General Services Administration Acquisition Regulation; Rewrite of GSAR Part 516, Types of Contracts, 41093-41097 [2010-17140]
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Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations
This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed 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).
Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an e–mail to fcc504@fcc.gov or call
the Consumer & Government Affairs
Bureau at 202–418–0530 (voice) , 202–
418–0432 (tty).
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
As stated in the preamble, the Federal
Communications Commission amends
47 CFR part 73 as follows:
■
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334,
336.
■
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Texas, is amended by
adding Kingsland, Channel 284A.
■
Federal Communications Commission.
John A. Karousos,
Assistant Chief,
Audio Division,
Media Bureau.
[FR Doc. 2010–17225 Filed 7–14–10; 8:45 am]
BILLING CODE 6712–01–S
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 10–1148; MB Docket No. 09–130; RM–
11538]
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FM Table of Allotments, Maupin,
Oregon
AGENCY: Federal Communications
Commission
ACTION: Final rule.
SUMMARY: The Audio Division grants the
Petition for Reconsideration filed on
behalf of Maupin Broadcasting
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Company, requesting the deletion of
Channel 244C2 at Maupin, Oregon. We
are deleting Channel 244C2 at Maupin
because there is no other expression of
interest in the vacant channel. It is
Commission policy to refrain from
maintaining an allotment were there are
no bona fide expressions of interest.
Effective August 12, 2010.
Federal Communications
Commission, 445 12th Street, SW,
Washington, DC 20554.
DATES:
ADDRESSES:
41093
As stated in the preamble, the Federal
Communications Commission amends
47 CFR part 73 as follows:
■
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334,
336.
■
§ 73.202
[Amended]
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2180.
■
This is a
summary of the Commission’s
Memorandum Opinion and Order, MB
Docket No. 09–130, adopted June 25,
2010, and released June 28, 2010. The
full text of this Commission document
is available for inspection and copying
during normal business hours in the
FCC Reference Information Center
(Room CY–A257), 445 12th Street, SW.,
Washington, DC.
The complete text of this decision
may also be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street,
SW, Room CY–B402, Washington, DC
20554, 800–378–3160 or via the
company’s website, <https://
www.bcpiweb.com>.
The Commission will send a copy of
this Memorandum Opinion and Order
in a report to be sent to Congress and
the Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed 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).
Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an e–mail to fcc504@fcc.gov or call
the Consumer & Government Affairs
Bureau at 202–418–0530 (voice) , 202–
418–0432 (tty).
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
SUPPLEMENTARY INFORMATION:
List of Subjects in 47 CFR Part 73
PO 00000
Radio, Radio broadcasting.
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2. Section 73.202(b), the Table of FM
Allotments under Oregon, is amended
by removing Maupin, Channel 244C2.
[FR Doc. 2010–17226 Filed 7–14–10; 8:45 am]
BILLING CODE 6712–01–S
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 516 and 552
[GSAR Amendment 2010–03; GSAR Case
2006–G504 (Change 46) Docket 2008–0007;
Sequence 12]
RIN 3090–AI58
General Services Administration
Acquisition Regulation; Rewrite of
GSAR Part 516, Types of Contracts
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 GSAR Part 516, Types of
Contracts. GSAR part 516 has been
revised to add and/or clarify policy
pertaining to requirements for types of
contracts.
DATES:
Effective Date: August 16, 2010.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Warren J. Blankenship, Procurement
Analyst, at (202) 501–1900. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat (MVCB), Room
4041, 1800 F Street, NW., Washington,
DC, 20405, (202) 501–4755. Please cite
Amendment 2010–03, GSAR Case 2006–
G504 (Change 46).
SUPPLEMENTARY INFORMATION:
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Letter Contracts.
A. Background
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The GSAM Rewrite and Project and
Process
This rule is part of the GSA
Acquisition Manual (GSAM) Rewrite
Project to revise the regulation in order
to maintain consistency with the
Federal Acquisition Regulation (FAR),
update regulations, and implement
streamlined and innovative acquisition
procedures. The GSAM incorporates the
GSAR as well as internal agency
acquisition policy.
The GSA published an Advance
Notice of Proposed Rulemaking (ANPR)
in the Federal Register at 71 FR 7910 on
February 15, 2006, with a request for
comments on the entire GSAM. As a
result, six comments were received on
GSAR part 516. In addition, applicable
statutes, GSA Acquisition Letters,
Federal Acquisition Service (FAS)
(formerly the Federal Supply Service
(FSS)) and Public Building Service
(PBS) Acquisition Letters, and GSA
delegations of authority were
considered in developing the initial
draft. Prior to publication of a proposed
rule, there was extensive internal review
and comment.
A proposed rule for GSAR part 516
was published in the Federal Register at
73 FR 39275 on July 9, 2008. The public
comment period for GSAR part 516
closed on September 8, 2008. A total of
11 comments were received by the close
of the public comment period.
The proposed rule aligned GSAR part
516 to the structure of FAR part 16;
revised the prescriptions for clauses
included in GSAR 516.203–4, Contract
clauses; and GSAR 516.506, Solicitation
Provisions and Contract Clauses; and
made changes to the title and
numbering of GSAR 516.603–3,
Limitations. Additionally, the
associated clauses located in GSAR
552.216 were amended to: relocate
GSAR 552.216–70, Economic Price
Adjustment—FSS Multiple Award
Schedule Contracts, to GSAR 552.238;
retain and revise GSAR 552.216–71,
Economic Price Adjustment—Special
Order Program Contracts, revise GSAR
552.216–72, Placement of Orders; make
minor edits to GSAR 552.216–73,
Ordering information; and include a
new GSAR 552.216–74, Task–Order and
Delivery–Order Ombudsman.
The following subparts were retained:
Subpart Number Subpart Title
516.2
Fixed–Price Contracts.
516.4
Incentive Contracts.
516.5
Indefinite-Delivery
Contracts.
516.6
Time-and-Materials,
Labor-Hour, and
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In the final rule, these four subparts
are retained. Additionally, other
important changes include the addition
of the verbiage ‘‘Additional’’ at the
beginning of the title to GSAR 516.603–
70, Limitations on the use of letter
contracts for architect–engineer (A–E)
services and the addition of the verbiage
‘‘under the PBS Design Excellence
Program’’ added at the end of the title;
revision of paragraph (a) in GSAR
516.603–70 to clarify that a complete
price proposal is required prior to
definitization of a contract in
accordance with FAR 52.216–25;
removal of GSAR 516.603–70 from
regulatory to non–regulatory because it
provides guidance to the contracting
officer; and revisions to proposed GSAR
552.216–74, Task–Order and Delivery–
Order Ombudsman, to clarify the
Ombudsman’s role and responsibilities,
as well as, to provide contact
information.
Discussion of Comments
There were six public comments
received in response to the ANPR
published in the Federal Register at 71
FR 7910 on February 15, 2006. A
proposed rule was published in the
Federal Register at 74 FR 4596 on July
9, 2008. The comment period closed
September 8, 2008, with 11 comments
received.
Comment: One commenter noted that
the rule is unnecessarily broad in scope.
It would relax requirements for the use
of sinking lines that are already in place
and being used by many New England
lobster fisherman. Moreover, the
proposed rule would leave no
protections in place for whales during
the delay, except for the requirement to
use weak links. The National Marine
Fisheries Service (NMFS) has
determined that weak links alone are
inadequate to prevent entanglements of
whales.
Response: The team does not concur
with the commenter. This comment had
no relevance to the case therefore, no
further action was necessary.
Comment: The next commenter noted
that GSA needs to remind contracting
officers under GSAR subpart 516.2 that,
in order for a contract to be procured on
a firm fixed–price basis, the solicitation
must be based on reasonably definite
functional or detailed specification
when the contracting officer can
establish fair and reasonable prices at
the outset.
Response: The team does not concur
with the commenter. The team reviewed
FAR subpart 16.2 and found that this
topic was adequately covered.
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Comment: The next commenter noted
that GSA should require contracting
officers to include the fixed–price basis
for the requirements (e.g., performance
period, man–hours), in a solicitation/
request for quotation if it is to be
awarded and reported as a fixed–price
contract. In other words, the GSAM
should forbid contracting officers from
procuring or reporting the action as a
fixed–price contract award.
Response: The team does not concur
with the commenter. Though the team
concurs with the intent of the comment,
the comment has more to do with
coding and reporting of contract types.
Thus, this is not appropriate for this
GSAR part. The use of time–and–
management (T&M)/labor–hour vs.
fixed–price contracts is adequately
covered in FAR sections 16.601, 16.602,
and 16.202–2, respectively.
Comment: The next commenter noted
that the GSAM should prohibit GSA
contracting officers from unilaterally
reducing any hours or contract price on
GSAR subpart 516.6 not–to–exceed
contracts, or de–obligating awarded
funds without a bilateral supplemental
agreement. It may be more appropriate
to address this in GSAR part 543, but
the violations seem to occur only on
not–to–exceed (T&M/labor–hour)
contracts that are being awarded and
reported by GSA contracting officers as
fixed–price contracts.
Response: The team concurs with the
commenter; however, proper placement
of the referenced action should be made
in GSAR Part 543, Contract
Modifications.
Comment: The next commenter noted
that GSA should consider adding the
word ‘‘Additional’’ at the beginning of
the GSAR 516.603–70, Limitations on
the use of letter contracts for architect–
engineer (A–E) services. This could
serve as a simple reminder that there are
other ‘‘limitations’’ that must be
considered in accordance with FAR
16.603–3. In particular, the vast majority
of contracting officers fail to obtain the
written determination from the Head of
the Contracting Activity (HCA), or
designee, that ‘‘no other contract is
suitable.’’
Response: The team concurs with the
commenter. The text has been revised
accordingly.
Comment: The next commenter noted
that restriction placed on contractors to
submit a ‘‘price proposal before award’’
of a letter contract, at FAR 16.603–3(c),
requires contracting officers to include
in the mandated clause at FAR 52.216–
25 a ‘‘definitization schedule’’ including
‘‘(1) dates for submission of the
contractor price proposal.’’ Similarly,
the FAR clause 52.216–25 itself
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includes notes to the contracting officer
to insert ‘‘dates for submission of
proposal.’’ Isn’t this requirement
inconsistent with the flexibilities
demanded throughout the FAR,
especially in FAR part 1, in addition to
the FAR 16.6 regulations?
Response: The team does not concur
with the commenter. A full proposal is
required prior to definitization in
accordance with FAR 52.216–25.
Paragraph (a) of GSAR 516.603–70 has
been revised for clarification of this
point.
Comment: The next commenter noted
a concern with the prohibition placed
on contracting officers to ‘‘not authorize
the A–E to begin the design effort before
the letter contract is definitized.’’ The
commenter feels that this may defeat the
whole purpose of a letter contract
which, according to FAR 16.603–1, is to
authorize ‘‘the contractor to begin
immediately to perform the services. If
this is so, then the determination should
support any decision to not award a
letter contract if contracting officers
comply with FAR 16.603–3. Therefore,
the commenter’s recommendation is to
delete GSAR 516.603–70 in its entirety
from the GSAM/GSAR. Alternatively,
GSA should consider incorporating
oversight requirements into this section
to review all determinations that
authorize letter contracts to ensure
decisions are being made appropriately.
The GSA should also consider auditing
all unilateral/administrative
modifications that involve any change
in funding/costs.
Response: The team does not concur
with the commenter. The team will
retain GSAR 516.603–70 because it
speaks to those services that can be
performed outside of the actual design
effort. This section has been revised to
clarify that only those services
independent of the design effort can
commence without definitization.
Otherwise, the contracting officer shall
not commence the design effort until
definitization of the contract.
Comment: The next commenter noted
that the proposed clause GSAR
552.216–74, Task–Order and Delivery–
Order Ombudsman, allows GSA to
comply with FAR 16.505(b)(5), which
requires each agency to designate such
an Ombudsman. However, the clause, as
written, is imprecise and could be
confusing to contractors and GSA
acquisition teams. The commenter
suggests adding the following: ‘‘GSA has
designated a Task–Order and Delivery–
Order Ombudsman who will review
complaints from contractors and ensure
that they are afforded a fair opportunity
for consideration in the award of task or
delivery orders under Indefinite
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Delivery/Indefinite Quantity (ID/IQ)
contracts, consistent with the
procedures in the contract.’’
Response: The team concurs with the
commenter. The text has been revised to
incorporate the commenter’s suggested
language for clarification.
Comment: The next commenter noted
that the proposed clause GSAR
552.216–74, Task–Order and Delivery–
Order Ombudsman, is not clear, as
written, as to whether a contractor with
a complaint should go through the
contracting officer to reach the
Ombudsman (with a copy to the
contracting officer), or whether a
contractor could do either. The
commenter suggests adding the
following: ‘‘Written complaints shall be
submitted to the Ombudsman, with a
copy to the Contracting Officer.’’
Response: The team concurs with the
commenter. The text has been revised to
incorporate the commenter’s suggested
language for clarification.
Comment: The next commenter noted
that GSAR 552.216–74, Task–Order and
Delivery–Order Ombudsman, is not
clear as to whether the Ombudsman,
should he or she find that fair
opportunity is not being provided to a
contractor, is going to direct the
contracting activity to provide fair
opportunity in the future; is going to
direct that an order be withdrawn from
the firm that received it; or change the
decision of the acquisition team (if such
an order has not yet been placed).
Although, this information does not
need to go into the clause, the GSAR
should spell out the actual role of the
Ombudsman so that acquisition teams
are aware.
Response: The team partially concurs
with the commenter. The Ombudsman’s
jurisdiction covers all actions as they
pertain to task– and delivery–order
actions. As such, the team more
appropriately revised GSAR Subpart
516.5, Indefinite–Delivery Contracts, to
add a new section GSAR 516.505, Task–
Order and Delivery–Order Ombudsman,
to outline this in paragraph (b).
Additionally, since this is being
directed to contracting officers, it was
added to the non–regulatory portion of
this subpart.
Comment: The next two commenters
noted that the proposed clause GSAR
552.216–74, Task–Order and Delivery–
Order Ombudsman, as written, is too
broad in nature when it states ‘‘The GSA
Ombudsman will exercise jurisdiction
on any matters pertaining to ID/IQ
contracts awarded by GSA.’’ The
commenters recommend that the first
sentence be deleted in its entirety and
that the clause sets forth who actually
is designated as Ombudsman.
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Response: The team concurs with the
commenter. As such, the team has
revised the clause to conform to the
commenter’s concerns regarding the
GSA Ombudsman’s authority and to
outline the exact designation of the GSA
Ombudsman, inclusive of contact
information.
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.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
apply; however, these changes do not
impose additional information
collection requirements to the
paperwork burden previously approved
under OMB Numbers 3090–0243 and
3090–0248.
List of Subjects in 48 CFR Parts 516 and
552
Government procurement.
Dated: May 6, 2010.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office
of Acquisition Policy, General Services
Administration.
Therefore, GSA amends 48 CFR parts
516 and 552 as set forth below:
■ 1. The authority citation for 48 CFR
parts 516 and 552 continues to read as
follows:
■
Authority: 40 U.S.C. 121(c).
PART 516—TYPES OF CONTRACTS
2. Revise section 516.203–4 to read as
follows:
■
516.203–4
Contract clauses.
(a) Special Order Program Contracts.
In multiyear solicitations and contracts,
after making the determination required
by FAR 16.203–3, use 552.216–71,
Economic Price Adjustment Special
Order Program Contracts, or a clause
prepared as authorized in paragraph
(a)(3) of this subsection.
(1) If the contract includes one or
more options to extend the term of the
contract, use the clause with its
Alternate I or a clause substantially the
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same as 552.216–71 with its Alternate I
suitably modified.
(2) In a contract requiring a minimum
adjustment before the price adjustment
mechanism is effectuated, use the basic
clause with Alternate II or with
Alternate I and Alternate II.
(3) If the Producer Price Index is not
an appropriate indicator for price
adjustment, modify the clause to use an
alternate indicator for adjusting prices.
Similarly, if other aspects of 552.216–71
are not appropriate, use an alternate
clause following established procedures.
(b) Adjustments based on cost indexes
of labor or material. (1) If the
contracting officer decides to provide
for adjustments based on cost indexes of
labor or material, prepare a clause that
defines each of the following elements:
(i) The type of labor and/or material
subject to adjustment;
(ii) The labor rates, including any
fringe benefits and/or unit prices of
materials that may be increased or
decreased;
(iii) The index(es) that will be used to
measure changes in price levels and the
base period or reference point from
which changes will be measured; and
(iv) The period during which the
price(s) will be subject to adjustment.
(2) The contracting director must
approve use of this clause.
■ 3. Revise section 516.506 to read as
follows:
516.506 Solicitation provisions and
contract clauses.
(a) In solicitations and contracts for
Special Order Program items, when the
contract authorizes FAS and other
activities to issue delivery or task
orders, insert the clause at 552.216–72,
Placement of Orders. If only FAS will
issue delivery or task orders, insert the
clause with its Alternate I.
(b) In solicitations and contracts for
GSA awarded ID/IQ contracts, insert
clause 552.216–74, Task–Order and
Delivery–Order Ombudsman.
(c) If the clause at 552.216–72 is
prescribed, insert the provision at
552.216–73, Ordering Information, in
solicitations for Special Order Program
items and in other FAS Program
solicitations.
Subpart 516.6 [Removed]
4. Remove subpart 516.6, consisting of
sections 516.603 and 516.603-3.
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■
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
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552.216–71 Economic Price Adjustment—
Special Order Program Contracts.
As prescribed in 516.203–4(a), insert
the following clause:
ECONOMIC PRICE ADJUSTMENT—
SPECIAL ORDER PROGRAM CONTRACTS
(AUG 2010)
*
*
*
*
*
(b) During the term of the contract, the
award price may be adjusted once
during each 12–month period upward
or downward. However, if an upward
adjustment, a maximum of
lll*lll percent shall apply. *
* *
*
*
*
*
*
Alternate I. (AUG 2010). As
prescribed in 516.203–4(a)(1) and (2),
substitute the following paragraphs (b),
(e), and (f) for paragraphs (b), (e), and (f)
of the basic clause:
(b) Once during each 12–month
period, the contract price may be
adjusted upward or downward a
maximum of lll*lll percent.
*
*
*
*
*
Alternate II. (AUG 2010). As
prescribed in 516.203–4(a)(2), add the
following paragraph (g) to the basic
clause.
(g) No price adjustment will be made
unless the percentage change in the PPI
is at least lll*lll percent.
The Contracting Officer should insert
a lower percent than the maximum
percentage stated in paragraph (b) of the
clause.
■ 6. Amend section 552.216–72 by—
■ a. Revising the introductory text, the
date of the clause, and paragraphs (c)
and (g);
■ b. Revising the date of Alternate I, the
Alternate I introductory text, and the
first sentence of Alternate I paragraph
(a);
■ c. Removing from Alternate I
paragraphs (c) and (d) the word ‘‘FSS’’
and adding ‘‘FAS’’ in its place; and
■ d. Removing Alternates II, III, and IV.
■ The revised text reads as follows:
552.216–72
Placement of Orders.
As prescribed in 516.506(a), insert the
following clause:
PLACEMENT OF ORDERS (AUG 2010)
*
5. Amend section 552.216–71 by
revising the section heading, the
introductory text, the clause heading,
■
the date of the clause, and the first
sentence of paragraph (b); the date of
Alternate I, the Alternate I introductory
text, and the introductory text of
Alternate I (b); the date of Alternate II,
the Alternate II introductory text, and
Alternate II paragraph (g) to read as
follows:
*
*
*
*
(c) If the Contractor agrees, General
Services Administration’s Federal
Acquisition Service (FAS) will place all
orders by EDI using computer–to–
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computer EDI. If computer–to–computer
EDI is not possible, FAS will use an
alternative EDI method allowing the
Contractor to receive orders by facsimile
transmission. Subject to the Contractor’s
agreement, other agencies may place
orders by EDI.
*
*
*
*
*
(g) The basic content and format of
the TPA will be provided by: General
Services Administration, Office of the
Chief Information Officer (QI), 2100
Crystal Drive, Arlington, VA 22202,
Telephone: (703) 605–9444.
Alternate I. (AUG 2010). As
prescribed in 516.506(a), substitute the
following paragraphs (a), (b), (c), and (d)
for paragraphs (a), (b), (c), and (d) of the
basic clause:
(a) All delivery orders (orders) under
this contract will be placed by the
General Services Administration’s
Federal Acquisition Service (FAS). * *
*
*
*
*
*
*
■ 7. Amend section 552.216–73 by—
■ a. Revising the introductory paragraph
and the date of the clause;
■ b. Removing from paragraph (a)
‘‘Federal Supply Service (FSS)’’ and
adding ‘‘Federal Acquisition Service
(FAS)’’ in its place;
■ c. Adding paragraph (e);
■ d. Removing from Alternate I
‘‘516.506(e)’’ and adding ‘‘516.506(c)’’ in
its place; and
■ e. Removing Alternate II.
■ The revised and added text reads as
follows:
552.216–73
Ordering Information.
As prescribed in 516.506(c), insert the
following provision:
ORDERING INFORMATION (AUG 2010)
*
*
*
*
*
(e) Offerors marketing through dealers
are requested to indicate below whether
those dealers will be participating in the
proposed contract.
Yes ( ) No ( )
If ‘‘yes’’ is checked, ordering
information to be inserted above shall
reflect that in addition to offeror’s name,
address, and facsimile transmission
telephone number, orders can be
addressed to the offeror’s name, c/o
nearest local dealer. In this event, two
copies of a list of participating dealers
shall accompany this offer, and shall
also be included in Contractor’s Federal
Supply Schedule pricelist.
*
*
*
*
*
■ 8. Add section 552.216–74 to read as
follows:
552.216–74 Task–Order and Delivery–
Order Ombudsman.
As prescribed in 516.506(b), insert the
following clause:
E:\FR\FM\15JYR1.SGM
15JYR1
Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations
TASK–ORDER AND DELIVERY–ORDER
OMBUDSMAN (AUG 2010)
GSA has designated a Task–Order and
Delivery–Order Ombudsman who will
review complaints from contractors and
ensure that they are afforded a fair
opportunity for consideration in the
award of task or delivery orders under
Indefinite Delivery/Indefinite Quantity
(ID/IQ) contracts, consistent with the
procedures in the contract. Written
complaints shall be submitted to the
Ombudsman, with a copy to the
Contracting Officer.
In the case that the contractor is not
satisfied with the resolution of the
complaint by the GSA Task–Order and
Delivery–Order Ombudsman, the
contractor may follow the procedures
outlined in subpart 33.1.
The GSA Ombudsman is the Director,
Office of Acquisition Integrity located
at: General Services Administration
(GSA), Office of Governmentwide Policy
(OGP), Office of Acquisition Policy
(MV), Acquisition Integrity Division
(MVA), 1800 F Street, NW., Room 4014,
Washington, D.C. 20405, Telephone:
(202) 219–3454, Fax: (202) 219–3615, Email:joseph.neurauter@gsa.gov.
[FR Doc. 2010–17140 Filed 7–14–10; 8:45 am]
BILLING CODE 6820–61–S
DEPARTMENT OF HOMELAND
SECURITY
48 CFR Parts 3002, 3007, 3009, 3016,
3034, 3035, and 3052
[Docket No. DHS–2009–0006]
RIN 1601–AA49
Homeland Security Acquisition
Regulation; Lead System Integrators
[HSAR Case 2009–003]
erowe on DSK5CLS3C1PROD with RULES
AGENCY: Office of the Chief Procurement
Officer, DHS.
ACTION: Interim rule with request for
comments.
SUMMARY: The Department of Homeland
Security (DHS) is issuing an interim rule
amending the Homeland Security
Acquisition Regulation (HSAR) to
implement section 6405 of the U.S.
Troop Readiness, Veterans’ Care,
Katrina Recovery, and Iraq
Accountability Appropriations Act,
2007. This section of the Act and these
implementing regulations restrict
contractors from acting as lead system
integrators in the acquisition of DHS
major systems if they have direct
financial interests in the development or
construction of any individual system or
element of any system of systems they
integrate subject to stated exceptions.
VerDate Mar<15>2010
15:24 Jul 14, 2010
Jkt 220001
DATES: Effective Date: This rule is
effective July 15, 2010.
Comments Due Date: Comments must
reach the Department of Homeland
Security, Office of the Chief
Procurement Officer, Acquisition Policy
and Legislation, on or before August 16,
2010.
ADDRESSES: Please submit written
comments, identified by agency name
and docket number DHS–2009–0006, by
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov. To submit
comments, follow instructions on
www.regulations.gov and use docket
number DHS–2009–0006.
(2) By mail to the Department of
Homeland Security, Office of the Chief
Procurement Officer, Acquisition Policy
and Legislation, ATTN: Timothy J.
Frank, 245 Murray Drive SW., STOP
0415, Washington, DC 20528–0415.
FOR FURTHER INFORMATION CONTACT:
Timothy J. Frank, Senior Procurement
Analyst, at (202) 447–5252 for
clarification of content. Please cite
HSAR Case 2009–003.
SUPPLEMENTARY INFORMATION:
I. Request for Comments
II. Background
III. Discussion of Interim Rule
IV. Regulatory Analyses
A. Executive Order 12866 Assessment
B. Determination To Issue an Interim Rule
C. Regulatory Flexibility Act
D. Paperwork Reduction Act
E. National Environmental Policy Act
I. Request for Comments
Interested persons are invited to
participate in this rulemaking by
submitting written comments, views, or
arguments on all or any aspect of this
rule. Comments must be received by
August 16, 2010. Comments should be
organized by Homeland Security
Acquisition Regulation (HSAR) Part,
and address the specific section that is
being commented on. All comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided. See
ADDRESSES above for information on
how to submit comments. If you submit
comments by mail, please submit them
in an unbound format, on 81⁄2-by-11inch paper, suitable for copying and
optical character recognition. If you
would like DHS to acknowledge receipt
of comments submitted by mail, please
enclose a self- addressed stamped post
card or envelope. DHS will consider all
comments and material received during
the comment period. Access to the
docket, including background
documents and comments received, can
be obtained at https://www.
regulations.gov which contains relevant
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
41097
instructions under the FAQs tab on the
home page.
II. Background
The U.S. Troop Readiness, Veterans’
Care, Katrina Recovery, and Iraq
Accountability Appropriations Act,
2007, Public Law 110–28, section 6405,
121 Stat. 112, 176 (2007) (codified as 6
U.S.C. 396; hereinafter ‘‘Section 396’’),
limits firms that can serve as lead
system integrators on DHS acquisitions
of major systems. Such contractors may
have no direct financial interest in the
development or construction of any
individual system or element of any
system of systems they would integrate,
unless one of the stated exceptions has
been satisfied.
One exception applies when the
contractor is selected by a subcontractor
as a lower-tier subcontractor, through a
process over which the contractor had
no control, to develop or construct an
individual system or element of any
system of systems the contractor would
integrate. The other exception applies
where the lead system integrator was
selected using competitive procedures,
DHS takes appropriate steps to prevent
any organizational conflicts of interest
in the selection process, and the
Secretary of Homeland Security certifies
these facts to various committees in
Congress.
Section 396 also requires DHS to
update its acquisition regulations and to
include a definition of ‘‘lead system
integrators’’ modeled after that used by
the Department of Defense and a
specification of various types of
contracts and fee structures that are
appropriate for use with lead system
integrators. This rule implements
Section 396.
This rule is issued by DHS’s Chief
Procurement Officer, who is the Senior
Procurement Executive (SPE), see 41
U.S.C. 414 and DHS Delegation Number
0700, under authority of 5 U.S.C. 301–
302, the Office of Federal Procurement
Policy Act, Public Law 93–400, 88 Stat.
796 (1974), including sections 22 and
25, 41 U.S.C. 418b and 421, and FAR 48
CFR part 1, subpart 1.3.
III. Discussion of Interim Rule
The interim rule revises (HSAR) 48
CFR 3002.101, 3007.106, 3009.5, 3016.1,
3034.004, 3035.008, 3052.209–74 and
3052.209–75 to implement Public Law
110–28, Title VI, Section 6405.
This rule changes the HSAR as
follows:
• Amends the definition of ‘‘Major
system’’ in (HSAR) 48 CFR 3002.101 and
removes the reference to the obsolete
Management Directive (MD) 1400,
Investment Review Process. The
E:\FR\FM\15JYR1.SGM
15JYR1
]]>Agencies
[Federal Register Volume 75, Number 135 (Thursday, July 15, 2010)]
[Rules and Regulations]
[Pages 41093-41097]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17140]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 516 and 552
[GSAR Amendment 2010-03; GSAR Case 2006-G504 (Change 46) Docket 2008-
0007; Sequence 12]
RIN 3090-AI58
General Services Administration Acquisition Regulation; Rewrite
of GSAR Part 516, Types of Contracts
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
GSAR Part 516, Types of Contracts. GSAR part 516 has been revised to
add and/or clarify policy pertaining to requirements for types of
contracts.
DATES: Effective Date: August 16, 2010.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Warren J. Blankenship, Procurement Analyst, at (202) 501-1900. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat (MVCB), Room 4041, 1800 F Street, NW.,
Washington, DC, 20405, (202) 501-4755. Please cite Amendment 2010-03,
GSAR Case 2006-G504 (Change 46).
SUPPLEMENTARY INFORMATION:
[[Page 41094]]
A. Background
The GSAM Rewrite and Project and Process
This rule is part of the GSA Acquisition Manual (GSAM) Rewrite
Project to revise the regulation in order to maintain consistency with
the Federal Acquisition Regulation (FAR), update regulations, and
implement streamlined and innovative acquisition procedures. The GSAM
incorporates the GSAR as well as internal agency acquisition policy.
The GSA published an Advance Notice of Proposed Rulemaking (ANPR)
in the Federal Register at 71 FR 7910 on February 15, 2006, with a
request for comments on the entire GSAM. As a result, six comments were
received on GSAR part 516. In addition, applicable statutes, GSA
Acquisition Letters, Federal Acquisition Service (FAS) (formerly the
Federal Supply Service (FSS)) and Public Building Service (PBS)
Acquisition Letters, and GSA delegations of authority were considered
in developing the initial draft. Prior to publication of a proposed
rule, there was extensive internal review and comment.
A proposed rule for GSAR part 516 was published in the Federal
Register at 73 FR 39275 on July 9, 2008. The public comment period for
GSAR part 516 closed on September 8, 2008. A total of 11 comments were
received by the close of the public comment period.
The proposed rule aligned GSAR part 516 to the structure of FAR
part 16; revised the prescriptions for clauses included in GSAR
516.203-4, Contract clauses; and GSAR 516.506, Solicitation Provisions
and Contract Clauses; and made changes to the title and numbering of
GSAR 516.603-3, Limitations. Additionally, the associated clauses
located in GSAR 552.216 were amended to: relocate GSAR 552.216-70,
Economic Price Adjustment--FSS Multiple Award Schedule Contracts, to
GSAR 552.238; retain and revise GSAR 552.216-71, Economic Price
Adjustment--Special Order Program Contracts, revise GSAR 552.216-72,
Placement of Orders; make minor edits to GSAR 552.216-73, Ordering
information; and include a new GSAR 552.216-74, Task-Order and
Delivery-Order Ombudsman.
The following subparts were retained:
Subpart Number Subpart Title
516.2 Fixed-Price Contracts.
516.4 Incentive Contracts.
516.5 Indefinite-Delivery
Contracts.
516.6 Time-and-Materials,
Labor-Hour, and
Letter Contracts.
In the final rule, these four subparts are retained. Additionally,
other important changes include the addition of the verbiage
``Additional'' at the beginning of the title to GSAR 516.603-70,
Limitations on the use of letter contracts for architect-engineer (A-E)
services and the addition of the verbiage ``under the PBS Design
Excellence Program'' added at the end of the title; revision of
paragraph (a) in GSAR 516.603-70 to clarify that a complete price
proposal is required prior to definitization of a contract in
accordance with FAR 52.216-25; removal of GSAR 516.603-70 from
regulatory to non-regulatory because it provides guidance to the
contracting officer; and revisions to proposed GSAR 552.216-74, Task-
Order and Delivery-Order Ombudsman, to clarify the Ombudsman's role and
responsibilities, as well as, to provide contact information.
Discussion of Comments
There were six public comments received in response to the ANPR
published in the Federal Register at 71 FR 7910 on February 15, 2006. A
proposed rule was published in the Federal Register at 74 FR 4596 on
July 9, 2008. The comment period closed September 8, 2008, with 11
comments received.
Comment: One commenter noted that the rule is unnecessarily broad
in scope. It would relax requirements for the use of sinking lines that
are already in place and being used by many New England lobster
fisherman. Moreover, the proposed rule would leave no protections in
place for whales during the delay, except for the requirement to use
weak links. The National Marine Fisheries Service (NMFS) has determined
that weak links alone are inadequate to prevent entanglements of
whales.
Response: The team does not concur with the commenter. This comment
had no relevance to the case therefore, no further action was
necessary.
Comment: The next commenter noted that GSA needs to remind
contracting officers under GSAR subpart 516.2 that, in order for a
contract to be procured on a firm fixed-price basis, the solicitation
must be based on reasonably definite functional or detailed
specification when the contracting officer can establish fair and
reasonable prices at the outset.
Response: The team does not concur with the commenter. The team
reviewed FAR subpart 16.2 and found that this topic was adequately
covered.
Comment: The next commenter noted that GSA should require
contracting officers to include the fixed-price basis for the
requirements (e.g., performance period, man-hours), in a solicitation/
request for quotation if it is to be awarded and reported as a fixed-
price contract. In other words, the GSAM should forbid contracting
officers from procuring or reporting the action as a fixed-price
contract award.
Response: The team does not concur with the commenter. Though the
team concurs with the intent of the comment, the comment has more to do
with coding and reporting of contract types. Thus, this is not
appropriate for this GSAR part. The use of time-and-management (T&M)/
labor-hour vs. fixed-price contracts is adequately covered in FAR
sections 16.601, 16.602, and 16.202-2, respectively.
Comment: The next commenter noted that the GSAM should prohibit GSA
contracting officers from unilaterally reducing any hours or contract
price on GSAR subpart 516.6 not-to-exceed contracts, or de-obligating
awarded funds without a bilateral supplemental agreement. It may be
more appropriate to address this in GSAR part 543, but the violations
seem to occur only on not-to-exceed (T&M/labor-hour) contracts that are
being awarded and reported by GSA contracting officers as fixed-price
contracts.
Response: The team concurs with the commenter; however, proper
placement of the referenced action should be made in GSAR Part 543,
Contract Modifications.
Comment: The next commenter noted that GSA should consider adding
the word ``Additional'' at the beginning of the GSAR 516.603-70,
Limitations on the use of letter contracts for architect-engineer (A-E)
services. This could serve as a simple reminder that there are other
``limitations'' that must be considered in accordance with FAR 16.603-
3. In particular, the vast majority of contracting officers fail to
obtain the written determination from the Head of the Contracting
Activity (HCA), or designee, that ``no other contract is suitable.''
Response: The team concurs with the commenter. The text has been
revised accordingly.
Comment: The next commenter noted that restriction placed on
contractors to submit a ``price proposal before award'' of a letter
contract, at FAR 16.603-3(c), requires contracting officers to include
in the mandated clause at FAR 52.216-25 a ``definitization schedule''
including ``(1) dates for submission of the contractor price
proposal.'' Similarly, the FAR clause 52.216-25 itself
[[Page 41095]]
includes notes to the contracting officer to insert ``dates for
submission of proposal.'' Isn't this requirement inconsistent with the
flexibilities demanded throughout the FAR, especially in FAR part 1, in
addition to the FAR 16.6 regulations?
Response: The team does not concur with the commenter. A full
proposal is required prior to definitization in accordance with FAR
52.216-25. Paragraph (a) of GSAR 516.603-70 has been revised for
clarification of this point.
Comment: The next commenter noted a concern with the prohibition
placed on contracting officers to ``not authorize the A-E to begin the
design effort before the letter contract is definitized.'' The
commenter feels that this may defeat the whole purpose of a letter
contract which, according to FAR 16.603-1, is to authorize ``the
contractor to begin immediately to perform the services. If this is so,
then the determination should support any decision to not award a
letter contract if contracting officers comply with FAR 16.603-3.
Therefore, the commenter's recommendation is to delete GSAR 516.603-70
in its entirety from the GSAM/GSAR. Alternatively, GSA should consider
incorporating oversight requirements into this section to review all
determinations that authorize letter contracts to ensure decisions are
being made appropriately. The GSA should also consider auditing all
unilateral/administrative modifications that involve any change in
funding/costs.
Response: The team does not concur with the commenter. The team
will retain GSAR 516.603-70 because it speaks to those services that
can be performed outside of the actual design effort. This section has
been revised to clarify that only those services independent of the
design effort can commence without definitization. Otherwise, the
contracting officer shall not commence the design effort until
definitization of the contract.
Comment: The next commenter noted that the proposed clause GSAR
552.216-74, Task-Order and Delivery-Order Ombudsman, allows GSA to
comply with FAR 16.505(b)(5), which requires each agency to designate
such an Ombudsman. However, the clause, as written, is imprecise and
could be confusing to contractors and GSA acquisition teams. The
commenter suggests adding the following: ``GSA has designated a Task-
Order and Delivery-Order Ombudsman who will review complaints from
contractors and ensure that they are afforded a fair opportunity for
consideration in the award of task or delivery orders under Indefinite
Delivery/Indefinite Quantity (ID/IQ) contracts, consistent with the
procedures in the contract.''
Response: The team concurs with the commenter. The text has been
revised to incorporate the commenter's suggested language for
clarification.
Comment: The next commenter noted that the proposed clause GSAR
552.216-74, Task-Order and Delivery-Order Ombudsman, is not clear, as
written, as to whether a contractor with a complaint should go through
the contracting officer to reach the Ombudsman (with a copy to the
contracting officer), or whether a contractor could do either. The
commenter suggests adding the following: ``Written complaints shall be
submitted to the Ombudsman, with a copy to the Contracting Officer.''
Response: The team concurs with the commenter. The text has been
revised to incorporate the commenter's suggested language for
clarification.
Comment: The next commenter noted that GSAR 552.216-74, Task-Order
and Delivery-Order Ombudsman, is not clear as to whether the Ombudsman,
should he or she find that fair opportunity is not being provided to a
contractor, is going to direct the contracting activity to provide fair
opportunity in the future; is going to direct that an order be
withdrawn from the firm that received it; or change the decision of the
acquisition team (if such an order has not yet been placed). Although,
this information does not need to go into the clause, the GSAR should
spell out the actual role of the Ombudsman so that acquisition teams
are aware.
Response: The team partially concurs with the commenter. The
Ombudsman's jurisdiction covers all actions as they pertain to task-
and delivery-order actions. As such, the team more appropriately
revised GSAR Subpart 516.5, Indefinite-Delivery Contracts, to add a new
section GSAR 516.505, Task-Order and Delivery-Order Ombudsman, to
outline this in paragraph (b). Additionally, since this is being
directed to contracting officers, it was added to the non-regulatory
portion of this subpart.
Comment: The next two commenters noted that the proposed clause
GSAR 552.216-74, Task-Order and Delivery-Order Ombudsman, as written,
is too broad in nature when it states ``The GSA Ombudsman will exercise
jurisdiction on any matters pertaining to ID/IQ contracts awarded by
GSA.'' The commenters recommend that the first sentence be deleted in
its entirety and that the clause sets forth who actually is designated
as Ombudsman.
Response: The team concurs with the commenter. As such, the team
has revised the clause to conform to the commenter's concerns regarding
the GSA Ombudsman's authority and to outline the exact designation of
the GSA Ombudsman, inclusive of contact information.
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.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; however, these changes do
not impose additional information collection requirements to the
paperwork burden previously approved under OMB Numbers 3090-0243 and
3090-0248.
List of Subjects in 48 CFR Parts 516 and 552
Government procurement.
Dated: May 6, 2010.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office of Acquisition Policy,
General Services Administration.
0
Therefore, GSA amends 48 CFR parts 516 and 552 as set forth below:
0
1. The authority citation for 48 CFR parts 516 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 516--TYPES OF CONTRACTS
0
2. Revise section 516.203-4 to read as follows:
516.203-4 Contract clauses.
(a) Special Order Program Contracts. In multiyear solicitations and
contracts, after making the determination required by FAR 16.203-3, use
552.216-71, Economic Price Adjustment Special Order Program Contracts,
or a clause prepared as authorized in paragraph (a)(3) of this
subsection.
(1) If the contract includes one or more options to extend the term
of the contract, use the clause with its Alternate I or a clause
substantially the
[[Page 41096]]
same as 552.216-71 with its Alternate I suitably modified.
(2) In a contract requiring a minimum adjustment before the price
adjustment mechanism is effectuated, use the basic clause with
Alternate II or with Alternate I and Alternate II.
(3) If the Producer Price Index is not an appropriate indicator for
price adjustment, modify the clause to use an alternate indicator for
adjusting prices. Similarly, if other aspects of 552.216-71 are not
appropriate, use an alternate clause following established procedures.
(b) Adjustments based on cost indexes of labor or material. (1) If
the contracting officer decides to provide for adjustments based on
cost indexes of labor or material, prepare a clause that defines each
of the following elements:
(i) The type of labor and/or material subject to adjustment;
(ii) The labor rates, including any fringe benefits and/or unit
prices of materials that may be increased or decreased;
(iii) The index(es) that will be used to measure changes in price
levels and the base period or reference point from which changes will
be measured; and
(iv) The period during which the price(s) will be subject to
adjustment.
(2) The contracting director must approve use of this clause.
0
3. Revise section 516.506 to read as follows:
516.506 Solicitation provisions and contract clauses.
(a) In solicitations and contracts for Special Order Program items,
when the contract authorizes FAS and other activities to issue delivery
or task orders, insert the clause at 552.216-72, Placement of Orders.
If only FAS will issue delivery or task orders, insert the clause with
its Alternate I.
(b) In solicitations and contracts for GSA awarded ID/IQ contracts,
insert clause 552.216-74, Task-Order and Delivery-Order Ombudsman.
(c) If the clause at 552.216-72 is prescribed, insert the provision
at 552.216-73, Ordering Information, in solicitations for Special Order
Program items and in other FAS Program solicitations.
Subpart 516.6 [Removed]
0
4. Remove subpart 516.6, consisting of sections 516.603 and 516.603-3.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. Amend section 552.216-71 by revising the section heading, the
introductory text, the clause heading, the date of the clause, and the
first sentence of paragraph (b); the date of Alternate I, the Alternate
I introductory text, and the introductory text of Alternate I (b); the
date of Alternate II, the Alternate II introductory text, and Alternate
II paragraph (g) to read as follows:
552.216-71 Economic Price Adjustment--Special Order Program Contracts.
As prescribed in 516.203-4(a), insert the following clause:
ECONOMIC PRICE ADJUSTMENT--SPECIAL ORDER PROGRAM CONTRACTS (AUG
2010)
* * * * *
(b) During the term of the contract, the award price may be
adjusted once during each 12-month period upward or downward. However,
if an upward adjustment, a maximum of ------*------ percent shall
apply. * * *
* * * * *
Alternate I. (AUG 2010). As prescribed in 516.203-4(a)(1) and (2),
substitute the following paragraphs (b), (e), and (f) for paragraphs
(b), (e), and (f) of the basic clause:
(b) Once during each 12-month period, the contract price may be
adjusted upward or downward a maximum of ------*------ percent.
* * * * *
Alternate II. (AUG 2010). As prescribed in 516.203-4(a)(2), add the
following paragraph (g) to the basic clause.
(g) No price adjustment will be made unless the percentage change
in the PPI is at least ------*------ percent.
The Contracting Officer should insert a lower percent than the
maximum percentage stated in paragraph (b) of the clause.
0
6. Amend section 552.216-72 by--
0
a. Revising the introductory text, the date of the clause, and
paragraphs (c) and (g);
0
b. Revising the date of Alternate I, the Alternate I introductory text,
and the first sentence of Alternate I paragraph (a);
0
c. Removing from Alternate I paragraphs (c) and (d) the word ``FSS''
and adding ``FAS'' in its place; and
0
d. Removing Alternates II, III, and IV.
0
The revised text reads as follows:
552.216-72 Placement of Orders.
As prescribed in 516.506(a), insert the following clause:
PLACEMENT OF ORDERS (AUG 2010)
* * * * *
(c) If the Contractor agrees, General Services Administration's
Federal Acquisition Service (FAS) will place all orders by EDI using
computer-to-computer EDI. If computer-to-computer EDI is not possible,
FAS will use an alternative EDI method allowing the Contractor to
receive orders by facsimile transmission. Subject to the Contractor's
agreement, other agencies may place orders by EDI.
* * * * *
(g) The basic content and format of the TPA will be provided by:
General Services Administration, Office of the Chief Information
Officer (QI), 2100 Crystal Drive, Arlington, VA 22202, Telephone: (703)
605-9444.
Alternate I. (AUG 2010). As prescribed in 516.506(a), substitute
the following paragraphs (a), (b), (c), and (d) for paragraphs (a),
(b), (c), and (d) of the basic clause:
(a) All delivery orders (orders) under this contract will be placed
by the General Services Administration's Federal Acquisition Service
(FAS). * * *
* * * * *
0
7. Amend section 552.216-73 by--
0
a. Revising the introductory paragraph and the date of the clause;
0
b. Removing from paragraph (a) ``Federal Supply Service (FSS)'' and
adding ``Federal Acquisition Service (FAS)'' in its place;
0
c. Adding paragraph (e);
0
d. Removing from Alternate I ``516.506(e)'' and adding ``516.506(c)''
in its place; and
0
e. Removing Alternate II.
0
The revised and added text reads as follows:
552.216-73 Ordering Information.
As prescribed in 516.506(c), insert the following provision:
ORDERING INFORMATION (AUG 2010)
* * * * *
(e) Offerors marketing through dealers are requested to indicate
below whether those dealers will be participating in the proposed
contract.
Yes ( ) No ( )
If ``yes'' is checked, ordering information to be inserted above
shall reflect that in addition to offeror's name, address, and
facsimile transmission telephone number, orders can be addressed to the
offeror's name, c/o nearest local dealer. In this event, two copies of
a list of participating dealers shall accompany this offer, and shall
also be included in Contractor's Federal Supply Schedule pricelist.
* * * * *
0
8. Add section 552.216-74 to read as follows:
552.216-74 Task-Order and Delivery-Order Ombudsman.
As prescribed in 516.506(b), insert the following clause:
[[Page 41097]]
TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (AUG 2010)
GSA has designated a Task-Order and Delivery-Order Ombudsman who
will review complaints from contractors and ensure that they are
afforded a fair opportunity for consideration in the award of task or
delivery orders under Indefinite Delivery/Indefinite Quantity (ID/IQ)
contracts, consistent with the procedures in the contract. Written
complaints shall be submitted to the Ombudsman, with a copy to the
Contracting Officer.
In the case that the contractor is not satisfied with the
resolution of the complaint by the GSA Task-Order and Delivery-Order
Ombudsman, the contractor may follow the procedures outlined in subpart
33.1.
The GSA Ombudsman is the Director, Office of Acquisition Integrity
located at: General Services Administration (GSA), Office of
Governmentwide Policy (OGP), Office of Acquisition Policy (MV),
Acquisition Integrity Division (MVA), 1800 F Street, NW., Room 4014,
Washington, D.C. 20405, Telephone: (202) 219-3454, Fax: (202) 219-3615,
E-mail:joseph.neurauter@gsa.gov.
[FR Doc. 2010-17140 Filed 7-14-10; 8:45 am]
BILLING CODE 6820-61-S
