSAR clauses 552.212–70, Preparation of Offer (Multiple Award Schedule), and 552.212–73, Evaluation—Commercial Items (Multiple Award Schedule), are proposed for deletion from GSAR part 512 and proposed to be moved to GSAR Part 538, Federal Supply Schedule Contracting, as these GSAR clauses are a better fit in GSAR part 538. GSAR clauses 552.212–71, Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items and 552.212–72, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items, are retained with no changes. Discussion of Comments A proposed rule for the regulatory portion of the GSAM was published in the Federal Register on August 1, 2008, at 73 FR 44953. The public comment period for GSAR part 512 closed on September 30, 2008, and no comments were received. Four comments covering GSAR part 512 were received in response to the Advanced Notice of VerDate Nov<24>2008 14:43 Feb 01, 2010 Jkt 220001 Proposed Rulemaking. A discussion of these comments is provided below: Comment: Add a clause to the GSAM that allows for use of FAR part 12 in relation to constructions or remodeling of real property. Response: Section 512.203 has been revised to add language regarding using GSAM part 512 for construction contracts. Comment: Revise the GSAR to address inconsistencies and duplications between and among GSA contract clauses and FAR part 12 that are often included in a single contract. Response: The clauses were reviewed and any inconsistencies were eliminated to the maximum extent possible. Comment: Revise the GSAR to encourage contracting officers to consider a vendor’s commercial practices and policies during negotiation of contract terms and conditions consistent with the contracting officer’s ability to tailor clauses under FAR 12.302. Response: Current FAR part 12 requires contracting officers to consider a vendor’s commercial practices and policies during negotiations of contract terms and conditions. Comment: Revise the GSAR to eliminate inconsistencies and redundancies between the FAR and GSAR in the context of a Federal Supply Schedule, specifically citing Federal Supply Schedule 70. Response: The Federal Supply Schedule clauses have been reviewed and are being published in GSAM part 538. Inconsistencies and redundancies between the FAR and GSAR were eliminated to the maximum extent possible. 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 the revisions are not considered substantive. The revisions only update and reorganize existing coverage. This is not a substantive change. Therefore, a Regulatory Flexibility Analysis was not performed. In accordance with 5 U.S.C. 610, the proposed rule requested comments from small entities concerning this PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 assessment, and no comments were received. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the GSAR do not impose recordkeeping or information collection requirements, or otherwise collect information from offerors, contractors, or members of the public that require approval of the Office of Management and Budget under 44 U.S.C. Chapter 35, et seq. List of Subjects in 48 CFR Parts 512 and 552 Government procurement. Dated: January 26, 2010. David A. Drabkin, Senior Procurement Executive, Office of Acquisition Policy, General Services Administration. Therefore, GSA amends 48 CFR parts 512 and 552 as set forth below: ■ 1. The authority citation for 48 CFR parts 512 and 552 continues to read as follows: ■ Authority: 40 U.S.C. 121(c). PART 512—ACQUISITION OF COMMERCIAL ITEMS 2. Revise section 512.301 to read as follows: ■ 512.301 Solicitation provisions and contract clauses for the acquisition of commercial items. (a) Solicitation provisions and clauses. Insert these provisions or clauses in solicitations or solicitations and contracts, respectively, in accordance with the instructions provided: (1) 552.212–71, Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items, when listed clauses apply. The clause provides for incorporation by reference of terms and conditions which are, to the maximum extent practicable, consistent with customary commercial practice. If necessary, tailor this clause. (2) 552.212–72, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisitions of Commercial Items, when listed clauses apply. The clause provides for the incorporation by reference of terms and conditions required to implement provisions of law or executive orders that apply to commercial item acquisitions. (b) Discretionary use of GSAR provisions and clauses. Consistent with the limitations contained in FAR 12.302(c), include in solicitations and contracts by addendum other GSAR provisions and clauses. E:\FR\FM\02FER1.SGM 02FER1 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations 5243 Federal Register on June 12, 2008 (73 FR 33326–30) to reflect reorganization of some elements of DOT and the move of DOT’s Headquarters site in Washington, DC. DATES: The amendments are effective February 2, 2010. FOR FURTHER INFORMATION CONTACT: Robert I. Ross, Office of the General Counsel, C–60, Room W96–314, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590; telephone 202.366.9156; fax 202.366.9170; e-mail: bob.ross@dot.gov. SUPPLEMENTARY INFORMATION: These corrections affect the following: 1. DOT moved its Headquarters in Washington, DC to a new site. 2. The Chief Information Officer has replaced the Assistant Secretary for Administration as the DOT Chief Privacy Officer. 3. A mistake was made in the definition of ‘‘Department’’ in our Freedom of Information regulations. 4. The list of exemptions in our Freedom of Information regulations are reorganized and corrected to reflect the transfer of motor carrier safety oversight from the Federal Highway Administration to the Federal Motor Carrier Safety Administration. Since this amendment relates to departmental management, organization, procedure, and practice, notice and comment are unnecessary under 5 U.S.C. 553(b). Further, since the amendment expedites the Department’s ability to meet the statutory intent of the applicable laws and regulations covered by this delegation, I find good cause under 5 U.S.C. 553(d)(3) for the final rule to be effective on the date of publication in the Federal Register. requirements of Executive Order 13132 do not apply. 4. Remove and reserve section 552.212–73. Regulatory Analyses and Notices List of Subjects [FR Doc. 2010–2180 Filed 2–1–10; 8:45 am] A. Executive Order 12866 and DOT Regulatory Policies and Procedures 49 CFR Part 7 (c) Use of additional provisions and clauses. The Senior Procurement Executive must approve the use of a provision or clause that is either not: (1) Prescribed in the FAR or GSAR for use in contracts for commercial items. (2) Consistent with customary commercial practice. (d) In solicitations issued in conjunction with the policy and procedures in FAR part 14, Sealed Bidding; or FAR part 15, Contracting by Negotiation, include the two notices in paragraphs (d)(1) and (d)(2) of this section, except that acquisitions of leasehold interests in real property, must include only the notice in paragraph (d)(1) of this section. (1) The information collection requirements contained in this solicitation/contract are either required by regulation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090–0163. (2) The General Services Administration’s hours of operation are 8 a.m. to 4:30 p.m. Requests for preaward debriefings postmarked or otherwise submitted after 4:30 p.m. will be considered submitted the following business day. Requests for postaward debriefings delivered after 4:30 p.m. will be considered received and filed the following business day. PART 552—SOLICITATIONS PROVISIONS AND CONTRACT CLAUSES 552.212–70 [Removed and Reserved] 3. Remove and reserve section 552.212–70. ■ 552.212–73 [Removed and Reserved] ■ BILLING CODE 6820–61–P [Docket No. OST–2009–0173] This final rule is not considered a significant regulatory action under Executive Order 12866 and DOT Regulatory Policies and Procedures (44 FR 11034). It was not reviewed by the Office of Management and Budget. There are no costs associated with this rule. RIN 2105–AD82 B. Executive Order 13132 OST Technical Corrections This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (‘‘Federalism’’). This final rule does not have a substantial direct effect on, or sufficient federalism implications for, the States, nor would it limit the policymaking discretion of the States. Therefore, the consultation DEPARTMENT OF TRANSPORTATION Office of the Secretary erowe on DSKG8SOYB1PROD with RULES 49 CFR Parts 7, 10, and 40 AGENCY: Office of the Secretary (OST), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: DOT is making corrections to amendments to a number of its regulations that were published in the VerDate Nov<24>2008 14:43 Feb 01, 2010 Jkt 220001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 C. Executive Order 13175 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (‘‘Consultation and Coordination with Indian Tribal Governments’’). Because this final rule does not significantly or uniquely affect the communities of the Indian tribal governments and does not impose substantial direct compliance costs, the funding and consultation requirements of Executive Order 13175 do not apply. D. Regulatory Flexibility Act Because no notice of proposed rulemaking is required for this rule under the Administrative Procedure Act, 5 U.S.C. 553, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. We also do not believe this rule would impose any costs on small entities because it simply delegates authority from one official to another and makes other nonsubstantive corrections. Therefore, I certify this final rule will not have a significant economic impact on a substantial number of small entities. E. Paperwork Reduction Act This rule contains no information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). F. Unfunded Mandates Reform Act The Department of Transportation has determined that the requirements of Title II of the Unfunded Mandates Reform Act of 1995 do not apply to this rulemaking. Freedom of information, Reporting and recordkeeping requirements. 49 CFR Part 10 Penalties, Privacy. 49 CFR Part 40 Administrative practice and procedure, Drug testing, Laboratories, Reporting and recordkeeping requirements, Safety, Transportation. ■ For the reasons discussed in the preamble, Subtitle A of title 49, Code of Federal Regulations, is amended as follows: PART 7—PUBLIC AVAILABILITY OF INFORMATION 1. The authority citation for part 7 continues to read as follows: ■ E:\FR\FM\02FER1.SGM 02FER1

Agencies

[Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
[Rules and Regulations]
[Pages 5241-5243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2180]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 512 and 552

[GSAR Amendment 2010-01; GSAR Case 2008-G504 (Change 43); Docket GSAR-
2010-0001; Sequence 1]
RIN 3090-AI61


General Services Administration Acquisition Regulation; Rewrite 
of Part 512, Acquisition of Commercial Items

AGENCIES: Office of Acquisition Policy, General Services Administration 
(GSA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The General Services Administration (GSA) is amending the 
General Services Administration Acquisition Regulation (GSAR) to update 
the text addressing the acquisition of commercial items. This rule is a 
result of the GSAM Rewrite initiative undertaken by GSA to revise the 
GSAM to maintain consistency with the Federal Acquisition Regulation, 
and to 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.

DATES: Effective Date: March 4, 2010

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Michael O. Jackson, Procurement Analyst, at (202) 208-4949. For

[[Page 5242]]

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 GSAR Amendment 2010-
01, GSAR case 2008-G504 (Change 43).

SUPPLEMENTARY INFORMATION:

A. Background

The GSAR Rewrite Project and Process

    GSA published an Advance Notice of Proposed Rulemaking (ANPR) in 
the Federal Register at 71 FR 7910 on February 15, 2006, with request 
for comments on all parts of the GSAM. As a result, four comments were 
received on GSAR part 512. These comments are addressed below. In 
addition, internal review comments have been incorporated, as 
appropriate. A proposed rule for the regulatory portion of the GSAM was 
published in the Federal Register at 73 FR 44953 on August 1, 2008. The 
public comment period for GSAR part 512 closed on September 30, 2008, 
and no comments were received.

The Rewrite of GSAR Part 512

    This final rule contains the revisions made to GSAR Part 512, 
Acquisition of Commercial Items. The rule revises GSAR part 512 to 
address the text at GSAR 512.301, Solicitation provisions and contract 
clauses for the acquisition of commercial items. Section 512.203 has 
been revised to add language regarding using GSAM part 512 for 
construction contracts. GSAR clauses 552.212-70, Preparation of Offer 
(Multiple Award Schedule), and 552.212-73, Evaluation--Commercial Items 
(Multiple Award Schedule), are proposed for deletion from GSAR part 512 
and proposed to be moved to GSAR Part 538, Federal Supply Schedule 
Contracting, as these GSAR clauses are a better fit in GSAR part 538. 
GSAR clauses 552.212-71, Contract Terms and Conditions Applicable to 
GSA Acquisition of Commercial Items and 552.212-72, Contract Terms and 
Conditions Required to Implement Statutes or Executive Orders 
Applicable to GSA Acquisition of Commercial Items, are retained with no 
changes.

Discussion of Comments

    A proposed rule for the regulatory portion of the GSAM was 
published in the Federal Register on August 1, 2008, at 73 FR 44953. 
The public comment period for GSAR part 512 closed on September 30, 
2008, and no comments were received. Four comments covering GSAR part 
512 were received in response to the Advanced Notice of Proposed 
Rulemaking. A discussion of these comments is provided below:
    Comment: Add a clause to the GSAM that allows for use of FAR part 
12 in relation to constructions or remodeling of real property.
    Response: Section 512.203 has been revised to add language 
regarding using GSAM part 512 for construction contracts.
    Comment: Revise the GSAR to address inconsistencies and 
duplications between and among GSA contract clauses and FAR part 12 
that are often included in a single contract.
    Response: The clauses were reviewed and any inconsistencies were 
eliminated to the maximum extent possible.
    Comment: Revise the GSAR to encourage contracting officers to 
consider a vendor's commercial practices and policies during 
negotiation of contract terms and conditions consistent with the 
contracting officer's ability to tailor clauses under FAR 12.302.
    Response: Current FAR part 12 requires contracting officers to 
consider a vendor's commercial practices and policies during 
negotiations of contract terms and conditions.
    Comment: Revise the GSAR to eliminate inconsistencies and 
redundancies between the FAR and GSAR in the context of a Federal 
Supply Schedule, specifically citing Federal Supply Schedule 70.
    Response: The Federal Supply Schedule clauses have been reviewed 
and are being published in GSAM part 538. Inconsistencies and 
redundancies between the FAR and GSAR were eliminated to the maximum 
extent possible.
    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 the revisions are not considered 
substantive. The revisions only update and reorganize existing 
coverage.
    This is not a substantive change. Therefore, a Regulatory 
Flexibility Analysis was not performed. In accordance with 5 U.S.C. 
610, the proposed rule requested comments from small entities 
concerning this assessment, and no comments were received.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the GSAR do not impose recordkeeping or information collection 
requirements, or otherwise collect information from offerors, 
contractors, or members of the public that require approval of the 
Office of Management and Budget under 44 U.S.C. Chapter 35, et seq.

List of Subjects in 48 CFR Parts 512 and 552

    Government procurement.

    Dated: January 26, 2010.
David A. Drabkin,
Senior Procurement Executive, Office of Acquisition Policy, General 
Services Administration.

0
Therefore, GSA amends 48 CFR parts 512 and 552 as set forth below:
0
1. The authority citation for 48 CFR parts 512 and 552 continues to 
read as follows:

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

PART 512--ACQUISITION OF COMMERCIAL ITEMS

0
2. Revise section 512.301 to read as follows:


512.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    (a) Solicitation provisions and clauses. Insert these provisions or 
clauses in solicitations or solicitations and contracts, respectively, 
in accordance with the instructions provided:
    (1) 552.212-71, Contract Terms and Conditions Applicable to GSA 
Acquisition of Commercial Items, when listed clauses apply. The clause 
provides for incorporation by reference of terms and conditions which 
are, to the maximum extent practicable, consistent with customary 
commercial practice. If necessary, tailor this clause.
    (2) 552.212-72, Contract Terms and Conditions Required to Implement 
Statutes or Executive Orders Applicable to GSA Acquisitions of 
Commercial Items, when listed clauses apply. The clause provides for 
the incorporation by reference of terms and conditions required to 
implement provisions of law or executive orders that apply to 
commercial item acquisitions.
    (b) Discretionary use of GSAR provisions and clauses. Consistent 
with the limitations contained in FAR 12.302(c), include in 
solicitations and contracts by addendum other GSAR provisions and 
clauses.

[[Page 5243]]

    (c) Use of additional provisions and clauses. The Senior 
Procurement Executive must approve the use of a provision or clause 
that is either not:
    (1) Prescribed in the FAR or GSAR for use in contracts for 
commercial items.
    (2) Consistent with customary commercial practice.
    (d) In solicitations issued in conjunction with the policy and 
procedures in FAR part 14, Sealed Bidding; or FAR part 15, Contracting 
by Negotiation, include the two notices in paragraphs (d)(1) and (d)(2) 
of this section, except that acquisitions of leasehold interests in 
real property, must include only the notice in paragraph (d)(1) of this 
section.
    (1) The information collection requirements contained in this 
solicitation/contract are either required by regulation or approved by 
the Office of Management and Budget pursuant to the Paperwork Reduction 
Act and assigned OMB Control No. 3090-0163.
    (2) The General Services Administration's hours of operation are 8 
a.m. to 4:30 p.m. Requests for preaward debriefings postmarked or 
otherwise submitted after 4:30 p.m. will be considered submitted the 
following business day. Requests for postaward debriefings delivered 
after 4:30 p.m. will be considered received and filed the following 
business day.

PART 552--SOLICITATIONS PROVISIONS AND CONTRACT CLAUSES


552.212-70   [Removed and Reserved]

0
3. Remove and reserve section 552.212-70.


552.212-73   [Removed and Reserved]

0
4. Remove and reserve section 552.212-73.

[FR Doc. 2010-2180 Filed 2-1-10; 8:45 am]
BILLING CODE 6820-61-P