General Services Administration Acquisition Regulation (GSAR); Streamline GSA Commercial Contract Clause Requirements, 62472-62474 [2023-19396]
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62472
Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations
a copy of this Order to Congress or the
Government Accountability Office.
Regulatory Flexibility Act
Because these rule changes are being
adopted without notice and comment,
the Regulatory Flexibility Act 8 does not
apply.
[FR Doc. 2023–19612 Filed 9–11–23; 8:45 am]
List of Subjects in 47 CFR Part 76
Television.
BILLING CODE 6712–01–P
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
GENERAL SERVICES
ADMINISTRATION
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 76 by
making the following technical
amendment:
PART 76—MULTICHANNEL VIDEO
AND CABLE TELEVISION SERVICE
48 CFR Parts 515, 538, and 552
[GSAR Case 2019–G503; Docket No. 2022–
0019; Sequence No. 1]
RIN 3090–AK09
General Services Administration
Acquisition Regulation (GSAR);
Streamline GSA Commercial Contract
Clause Requirements
1. The authority citation for part 76
continues to read as follows:
AGENCY:
Authority: 47 U.S.C. 151, 152, 153, 154,
301, 302, 302a, 303, 303a, 307, 308, 309, 312,
315, 317, 325, 338, 339, 340, 341, 503, 521,
522, 531, 532, 534, 535, 536, 537, 543, 544,
544a, 545, 548, 549, 552, 554, 556, 558, 560,
561, 571, 572, 573.
SUMMARY:
■
2. Section 76.66 is amended by
revising paragraph (e)(3) to read as
follows:
■
§ 76.66
Satellite broadcast signal carriage.
*
lotter on DSK11XQN23PROD with RULES1
determine which local market in the
State of Alaska will be deemed to be the
relevant local market in connection with
each subscriber in an area in the State
of Alaska that is outside of a designated
market, as described in paragraph (e)(2)
of this section.
*
*
*
*
*
*
*
*
*
(e) * * *
(3) A satellite carrier shall use the
October 2021 Nielsen Local TV Station
Information for the retransmission
consent-mandatory carriage election
cycle commencing on January 1, 2024,
and ending on December 31, 2026. The
October 2024 Nielsen Local TV Station
Information Report shall be used for the
retransmission consent-mandatory
carriage election cycle commencing
January 1, 2027, and ending December
31, 2029, and so forth using the
publications for the October two years
prior to each triennial election pursuant
to this section. Provided, however, that
a county deleted from a market by
Nielsen need not be subtracted from a
market in which a satellite carrier
provides local-into-local service, if that
county is assigned to that market in the
1999–2000 Nielsen Station Index
Directory or any subsequent issue of
that publication, or the Local TV Station
Information Report commencing with
October 2021, and every three years
thereafter (i.e., October 2024, October
2027, etc.). A satellite carrier may
85
U.S.C. 601 et seq. See id. section 601(2).
VerDate Sep<11>2014
16:24 Sep 11, 2023
Jkt 259001
Office of Acquisition Policy,
General Services Administration.
ACTION: Final rule.
The General Services
Administration (GSA) is issuing this
final rule amending the GSAR to clarify
and streamline the clauses contracting
officers should reference in acquisitions
for commercial products and services.
DATES: Effective: October 12, 2023.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Nicholas Giles or Ms. Johnnie
McDowell, Procurement Analysts at
202–718–6112 or GSARPolicy@gsa.gov.
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 2019–G503.
SUPPLEMENTARY INFORMATION:
I. Background
GSA published a proposed rule in the
Federal Register at 87 FR 77783 on
December 20, 2022, to amend the GSAR
to streamline, reorganize, and delete
duplicative and outdated clauses. These
changes can be categorized into three
areas: reorganization of commercial
clauses and applicable parts; relocation
of an FSS clause; and editorial changes.
This rule updates several clauses and
other related parts by eliminating out of
date references and any requirements
that are not necessary by law.
Specifically, GSA streamlined and
reorganized the references in GSAR
Clauses 552.212–71 and 552.212–72,
and other related GSAR sections to
reduce duplicative content and to
ensure consistency within GSA’s
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
guidance as it relates to the acquisition
of commercial products and commercial
services.
In addition, GSA identified several
duplicative and outdated clauses
incorporated by reference at GSAR
552.212–71 Contract Terms and
Conditions Applicable to GSA
Acquisitions of Commercial Products
and Commercial Services, GSAR
552.212–72 Contract Terms and
Conditions Required To Implement
Statutes or Executive Orders Applicable
to GSA Acquisition of Commercial
Products and Commercial Services, and
other related GSAR sections.
II. Discussion of the Final Rule
A. Analysis of Public Comments
GSA provided the public a 60-day
comment period (December 20, 2022, to
February 21, 2023). GSA did not receive
any comments from the public.
B. Summary of Changes
GSA did not make any significant
changes, or changes of any kind, since
publication of the proposed rule.
III. Expected Impact of the Rule
This final rule will assist GSA’s
contracting officers in ensuring
appropriate safeguards are followed
when procuring commercial products
and services. Contracting officers will be
able to clearly identify which clauses to
consider inserting in solicitations and
contracts when procuring commercial
products and services. In addition, the
removal of duplicative and outdated
clauses will reduce the amount of time
contracting officers need in preparing
solicitation packages and monitoring
contracts.
IV. Executive Orders 12866, 13563 and
14094
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. E.O. 14094 (Modernizing
Regulatory Review) supplements and
reaffirms the principles, structures, and
definitions governing contemporary
regulatory review established in E.O.
12866 and E.O. 13563. The Office of
Information and Regulatory Affairs
(OIRA) in the Office of Management and
Budget (OMB) has determined that this
E:\FR\FM\12SER1.SGM
12SER1
Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations
is not a significant regulatory action
and, therefore, was not subject to review
under Section 6(b) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993.
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. The GSA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. OIRA in OMB has
determined that this is not a major rule
under 5 U.S.C. 804.
lotter on DSK11XQN23PROD with RULES1
VI. Regulatory Flexibility Act
GSA does not expect this final rule to
have a significant economic impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, at 5 U.S.C. 601, et seq.,
because the rule incorporates clauses
that are currently in use in GSA
commercial solicitations and contracts
and contractors are familiar with and
are currently complying with these
practices. However, a Final Regulatory
Flexibility Analysis (FRFA) has been
prepared. There were no comments
submitted in response to the initial
regulatory flexibility analysis provided
in the proposed rule. The FRFA has
been prepared consistent with the
criteria of 5 U.S.C. 604 and is
summarized as follows:
The GSA is issuing a final rule
amending the GSAR at 552.212–71 and
552.212–72 and related parts to clarify
and streamline the contract terms and
conditions applicable to GSA
acquisitions of commercial products
and commercial services.
The objective of the final rule is to
ensure contracting officers consider the
appropriate clauses when procuring
GSA acquisitions for commercial
products and services.
There were no comments submitted
and therefore no significant issues
raised by the public in response to the
initial regulatory flexibility analysis.
However, GSA made three minor
changes to GSAR clauses 552.212–71,
552.212–72 and 552.238–117. The
clauses all required the date of the
VerDate Sep<11>2014
16:24 Sep 11, 2023
Jkt 259001
clauses to be changed to reflect the
modifications made in this GSAR case.
The final rule applies to large and
small business entities, which are
responding to solicitations or are
awarded contracts for commercial
products or services. This final rule will
not have a significant economic impact
on a substantial number of small entities
because the changes to the GSAR do not
add any new requirements but rather
will streamline the procurement process
by reorganizing clauses, removing
duplicative or outdated clauses,
transferring, re-titling and renumbering
referenced clauses and make technical
and editorial changes to ensure
contracting officers incorporate the
correct clauses when procuring
commercial products and commercial
services.
GSA does not expect this final rule to
have a significant economic impact on
a substantial number of small business
entities within the meaning of the
Regulatory Flexibility Act, at 5 U.S.C.
601.
The final rule does not impose any
new reporting or recordkeeping
requirements on any small entities.
The final rule does not duplicate,
overlap, or conflict with any other
Federal rules.
There are no known alternatives to
this rule which would accomplish the
stated objectives.
Interested parties may obtain a copy
of the FRFA from the Regulatory
Secretariat Division. The Regulatory
Secretariat Division has submitted a
copy of the FRFA to the Chief Counsel
for Advocacy of the Small Business
Administration.
VII. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
GSAR do not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors, or members of the
public that require the approval of OMB
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 515,
538 and 552.
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
515, 538 and 552 as set forth below:
■ 1. The authority citation for 48 CFR
parts 515, 538, and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
62473
PART 515—CONTRACTING BY
NEGOTIATION
515.408
[Amended]
2. Amend section 515.408 by—
a. Removing paragraph (a)(1);
b. Redesignating paragraphs (a)(2), (3)
and (4) as paragraphs (a)(1), (2) and (3);
■ c. Removing the first sentence in the
note in paragraph (b) introductory text;
■ d. Removing the parenthetical last
sentence in paragraph (b)(3);
■ e. Removing the first sentence in the
‘‘Column 2’’ under paragraph (c);
■ f. Removing paragraph (d); and
■ g. Redesignating paragraph (e) as
paragraph (d).
■
■
■
PART 538—Federal Supply Schedule
Contracting
3. Amend section 538.273 by revising
paragraph (d)(22) introductory text and
adding paragraph (d)(37) to read as
follows:
■
538.273 FSS solicitation provisions and
contract clauses.
*
*
*
*
*
(d) * * *
(22) 552.238–98, Clauses for Overseas
Coverage. Use only in FSS solicitations
and contracts when overseas acquisition
is contemplated. The GSAR clauses and
GSAR provisions in paragraphs
(d)(22)(i) through (xi) of this section
shall also be inserted in full text, when
applicable.
*
*
*
*
*
(37) 552.238–117, Price Adjustment—
Failure to Provide Accurate Information.
Use only in FSS solicitations and
contracts under the MAS program. This
clause is used when the contract
contains the basic clause 552.238–80
Industrial Funding Fee and Sales
Reporting.
*
*
*
*
*
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
4. Revise section 552.212–71 to read
as follows:
■
552.212–71 Contract Terms and
Conditions Applicable to GSA Acquisition
of Commercial Products and Commercial
Services.
As prescribed in 512.301(a)(1), insert
the following clause:
Contract Terms and Conditions
Applicable to GSA Acquisitions of
Commercial Products and Commercial
Services (Oct 2023)
(a) The Contractor agrees to comply
with any clause that is incorporated
herein by reference to implement
E:\FR\FM\12SER1.SGM
12SER1
62474
Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations
agency policy applicable to acquisition
of commercial products, including
commercial components, and
commercial services. The clause in
effect based on the applicable regulation
cited on the date the solicitation is
issued applies unless otherwise stated
herein. The Contracting Officer should
check the clauses in paragraph (b) that
apply or delete the clauses that do not
apply from the list. The Contracting
Officer may add the date of the clause
if desired for clarity. The GSAR clauses
in paragraph (b) of this section are
incorporated by reference.
(b) Clauses.
552.203–71 Restriction on Advertising
552.211–73 Marking
552.219–70 Allocation of Orders—
Partially Set-Aside Items
552.229–70 Federal, State, and Local
Taxes
552.232–72 Final Payment Under
Building Services Contracts
552.237–71 Qualifications of
Employees
552.242–70 Status Report of Orders
and Shipments
■ 5. Revise section 552.212–72 to read
as follows:
552.215–72
[Removed and Reserved]
552.212–72 Contract Terms and
Conditions Required To Implement Statutes
or Executive Orders Applicable to GSA
Acquisition of Commercial Products and
Commercial Services.
■
As prescribed in 512.301(a)(2), insert
the following clause:
552.238–117 Price Adjustment—Failure to
Provide Accurate Information.
Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders Applicable to GSA
Acquisition of Commercial Products
and Commercial Services (Oct 2023)
The Contractor agrees to comply with
any provision or clause that is
incorporated herein by reference to
implement provisions of law or
Executive Orders applicable to
acquisition of commercial items or
components. The provision or clause in
lotter on DSK11XQN23PROD with RULES1
effect based on the applicable regulation
cited on the date the solicitation is
issued applies unless otherwise stated
herein. The contracting officer should
either check the provisions and clauses
that apply or delete the provisions and
clauses that do not apply from the lists
in paragraphs (a) and (b). The
contracting officer may add the date of
the provision or clause if desired for
clarity. The GSAR provisions in
paragraph (a) and GSAR clauses in
paragraph (b) are incorporated by
reference.
(a) Provisions.
ll552.223–72 Hazardous Material
Information.
(b) Clauses.
ll552.215–70 Examination of
Records by GSA.
ll552.223–70 Hazardous
Substances.
ll552.223–71 Nonconforming
Hazardous Material.
ll552.223–73 Preservation,
Packaging, Packing, Marking, and
Labeling of Hazardous Materials
(HAZMAT) for Shipments.
ll552.232–23 Assignment of Claims.
VerDate Sep<11>2014
16:24 Sep 11, 2023
Jkt 259001
6. Remove and reserve section
552.215–72.
■ 7. Add section 552.238–117 to read as
follows:
As prescribed in 538.273(d)(37), insert
the following clause:
Price Adjustment—Failure To Provide
Accurate Information (Oct 2023)
(a) The Government, at its election,
may reduce the price of this contract or
contract modification if the Contracting
Officer determines after award of this
contract or contract modification that
the price negotiated was increased by a
significant amount because the
Contractor failed to:
PO 00000
Frm 00030
Fmt 4700
Sfmt 9990
(1) Provide information required by
this solicitation/contract or otherwise
requested by the Government; or
(2) Submit information that was
current, accurate, and complete; or
(3) Disclose changes in the
Contractor’s commercial pricelist(s),
discounts or discounting policies which
occurred after the original submission
and prior to the completion of
negotiations.
(b) The Government will consider
information submitted to be current,
accurate and complete if the data is
current, accurate and complete as of 14
calendar days prior to the date it is
submitted.
(c) If any reduction in the contract
price under this clause reduces the price
for items for which payment was made
prior to the date of the modification
reflecting the price reduction, the
Contractor shall be liable to and shall
pay the United States—
(1) The amount of the overpayment;
and
(2) Simple interest on the amount of
such overpayment to be computed from
the date(s) of overpayment to the
Contractor to the date the Government
is repaid by the Contractor at the
applicable underpayment rate effective
each quarter prescribed by the Secretary
of Treasury under 26 U.S.C.6621(a)(2).
(d) Failure to agree on the amount of
the decrease shall be resolved as a
dispute.
(e) In addition to the remedy in
paragraph (a) of this clause, the
Government may terminate this contract
for default. The rights and remedies of
the Government specified herein are not
exclusive, and are in addition to any
other rights and remedies provided by
law or under this contract.
(End of clause)
[FR Doc. 2023–19396 Filed 9–11–23; 8:45 am]
BILLING CODE 6820–61–P
E:\FR\FM\12SER1.SGM
12SER1
]]>Agencies
[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Rules and Regulations]
[Pages 62472-62474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19396]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 515, 538, and 552
[GSAR Case 2019-G503; Docket No. 2022-0019; Sequence No. 1]
RIN 3090-AK09
General Services Administration Acquisition Regulation (GSAR);
Streamline GSA Commercial Contract Clause Requirements
AGENCY: Office of Acquisition Policy, General Services Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is issuing this
final rule amending the GSAR to clarify and streamline the clauses
contracting officers should reference in acquisitions for commercial
products and services.
DATES: Effective: October 12, 2023.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Nicholas Giles or Ms. Johnnie McDowell, Procurement Analysts at
202-718-6112 or [email protected]. For information pertaining to
status or publication schedules, contact the Regulatory Secretariat
Division at 202-501-4755 or [email protected]. Please cite GSAR Case
2019-G503.
SUPPLEMENTARY INFORMATION:
I. Background
GSA published a proposed rule in the Federal Register at 87 FR
77783 on December 20, 2022, to amend the GSAR to streamline,
reorganize, and delete duplicative and outdated clauses. These changes
can be categorized into three areas: reorganization of commercial
clauses and applicable parts; relocation of an FSS clause; and
editorial changes.
This rule updates several clauses and other related parts by
eliminating out of date references and any requirements that are not
necessary by law. Specifically, GSA streamlined and reorganized the
references in GSAR Clauses 552.212-71 and 552.212-72, and other related
GSAR sections to reduce duplicative content and to ensure consistency
within GSA's guidance as it relates to the acquisition of commercial
products and commercial services.
In addition, GSA identified several duplicative and outdated
clauses incorporated by reference at GSAR 552.212-71 Contract Terms and
Conditions Applicable to GSA Acquisitions of Commercial Products and
Commercial Services, GSAR 552.212-72 Contract Terms and Conditions
Required To Implement Statutes or Executive Orders Applicable to GSA
Acquisition of Commercial Products and Commercial Services, and other
related GSAR sections.
II. Discussion of the Final Rule
A. Analysis of Public Comments
GSA provided the public a 60-day comment period (December 20, 2022,
to February 21, 2023). GSA did not receive any comments from the
public.
B. Summary of Changes
GSA did not make any significant changes, or changes of any kind,
since publication of the proposed rule.
III. Expected Impact of the Rule
This final rule will assist GSA's contracting officers in ensuring
appropriate safeguards are followed when procuring commercial products
and services. Contracting officers will be able to clearly identify
which clauses to consider inserting in solicitations and contracts when
procuring commercial products and services. In addition, the removal of
duplicative and outdated clauses will reduce the amount of time
contracting officers need in preparing solicitation packages and
monitoring contracts.
IV. Executive Orders 12866, 13563 and 14094
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.
E.O. 14094 (Modernizing Regulatory Review) supplements and reaffirms
the principles, structures, and definitions governing contemporary
regulatory review established in E.O. 12866 and E.O. 13563. The Office
of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget (OMB) has determined that this
[[Page 62473]]
is not a significant regulatory action and, therefore, was not subject
to review under Section 6(b) of Executive Order 12866, Regulatory
Planning and Review, dated September 30, 1993.
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. The GSA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States. A major rule cannot take effect until 60 days after it
is published in the Federal Register. OIRA in OMB has determined that
this is not a major rule under 5 U.S.C. 804.
VI. Regulatory Flexibility Act
GSA does not expect this final rule to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, at 5 U.S.C. 601, et seq., because the
rule incorporates clauses that are currently in use in GSA commercial
solicitations and contracts and contractors are familiar with and are
currently complying with these practices. However, a Final Regulatory
Flexibility Analysis (FRFA) has been prepared. There were no comments
submitted in response to the initial regulatory flexibility analysis
provided in the proposed rule. The FRFA has been prepared consistent
with the criteria of 5 U.S.C. 604 and is summarized as follows:
The GSA is issuing a final rule amending the GSAR at 552.212-71 and
552.212-72 and related parts to clarify and streamline the contract
terms and conditions applicable to GSA acquisitions of commercial
products and commercial services.
The objective of the final rule is to ensure contracting officers
consider the appropriate clauses when procuring GSA acquisitions for
commercial products and services.
There were no comments submitted and therefore no significant
issues raised by the public in response to the initial regulatory
flexibility analysis. However, GSA made three minor changes to GSAR
clauses 552.212-71, 552.212-72 and 552.238-117. The clauses all
required the date of the clauses to be changed to reflect the
modifications made in this GSAR case.
The final rule applies to large and small business entities, which
are responding to solicitations or are awarded contracts for commercial
products or services. This final rule will not have a significant
economic impact on a substantial number of small entities because the
changes to the GSAR do not add any new requirements but rather will
streamline the procurement process by reorganizing clauses, removing
duplicative or outdated clauses, transferring, re-titling and
renumbering referenced clauses and make technical and editorial changes
to ensure contracting officers incorporate the correct clauses when
procuring commercial products and commercial services.
GSA does not expect this final rule to have a significant economic
impact on a substantial number of small business entities within the
meaning of the Regulatory Flexibility Act, at 5 U.S.C. 601.
The final rule does not impose any new reporting or recordkeeping
requirements on any small entities.
The final rule does not duplicate, overlap, or conflict with any
other Federal rules.
There are no known alternatives to this rule which would accomplish
the stated objectives.
Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat Division. The Regulatory Secretariat Division
has submitted a copy of the FRFA to the Chief Counsel for Advocacy of
the Small Business Administration.
VII. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the GSAR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that require the approval of OMB
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 515, 538 and 552.
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 515, 538 and 552 as set forth
below:
0
1. The authority citation for 48 CFR parts 515, 538, and 552 continues
to read as follows:
Authority: 40 U.S.C. 121(c).
PART 515--CONTRACTING BY NEGOTIATION
515.408 [Amended]
0
2. Amend section 515.408 by--
0
a. Removing paragraph (a)(1);
0
b. Redesignating paragraphs (a)(2), (3) and (4) as paragraphs (a)(1),
(2) and (3);
0
c. Removing the first sentence in the note in paragraph (b)
introductory text;
0
d. Removing the parenthetical last sentence in paragraph (b)(3);
0
e. Removing the first sentence in the ``Column 2'' under paragraph (c);
0
f. Removing paragraph (d); and
0
g. Redesignating paragraph (e) as paragraph (d).
PART 538--Federal Supply Schedule Contracting
0
3. Amend section 538.273 by revising paragraph (d)(22) introductory
text and adding paragraph (d)(37) to read as follows:
538.273 FSS solicitation provisions and contract clauses.
* * * * *
(d) * * *
(22) 552.238-98, Clauses for Overseas Coverage. Use only in FSS
solicitations and contracts when overseas acquisition is contemplated.
The GSAR clauses and GSAR provisions in paragraphs (d)(22)(i) through
(xi) of this section shall also be inserted in full text, when
applicable.
* * * * *
(37) 552.238-117, Price Adjustment--Failure to Provide Accurate
Information. Use only in FSS solicitations and contracts under the MAS
program. This clause is used when the contract contains the basic
clause 552.238-80 Industrial Funding Fee and Sales Reporting.
* * * * *
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Revise section 552.212-71 to read as follows:
552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition
of Commercial Products and Commercial Services.
As prescribed in 512.301(a)(1), insert the following clause:
Contract Terms and Conditions Applicable to GSA Acquisitions of
Commercial Products and Commercial Services (Oct 2023)
(a) The Contractor agrees to comply with any clause that is
incorporated herein by reference to implement
[[Page 62474]]
agency policy applicable to acquisition of commercial products,
including commercial components, and commercial services. The clause in
effect based on the applicable regulation cited on the date the
solicitation is issued applies unless otherwise stated herein. The
Contracting Officer should check the clauses in paragraph (b) that
apply or delete the clauses that do not apply from the list. The
Contracting Officer may add the date of the clause if desired for
clarity. The GSAR clauses in paragraph (b) of this section are
incorporated by reference.
(b) Clauses.
552.203-71 Restriction on Advertising
552.211-73 Marking
552.219-70 Allocation of Orders--Partially Set-Aside Items
552.229-70 Federal, State, and Local Taxes
552.232-72 Final Payment Under Building Services Contracts
552.237-71 Qualifications of Employees
552.242-70 Status Report of Orders and Shipments
0
5. Revise section 552.212-72 to read as follows:
552.212-72 Contract Terms and Conditions Required To Implement
Statutes or Executive Orders Applicable to GSA Acquisition of
Commercial Products and Commercial Services.
As prescribed in 512.301(a)(2), insert the following clause:
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders Applicable to GSA Acquisition of Commercial Products
and Commercial Services (Oct 2023)
The Contractor agrees to comply with any provision or clause that
is incorporated herein by reference to implement provisions of law or
Executive Orders applicable to acquisition of commercial items or
components. The provision or clause in effect based on the applicable
regulation cited on the date the solicitation is issued applies unless
otherwise stated herein. The contracting officer should either check
the provisions and clauses that apply or delete the provisions and
clauses that do not apply from the lists in paragraphs (a) and (b). The
contracting officer may add the date of the provision or clause if
desired for clarity. The GSAR provisions in paragraph (a) and GSAR
clauses in paragraph (b) are incorporated by reference.
(a) Provisions.
__552.223-72 Hazardous Material Information.
(b) Clauses.
__552.215-70 Examination of Records by GSA.
__552.223-70 Hazardous Substances.
__552.223-71 Nonconforming Hazardous Material.
__552.223-73 Preservation, Packaging, Packing, Marking, and Labeling of
Hazardous Materials (HAZMAT) for Shipments.
__552.232-23 Assignment of Claims.
552.215-72 [Removed and Reserved]
0
6. Remove and reserve section 552.215-72.
0
7. Add section 552.238-117 to read as follows:
552.238-117 Price Adjustment--Failure to Provide Accurate Information.
As prescribed in 538.273(d)(37), insert the following clause:
Price Adjustment--Failure To Provide Accurate Information (Oct 2023)
(a) The Government, at its election, may reduce the price of this
contract or contract modification if the Contracting Officer determines
after award of this contract or contract modification that the price
negotiated was increased by a significant amount because the Contractor
failed to:
(1) Provide information required by this solicitation/contract or
otherwise requested by the Government; or
(2) Submit information that was current, accurate, and complete; or
(3) Disclose changes in the Contractor's commercial pricelist(s),
discounts or discounting policies which occurred after the original
submission and prior to the completion of negotiations.
(b) The Government will consider information submitted to be
current, accurate and complete if the data is current, accurate and
complete as of 14 calendar days prior to the date it is submitted.
(c) If any reduction in the contract price under this clause
reduces the price for items for which payment was made prior to the
date of the modification reflecting the price reduction, the Contractor
shall be liable to and shall pay the United States--
(1) The amount of the overpayment; and
(2) Simple interest on the amount of such overpayment to be
computed from the date(s) of overpayment to the Contractor to the date
the Government is repaid by the Contractor at the applicable
underpayment rate effective each quarter prescribed by the Secretary of
Treasury under 26 U.S.C.6621(a)(2).
(d) Failure to agree on the amount of the decrease shall be
resolved as a dispute.
(e) In addition to the remedy in paragraph (a) of this clause, the
Government may terminate this contract for default. The rights and
remedies of the Government specified herein are not exclusive, and are
in addition to any other rights and remedies provided by law or under
this contract.
(End of clause)
[FR Doc. 2023-19396 Filed 9-11-23; 8:45 am]
BILLING CODE 6820-61-P
