General Services Administration Acquisition Regulation (GSAR); Clause and Provision Designation Corrections, 55516-55525 [2021-20541]
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Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Rules and Regulations
Communications Networks Act of 2019
(Secure Networks Act), Public Law 116–
124, 133 Stat. 158 (2020) (codified as
amended at 47 U.S.C. 1601–1609),
which among other measures, directs
the FCC to establish the Secure and
Trusted Communications Networks
Reimbursement Program
(Reimbursement Program). This
program is intended to provide funding
to providers of advanced
communications service for the
removal, replacement and disposal of
certain communications equipment and
services that pose an unacceptable
national security risk (i.e., covered
equipment and services) from their
networks. The Commission has
designated two entities—Huawei
Technologies Company (Huawei) and
ZTE Corporation (ZTE), along with their
affiliates, subsidiaries, and parents—as
covered companies posing such a
national security threat. See Protecting
Against National Security Threats to the
Communications Supply Chain Through
FCC Programs—Huawei Designation, PS
Docket No. 19–351, Memorandum
Opinion and Order, 35 FCC Rcd 14435
(2020); Protecting Against National
Security Threats to the Communications
Supply Chain Through FCC Programs—
ZTE Designation, PS Docket No. 19–352,
Memorandum Opinion and Order, DA
20–1399 (PSHSB rel. Nov. 24, 2020).
On December 10, 2020, the
Commission adopted the Second Report
and Order implementing the Secure
Networks Act, which contained certain
new information collection
requirements. See Protecting Against
National Security Threats to the
Communications Supply Chain Through
FCC Programs, WC Docket No. 18–89,
Second Report and Order, 35 FCC Rcd
14284 (2020) (Second Report and
Order). These requirements will allow
the Commission to receive, review and
make eligibility determinations and
funding decisions on applications to
participate in the Reimbursement
Program that are filed by certain
providers of advanced communications
service. These new information
collection requirements will also assist
the Commission in processing funding
disbursement requests and in
monitoring and furthering compliance
with applicable program requirements
to protect against waste, fraud, and
abuse.
On December 27, 2020, the President
signed into law the Consolidated
Appropriations Act, 2021, appropriating
$1.9 billion to ‘‘carry out’’ the
Reimbursement Program and amending
the Reimbursement Program eligibility
requirements to expand eligibility to
include providers of advanced
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communications service with 10 million
or fewer subscribers. See Public Law
116–260, Division N—Additional
Coronavirus Response and Relief, Title
IX—Broadband internet Access Service,
§§ 901, 906, 134 Stat. 1182 (2020). The
Commission has interpreted the term
‘‘provider of advanced communications
service’’ to mean ‘‘facilities-based
providers, whether fixed or mobile, with
a broadband connection to end users
with at least 200 kbps in one direction.’’
Second Report and Order, 35 FCC Rcd
at 14332, para. 111. Participation in the
Reimbursement Program is voluntary
but compliance with the new
information collection requirements is
required to obtain Reimbursement
Program support.
The Secure Networks Act requires all
providers of advanced communications
service to annually report, with
exception, on whether they have
purchased, rented, leased or otherwise
obtained covered communications
equipment or service on or after certain
dates. 47 U.S.C. 1603(d)(2)(B). The
Second Report and Order adopted a
new information collection requirement
to implement this statutory mandate.
See Secure Networks Act section 5. If
the provider certifies it does not have
any covered equipment and services,
then the provider is not required to
subsequently file an annual report,
unless it later obtains covered
equipment and services. Second Report
and Order at para. 215.
The Commission therefore revises this
information collection contained in the
Second Report and Order adopted by
the Commission on December 10, 2020.
A previously approved information
collection requirement was also
eliminated as it was no longer
necessary.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021–21783 Filed 10–5–21; 8:45 am]
BILLING CODE 6712–01–P
PO 00000
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 503, 511, 512, 513, 514,
515, 517, 519, 522, 523, 527, 528, 529,
532, 536, 537, 538, 539, 541, 542, 543,
546, 549, 552, and 570
[GSAR Case 2017–G506; Docket No. GSA–
GSAR 2021–0016; Sequence No. 1]
RIN 3090–AJ90
General Services Administration
Acquisition Regulation (GSAR); Clause
and Provision Designation Corrections
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
AGENCY:
GSA is issuing a final rule to
amend the General Services
Administration Acquisition Regulation
(GSAR) to correct clause and provision
designation and prescription errors,
correct deviations and alternate
identification issues, and to make other
updates to the GSAR related to
identification and incorporation of
GSAR provisions and clauses.
DATES: Effective November 5, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas O’Linn, Procurement Analyst,
at 202–445–0390 or gsarpolicy@gsa.gov,
for clarification of content. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755 or GSARegSec@gsa.gov.
Please cite GSAR Case 2017–G506.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
As part of GSA’s regulatory reform
efforts, GSA has been performing a
comprehensive review of the regulatory
requirements in the GSAR. GSA
identified designation and prescription
errors related to clauses and provisions.
Additionally, GSA identified GSAR
clause and provision identification and
incorporation issues as well as
inconsistencies among deviation
citations within GSAR part 552. The
amendments in this case will result in
conformance with Federal Acquisition
Regulation (FAR) and GSAR drafting
guidelines.
II. Authority for This Rulemaking
Title 40 of the United States Code
(U.S.C.) Section 121 authorizes GSA to
issue regulations, including the GSAR,
to control the relationship between GSA
and contractors.
III. Discussion and Analysis
The amendments to the GSAR are
minor and reflect only technical edits
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Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Rules and Regulations
and editorial corrections. More
specifically, this case makes several
editorial amendments to GSAR clause
and provision designations and
prescriptions; updates the GSAR policy
for using subpart 552.1, updates the
GSAR policy for the identification of
deviations and alternates, and updates
the GSAR policy for incorporating
GSAR provisions and clauses by
reference; and makes additional
editorial corrections related to GSAR
clauses and provision prescription.
First, this case makes corrections to
bring clause and provision designations
and prescriptions up-to-date and in
conformance with FAR and GSAR
current drafting guidelines.
Additionally, makes a number of
editorial changes to address errors
related to the designation and
prescription of several clauses and
provisions. For example, subpart 552.2
incorrectly identifies the following
GSAR clause as ‘‘552.217–73 Notice
Regarding Information Collection
Requirements’’ though the correct
identification is ‘‘552.215–73 Notice’’.
Second, this case amends several
GSAR provision titles and clause titles
to bring them in conformance with FAR
and GSAR drafting guidelines
concerning the use of deviations. GSAR
552.103 is also being amended to update
the policy on identification of
deviations to provisions and clauses
that meet the definition of deviation in
FAR 1.401. Under FAR 1.401(a), a
deviation is the ‘‘issuance or use of a
policy, procedure, solicitation provision
. . ., contract clause . . ., method, or
practice of conducting acquisition
actions of any kind at any stage of the
acquisition process that is inconsistent
with the FAR’’. A GSAR provision or
clause that is used in lieu of a FAR
provision or clause is a deviation, and
therefore, should be indicated as such.
For example, GSAR clause 552.227–70
Government Rights (Unlimited) is a
deviation to FAR clause 52.227–17
Rights in Data-Special Works; however,
the GSAR currently does not identify
the clause as being a deviation. As a
result, the clause title is being amended
to reflect the clause being a deviation.
Third, this case amends the GSAR
policy found in 552.101–70 and 552.102
for purposes of reflecting current
requirements around the use and
incorporation of GSAR provisions and
clauses. Lastly, this case makes
additional technical amendments
throughout the GSAR to conform with
the amendments covered by this case.
For example, GSAR subpart 519.7 and
part 549 are being made non-regulatory
due to existing GSAM requirements are
non-regulatory.
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IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has been reviewed
and determined by the Office of
Management and Budget (OMB) not to
be a significant regulatory action and,
therefore, was not subject to review
under section 6(b) of E.O. 12866,
Regulatory Planning and Review, dated
September 30, 1993.
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a ‘‘major rule’’ may take
effect, the agency promulgating the rule
must submit a rule report, which
includes a copy of the rule, to each
House of the Congress and to the
Comptroller General of the United
States. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This rule has been
reviewed and determined by OMB not
to be a ‘‘major rule’’ under 5 U.S.C.
804(2).
VI. Notice for Public Comment
The statute that applies to the
publication of the GSAR is the Office of
Federal Procurement Policy statute
(codified at title 41 of the United States
Code). Specifically, 41 U.S.C. 1707(a)(1)
requires that a procurement policy,
regulation, procedure or form (including
an amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This rule is not
required to be published for public
comment, because GSA is not issuing a
new regulation that has a significant
effect or imposes any requirements on
contractors or offerors; rather, because
this is a noncontroversial action that
only impacts the agency’s internal
acquisition policies and procedures
related to correcting GSAR errors and
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updating GSAR drafting policies and
procedures.
VII. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) does not apply to this
rule, because an opportunity for public
comment is not required to be given for
this rule under 41 U.S.C. 1707(a)(1) (see
Section VI. of this preamble).
Accordingly, no regulatory flexibility
analysis is required and none has been
prepared.
VIII. Paperwork Reduction Act
This rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 503,
511, 512, 513, 514, 515, 517, 519, 522,
523, 527, 528, 529, 532, 536, 537, 538,
539, 541, 542, 543, 546, 549, 552 and
570
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy,General Services Administration.
Therefore, GSA amends 48 CFR parts
503, 511, 512, 513, 514, 515, 517, 519,
522, 523, 527, 528, 529, 532, 536, 537,
538, 539, 541, 542, 543, 546, 549, 552,
and 570 as set forth below:
1. The authority citation for 48 CFR
parts 503, 511, 512, 513, 514, 515, 517,
519, 522, 523, 527, 528, 529, 532, 536,
537, 538, 539, 541, 542, 543, and 546
continues to read as follows:
■
AUTHORITY:
40 U.S.C. 121(c).
PART 503—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
2. Revise section 503.1004 to read as
follows:
■
503.1004
Contract clauses.
(a) In accordance with FAR
3.1004(b)(1)(i), GSA has established a
lower threshold for the inclusion of FAR
clause at 52.203–14. Insert the clause in
solicitations and contracts funded with
disaster assistance funds expected to be
at or above $1,000,000.
(b) The information required by FAR
3.1004(b)(2) is as follows:
(1) Poster. GSA Office of Inspector
General ‘‘FRAUDNET HOTLINE’’.
(2) Contact information. The
Contractor can obtain the poster from
the Contracting Officer.
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PART 511—DESCRIBING AGENCY
NEEDS
3. Revise section 511.204 to read as
follows:
■
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511.204
Contract clauses.
(a) Specifications and drawings. Insert
the clause at 552.211–72, Reference to
Specifications in Drawings, in
solicitations and contracts that contain
military or other drawings.
(b) Clauses for supply contracts that
exceed the simplified acquisition
threshold. When the contract amount is
expected to exceed the simplified
acquisition threshold, insert—
(1) The clause at 552.211–73,
Marking, in solicitations and contracts
for supplies when deliveries may be
made to both civilian and military
activities.
(2) The clause at 552.211–75,
Preservation, Packaging, and Packing, in
solicitations and contracts for supplies.
The contracting officer may also include
the clause in contracts estimated to be
at or below the simplified acquisition
threshold when appropriate. Use the
clause with its Alternate I in
solicitations and contracts for all
Federal Supply Schedule contracts.
(3) A clause substantially the same as
the clause at 552.211–76, Charges for
Packaging, Packing, and Marking, in
solicitations and contracts for supplies
to be delivered to GSA distribution
centers.
(4) The clause at 552.211–85,
Consistent Pack and Package
Requirements, in solicitations and
contracts for supplies when deliveries
may be made to both civilian and
military activities.
(5) The clause at 552.211–86,
Maximum Weight Per Shipping
Container, in solicitations and contracts
for supplies when deliveries may be
made to both civilian and military
activities.
(6) The clause at 552.211–87, Export
Packing, in solicitations and contracts
for supplies when deliveries may be
made to both civilian and military
activities.
(7) The clause at 552.211–88, Vehicle
Export Preparation, in solicitations and
contracts for supplies when deliveries
may be made to both civilian and
military activities.
(8) The clause at 552.211–89, NonManufactured Wood Packaging Material
for Export, in solicitations and contracts
for supplies when deliveries may be
made to both civilian and military
activities overseas.
(9) The clause at 552.211–90, Small
Parts, in solicitations and contracts for
supplies when deliveries may be made
to both civilian and military activities.
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(10) The clause at 552.211–91,
Vehicle Decals, Stickers, and Data
Plates, in solicitations and contracts for
supplies when deliveries may be made
to both civilian and military activities.
(11) The clause at 552.211–92, Radio
Frequency Identification (RFID) using
Passive Tags, in solicitations and
contracts for supplies when deliveries
may be made to military activities.
(c) Supply contracts. Insert the clause
at 552.211–77, Packing List, in
solicitations and contracts for supplies,
including purchases over the micropurchase threshold. Use the clause with
its Alternate I in solicitations and
contracts for all Federal Supply
Schedule contracts.
■ 4. Revise section 511.404 to read as
follows:
511.404
Contract clauses.
(a) Supplies or services. (1) Shelf-life
items. Insert the following clauses in
solicitations and contracts that require
delivery of shelf-life items within a
specified timeframe from the date of
manufacture or production:
(i) The clause at 552.211–79,
Acceptable Age of Supplies, if the
required shelf-life period is 12 months
or less, and lengthy acceptance testing
may be involved. For items having a
limited shelf-life and when required by
the program director, use the clause
with its Alternate I.
(ii) The clause at 552.211–80, Age on
Delivery, if the required shelf-life period
is more than 12 months, or when source
inspection can be performed within a
short time period.
(2) Stock replenishment contracts.
Insert the clause at 552.211–81, Time of
Shipment, in solicitations and contracts
when a stock replenishment contract is
contemplated that does not include the
clause at 552.211–83 and requires
shipment within 45 calendar days after
receipt of the order. Use the clause with
its Alternate I if shipment is required
after 45 days of receipt of the order.
(3) Indeterminate testing time. Insert
the clause at 552.211–83, Availability
for Inspection, Testing, and Shipment/
Delivery, in solicitations and contracts
that provide for source inspection by
Government personnel and that require
lengthy testing for which time frames
cannot be determined in advance. Use
the clause with its Alternate I if the
contract is for stock items.
(4) Stock program time of delivery.
Insert the clause at 552.211–94, Time of
Delivery, in solicitations and contracts
for supplies for the Stock Program when
neither the FAR clause at 52.211–8, or
the FAR clause at 52.211–9 is suitable.
(b) Construction. Insert the following
clauses in solicitations and contracts
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when a fixed-price construction contract
is contemplated:
(1) The clause at 552.211–10,
Commencement, Prosecution, and
Completion of Work.
(2) The clause at 552.211–70,
Substantial Completion.
■ 5. Add section 511.503 to subpart
511.5 to read as follows:
511.503
Contract clauses.
(a) Insert the clause at 552.211–12,
Liquidated Damages-Construction, in
solicitations and contracts for
construction, other than cost-plus-fixedfee, when the contracting officer
determines that liquidated damages are
appropriate (see FAR 11.501(a)).
(b) Insert the clause at 552.211–13,
Time Extensions, in solicitations and
contracts for construction that includes
the clause at 552.211–12.
511.504
■
[Removed]
6. Remove section 511.504.
PART 512—ACQUISITION OF
COMMERCIAL ITEMS
7. Revise section 512.301 to read as
follows:
■
512.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(a) Contract clauses. Insert the
following clauses in solicitations and
contracts for the acquisition of
commercial items:
(1) The clause at 552.212–71, Contract
Terms and Conditions Applicable to
GSA Acquisition of Commercial Items.
This clause incorporates by reference
only those clauses required to
implement GSA requirements
applicable to the acquisition of
commercial items. This clause may be
tailored in accordance with FAR 12.302
and GSAM 512.302.
(2) The clause at 552.212–72, Contract
Terms and Conditions Required to
Implement Statutes or Executive Orders
Applicable to GSA Acquisitions of
Commercial Items, when any listed
clauses therein apply. This clause
incorporates by reference only those
clauses required to implement
provisions of law or Executive orders
that apply to commercial item
acquisitions.
(b) FAR deviation. GSA has a FAR
deviation that allows use of the clause
at 552.212–4 in lieu of the FAR clause
at 52.212–4. Insert the clause at
552.212–4, Contract Terms and
Conditions-Commercial Items, in lieu of
the FAR clause at 52.212–4. Use the
clause with its Alternate I in lieu of the
FAR clause at 52.212–4 and its
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Alternate I. This clause may be tailored
in accordance with FAR 12.302 and
GSAM 512.302.
(c) Discretionary use of GSAR
provisions and clauses. Consistent with
the limitations contained in FAR 12.302
and 512.302, the contracting officer may
include in solicitations and contracts by
addendum other GSAR provisions and
clauses.
(d) Use of additional provisions and
clauses. The Senior Procurement
Executive shall approve the use of a
provision or clause that is either not:
(1) Prescribed in the FAR or GSAR for
use in acquisitions for commercial
items.
(2) Consistent with customary
commercial practice.
PART 513—SIMPLIFIED ACQUISITION
PROCEDURES
8. Revise section 513.202 to read as
follows:
■
513.202 Unenforceability of unauthorized
obligations in micro-purchases.
Many supplies or services are
acquired subject to commercial supplier
agreements, as defined in 502.101. The
clause at 552.232–39, Unenforceability
of Unauthorized Obligations,
automatically applies to any micropurchase, including those made with
the Governmentwide purchase card in
lieu of the FAR clause at 52.232–39.
■ 9. Revise section 513.302–5 to read as
follows:
513.302–5
Clauses.
Where the supplies or services are
offered under a commercial supplier
agreement, as defined in 502.101, see
532.706–3 for applicable clauses.
PART 514—SEALED BIDDING
10. Revise section 514.201–6 to read
as follows:
■
514.201–6
Solicitation provisions.
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514.202–4
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517.208
515.209–70
Contract clause.
(a) Insert the clause at 552.215–70,
Examination of Records by GSA, in
solicitations and contracts exceeding the
simplified acquisition threshold that
meet any of the following conditions:
(1) Involve the use or disposition of
Government-furnished property.
(2) Provide for advance payments,
progress payments based on cost, or
guaranteed loan.
(3) Contain a price warranty or price
reduction clause.
(4) Involve income to the Government
where income is based on operations
under the control of the contractor.
(5) Include an economic price
adjustment clause where the adjustment
is not based solely on an established,
third party index.
(6) Are requirements, indefinitequantity, or letter type contracts as
defined in FAR part 16.
(7) Are subject to adjustment based on
a negotiated cost escalation base.
(8) Contain the FAR provision at
52.223–4.
(b) The clause in paragraph (a) of this
subsection may be modified to define
the specific area of audit (e.g., the use
or disposition of Government-furnished
property). Legal (i.e., the Office of
General Counsel or the Office of
Regional Counsel, as appropriate), and
Inspector General (i.e., the Assistant
Inspector General for Auditing or the
Regional Inspector General for Auditing,
as appropriate) must concur with any
modification to the clause.
(c) Insert the clause at 552.215–73,
Notice, in all solicitations and contracts
for negotiated procurements exceeding
the simplified acquisition threshold in
accordance with FAR part 15.
13. Revise section 517.109 to read as
follows:
517.109
Bid samples.
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12. Revise section 515.209–70 to read
as follows:
■
(a) * * *
(3) Insert the provision at 552.214–72,
Bid Sample Requirements, in invitations
for bids if bid samples are required. This
provision may be modified to fit the
circumstances of a procurement.
*
*
*
*
*
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■
PART 517—SPECIAL CONTRACTING
METHODS
Insert the provision at 552.214–70,
‘‘All or None’’ Bids, in invitations for
bids when reserving the right to
evaluate and make an award on an all
or none basis.
■ 11. Amend section 514.202–4 by
revising paragraph (a)(3) to read as
follows:
15. Revise section 517.208 to read as
follows:
PART 515—CONTRACTING BY
NEGOTIATION
■
Contract clause.
Use of the FAR clause at 52.217–2 is
optional in multi-year contracts
authorized by—
(a) 40 U.S.C. 581(c)(6) for the
inspection, maintenance, and repair of
fixed equipment in a federally-owned
building; and
(b) 40 U.S.C. 501(b)(1)(B) for public
utility services.
517.203
■
[Removed]
14. Remove section 517.203.
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Solicitation provisions.
(a) Insert a provision substantially the
same as the provision at 552.217–70,
Evaluation of Options, in solicitations
for the Special Order Program when the
following conditions apply:
(1) The solicitation contains an option
clause to extend the term of the
contract; and
(2) The contract will be fixed price
and contain an economic price
adjustment clause.
(b) Insert a provision substantially the
same as the provision at 552.217–71,
Notice Regarding Option(s), in
solicitations that include an option
clause for increased quantities of
supplies or services, or an option clause
to extend the term of the contract.
PART 519—SMALL BUSINESS
PROGRAMS
16. Add section 519.507 to subpart
519.5 to read as follows:
■
519.507
Contract clause.
Insert the clause at 552.219–70,
Allocation of Orders—Partially SetAside Items, in solicitations and
contracts when a requirements contract
for supplies is contemplated that will
involve partially setting aside orders for
small business.
519.508
■
[Removed]
17. Remove section 519.508.
Subpart 519.7 [Removed]
18. Remove subpart 519.7.
19. Add section 519.870–2 to subpart
519.8 to read as follows:
■
■
519.870–2
Contract clauses.
(a) Insert the following clauses in
solicitations, contracts, and orders
issued under GSA’s Partnership
Agreement:
(1) 552.219–74, Section 8(a) Direct
Award;
(2) 52.219–14, Limitations on
Subcontracting; and
(3) 52.219–18, Notification of
Competition Limited to Eligible 8(a)
Participants, with—
(i) Paragraph (c) of the clause
substituted with the following text ‘‘(c)
Any award resulting from this
solicitation will be made directly by the
Contracting Officer to the successful 8(a)
offeror selected through the evaluation
criteria set forth in this solicitation’’ and
(ii) The text ‘‘(DEVIATION)’’ added
after the date of the clause.
(b) Do not insert the following FAR
clauses—
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clause at 552.227–71, Drawings and
Other Data to Become Property of
Government, in lieu the clause at FAR
52.227–17, in solicitations and contracts
for—
(1) Architect-engineer services.
(2) Construction contracts involving
architect-engineer services.
(1) 52.219–11, Special 8(a) Contract
Conditions;
(2) 52.219–12, Special 8(a)
Subcontract Conditions; and
(3) 52.219–17, Section 8(a) Award.
519.870–8
■
[Removed]
20. Remove section 519.870–8.
PART 522—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
21. Revise section 522.103–5 to read
as follows:
■
522.103–5
Contract clauses.
PART 523—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG–FREE
WORKPLACE
[Amended]
22. In section 523.303 amend
paragraphs (a), (b), and (c) by removing
the word ‘‘Insert’’ and adding in its
place the phrase, ‘‘Insert the clause at’’.
■
523.370
[Amended]
23. Revise section 523.370 to read as
follows:
■
523.370
Solicitation provision.
Insert the provision at 552.223–72,
Hazardous Material Information, in
solicitations that provide for the
delivery of hazardous materials on an
f.o.b. origin basis.
jspears on DSK121TN23PROD with RULES1
[Removed]
26. Remove sections 529.401 through
529.401–71.
■ 27. Add section 529.470 to read as
follows:
■
Domestic contract clauses.
(a) Insert the clause at 552.229–70,
Federal, State, and Local Taxes, in
solicitations and contracts estimated to
exceed the micro-purchase threshold,
but not the simplified acquisition
threshold.
(b) Insert the clause at 552.229–71,
Federal Excise Tax—DC Government, in
solicitations and contracts that allow the
District of Columbia Government to
place orders under the contract.
532.111 Contract clauses for noncommercial purchases.
Contract clauses.
GSA has a FAR deviation that allows
use of the clauses in paragraphs (a) and
(b) of this section in lieu of the FAR
clause at 52.227–17.
(a) Except as provided in paragraph
(b) of this section, insert the clause at
552.227–70, Government Rights
(Unlimited), in lieu of the FAR clause at
52.227–17, in solicitations and contracts
for—
(1) Architect-engineer services.
(2) Construction contracts involving
architect-engineer services.
(b) If the Government requires sole
property rights and exclusive control
over the design and data, insert the
Jkt 256001
529.401 through 529.401–71
28. Revise section 532.111 to read as
follows:
24. Revise section 527.409 to read as
follows:
16:21 Oct 05, 2021
PART 529—TAXES
529.470
(a) FAR deviation. GSA has a FAR
deviation that allows use of the clause
at 552.232–1 in lieu of the FAR clause
at 52.232–1. Insert the clause at
552.232–1, Payments, in solicitations
and contracts when a fixed-price supply
contract, a fixed-price service contract,
or a contract for nonregulated
communication services is
contemplated, in lieu of the FAR clause
at 52.232–1.
(b) Construction contracts. Insert the
clause at 552.232–5, Payments under
Fixed-Price Construction Contracts, in
solicitations and contracts when a fixedprice construction contract is
contemplated.
■ 29. Revise section 532.706–3 to read
as follows:
PO 00000
Frm 00046
Fmt 4700
GSA has a FAR deviation that allows
use of the clause in paragraph (a) of this
subsection in lieu of the FAR clause at
52.232–39.
(a) Insert the clause at 552.232–39,
Unenforceability of Unauthorized
Obligations in all solicitations and
contracts in lieu of the FAR clause at
52.232–39.
(b) Insert the clause at 552.232–78,
Commercial Supplier AgreementsUnenforceable Clauses, in all
solicitations and contracts (including
orders) when not using FAR part 12.
■ 30. Amend section 532.904 by
revising paragraph (b) to read as follows:
532.904
Determining payment due dates.
*
■
■
VerDate Sep<11>2014
Insert the clause at 552.228–5,
Government as Additional Insured, in
solicitations and contracts that are
expected to exceed the simplified
acquisition threshold and require work
on a Government installation.
PART 532—CONTRACT FINANCING
PART 527—PATENTS, DATA, AND
COPYRIGHTS
527.409
25. Revise section 528.310 to read as
follows:
■
528.310 Contract clause for work on a
Government installation.
Insert the FAR clause at 52.222–1 in
solicitations and contracts for DX rated
orders under the Defense Priorities and
Allocations System (see FAR subpart
11.6).
523.303
PART 528—BONDS AND INSURANCE
532.706–3 Contract clauses for
unenforceability of unauthorized
obligations.
Sfmt 4700
*
*
*
*
(b) An official one level above the
contracting officer shall approve
justifications exercising the authority
prescribed by FAR 32.904(d)(1)(i)(B).
The time needed should be determined
on a case-by-case basis, but the specified
constructive acceptance period shall not
exceed 30 days.
■ 31. Revise section 532.908 to read as
follows:
532.908
Contract clauses.
(a) Building services contracts. Insert
the clause at 552.232–72, Final Payment
Under Building Services Contracts, in
solicitations and contracts for building
services.
(b) Stock, Special Order, and
Schedules programs. (1) GSA has a FAR
deviation to authorize payment within
10 days of receipt of a proper invoice.
The deviation applies only to:
(i) Orders placed by GSA under Stock,
Special Order, and Schedules programs;
(ii) That include FAR clause at
52.232–33; and
(iii) For which the order is placed,
and the contractor submits invoices
using EDI in accordance with the
Trading Partner Agreement.
(2) If the contract is not for
commercial items, use the clause at
552.232–25, Prompt Payment, in lieu of
the FAR clause at 52.232–25.
PART 536—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
536.515
[Amended]
32. In section 536.515 amend
paragraphs (a), (b), and (c) by removing
the words ‘‘to be above’’ and adding in
their place ‘‘to exceed’’.
■
33. Amend section 536.7107 by
revising paragraph (a) to read as follows:
■
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Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Rules and Regulations
536.7107
Contract clauses.
(a) FAR deviation. GSA has a FAR
deviation that allows use of the clause
552.236–79 in lieu of the FAR clause at
52.216–17. Insert a clause substantially
the same as the clause at 552.236–79,
Construction-Manager-As-Constructor,
in solicitations and contracts if
construction, dismantling, or removal of
improvements is contemplated when a
CMc project delivery method will be
followed in lieu of the FAR clause at
52.216–17.
*
*
*
*
*
solicitations that include information
technology supplies, services or systems
in which the contractor will have
physical or electronic access to
government information that directly
supports the mission of GSA.
(b) Insert the clause at 552.239–71,
Security Requirements for Unclassified
Information Technology Resources, in
solicitations and contracts containing
the provision in paragraph (a) of this
section.
PART 541—ACQUISITION OF UTILITY
SERVICES
PART 537—SERVICE CONTRACTING
38. Revise section 541.501 to read as
follows:
■
34. Revise section 537.110 to read as
follows:
■
537.110
541.501
Contract clauses.
(a) Contracts for building services.
Except for solicitations and contracts for
building services placed under FAR
subpart 8.7, insert the clause at
552.237–71, Qualifications of
Employees, in solicitations and
contracts for building services that are
anticipated to exceed the simplified
acquisition threshold.
(b) Contracts for guard services. Insert
the clause at 552.237–72, Prohibition
Regarding ‘‘Quasi-Military Armed
Forces,’’ in solicitations and contracts
for guard services.
(a) FAR deviation. GSA has a FAR
deviation that allows use of the clause
at 552.241–70 in lieu of the FAR clause
at 52.232–19. Insert the clause at
552.241–70, Availability of Funds for
the Next Fiscal Year or Quarter, in lieu
of the FAR clause at 52.232–19, in all
utility acquisitions.
(b) Utility services. Insert the clause at
552.241–71, Disputes (Utility Contracts),
in solicitations and contracts for utility
services subject to the jurisdiction and
regulation of a utility rate commission.
PART 538—FEDERAL SUPPLY
SCHEDULE CONTRACTING
PART 542—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
538.273
[Amended]
35. In section 538.273 amend
paragraph (d)(1) by removing the terms
‘‘Authorized FSS’’ and adding in its
place the term ‘‘Authorized Federal
Supply Schedule’’.
■ 36. Amend section 538.7204 by
revising paragraph (b) to read as follows:
■
39. Revise section 542.1107 to read as
follows:
■
542.1107
Contract clause.
*
*
*
*
(b) Insert the clause at 552.238–115,
Special Ordering Procedures for the
Acquisition of Order-Level Materials, in
FSS solicitations and contracts
authorized to allow for order-level
materials.
Insert the clause at 552.242–70, Status
Report of Orders and Shipments, in
solicitations and contracts when a
requirements or indefinite-quantity
contract for Stock or Special Order
Program items is contemplated. The
clause may be used in indefinitedelivery definite-quantity contracts for
Stock or Special Order Program items
when close monitoring is necessary
because numerous shipments are
involved.
PART 539—ACQUISITION OF
INFORMATION TECHNOLOGY
PART 543—CONTRACT
MODIFICATIONS
538.7204
Contract clauses.
*
■
539.7002 Solicitation provision and
contract clause.
543.205
Except for solicitations and contracts
for personal services with individuals—
(a) Insert the provision at 552.239–70,
Information Technology Security Plan
and Security Authorization, in
Insert the clause at 552.243–71,
Equitable Adjustments, in solicitations
and contracts that include any of the
following FAR clauses: 52.243–4,
52.243–5, or 52.236–2.
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16:21 Oct 05, 2021
Jkt 256001
40. Revise section 543.205 to read as
follows:
PO 00000
Contract clause.
Frm 00047
Fmt 4700
Sfmt 4700
PART 546—QUALITY ASSURANCE
41. Revise sections 546.302–70
through 546.312 to read as follows:
■
546.302–70 Source inspection by Quality
Approved Manufacturer for fixed-price
supply contracts.
(a) Insert the clause at 552.246–70,
Source Inspection by Quality Approved
Manufacturer:
(1) In FAS solicitations and contracts
that—
(i) Will exceed the simplified
acquisition threshold;
(ii) Include the FAR clause at 52.246–
2; and
(iii) Provide for source inspection for
the Stock and Special Order Programs.
(2) In solicitations and contracts
that—
(i) Are below the simplified
acquisition threshold;
(ii) Include the FAR clause at 52.246–
2; and
(iii) Support the Wildfire program; or
(iv) When a pattern of acquisitions
demonstrates an ongoing relationship
with the contractor.
(b) The contracting officer may
authorize inspection and testing at
manufacturing plants or other facilities
located outside the United States,
Puerto Rico, or the U.S. Virgin Islands
according to paragraph (a)(1) of the
clause at 552.246–70 when any of the
following conditions apply and after
coordinating the authorization with
QVOC and documenting the
authorization in the file:
(1) Inspection services are available
from another Federal agency with
primary inspection responsibility in the
geographic area.
(2) An inspection interchange
agreement exists with another agency
for inspection at a contractor’s plant.
(3) Other considerations will ensure
more economical and effective
inspection consistent with the
Government’s interest.
546.302–71
Source inspection.
Insert the clause at 552.246–71,
Source Inspection by Government, in
FAS solicitations and contracts where
Government personnel at the source
will perform inspection.
546.302–72
37. Revise section 539.7002 to read as
follows:
■
jspears on DSK121TN23PROD with RULES1
Contract clauses.
55521
Destination Inspection.
Insert the clause at 552.246–78,
Inspection at Destination, in
solicitations and contracts for supplies
that require inspection at destination.
546.312
Construction contracts.
Insert the clause at 552.246–72, Final
Inspection and Tests, in solicitations
and contracts for construction that
include the FAR clause at 52.246–12.
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42. Revise section 546.710 to read as
follows:
■
546.710
Contract clause.
Insert the clause at 552.246–77,
Additional Contract Warranty
Provisions for Supplies of a
Noncomplex Nature, in solicitations and
contracts that include the FAR clause at
52.246–17.
PART 549—[REMOVED]
43. Under the authority of 40 U.S.C.
121(c), remove part 549.
■
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
44. The authority citation for 48 CFR
part 552 continues to read as follows:
■
Authority: 40 U.S.C. 121(c).
45. Revise sections 552.101–70
through 552.103 to read as follows:
■
jspears on DSK121TN23PROD with RULES1
552.101–70
Using part 552.
(a) Numbering. (1) GSAR provisions
or clauses which are ‘‘substantially’’ the
same as a FAR provision or clause (e.g.,
552.232–1, Payments) are identified as
follows:
(i) The provision or clause has the
same title as the FAR provision or
clause.
(ii) The provision or clause has the
same number as the FAR provision or
clause, except the number is preceded
by the number ‘‘5’’.
(2) GSA prescribed provisions and
clauses (e.g., 552.232–72, Final Payment
Under Building Services Contracts) are
numbered in the same manner as the
FAR, except that—
(i) The number is preceded by the
number ‘‘5’’, and
(ii) The sequential number at the end
of the number of the provision or clause
is ‘‘70’’ or a higher number.
(b) Prescriptions. Each provision or
clause in subpart 552.2 is prescribed at
the place in the GSAR where the subject
matter of the provision or clause
receives its primary treatment. The
prescription includes all conditions,
requirements, and instructions for using
the provision or clause and its
alternates, if any. The provision or
clause may be referred to in other
GSAM locations.
(c) Introductory text. Within subpart
552.2, the introductory text of each
provision or clause includes a crossreference to the location in the GSAR
that prescribes its use.
(d) Dates. Since they are subject to
revision from time to time, all GSAR
provisions, clauses, and alternates are
dated; e.g., (DEC 1983). To avoid
VerDate Sep<11>2014
16:21 Oct 05, 2021
Jkt 256001
questions concerning which version of
any provision, clause, or alternate is
operative in any given solicitation or
contract, its date shall be included
whether it is incorporated by reference
or in full text.
552.102 Incorporating provisions and
clauses.
(a) Except for paragraph (b) of this
section, GSAR provisions and clauses
should be incorporated by reference to
the maximum practical extent, rather
than being incorporated in full text.
Upon request, the contracting officer
shall provide the full text of any GSAR
provision or clause incorporated by
reference.
(b) A GSAR provision or clause
should not be incorporated in full text
if—
(1) It requires modification or
completion by the Government (e.g.,
completion of blanks in provisions or
clauses) (see FAR 52.104 and 552.104);
(2) It requires completion by the
offeror or contractor;
(3) It is identified as a deviation (see
552.103); or
(4) It is used with one or more
alternates.
552.103 Identification of provisions and
clauses.
(a) General. When a GSAR provision
or clause is used without deviation in a
solicitation or contract, it shall be
identified by number, title, and date
(e.g., 552.211–77, Packing List (FEB
1996)).
(b) Deviations. (1) Federal Acquisition
Regulation deviations. When a GSAR
provision or clause is used with an
authorized deviation in lieu of a FAR
provision or clause in a solicitation or
contract, it shall be identified by
number, title, date, and the deviation
label (e.g., 552.232–1, Payments (NOV
2009) (DEVIATION FAR 52.232–1)). The
deviation label consists of the text
‘‘DEVIATION FAR’’ and the applicable
FAR provision or clause number
enclosed in parentheses (e.g.,
(DEVIATION FAR 52.232–1)).
(2) General Services Administration
Acquisition Regulation deviations.
When a GSAR provision or clause is
used with an authorized deviation in a
solicitation or contract, it shall be
identified by number, title, date, and the
text ‘‘(DEVIATION)’’ inserted after the
date (e.g., 552.232–1, Payments (NOV
2009) (DEVIATION)).
(c) Alternates. When a GSAR
provision or clause is used with an
alternate in a solicitation or contract, it
shall be identified by the basic
provision or clause citation and the
alternate label (e.g., 552.211–77, Packing
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
List (FEB 1996) Alternate I (MAY
2003)). The alternate label consists of
the word ‘‘Alternate’’, the alternate
number, and date (e.g., Alternate I
(MAY 2003)).
46. Revise section 552.107–70 to read
as follows:
■
552.107–70 Solicitation provision and
contract clause.
GSA has a FAR deviation that allows
use of the following provision and
clause in lieu of the FAR provision at
52.252–5 and the FAR clause at 52.252–
6:
(a) Insert the provision at 552.252–5,
Authorized Deviations in Provisions, in
solicitations that include any FAR or
GSAR provision with an authorized
deviation in lieu of the FAR provision
at 52.252–5.
(b) Insert the clause at 552.252–6,
Authorized Deviations in Clauses, in
solicitations and contracts that include
any FAR or GSAR clause with an
authorized deviation in lieu of the FAR
clause at 52.252–6.
552.211–10
[Amended]
47. Amend section 552.211–10 by
removing from the introductory text
‘‘511.404’’ and adding ‘‘511.404(b)’’ in
its place.
■
552.211–12
[Amended]
48. Amend section 552.211–12 by—
a. Removing from the introductory
text ‘‘511.404’’ and adding ‘‘511.503(a)’’
in its place; and
■ b. Revising the clause heading.
The revision reads as follows:
■
■
552.211–12 Liquidated Damages—
Construction.
*
*
*
*
*
Liquidated Damages—Construction
(MAR 2019)
*
*
552.211–13
*
*
*
[Amended]
49. Amend section 552.211–13 by
removing from the introductory text
‘‘511.504’’ and adding ‘‘511.503(b)’’ in
its place.
■
552.211–70
[Amended]
50. Amend section 552.211–70 by
removing from the introductory text
‘‘511.404’’ and adding ‘‘511.404(b)’’ in
its place.
■ 51. Amend section 552.211–75 by
revising the section heading, and the
introductory text of Alternate I to read
as follows:
■
552.211–75
Packing.
*
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Preservation, Packaging, and
*
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*
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Alternate I (MAY 2003). As prescribed
at 511.204(b)(2), substitute the following
sentence for the last sentence of the
basic clause:
*
*
*
*
*
■ 52. Revise section 552.211–76 heading
to read as follows:
redesignate paragraph (b) of the basic
clause accordingly.
*
*
*
*
*
■ 58. Revise section 552.211–85 heading
to read as follows:
552.211–76 Charges for Packaging,
Packing, and Marking.
*
*
*
*
*
■ 59. Revise section 552.211–86 heading
to read as follows:
*
*
*
*
*
53. Amend section 552.211–77 by
revising the introductory text of
Alternate I to read as follows:
■
552.211–77
552.211–86
Container.
Acceptable Age of Supplies.
*
*
*
*
*
Alternate I (FEB 1996). As prescribed
in 511.404(a)(1)(i), substitute the
following sentence for the first sentence
of the basic clause:
*
*
*
*
*
[Amended]
552.211–87
*
*
*
*
■ 61. Revise section 552.211–88 heading
to read as follows:
552.211–88
*
*
*
*
■ 62. Revise section 552.211–89 heading
to read as follows:
552.211–89 Non-manufactured Wood
Packaging Material for Export.
*
*
*
*
*
63. Revise section 552.211–90 heading
to read as follows:
■
552.211–90
*
*
*
*
64. Revise section 552.211–91 heading
to read as follows:
■
■
■
552.211–91 Vehicle Decals, Stickers, and
Data Plates.
*
*
*
*
*
65. Revise section 552.211–92 heading
to read as follows:
■
552.211–92 Radio Frequency Identification
(RFID) Using Passive Tags.
*
Time of Shipment.
*
*
*
*
*
Alternate I (FEB 1996). As prescribed
in 511.404(a)(2), add the following
paragraph to the basic clause:
*
*
*
*
*
■ 57. Amend section 552.211–83 by—
■ a. Removing from the introductory
text ‘‘511.204(c)’’ and adding
‘‘511.404(a)(3)’’ in its place; and
■ b. Revising the introductory text of
Alternate I.
The revision reads as follows:
*
*
*
*
66. Amend section 552.211–94 by—
a. Revising the section heading; and
b. Removing from the introductory
text ‘‘511.404(d)’’ and adding
‘‘511.404(a)(4)’’ in its place.
The revision reads as follows:
552.211–94
*
*
552.212–71
*
*
■
[Amended]
Frm 00049
Fmt 4700
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[Amended]
70. Amend section 552.216–75 by—
a. Removing from the introductory
text the word ‘‘provision’’ and adding
the word ‘‘clause’’ in its place; and
■ b. Removing from the end of the
section ‘‘(End of Provision)’’ and adding
‘‘(End of clause)’’ in its place.
■ 71. Amend section 552.217–73 by—
■ a. Redesignating section 552.217–73
as 552.215–73;
■ b. Revising the heading of the newly
redesignated section 552.215–73; and
■ c. Removing from the introductory
text ‘‘515.209–70(b)’’ and adding
‘‘515.209–70(c)’’ in its place.
The revision reads as follows:
■
■
552.215–73
*
*
552.219–70
Notice.
*
*
*
[Amended]
72. Amend section 552.219–70 by
removing from the introductory text
‘‘519.508’’ and adding ‘‘519.507’’ in its
place.
■
[Amended]
73. Amend section 552.219–74 by
removing from the introductory text
‘‘519.870–8’’ and adding ‘‘519.870–2(a)’’
in its place.
■ 74. Amend section 552.227–70 by—
■ a. Removing from the introductory
text ‘‘527.409’’ and adding ‘‘527.409(a)’’
in its place; and
■ b. Revising the clause heading.
The revision reads as follows:
■
552.227–70 Government Rights
(Unlimited).
*
*
*
*
*
Government Rights (Unlimited) (MAY
1989) (Deviation FAR 52.227–17)
*
*
*
*
*
75. Amend section 552.227–71 by
revising the introductory text and clause
heading to read as follows:
■
As prescribed in 527.409–70(b), insert
the following clause:
Drawings and Other Data To Become
Property of Government (MAY 1989)
(Deviation FAR 52.227–17)
*
68. Amend section 552.212–72 by
removing from the introductory text
‘‘512.301(a)(3)’’ and adding
‘‘512.301(a)(2)’’ in its place.
PO 00000
552.216–75
552.227–71 Drawings and Other Data To
Become Property of Government.
[Amended]
67. Amend section 552.212–71 by
removing from the introductory text
‘‘512.301(a)(2)’’ and adding
‘‘512.301(a)(1)’’ in its place.
552.212–72
Jkt 256001
*
■
552.211–83 Availability for Inspection,
Testing, and Shipment/Delivery.
*
*
*
*
Alternate I (FEB 1996). As prescribed
in 511.404(a)(3), add the following
paragraph (b) to the basic clause and
Time of Delivery.
*
[Amended]
69. Amend section 552.216–73, in
Alternate I by removing from the end of
the paragraph ‘‘basic provision’’ and
adding ‘‘basic provision and redesignate
paragraph (e) accordingly’’ in its place.
■
552.219–74
Small Parts.
*
552.211–81
16:21 Oct 05, 2021
Vehicle Export Preparation.
*
■
VerDate Sep<11>2014
Export Packing.
*
55. Amend section 552.211–80 by
removing from the introductory text
‘‘511.404(a)(2)’’ and adding
‘‘511.404(a)(1)’’ in its place.
■ 56. Amend section 552.211–81 by—
■ a. Removing from the introductory
text ‘‘511.404(b)’’ and adding
‘‘511.404(a)(2)’’ in its place; and
■ b. Revising the introductory text of
Alternate I.
The revision reads as follows:
■
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*
*
*
*
60. Revise section 552.211–87 heading
to read as follows:
■
*
*
*
*
Alternate I (MAY 2003). As prescribed
in 511.204(c), substitute the following
paragraphs (a)(3) and (b) for paragraphs
(a)(3) and (b) of the basic clause:
*
*
*
*
*
■ 54. Amend section 552.211–79 by
revising the introductory text of
Alternate I to read as follows:
552.211–80
Maximum Weight per Shipping
*
Packing List.
*
552.211–79
552.211–85 Consistent Pack and Package
Requirements.
552.216–73
55523
*
552.229–70
*
*
*
[Amended]
76. Amend section 552.229–70 by
removing from the introductory text
■
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‘‘529.401–70’’ and adding ‘‘529.470(a)’’
in its place.
552.229–71
[Amended]
77. Amend section 552.229–71 by
removing from the introductory text
‘‘529.401–71’’ and adding ‘‘529.470(b)’’
in its place.
■
552.232–1
[Amended]
78. Amend section 552.232–1 by
removing from the introductory text
‘‘532.908(a)’’ and adding ‘‘552.111(a)’’
in its place.
paragraphs (d), (e), (f), and (g) of the
basic clause:
*
*
*
*
*
■
552.236–74
552.238–81
[Amended]
85. Amend section 552.236–74 by
removing from the introductory text
‘‘insert the’’ and adding ‘‘insert a
provision substantially the same as the’’
in its place.
■
■
552.232–5
[Amended]
79. Amend section 552.232–5 by
removing from the introductory text
‘‘532.111’’ and adding ‘‘552.111(b)’’ in
its place.
■
552.232–25
[Amended]
552.232–39 Unenforceability of
Unauthorized Obligations.
As prescribed in 532.706–3, insert the
following clause:
Unenforceability of Unauthorized
Obligations (FEB 2018) (Deviation FAR
52.232–39)
*
*
552.232–72
*
*
[Amended]
82. Amend section 552.232–72 by
removing from the introductory text
‘‘532.904(b)’’ and adding ‘‘532.908(a)’’
in its place.
■ 83. Amend section 552.232–78 by—
■ a. Revising the introductory text; and
■ b. Removing from the clause heading
‘‘(FEB. 2018)’’ and adding ‘‘(FEB 2018)’’
in its place.
The revision reads as follows:
jspears on DSK121TN23PROD with RULES1
■
86. Amend section 552.236–75 by
removing from the introductory text
‘‘insert the’’ and adding ‘‘insert a
provision substantially the same as the’’
in its place.
■ 87. Amend section 552.236–76 by
revising the section heading, the
introductory text, and the introductory
text of Alternate I to read as follows:
■
As prescribed in 536.270–5(c), insert
a provision substantially the same as the
following provision:
*
*
*
*
*
Alternate I (MAR 2019). As prescribed
in 536.270–5(c), redesignate the basic
provision as paragraph (a) and add the
following paragraph (b) to the basic
provision:
*
*
*
*
*
552.236–77
552.236–79 Construction-Manager-AsConstructor.
As prescribed in 536.7107(a), insert a
clause substantially the same as the
following clause:
Construction-Manager-As-Constructor
(JAN 2020) (Deviation FAR 52.216–17)
As prescribed in 532.706–3(b), insert
the following clause:
*
*
*
*
*
■ 84. Amend section 552.236–71 in
Alternate I by revising the introductory
text to read as follows:
552.236–80
552.236–71
552.238–77
Contractor Responsibilities.
*
*
*
*
Alternate I (MAR 2019). As prescribed
in 536.571, substitute the following
paragraphs (d), (e), (f), and (g) for
VerDate Sep<11>2014
16:21 Oct 05, 2021
Jkt 256001
[Amended]
88. Amend section 552.236–77 by
removing from the introductory text
‘‘insert the’’ and adding ‘‘insert a clause
substantially the same as the’’ in its
place.
■ 89. Amend section 552.236–79 by
revising the introductory text and clause
heading to read as follows:
*
*
*
*
*
[Amended]
[Amended]
91. Amend section 552.238–77 by—
a. Removing from the clause heading
‘‘(FEB 2020)’’ and adding ‘‘(MAR 2020)’’
in its place; and
■
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92. In section 552.238–81 amend
Alternate I by removing from the
introductory text ‘‘substitute the
following paragraph’’ and adding
‘‘substitute the following paragraphs’’ in
its place.
■
552.238–82
[Amended]
93. Amend section 552.238–82 by—
■ a. Removing from the clause heading
‘‘(MAY 2019)’’ and adding ‘‘(MAR
2020)’’ in its place;
■ b. Removing paragraph (e), and
■ c. In Alternate I removing ‘‘(MAY
2019)’’ and adding ‘‘(MAR 2020)’’ in its
place.
■ 94. Amend section 552.241–70 by
revising the introductory text and the
clause heading to read as follows:
■
552.241–70 Availability of Funds for the
Next Fiscal Year or Quarter.
As prescribed in 541.501(a), insert the
following:
Availability of Funds for the Next
Fiscal Year or Quarter (AUG 2010)
(Deviation FAR 52.232–19)
*
*
*
*
*
95. Amend section 552.241–71 by
revising the introductory text to read as
follows:
552.241–71
Disputes (Utility Contracts).
As prescribed in 541.570(b), insert the
following clause:
*
*
*
*
*
552.242–70
[Amended]
96. Amend section 552.242–70 by
removing from the clause heading ‘‘(FEB
9, 2009)’’ and adding ‘‘(FEB 2009)’’ in
its place.
■
552.246–70
[Amended]
97. Amend section 552.246–70 by
removing from the clause heading ‘‘(JUL
09)’’ and adding ‘‘(JUL 2009)’’ in its
place.
■
552.246–71
90. Amend section 552.236–80 by
removing from the introductory text
‘‘insert the’’ and adding ‘‘insert a clause
substantially the same as the’’ in its
place.
■
■
[Amended]
■
■
552.232–78 Commercial Supplier
Agreements—Unenforceable Clauses.
*
[Amended]
552.236–76 Basis of Award—Sealed
Bidding Construction.
80. Amend section 552.232–25 by
removing from the introductory text
‘‘532.908(c)(2)’’ and adding
‘‘532.908(b)(2)’’ in its place.
■ 81. Amend section 552.232–39 by
revising the section heading, the
introductory text, and the clause
heading to read as follows:
■
*
552.236–75
b. Removing from the end of the
section ‘‘End of Clause’’ and adding
‘‘(End of clause)’’ in its place.
[Amended]
98. Amend section 552.246–71 by
removing from the clause heading
‘‘(JUNE 1, 2009)’’ and adding ‘‘(JUN
2009)’’ in its place.
■ 99. Amend section 552.246–77 by—
■ a. Revising the introductory text; and
■ b. Removing from the clause heading
‘‘(JUL 09)’’ and adding ‘‘(JUL 2009)’’ in
its place.
The revision reads as follows:
■
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552.246–77 Additional Contract Warranty
Provisions for Supplies of a Noncomplex
Nature.
As prescribed in 546.710, insert the
following clause:
*
*
*
*
*
552.246–78
(End of clause)
[Amended]
552.270–1
100. Amend section 552.246–78 by
removing from the clause heading ‘‘(JUL
09)’’ and adding ‘‘(JUL 2009)’’ in its
place.
■ 101. Revise section 552.252–5 to read
as follows:
■
552.252–5 Authorized Deviations in
Provisions.
As prescribed in 552.107–70(a), insert
the following provision:
Authorized Deviations in Provisions (DATE)
(Deviation FAR 52.252–5)
(a) Deviations to FAR provisions. This
solicitation identifies any authorized
deviation to a Federal Acquisition Regulation
(FAR) (48 CFR chapter 1) provision by—
(1) The addition of ‘‘(DEVIATION)’’ after
the date of the FAR provision when an
authorized deviation to a FAR provision is
being used, and
(2) The addition of ‘‘(DEVIATION FAR
(provision number))’’ after the date of the
GSAR provision when a GSAR provision is
being used in lieu of a FAR provision.
(b) Deviations to GSAR provisions. This
solicitation identifies any authorized
deviation to a General Services
Administration Acquisition Regulation
(GSAR) (48 CFR chapter 5) provision by the
addition of ‘‘(DEVIATION)’’ after the date of
the provision.
(c) ‘‘Substantially the same as’’ provisions.
Changes in wording of provisions prescribed
for use on a ‘‘substantially the same as’’ basis
are not considered deviations.
(End of provision)
102. Revise section 552.252–6 to read
as follows:
■
552.252–6
Clauses.
Authorized Deviations in
jspears on DSK121TN23PROD with RULES1
As prescribed in 552.107–70(b), insert
the following clause:
Authorized Deviations in Clauses (DATE)
(Deviation FAR 52.252–6)
(a) Deviations to FAR clauses. This
solicitation or contract identifies any
authorized deviation to a Federal Acquisition
Regulation (FAR) (48 CFR chapter 1) clause
by—
(1) The addition of ‘‘(DEVIATION)’’ after
the date of the FAR clause when an
authorized deviation to a FAR clause is being
used, and
(2) The addition of ‘‘(DEVIATION FAR
(clause number))’’ after the date of the GSAR
clause when a GSAR clause is being used in
lieu of a FAR clause.
(b) Deviations to GSAR clauses. This
solicitation or contract identifies any
authorized deviation to a General Services
Administration Acquisition Regulation
(GSAR) (48 CFR chapter 5) clause by the
VerDate Sep<11>2014
16:21 Oct 05, 2021
addition of ‘‘(DEVIATION)’’ after the date of
the clause.
(c) ‘‘Substantially the same as’’ clauses.
Changes in wording of clauses prescribed for
use on a ‘‘substantially the same as’’ basis are
not considered deviations.
Jkt 256001
103. Amend section 552.270–1 by—
a. In Alternate I removing from the
introductory text ‘‘paragraph for
paragraph (c)(2)(i)’’ and adding
‘‘paragraph (c)(2)(i) for paragraph
(c)(2)(i)’’ in its place; and
■ b. In Alternate II removing from the
introductory text ‘‘paragraph for
paragraph (e)(4)’’ and adding
‘‘paragraph (e)(4) for paragraph (e)(4)’’
in its place.
■
■
552.270–31
[Amended]
104. Amend section 552.270–31 by
revising Alternate I to read as follows:
■
552.270–31
Prompt Payment.
*
*
*
*
*
Alternate I (SEP 1999). As prescribed
in 570.703, delete paragraphs (a)(2) and
(b) of the basic clause, and redesignate
the remaining paragraphs accordingly.
PART 570—ACQUIRING LEASEHOLD
INTERESTS IN REAL PROPERTY
105. The authority citation for 48 CFR
part 570 continues to read as follows:
■
Authority: 40 U.S.C. 121(c).
570.701
a. Revising paragraph (a) introductory
text, and the entry for 552.270–4 in
paragraph (a); and
■ b. Revising paragraph (b).
The revisions read as follows:
■
570.703
[Amended]
55525
GSAR contract clauses.
(a) Insert clauses substantially the
same as the following in solicitations
and contracts for leasehold interests in
real property that exceed the simplified
lease acquisition threshold, unless the
contracting officer determines that a
clause is not appropriate. The
contracting officer shall document the
file with the basis for omitting or
substantially changing a clause. A
deviation is not required under section
570.704 to determine that a clause in
this section is not appropriate. The
following clauses may be inserted in
solicitations and contracts for leasehold
interests in real property at or below the
simplified lease acquisition threshold.
*
*
*
*
*
552.270–4 Definitions. Insert this
clause if including the clause at
552.270–28.
*
*
*
*
*
(b) Insert the following clauses in
solicitations and contracts for leasehold
interests in real property:
552.270–30 Price Adjustment for
Illegal or Improper Activity.
552.270–31 Prompt Payment.
552.270–32 Covenant Against
Contingent Fees.
[FR Doc. 2021–20541 Filed 10–5–21; 8:45 am]
[Amended]
BILLING CODE 6820–61–P
106. Amend section 570.701 by
removing from the introductory text
‘‘Include provisions’’ and adding ‘‘Insert
provisions’’ in its place.
■ 107. Amend section 570.702 by
revising the introductory text and the
entry for 552.270–1 to read as follows:
■
570.702
GSAR solicitation provisions.
Each SFO must include provisions
substantially the same as the following,
unless the contracting officer
determines that the provision is not
appropriate. The contracting officer
shall document the file with the basis
for omitting or substantially changing a
provision.
552.270–1 Instructions to Offerors—
Acquisition of Leasehold Interests in
Real Property. Use the provision with its
Alternate I if it is advantageous to the
Government to allow offers to be
submitted up to the exact time specified
for award. Use the provision with its
Alternate II if the Government intends
to award without discussions.
*
*
*
*
*
■ 108. Amend section 570.703 by—
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 210930–0203]
RIN 0648–BK80
Fisheries Off West Coast States;
Effective Dates of West Coast
Groundfish Electronic Monitoring
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule; request for
comments.
AGENCY:
This interim final rule revises
regulations to delay implementation of
the Electronic Monitoring (EM) Program
for the West Coast Groundfish Trawl
Rationalization Program. This action
will delay implementation of the EM
SUMMARY:
E:\FR\FM\06OCR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Rules and Regulations]
[Pages 55516-55525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20541]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 503, 511, 512, 513, 514, 515, 517, 519, 522, 523, 527,
528, 529, 532, 536, 537, 538, 539, 541, 542, 543, 546, 549, 552,
and 570
[GSAR Case 2017-G506; Docket No. GSA-GSAR 2021-0016; Sequence No. 1]
RIN 3090-AJ90
General Services Administration Acquisition Regulation (GSAR);
Clause and Provision Designation Corrections
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: GSA is issuing a final rule to amend the General Services
Administration Acquisition Regulation (GSAR) to correct clause and
provision designation and prescription errors, correct deviations and
alternate identification issues, and to make other updates to the GSAR
related to identification and incorporation of GSAR provisions and
clauses.
DATES: Effective November 5, 2021.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas O'Linn, Procurement
Analyst, at 202-445-0390 or [email protected], for clarification of
content. For information pertaining to status or publication schedules,
contact the Regulatory Secretariat Division at 202-501-4755 or
[email protected]. Please cite GSAR Case 2017-G506.
SUPPLEMENTARY INFORMATION:
I. Background
As part of GSA's regulatory reform efforts, GSA has been performing
a comprehensive review of the regulatory requirements in the GSAR. GSA
identified designation and prescription errors related to clauses and
provisions. Additionally, GSA identified GSAR clause and provision
identification and incorporation issues as well as inconsistencies
among deviation citations within GSAR part 552. The amendments in this
case will result in conformance with Federal Acquisition Regulation
(FAR) and GSAR drafting guidelines.
II. Authority for This Rulemaking
Title 40 of the United States Code (U.S.C.) Section 121 authorizes
GSA to issue regulations, including the GSAR, to control the
relationship between GSA and contractors.
III. Discussion and Analysis
The amendments to the GSAR are minor and reflect only technical
edits
[[Page 55517]]
and editorial corrections. More specifically, this case makes several
editorial amendments to GSAR clause and provision designations and
prescriptions; updates the GSAR policy for using subpart 552.1, updates
the GSAR policy for the identification of deviations and alternates,
and updates the GSAR policy for incorporating GSAR provisions and
clauses by reference; and makes additional editorial corrections
related to GSAR clauses and provision prescription.
First, this case makes corrections to bring clause and provision
designations and prescriptions up-to-date and in conformance with FAR
and GSAR current drafting guidelines. Additionally, makes a number of
editorial changes to address errors related to the designation and
prescription of several clauses and provisions. For example, subpart
552.2 incorrectly identifies the following GSAR clause as ``552.217-73
Notice Regarding Information Collection Requirements'' though the
correct identification is ``552.215-73 Notice''.
Second, this case amends several GSAR provision titles and clause
titles to bring them in conformance with FAR and GSAR drafting
guidelines concerning the use of deviations. GSAR 552.103 is also being
amended to update the policy on identification of deviations to
provisions and clauses that meet the definition of deviation in FAR
1.401. Under FAR 1.401(a), a deviation is the ``issuance or use of a
policy, procedure, solicitation provision . . ., contract clause . . .,
method, or practice of conducting acquisition actions of any kind at
any stage of the acquisition process that is inconsistent with the
FAR''. A GSAR provision or clause that is used in lieu of a FAR
provision or clause is a deviation, and therefore, should be indicated
as such. For example, GSAR clause 552.227-70 Government Rights
(Unlimited) is a deviation to FAR clause 52.227-17 Rights in Data-
Special Works; however, the GSAR currently does not identify the clause
as being a deviation. As a result, the clause title is being amended to
reflect the clause being a deviation.
Third, this case amends the GSAR policy found in 552.101-70 and
552.102 for purposes of reflecting current requirements around the use
and incorporation of GSAR provisions and clauses. Lastly, this case
makes additional technical amendments throughout the GSAR to conform
with the amendments covered by this case. For example, GSAR subpart
519.7 and part 549 are being made non-regulatory due to existing GSAM
requirements are non-regulatory.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This rule has been reviewed and determined by the Office of Management
and Budget (OMB) not to be a significant regulatory action and,
therefore, was not subject to review under section 6(b) of E.O. 12866,
Regulatory Planning and Review, dated September 30, 1993.
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a ``major rule'' may take effect, the
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. A major rule cannot take
effect until 60 days after it is published in the Federal Register.
This rule has been reviewed and determined by OMB not to be a ``major
rule'' under 5 U.S.C. 804(2).
VI. Notice for Public Comment
The statute that applies to the publication of the GSAR is the
Office of Federal Procurement Policy statute (codified at title 41 of
the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires
that a procurement policy, regulation, procedure or form (including an
amendment or modification thereof) must be published for public comment
if it relates to the expenditure of appropriated funds, and has either
a significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure, or form, or has a
significant cost or administrative impact on contractors or offerors.
This rule is not required to be published for public comment, because
GSA is not issuing a new regulation that has a significant effect or
imposes any requirements on contractors or offerors; rather, because
this is a noncontroversial action that only impacts the agency's
internal acquisition policies and procedures related to correcting GSAR
errors and updating GSAR drafting policies and procedures.
VII. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not
apply to this rule, because an opportunity for public comment is not
required to be given for this rule under 41 U.S.C. 1707(a)(1) (see
Section VI. of this preamble). Accordingly, no regulatory flexibility
analysis is required and none has been prepared.
VIII. Paperwork Reduction Act
This rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 503, 511, 512, 513, 514, 515, 517,
519, 522, 523, 527, 528, 529, 532, 536, 537, 538, 539, 541, 542,
543, 546, 549, 552 and 570
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy,General Services Administration.
Therefore, GSA amends 48 CFR parts 503, 511, 512, 513, 514, 515,
517, 519, 522, 523, 527, 528, 529, 532, 536, 537, 538, 539, 541, 542,
543, 546, 549, 552, and 570 as set forth below:
0
1. The authority citation for 48 CFR parts 503, 511, 512, 513, 514,
515, 517, 519, 522, 523, 527, 528, 529, 532, 536, 537, 538, 539, 541,
542, 543, and 546 continues to read as follows:
Authority: 40 U.S.C. 121(c).
PART 503--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
2. Revise section 503.1004 to read as follows:
503.1004 Contract clauses.
(a) In accordance with FAR 3.1004(b)(1)(i), GSA has established a
lower threshold for the inclusion of FAR clause at 52.203-14. Insert
the clause in solicitations and contracts funded with disaster
assistance funds expected to be at or above $1,000,000.
(b) The information required by FAR 3.1004(b)(2) is as follows:
(1) Poster. GSA Office of Inspector General ``FRAUDNET HOTLINE''.
(2) Contact information. The Contractor can obtain the poster from
the Contracting Officer.
[[Page 55518]]
PART 511--DESCRIBING AGENCY NEEDS
0
3. Revise section 511.204 to read as follows:
511.204 Contract clauses.
(a) Specifications and drawings. Insert the clause at 552.211-72,
Reference to Specifications in Drawings, in solicitations and contracts
that contain military or other drawings.
(b) Clauses for supply contracts that exceed the simplified
acquisition threshold. When the contract amount is expected to exceed
the simplified acquisition threshold, insert--
(1) The clause at 552.211-73, Marking, in solicitations and
contracts for supplies when deliveries may be made to both civilian and
military activities.
(2) The clause at 552.211-75, Preservation, Packaging, and Packing,
in solicitations and contracts for supplies. The contracting officer
may also include the clause in contracts estimated to be at or below
the simplified acquisition threshold when appropriate. Use the clause
with its Alternate I in solicitations and contracts for all Federal
Supply Schedule contracts.
(3) A clause substantially the same as the clause at 552.211-76,
Charges for Packaging, Packing, and Marking, in solicitations and
contracts for supplies to be delivered to GSA distribution centers.
(4) The clause at 552.211-85, Consistent Pack and Package
Requirements, in solicitations and contracts for supplies when
deliveries may be made to both civilian and military activities.
(5) The clause at 552.211-86, Maximum Weight Per Shipping
Container, in solicitations and contracts for supplies when deliveries
may be made to both civilian and military activities.
(6) The clause at 552.211-87, Export Packing, in solicitations and
contracts for supplies when deliveries may be made to both civilian and
military activities.
(7) The clause at 552.211-88, Vehicle Export Preparation, in
solicitations and contracts for supplies when deliveries may be made to
both civilian and military activities.
(8) The clause at 552.211-89, Non-Manufactured Wood Packaging
Material for Export, in solicitations and contracts for supplies when
deliveries may be made to both civilian and military activities
overseas.
(9) The clause at 552.211-90, Small Parts, in solicitations and
contracts for supplies when deliveries may be made to both civilian and
military activities.
(10) The clause at 552.211-91, Vehicle Decals, Stickers, and Data
Plates, in solicitations and contracts for supplies when deliveries may
be made to both civilian and military activities.
(11) The clause at 552.211-92, Radio Frequency Identification
(RFID) using Passive Tags, in solicitations and contracts for supplies
when deliveries may be made to military activities.
(c) Supply contracts. Insert the clause at 552.211-77, Packing
List, in solicitations and contracts for supplies, including purchases
over the micro-purchase threshold. Use the clause with its Alternate I
in solicitations and contracts for all Federal Supply Schedule
contracts.
0
4. Revise section 511.404 to read as follows:
511.404 Contract clauses.
(a) Supplies or services. (1) Shelf-life items. Insert the
following clauses in solicitations and contracts that require delivery
of shelf-life items within a specified timeframe from the date of
manufacture or production:
(i) The clause at 552.211-79, Acceptable Age of Supplies, if the
required shelf-life period is 12 months or less, and lengthy acceptance
testing may be involved. For items having a limited shelf-life and when
required by the program director, use the clause with its Alternate I.
(ii) The clause at 552.211-80, Age on Delivery, if the required
shelf-life period is more than 12 months, or when source inspection can
be performed within a short time period.
(2) Stock replenishment contracts. Insert the clause at 552.211-81,
Time of Shipment, in solicitations and contracts when a stock
replenishment contract is contemplated that does not include the clause
at 552.211-83 and requires shipment within 45 calendar days after
receipt of the order. Use the clause with its Alternate I if shipment
is required after 45 days of receipt of the order.
(3) Indeterminate testing time. Insert the clause at 552.211-83,
Availability for Inspection, Testing, and Shipment/Delivery, in
solicitations and contracts that provide for source inspection by
Government personnel and that require lengthy testing for which time
frames cannot be determined in advance. Use the clause with its
Alternate I if the contract is for stock items.
(4) Stock program time of delivery. Insert the clause at 552.211-
94, Time of Delivery, in solicitations and contracts for supplies for
the Stock Program when neither the FAR clause at 52.211-8, or the FAR
clause at 52.211-9 is suitable.
(b) Construction. Insert the following clauses in solicitations and
contracts when a fixed-price construction contract is contemplated:
(1) The clause at 552.211-10, Commencement, Prosecution, and
Completion of Work.
(2) The clause at 552.211-70, Substantial Completion.
0
5. Add section 511.503 to subpart 511.5 to read as follows:
511.503 Contract clauses.
(a) Insert the clause at 552.211-12, Liquidated Damages-
Construction, in solicitations and contracts for construction, other
than cost-plus-fixed-fee, when the contracting officer determines that
liquidated damages are appropriate (see FAR 11.501(a)).
(b) Insert the clause at 552.211-13, Time Extensions, in
solicitations and contracts for construction that includes the clause
at 552.211-12.
511.504 [Removed]
0
6. Remove section 511.504.
PART 512--ACQUISITION OF COMMERCIAL ITEMS
0
7. Revise section 512.301 to read as follows:
512.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(a) Contract clauses. Insert the following clauses in solicitations
and contracts for the acquisition of commercial items:
(1) The clause at 552.212-71, Contract Terms and Conditions
Applicable to GSA Acquisition of Commercial Items. This clause
incorporates by reference only those clauses required to implement GSA
requirements applicable to the acquisition of commercial items. This
clause may be tailored in accordance with FAR 12.302 and GSAM 512.302.
(2) The clause at 552.212-72, Contract Terms and Conditions
Required to Implement Statutes or Executive Orders Applicable to GSA
Acquisitions of Commercial Items, when any listed clauses therein
apply. This clause incorporates by reference only those clauses
required to implement provisions of law or Executive orders that apply
to commercial item acquisitions.
(b) FAR deviation. GSA has a FAR deviation that allows use of the
clause at 552.212-4 in lieu of the FAR clause at 52.212-4. Insert the
clause at 552.212-4, Contract Terms and Conditions-Commercial Items, in
lieu of the FAR clause at 52.212-4. Use the clause with its Alternate I
in lieu of the FAR clause at 52.212-4 and its
[[Page 55519]]
Alternate I. This clause may be tailored in accordance with FAR 12.302
and GSAM 512.302.
(c) Discretionary use of GSAR provisions and clauses. Consistent
with the limitations contained in FAR 12.302 and 512.302, the
contracting officer may include in solicitations and contracts by
addendum other GSAR provisions and clauses.
(d) Use of additional provisions and clauses. The Senior
Procurement Executive shall approve the use of a provision or clause
that is either not:
(1) Prescribed in the FAR or GSAR for use in acquisitions for
commercial items.
(2) Consistent with customary commercial practice.
PART 513--SIMPLIFIED ACQUISITION PROCEDURES
0
8. Revise section 513.202 to read as follows:
513.202 Unenforceability of unauthorized obligations in micro-
purchases.
Many supplies or services are acquired subject to commercial
supplier agreements, as defined in 502.101. The clause at 552.232-39,
Unenforceability of Unauthorized Obligations, automatically applies to
any micro-purchase, including those made with the Governmentwide
purchase card in lieu of the FAR clause at 52.232-39.
0
9. Revise section 513.302-5 to read as follows:
513.302-5 Clauses.
Where the supplies or services are offered under a commercial
supplier agreement, as defined in 502.101, see 532.706-3 for applicable
clauses.
PART 514--SEALED BIDDING
0
10. Revise section 514.201-6 to read as follows:
514.201-6 Solicitation provisions.
Insert the provision at 552.214-70, ``All or None'' Bids, in
invitations for bids when reserving the right to evaluate and make an
award on an all or none basis.
0
11. Amend section 514.202-4 by revising paragraph (a)(3) to read as
follows:
514.202-4 Bid samples.
(a) * * *
(3) Insert the provision at 552.214-72, Bid Sample Requirements, in
invitations for bids if bid samples are required. This provision may be
modified to fit the circumstances of a procurement.
* * * * *
PART 515--CONTRACTING BY NEGOTIATION
0
12. Revise section 515.209-70 to read as follows:
515.209-70 Contract clause.
(a) Insert the clause at 552.215-70, Examination of Records by GSA,
in solicitations and contracts exceeding the simplified acquisition
threshold that meet any of the following conditions:
(1) Involve the use or disposition of Government-furnished
property.
(2) Provide for advance payments, progress payments based on cost,
or guaranteed loan.
(3) Contain a price warranty or price reduction clause.
(4) Involve income to the Government where income is based on
operations under the control of the contractor.
(5) Include an economic price adjustment clause where the
adjustment is not based solely on an established, third party index.
(6) Are requirements, indefinite-quantity, or letter type contracts
as defined in FAR part 16.
(7) Are subject to adjustment based on a negotiated cost escalation
base.
(8) Contain the FAR provision at 52.223-4.
(b) The clause in paragraph (a) of this subsection may be modified
to define the specific area of audit (e.g., the use or disposition of
Government-furnished property). Legal (i.e., the Office of General
Counsel or the Office of Regional Counsel, as appropriate), and
Inspector General (i.e., the Assistant Inspector General for Auditing
or the Regional Inspector General for Auditing, as appropriate) must
concur with any modification to the clause.
(c) Insert the clause at 552.215-73, Notice, in all solicitations
and contracts for negotiated procurements exceeding the simplified
acquisition threshold in accordance with FAR part 15.
PART 517--SPECIAL CONTRACTING METHODS
0
13. Revise section 517.109 to read as follows:
517.109 Contract clause.
Use of the FAR clause at 52.217-2 is optional in multi-year
contracts authorized by--
(a) 40 U.S.C. 581(c)(6) for the inspection, maintenance, and repair
of fixed equipment in a federally-owned building; and
(b) 40 U.S.C. 501(b)(1)(B) for public utility services.
517.203 [Removed]
0
14. Remove section 517.203.
0
15. Revise section 517.208 to read as follows:
517.208 Solicitation provisions.
(a) Insert a provision substantially the same as the provision at
552.217-70, Evaluation of Options, in solicitations for the Special
Order Program when the following conditions apply:
(1) The solicitation contains an option clause to extend the term
of the contract; and
(2) The contract will be fixed price and contain an economic price
adjustment clause.
(b) Insert a provision substantially the same as the provision at
552.217-71, Notice Regarding Option(s), in solicitations that include
an option clause for increased quantities of supplies or services, or
an option clause to extend the term of the contract.
PART 519--SMALL BUSINESS PROGRAMS
0
16. Add section 519.507 to subpart 519.5 to read as follows:
519.507 Contract clause.
Insert the clause at 552.219-70, Allocation of Orders--Partially
Set-Aside Items, in solicitations and contracts when a requirements
contract for supplies is contemplated that will involve partially
setting aside orders for small business.
519.508 [Removed]
0
17. Remove section 519.508.
Subpart 519.7 [Removed]
0
18. Remove subpart 519.7.
0
19. Add section 519.870-2 to subpart 519.8 to read as follows:
519.870-2 Contract clauses.
(a) Insert the following clauses in solicitations, contracts, and
orders issued under GSA's Partnership Agreement:
(1) 552.219-74, Section 8(a) Direct Award;
(2) 52.219-14, Limitations on Subcontracting; and
(3) 52.219-18, Notification of Competition Limited to Eligible 8(a)
Participants, with--
(i) Paragraph (c) of the clause substituted with the following text
``(c) Any award resulting from this solicitation will be made directly
by the Contracting Officer to the successful 8(a) offeror selected
through the evaluation criteria set forth in this solicitation'' and
(ii) The text ``(DEVIATION)'' added after the date of the clause.
(b) Do not insert the following FAR clauses--
[[Page 55520]]
(1) 52.219-11, Special 8(a) Contract Conditions;
(2) 52.219-12, Special 8(a) Subcontract Conditions; and
(3) 52.219-17, Section 8(a) Award.
519.870-8 [Removed]
0
20. Remove section 519.870-8.
PART 522--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
21. Revise section 522.103-5 to read as follows:
522.103-5 Contract clauses.
Insert the FAR clause at 52.222-1 in solicitations and contracts
for DX rated orders under the Defense Priorities and Allocations System
(see FAR subpart 11.6).
PART 523--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
523.303 [Amended]
0
22. In section 523.303 amend paragraphs (a), (b), and (c) by removing
the word ``Insert'' and adding in its place the phrase, ``Insert the
clause at''.
523.370 [Amended]
0
23. Revise section 523.370 to read as follows:
523.370 Solicitation provision.
Insert the provision at 552.223-72, Hazardous Material Information,
in solicitations that provide for the delivery of hazardous materials
on an f.o.b. origin basis.
PART 527--PATENTS, DATA, AND COPYRIGHTS
0
24. Revise section 527.409 to read as follows:
527.409 Contract clauses.
GSA has a FAR deviation that allows use of the clauses in
paragraphs (a) and (b) of this section in lieu of the FAR clause at
52.227-17.
(a) Except as provided in paragraph (b) of this section, insert the
clause at 552.227-70, Government Rights (Unlimited), in lieu of the FAR
clause at 52.227-17, in solicitations and contracts for--
(1) Architect-engineer services.
(2) Construction contracts involving architect-engineer services.
(b) If the Government requires sole property rights and exclusive
control over the design and data, insert the clause at 552.227-71,
Drawings and Other Data to Become Property of Government, in lieu the
clause at FAR 52.227-17, in solicitations and contracts for--
(1) Architect-engineer services.
(2) Construction contracts involving architect-engineer services.
PART 528--BONDS AND INSURANCE
0
25. Revise section 528.310 to read as follows:
528.310 Contract clause for work on a Government installation.
Insert the clause at 552.228-5, Government as Additional Insured,
in solicitations and contracts that are expected to exceed the
simplified acquisition threshold and require work on a Government
installation.
PART 529--TAXES
529.401 through 529.401-71 [Removed]
0
26. Remove sections 529.401 through 529.401-71.
0
27. Add section 529.470 to read as follows:
529.470 Domestic contract clauses.
(a) Insert the clause at 552.229-70, Federal, State, and Local
Taxes, in solicitations and contracts estimated to exceed the micro-
purchase threshold, but not the simplified acquisition threshold.
(b) Insert the clause at 552.229-71, Federal Excise Tax--DC
Government, in solicitations and contracts that allow the District of
Columbia Government to place orders under the contract.
PART 532--CONTRACT FINANCING
0
28. Revise section 532.111 to read as follows:
532.111 Contract clauses for non-commercial purchases.
(a) FAR deviation. GSA has a FAR deviation that allows use of the
clause at 552.232-1 in lieu of the FAR clause at 52.232-1. Insert the
clause at 552.232-1, Payments, in solicitations and contracts when a
fixed-price supply contract, a fixed-price service contract, or a
contract for nonregulated communication services is contemplated, in
lieu of the FAR clause at 52.232-1.
(b) Construction contracts. Insert the clause at 552.232-5,
Payments under Fixed-Price Construction Contracts, in solicitations and
contracts when a fixed-price construction contract is contemplated.
0
29. Revise section 532.706-3 to read as follows:
532.706-3 Contract clauses for unenforceability of unauthorized
obligations.
GSA has a FAR deviation that allows use of the clause in paragraph
(a) of this subsection in lieu of the FAR clause at 52.232-39.
(a) Insert the clause at 552.232-39, Unenforceability of
Unauthorized Obligations in all solicitations and contracts in lieu of
the FAR clause at 52.232-39.
(b) Insert the clause at 552.232-78, Commercial Supplier
Agreements-Unenforceable Clauses, in all solicitations and contracts
(including orders) when not using FAR part 12.
0
30. Amend section 532.904 by revising paragraph (b) to read as follows:
532.904 Determining payment due dates.
* * * * *
(b) An official one level above the contracting officer shall
approve justifications exercising the authority prescribed by FAR
32.904(d)(1)(i)(B). The time needed should be determined on a case-by-
case basis, but the specified constructive acceptance period shall not
exceed 30 days.
0
31. Revise section 532.908 to read as follows:
532.908 Contract clauses.
(a) Building services contracts. Insert the clause at 552.232-72,
Final Payment Under Building Services Contracts, in solicitations and
contracts for building services.
(b) Stock, Special Order, and Schedules programs. (1) GSA has a FAR
deviation to authorize payment within 10 days of receipt of a proper
invoice. The deviation applies only to:
(i) Orders placed by GSA under Stock, Special Order, and Schedules
programs;
(ii) That include FAR clause at 52.232-33; and
(iii) For which the order is placed, and the contractor submits
invoices using EDI in accordance with the Trading Partner Agreement.
(2) If the contract is not for commercial items, use the clause at
552.232-25, Prompt Payment, in lieu of the FAR clause at 52.232-25.
PART 536--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
536.515 [Amended]
0
32. In section 536.515 amend paragraphs (a), (b), and (c) by removing
the words ``to be above'' and adding in their place ``to exceed''.
0
33. Amend section 536.7107 by revising paragraph (a) to read as
follows:
[[Page 55521]]
536.7107 Contract clauses.
(a) FAR deviation. GSA has a FAR deviation that allows use of the
clause 552.236-79 in lieu of the FAR clause at 52.216-17. Insert a
clause substantially the same as the clause at 552.236-79,
Construction-Manager-As-Constructor, in solicitations and contracts if
construction, dismantling, or removal of improvements is contemplated
when a CMc project delivery method will be followed in lieu of the FAR
clause at 52.216-17.
* * * * *
PART 537--SERVICE CONTRACTING
0
34. Revise section 537.110 to read as follows:
537.110 Contract clauses.
(a) Contracts for building services. Except for solicitations and
contracts for building services placed under FAR subpart 8.7, insert
the clause at 552.237-71, Qualifications of Employees, in solicitations
and contracts for building services that are anticipated to exceed the
simplified acquisition threshold.
(b) Contracts for guard services. Insert the clause at 552.237-72,
Prohibition Regarding ``Quasi-Military Armed Forces,'' in solicitations
and contracts for guard services.
PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING
538.273 [Amended]
0
35. In section 538.273 amend paragraph (d)(1) by removing the terms
``Authorized FSS'' and adding in its place the term ``Authorized
Federal Supply Schedule''.
0
36. Amend section 538.7204 by revising paragraph (b) to read as
follows:
538.7204 Contract clauses.
* * * * *
(b) Insert the clause at 552.238-115, Special Ordering Procedures
for the Acquisition of Order-Level Materials, in FSS solicitations and
contracts authorized to allow for order-level materials.
PART 539--ACQUISITION OF INFORMATION TECHNOLOGY
0
37. Revise section 539.7002 to read as follows:
539.7002 Solicitation provision and contract clause.
Except for solicitations and contracts for personal services with
individuals--
(a) Insert the provision at 552.239-70, Information Technology
Security Plan and Security Authorization, in solicitations that include
information technology supplies, services or systems in which the
contractor will have physical or electronic access to government
information that directly supports the mission of GSA.
(b) Insert the clause at 552.239-71, Security Requirements for
Unclassified Information Technology Resources, in solicitations and
contracts containing the provision in paragraph (a) of this section.
PART 541--ACQUISITION OF UTILITY SERVICES
0
38. Revise section 541.501 to read as follows:
541.501 Contract clauses.
(a) FAR deviation. GSA has a FAR deviation that allows use of the
clause at 552.241-70 in lieu of the FAR clause at 52.232-19. Insert the
clause at 552.241-70, Availability of Funds for the Next Fiscal Year or
Quarter, in lieu of the FAR clause at 52.232-19, in all utility
acquisitions.
(b) Utility services. Insert the clause at 552.241-71, Disputes
(Utility Contracts), in solicitations and contracts for utility
services subject to the jurisdiction and regulation of a utility rate
commission.
PART 542--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
39. Revise section 542.1107 to read as follows:
542.1107 Contract clause.
Insert the clause at 552.242-70, Status Report of Orders and
Shipments, in solicitations and contracts when a requirements or
indefinite-quantity contract for Stock or Special Order Program items
is contemplated. The clause may be used in indefinite-delivery
definite-quantity contracts for Stock or Special Order Program items
when close monitoring is necessary because numerous shipments are
involved.
PART 543--CONTRACT MODIFICATIONS
0
40. Revise section 543.205 to read as follows:
543.205 Contract clause.
Insert the clause at 552.243-71, Equitable Adjustments, in
solicitations and contracts that include any of the following FAR
clauses: 52.243-4, 52.243-5, or 52.236-2.
PART 546--QUALITY ASSURANCE
0
41. Revise sections 546.302-70 through 546.312 to read as follows:
546.302-70 Source inspection by Quality Approved Manufacturer for
fixed-price supply contracts.
(a) Insert the clause at 552.246-70, Source Inspection by Quality
Approved Manufacturer:
(1) In FAS solicitations and contracts that--
(i) Will exceed the simplified acquisition threshold;
(ii) Include the FAR clause at 52.246-2; and
(iii) Provide for source inspection for the Stock and Special Order
Programs.
(2) In solicitations and contracts that--
(i) Are below the simplified acquisition threshold;
(ii) Include the FAR clause at 52.246-2; and
(iii) Support the Wildfire program; or
(iv) When a pattern of acquisitions demonstrates an ongoing
relationship with the contractor.
(b) The contracting officer may authorize inspection and testing at
manufacturing plants or other facilities located outside the United
States, Puerto Rico, or the U.S. Virgin Islands according to paragraph
(a)(1) of the clause at 552.246-70 when any of the following conditions
apply and after coordinating the authorization with QVOC and
documenting the authorization in the file:
(1) Inspection services are available from another Federal agency
with primary inspection responsibility in the geographic area.
(2) An inspection interchange agreement exists with another agency
for inspection at a contractor's plant.
(3) Other considerations will ensure more economical and effective
inspection consistent with the Government's interest.
546.302-71 Source inspection.
Insert the clause at 552.246-71, Source Inspection by Government,
in FAS solicitations and contracts where Government personnel at the
source will perform inspection.
546.302-72 Destination Inspection.
Insert the clause at 552.246-78, Inspection at Destination, in
solicitations and contracts for supplies that require inspection at
destination.
546.312 Construction contracts.
Insert the clause at 552.246-72, Final Inspection and Tests, in
solicitations and contracts for construction that include the FAR
clause at 52.246-12.
[[Page 55522]]
0
42. Revise section 546.710 to read as follows:
546.710 Contract clause.
Insert the clause at 552.246-77, Additional Contract Warranty
Provisions for Supplies of a Noncomplex Nature, in solicitations and
contracts that include the FAR clause at 52.246-17.
PART 549--[REMOVED]
0
43. Under the authority of 40 U.S.C. 121(c), remove part 549.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
44. The authority citation for 48 CFR part 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
0
45. Revise sections 552.101-70 through 552.103 to read as follows:
552.101-70 Using part 552.
(a) Numbering. (1) GSAR provisions or clauses which are
``substantially'' the same as a FAR provision or clause (e.g., 552.232-
1, Payments) are identified as follows:
(i) The provision or clause has the same title as the FAR provision
or clause.
(ii) The provision or clause has the same number as the FAR
provision or clause, except the number is preceded by the number ``5''.
(2) GSA prescribed provisions and clauses (e.g., 552.232-72, Final
Payment Under Building Services Contracts) are numbered in the same
manner as the FAR, except that--
(i) The number is preceded by the number ``5'', and
(ii) The sequential number at the end of the number of the
provision or clause is ``70'' or a higher number.
(b) Prescriptions. Each provision or clause in subpart 552.2 is
prescribed at the place in the GSAR where the subject matter of the
provision or clause receives its primary treatment. The prescription
includes all conditions, requirements, and instructions for using the
provision or clause and its alternates, if any. The provision or clause
may be referred to in other GSAM locations.
(c) Introductory text. Within subpart 552.2, the introductory text
of each provision or clause includes a cross-reference to the location
in the GSAR that prescribes its use.
(d) Dates. Since they are subject to revision from time to time,
all GSAR provisions, clauses, and alternates are dated; e.g., (DEC
1983). To avoid questions concerning which version of any provision,
clause, or alternate is operative in any given solicitation or
contract, its date shall be included whether it is incorporated by
reference or in full text.
552.102 Incorporating provisions and clauses.
(a) Except for paragraph (b) of this section, GSAR provisions and
clauses should be incorporated by reference to the maximum practical
extent, rather than being incorporated in full text. Upon request, the
contracting officer shall provide the full text of any GSAR provision
or clause incorporated by reference.
(b) A GSAR provision or clause should not be incorporated in full
text if--
(1) It requires modification or completion by the Government (e.g.,
completion of blanks in provisions or clauses) (see FAR 52.104 and
552.104);
(2) It requires completion by the offeror or contractor;
(3) It is identified as a deviation (see 552.103); or
(4) It is used with one or more alternates.
552.103 Identification of provisions and clauses.
(a) General. When a GSAR provision or clause is used without
deviation in a solicitation or contract, it shall be identified by
number, title, and date (e.g., 552.211-77, Packing List (FEB 1996)).
(b) Deviations. (1) Federal Acquisition Regulation deviations. When
a GSAR provision or clause is used with an authorized deviation in lieu
of a FAR provision or clause in a solicitation or contract, it shall be
identified by number, title, date, and the deviation label (e.g.,
552.232-1, Payments (NOV 2009) (DEVIATION FAR 52.232-1)). The deviation
label consists of the text ``DEVIATION FAR'' and the applicable FAR
provision or clause number enclosed in parentheses (e.g., (DEVIATION
FAR 52.232-1)).
(2) General Services Administration Acquisition Regulation
deviations. When a GSAR provision or clause is used with an authorized
deviation in a solicitation or contract, it shall be identified by
number, title, date, and the text ``(DEVIATION)'' inserted after the
date (e.g., 552.232-1, Payments (NOV 2009) (DEVIATION)).
(c) Alternates. When a GSAR provision or clause is used with an
alternate in a solicitation or contract, it shall be identified by the
basic provision or clause citation and the alternate label (e.g.,
552.211-77, Packing List (FEB 1996) Alternate I (MAY 2003)). The
alternate label consists of the word ``Alternate'', the alternate
number, and date (e.g., Alternate I (MAY 2003)).
0
46. Revise section 552.107-70 to read as follows:
552.107-70 Solicitation provision and contract clause.
GSA has a FAR deviation that allows use of the following provision
and clause in lieu of the FAR provision at 52.252-5 and the FAR clause
at 52.252-6:
(a) Insert the provision at 552.252-5, Authorized Deviations in
Provisions, in solicitations that include any FAR or GSAR provision
with an authorized deviation in lieu of the FAR provision at 52.252-5.
(b) Insert the clause at 552.252-6, Authorized Deviations in
Clauses, in solicitations and contracts that include any FAR or GSAR
clause with an authorized deviation in lieu of the FAR clause at
52.252-6.
552.211-10 [Amended]
0
47. Amend section 552.211-10 by removing from the introductory text
``511.404'' and adding ``511.404(b)'' in its place.
552.211-12 [Amended]
0
48. Amend section 552.211-12 by--
0
a. Removing from the introductory text ``511.404'' and adding
``511.503(a)'' in its place; and
0
b. Revising the clause heading.
The revision reads as follows:
552.211-12 Liquidated Damages--Construction.
* * * * *
Liquidated Damages--Construction (MAR 2019)
* * * * *
552.211-13 [Amended]
0
49. Amend section 552.211-13 by removing from the introductory text
``511.504'' and adding ``511.503(b)'' in its place.
552.211-70 [Amended]
0
50. Amend section 552.211-70 by removing from the introductory text
``511.404'' and adding ``511.404(b)'' in its place.
0
51. Amend section 552.211-75 by revising the section heading, and the
introductory text of Alternate I to read as follows:
552.211-75 Preservation, Packaging, and Packing.
* * * * *
[[Page 55523]]
Alternate I (MAY 2003). As prescribed at 511.204(b)(2), substitute
the following sentence for the last sentence of the basic clause:
* * * * *
0
52. Revise section 552.211-76 heading to read as follows:
552.211-76 Charges for Packaging, Packing, and Marking.
* * * * *
0
53. Amend section 552.211-77 by revising the introductory text of
Alternate I to read as follows:
552.211-77 Packing List.
* * * * *
Alternate I (MAY 2003). As prescribed in 511.204(c), substitute the
following paragraphs (a)(3) and (b) for paragraphs (a)(3) and (b) of
the basic clause:
* * * * *
0
54. Amend section 552.211-79 by revising the introductory text of
Alternate I to read as follows:
552.211-79 Acceptable Age of Supplies.
* * * * *
Alternate I (FEB 1996). As prescribed in 511.404(a)(1)(i),
substitute the following sentence for the first sentence of the basic
clause:
* * * * *
552.211-80 [Amended]
0
55. Amend section 552.211-80 by removing from the introductory text
``511.404(a)(2)'' and adding ``511.404(a)(1)'' in its place.
0
56. Amend section 552.211-81 by--
0
a. Removing from the introductory text ``511.404(b)'' and adding
``511.404(a)(2)'' in its place; and
0
b. Revising the introductory text of Alternate I.
The revision reads as follows:
552.211-81 Time of Shipment.
* * * * *
Alternate I (FEB 1996). As prescribed in 511.404(a)(2), add the
following paragraph to the basic clause:
* * * * *
0
57. Amend section 552.211-83 by--
0
a. Removing from the introductory text ``511.204(c)'' and adding
``511.404(a)(3)'' in its place; and
0
b. Revising the introductory text of Alternate I.
The revision reads as follows:
552.211-83 Availability for Inspection, Testing, and Shipment/
Delivery.
* * * * *
Alternate I (FEB 1996). As prescribed in 511.404(a)(3), add the
following paragraph (b) to the basic clause and redesignate paragraph
(b) of the basic clause accordingly.
* * * * *
0
58. Revise section 552.211-85 heading to read as follows:
552.211-85 Consistent Pack and Package Requirements.
* * * * *
0
59. Revise section 552.211-86 heading to read as follows:
552.211-86 Maximum Weight per Shipping Container.
* * * * *
0
60. Revise section 552.211-87 heading to read as follows:
552.211-87 Export Packing.
* * * * *
0
61. Revise section 552.211-88 heading to read as follows:
552.211-88 Vehicle Export Preparation.
* * * * *
0
62. Revise section 552.211-89 heading to read as follows:
552.211-89 Non-manufactured Wood Packaging Material for Export.
* * * * *
0
63. Revise section 552.211-90 heading to read as follows:
552.211-90 Small Parts.
* * * * *
0
64. Revise section 552.211-91 heading to read as follows:
552.211-91 Vehicle Decals, Stickers, and Data Plates.
* * * * *
0
65. Revise section 552.211-92 heading to read as follows:
552.211-92 Radio Frequency Identification (RFID) Using Passive Tags.
* * * * *
0
66. Amend section 552.211-94 by--
0
a. Revising the section heading; and
0
b. Removing from the introductory text ``511.404(d)'' and adding
``511.404(a)(4)'' in its place.
The revision reads as follows:
552.211-94 Time of Delivery.
* * * * *
552.212-71 [Amended]
0
67. Amend section 552.212-71 by removing from the introductory text
``512.301(a)(2)'' and adding ``512.301(a)(1)'' in its place.
552.212-72 [Amended]
0
68. Amend section 552.212-72 by removing from the introductory text
``512.301(a)(3)'' and adding ``512.301(a)(2)'' in its place.
552.216-73 [Amended]
0
69. Amend section 552.216-73, in Alternate I by removing from the end
of the paragraph ``basic provision'' and adding ``basic provision and
redesignate paragraph (e) accordingly'' in its place.
552.216-75 [Amended]
0
70. Amend section 552.216-75 by--
0
a. Removing from the introductory text the word ``provision'' and
adding the word ``clause'' in its place; and
0
b. Removing from the end of the section ``(End of Provision)'' and
adding ``(End of clause)'' in its place.
0
71. Amend section 552.217-73 by--
0
a. Redesignating section 552.217-73 as 552.215-73;
0
b. Revising the heading of the newly redesignated section 552.215-73;
and
0
c. Removing from the introductory text ``515.209-70(b)'' and adding
``515.209-70(c)'' in its place.
The revision reads as follows:
552.215-73 Notice.
* * * * *
552.219-70 [Amended]
0
72. Amend section 552.219-70 by removing from the introductory text
``519.508'' and adding ``519.507'' in its place.
552.219-74 [Amended]
0
73. Amend section 552.219-74 by removing from the introductory text
``519.870-8'' and adding ``519.870-2(a)'' in its place.
0
74. Amend section 552.227-70 by--
0
a. Removing from the introductory text ``527.409'' and adding
``527.409(a)'' in its place; and
0
b. Revising the clause heading.
The revision reads as follows:
552.227-70 Government Rights (Unlimited).
* * * * *
Government Rights (Unlimited) (MAY 1989) (Deviation FAR 52.227-17)
* * * * *
0
75. Amend section 552.227-71 by revising the introductory text and
clause heading to read as follows:
552.227-71 Drawings and Other Data To Become Property of Government.
As prescribed in 527.409-70(b), insert the following clause:
Drawings and Other Data To Become Property of Government (MAY 1989)
(Deviation FAR 52.227-17)
* * * * *
552.229-70 [Amended]
0
76. Amend section 552.229-70 by removing from the introductory text
[[Page 55524]]
``529.401-70'' and adding ``529.470(a)'' in its place.
552.229-71 [Amended]
0
77. Amend section 552.229-71 by removing from the introductory text
``529.401-71'' and adding ``529.470(b)'' in its place.
552.232-1 [Amended]
0
78. Amend section 552.232-1 by removing from the introductory text
``532.908(a)'' and adding ``552.111(a)'' in its place.
552.232-5 [Amended]
0
79. Amend section 552.232-5 by removing from the introductory text
``532.111'' and adding ``552.111(b)'' in its place.
552.232-25 [Amended]
0
80. Amend section 552.232-25 by removing from the introductory text
``532.908(c)(2)'' and adding ``532.908(b)(2)'' in its place.
0
81. Amend section 552.232-39 by revising the section heading, the
introductory text, and the clause heading to read as follows:
552.232-39 Unenforceability of Unauthorized Obligations.
As prescribed in 532.706-3, insert the following clause:
Unenforceability of Unauthorized Obligations (FEB 2018) (Deviation FAR
52.232-39)
* * * * *
552.232-72 [Amended]
0
82. Amend section 552.232-72 by removing from the introductory text
``532.904(b)'' and adding ``532.908(a)'' in its place.
0
83. Amend section 552.232-78 by--
0
a. Revising the introductory text; and
0
b. Removing from the clause heading ``(FEB. 2018)'' and adding ``(FEB
2018)'' in its place.
The revision reads as follows:
552.232-78 Commercial Supplier Agreements--Unenforceable Clauses.
As prescribed in 532.706-3(b), insert the following clause:
* * * * *
0
84. Amend section 552.236-71 in Alternate I by revising the
introductory text to read as follows:
552.236-71 Contractor Responsibilities.
* * * * *
Alternate I (MAR 2019). As prescribed in 536.571, substitute the
following paragraphs (d), (e), (f), and (g) for paragraphs (d), (e),
(f), and (g) of the basic clause:
* * * * *
552.236-74 [Amended]
0
85. Amend section 552.236-74 by removing from the introductory text
``insert the'' and adding ``insert a provision substantially the same
as the'' in its place.
552.236-75 [Amended]
0
86. Amend section 552.236-75 by removing from the introductory text
``insert the'' and adding ``insert a provision substantially the same
as the'' in its place.
0
87. Amend section 552.236-76 by revising the section heading, the
introductory text, and the introductory text of Alternate I to read as
follows:
552.236-76 Basis of Award--Sealed Bidding Construction.
As prescribed in 536.270-5(c), insert a provision substantially the
same as the following provision:
* * * * *
Alternate I (MAR 2019). As prescribed in 536.270-5(c), redesignate
the basic provision as paragraph (a) and add the following paragraph
(b) to the basic provision:
* * * * *
552.236-77 [Amended]
0
88. Amend section 552.236-77 by removing from the introductory text
``insert the'' and adding ``insert a clause substantially the same as
the'' in its place.
0
89. Amend section 552.236-79 by revising the introductory text and
clause heading to read as follows:
552.236-79 Construction-Manager-As-Constructor.
As prescribed in 536.7107(a), insert a clause substantially the
same as the following clause:
Construction-Manager-As-Constructor (JAN 2020) (Deviation FAR 52.216-
17)
* * * * *
552.236-80 [Amended]
0
90. Amend section 552.236-80 by removing from the introductory text
``insert the'' and adding ``insert a clause substantially the same as
the'' in its place.
552.238-77 [Amended]
0
91. Amend section 552.238-77 by--
0
a. Removing from the clause heading ``(FEB 2020)'' and adding ``(MAR
2020)'' in its place; and
0
b. Removing from the end of the section ``End of Clause'' and adding
``(End of clause)'' in its place.
552.238-81 [Amended]
0
92. In section 552.238-81 amend Alternate I by removing from the
introductory text ``substitute the following paragraph'' and adding
``substitute the following paragraphs'' in its place.
552.238-82 [Amended]
0
93. Amend section 552.238-82 by--
0
a. Removing from the clause heading ``(MAY 2019)'' and adding ``(MAR
2020)'' in its place;
0
b. Removing paragraph (e), and
0
c. In Alternate I removing ``(MAY 2019)'' and adding ``(MAR 2020)'' in
its place.
0
94. Amend section 552.241-70 by revising the introductory text and the
clause heading to read as follows:
552.241-70 Availability of Funds for the Next Fiscal Year or Quarter.
As prescribed in 541.501(a), insert the following:
Availability of Funds for the Next Fiscal Year or Quarter (AUG 2010)
(Deviation FAR 52.232-19)
* * * * *
0
95. Amend section 552.241-71 by revising the introductory text to read
as follows:
552.241-71 Disputes (Utility Contracts).
As prescribed in 541.570(b), insert the following clause:
* * * * *
552.242-70 [Amended]
0
96. Amend section 552.242-70 by removing from the clause heading ``(FEB
9, 2009)'' and adding ``(FEB 2009)'' in its place.
552.246-70 [Amended]
0
97. Amend section 552.246-70 by removing from the clause heading ``(JUL
09)'' and adding ``(JUL 2009)'' in its place.
552.246-71 [Amended]
0
98. Amend section 552.246-71 by removing from the clause heading
``(JUNE 1, 2009)'' and adding ``(JUN 2009)'' in its place.
0
99. Amend section 552.246-77 by--
0
a. Revising the introductory text; and
0
b. Removing from the clause heading ``(JUL 09)'' and adding ``(JUL
2009)'' in its place.
The revision reads as follows:
[[Page 55525]]
552.246-77 Additional Contract Warranty Provisions for Supplies of a
Noncomplex Nature.
As prescribed in 546.710, insert the following clause:
* * * * *
552.246-78 [Amended]
0
100. Amend section 552.246-78 by removing from the clause heading
``(JUL 09)'' and adding ``(JUL 2009)'' in its place.
0
101. Revise section 552.252-5 to read as follows:
552.252-5 Authorized Deviations in Provisions.
As prescribed in 552.107-70(a), insert the following provision:
Authorized Deviations in Provisions (DATE) (Deviation FAR 52.252-5)
(a) Deviations to FAR provisions. This solicitation identifies
any authorized deviation to a Federal Acquisition Regulation (FAR)
(48 CFR chapter 1) provision by--
(1) The addition of ``(DEVIATION)'' after the date of the FAR
provision when an authorized deviation to a FAR provision is being
used, and
(2) The addition of ``(DEVIATION FAR (provision number))'' after
the date of the GSAR provision when a GSAR provision is being used
in lieu of a FAR provision.
(b) Deviations to GSAR provisions. This solicitation identifies
any authorized deviation to a General Services Administration
Acquisition Regulation (GSAR) (48 CFR chapter 5) provision by the
addition of ``(DEVIATION)'' after the date of the provision.
(c) ``Substantially the same as'' provisions. Changes in wording
of provisions prescribed for use on a ``substantially the same as''
basis are not considered deviations.
(End of provision)
0
102. Revise section 552.252-6 to read as follows:
552.252-6 Authorized Deviations in Clauses.
As prescribed in 552.107-70(b), insert the following clause:
Authorized Deviations in Clauses (DATE) (Deviation FAR 52.252-6)
(a) Deviations to FAR clauses. This solicitation or contract
identifies any authorized deviation to a Federal Acquisition
Regulation (FAR) (48 CFR chapter 1) clause by--
(1) The addition of ``(DEVIATION)'' after the date of the FAR
clause when an authorized deviation to a FAR clause is being used,
and
(2) The addition of ``(DEVIATION FAR (clause number))'' after
the date of the GSAR clause when a GSAR clause is being used in lieu
of a FAR clause.
(b) Deviations to GSAR clauses. This solicitation or contract
identifies any authorized deviation to a General Services
Administration Acquisition Regulation (GSAR) (48 CFR chapter 5)
clause by the addition of ``(DEVIATION)'' after the date of the
clause.
(c) ``Substantially the same as'' clauses. Changes in wording of
clauses prescribed for use on a ``substantially the same as'' basis
are not considered deviations.
(End of clause)
552.270-1 [Amended]
0
103. Amend section 552.270-1 by--
0
a. In Alternate I removing from the introductory text ``paragraph for
paragraph (c)(2)(i)'' and adding ``paragraph (c)(2)(i) for paragraph
(c)(2)(i)'' in its place; and
0
b. In Alternate II removing from the introductory text ``paragraph for
paragraph (e)(4)'' and adding ``paragraph (e)(4) for paragraph (e)(4)''
in its place.
552.270-31 [Amended]
0
104. Amend section 552.270-31 by revising Alternate I to read as
follows:
552.270-31 Prompt Payment.
* * * * *
Alternate I (SEP 1999). As prescribed in 570.703, delete paragraphs
(a)(2) and (b) of the basic clause, and redesignate the remaining
paragraphs accordingly.
PART 570--ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY
0
105. The authority citation for 48 CFR part 570 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
570.701 [Amended]
0
106. Amend section 570.701 by removing from the introductory text
``Include provisions'' and adding ``Insert provisions'' in its place.
0
107. Amend section 570.702 by revising the introductory text and the
entry for 552.270-1 to read as follows:
570.702 GSAR solicitation provisions.
Each SFO must include provisions substantially the same as the
following, unless the contracting officer determines that the provision
is not appropriate. The contracting officer shall document the file
with the basis for omitting or substantially changing a provision.
552.270-1 Instructions to Offerors--Acquisition of Leasehold
Interests in Real Property. Use the provision with its Alternate I if
it is advantageous to the Government to allow offers to be submitted up
to the exact time specified for award. Use the provision with its
Alternate II if the Government intends to award without discussions.
* * * * *
0
108. Amend section 570.703 by--
0
a. Revising paragraph (a) introductory text, and the entry for 552.270-
4 in paragraph (a); and
0
b. Revising paragraph (b).
The revisions read as follows:
570.703 GSAR contract clauses.
(a) Insert clauses substantially the same as the following in
solicitations and contracts for leasehold interests in real property
that exceed the simplified lease acquisition threshold, unless the
contracting officer determines that a clause is not appropriate. The
contracting officer shall document the file with the basis for omitting
or substantially changing a clause. A deviation is not required under
section 570.704 to determine that a clause in this section is not
appropriate. The following clauses may be inserted in solicitations and
contracts for leasehold interests in real property at or below the
simplified lease acquisition threshold.
* * * * *
552.270-4 Definitions. Insert this clause if including the clause
at 552.270-28.
* * * * *
(b) Insert the following clauses in solicitations and contracts for
leasehold interests in real property:
552.270-30 Price Adjustment for Illegal or Improper Activity.
552.270-31 Prompt Payment.
552.270-32 Covenant Against Contingent Fees.
[FR Doc. 2021-20541 Filed 10-5-21; 8:45 am]
BILLING CODE 6820-61-P
