General Services Administration Acquisition Regulation; Rewrite of Part 512, Acquisition of Commercial Items, 5241-5243 [2010-2180]
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Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations
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International Registered Mail
[Reserved for Product Description]
International Return Receipt
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International Insurance
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Negotiated Service Agreements
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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
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SUMMARY:
VerDate Nov<24>2008
14:43 Feb 01, 2010
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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: https://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:
■
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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.
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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
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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
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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.
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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
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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
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14:43 Feb 01, 2010
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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]
=======================================================================
-----------------------------------------------------------------------
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
