General Services Administration Acquisition Regulation (GSAR); Federal Supply Schedule Contracting (Administrative Changes)

Citation84 FR 17030
Record Number2019-08012
Published date23 April 2019
SectionRules and Regulations
CourtGeneral Services Administration
Federal Register, Volume 84 Issue 78 (Tuesday, April 23, 2019)
[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
                [Rules and Regulations]
                [Pages 17030-17054]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-08012]
                [[Page 17029]]
                Vol. 84
                Tuesday,
                No. 78
                April 23, 2019
                Part IVGeneral Services Administration-----------------------------------------------------------------------48 CFR Parts 501, 515, 538, et al. General Services Administration Acquisition Regulation (GSAR); Federal
                Supply Schedule Contracting (Administrative Changes); Final Rule
                Federal Register / Vol. 84 , No. 78 / Tuesday, April 23, 2019 / Rules
                and Regulations
                [[Page 17030]]
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                GENERAL SERVICES ADMINISTRATION
                48 CFR Parts 501, 515, 538, and 552
                [Change 100; GSAR Case 2013-G502; Docket No. GSA-GSAR-2019-0008;
                Sequence No.1]
                RIN 3090-AJ41
                General Services Administration Acquisition Regulation (GSAR);
                Federal Supply Schedule Contracting (Administrative Changes)
                AGENCY: Office of Acquisition Policy, General Services Administration.
                ACTION: Final rule.
                -----------------------------------------------------------------------
                SUMMARY: The General Services Administration (GSA) is issuing a final
                rule amending the General Services Administration Acquisition
                Regulation (GSAR) Part 515, Contracting by Negotiation, Part 538,
                Federal Supply Schedule Contracting, and GSAR Part 552, Solicitation
                Provisions and Contract Clauses, to clarify, update, and incorporate
                existing Federal Supply Schedule contract administration policies and
                procedures.
                DATES: Effective: May 23, 2019.
                FOR FURTHER INFORMATION CONTACT: Ms. Dana Bowman, General Services
                Acquisition Policy Division, GSA, 202-357-9652 or email
                [email protected], for clarification of content. For information
                pertaining to status or publication schedules, contact the Regulatory
                Secretariat Division at 202-501-4755. Please cite GSAR Case 2013-G502.
                SUPPLEMENTARY INFORMATION:
                I. Background
                 In 2006, GSA initiated a rewrite of the GSAM to consolidate,
                update, and revise policy to fulfill statutory and executive order
                requirements, meet the needs of evolving acquisition programs within
                GSA's Federal Acquisition Service (FAS), Public Building Service (PBS),
                and other staff procurement offices, and ensure consistency with the
                FAR.
                 GSAR Case 2006-G507 was created to rewrite GSAR Part 538, Federal
                Supply Schedule Contracting. The proposed rule, published in the
                Federal Register at 74 FR 4596, on January 26, 2009, received well over
                100 public comments and received considerable stakeholder opposition.
                Therefore, GSA withdrew this case (i.e., the complete rewrite of GSAM
                Part 538) in favor of an iterative approach--opening cases with a more
                limited scope to allow stakeholders to focus on specific issues that
                allowed for robust analysis and discussion as well as increased
                transparency--while expediting the rulemaking process as much as
                possible.
                 GSAR Case 2013-G502 Federal Supply Schedule Contracting
                (Administrative Changes) \1\ was opened as one of several cases to
                reform the Federal Supply Schedule (FSS) Program and address
                outstanding issues. This case is focused on incorporating non-complex
                provisions and clauses, updating administrative matters, and
                restructuring the GSAR to be more consistent with the FAR in terms of
                the FSS program.
                ---------------------------------------------------------------------------
                 \1\ See 79 FR 54126, dated September 10, 2014; Extension 79 FR
                64356, dated October 29, 2014.
                ---------------------------------------------------------------------------
                 GSA's FSS program, commonly known as the GSA Schedules program or
                Multiple Award Schedule (MAS) program, is the Government's most used
                commercial-item purchasing channel, accounting for approximately $34.2
                billion of Federal contract awards in fiscal year 2018 (not including
                the VA Schedules).
                 GSA Schedules provide a convenient and effective option for both
                ordering activities and Schedule contractors. Ordering activities enjoy
                simplified ordering procedures and reduced prices, while Schedule
                contractors connect with federal business quickly and easily.
                Additional features of the Schedules program, including Blanket
                Purchase Agreements (BPAs) and Contractor Team Arrangements (CTAs),
                greatly enhance the flexibility of the program. These features offer:
                 Additional price discounts for ordering activities;
                 Expanded opportunities for contractors;
                 Elimination of redundant effort, with a single contracting
                vehicle fulfilling complex or ongoing needs;
                 Reductions in administrative time and paperwork;
                 Expanded business opportunities for socioeconomic groups;
                and
                 Help for ordering activities wishing to reach socio-
                economic goals.
                 The Schedules Program supports Federal Agencies' missions by
                providing access from simple commodities such as pens and pencils to
                complex services such as IT Modernization.
                Authority for This Rulemaking
                 Pursuant to paragraph (3) of section 152 of Title 41 of the United
                States Code, GSA is authorized to establish procedures for the Federal
                Supply Schedules (FSS) program. FSS procedures meet the Competition in
                Contracting Act (CICA) requirement of full and open competition as long
                as participation has been open to all responsible sources; and orders
                and contracts under those procedures result in the lowest overall cost
                alternative to meet the needs of the Federal Government.
                II. Discussion of the Final Rule
                 GSA published a proposed rule with a request for public comments in
                the Federal Register at 79 FR 54126 on September 10, 2014 to clarify
                and update the contracting by negotiations GSAR section and incorporate
                existing Federal Supply Schedule Contracting policies and procedures,
                and corresponding provisions and clauses. This final rule amends the
                GSAR at GSAR part 515, Contracting by Negotiation, GSAR part 538,
                Federal Supply Schedule Contracting, and corresponding provisions and
                clauses in GSAR part 552, Solicitation Provisions and Contract Clauses.
                 Specifically, the GSAR amendments included in this final rule are
                as follows:
                 1. Solicitation and Contract Structuring: GSAR 538.273 is
                restructured to be more consistent with the formation of Federal Supply
                Schedule (FSS) solicitations and contracts. The previous structure of
                GSAR 538.273 was based upon whether the FSS was single-award or
                multiple-award. A more practical structure outlines where each
                provision or clause shall be located in FSS solicitations and contracts
                (e.g., as an addendum to FAR clause 52.212-1 or 52.212-4).
                 2. New Clauses and Provisions: Thirty (30) new FSS-specific clauses
                and provisions, previously implemented through internal GSA policy and
                currently in FSS solicitations and contracts are incorporated into GSAR
                parts 538 and 552. Bringing these clauses and provisions into the GSAR
                allows for greater transparency, and consolidates all regulations into
                one area, while updating administrative information to ensure currency
                and consistency within the FSS program. The thirty (30) new provisions/
                clauses, prescriptions, and brief descriptions are as follows:
                [[Page 17031]]
                ----------------------------------------------------------------------------------------------------------------
                 No. Name Prescription Description
                ----------------------------------------------------------------------------------------------------------------
                552.238-70................... Cover Page for Worldwide Use in all FSS This provision notifies the
                 Federal Supply solicitations. Offeror of the industry and
                 Schedules. Use Alternate I for types of products/services
                 single-award Federal being solicited.
                 Supply Schedules.
                552.238-71................... Notice of Total Small Use in FSS solicitations This provision notifies
                 Business Set-Aside. containing Special Item small business Offerors
                 Numbers (SINs) that are which Special Item Numbers
                 set aside for small (SINs) are set aside.
                 business.
                552.238-72................... Information Collection Use in all FSS This provision informs
                 Requirements. solicitations. Offerors that only required
                 regulations are contained
                 in the solicitation.
                552.238-74................... Introduction of New Use only in FSS This provision notifies
                 Supplies/Services solicitations allowing Offerors of the method to
                 (INSS). the introduction of new propose new services or
                 supplies/services. Note: supplies not covered by the
                 GSA Form 1649, Schedule.
                 Notification of Federal
                 Supply Schedule
                 Improvement, may be
                 required if revising a
                 Special Item Number
                 (SIN).
                552.238-76................... Use of Non-Government Use only in FSS This provision provides
                 Employees to Review solicitations when non- notification to Offerors
                 Offers. Government employees may that non-Government
                 be utilized to review employees may be utilized
                 solicitation responses. to review their
                 solicitation response.
                552.238-87................... Delivery Prices......... Use in all FSS This clause ensures all
                 solicitations and parties are aware of the
                 contracts. delivery terms of the
                 contract.
                552.238-88................... GSA Advantage!.......... Use in all FSS This clause outlines to the
                 solicitations and Contractor that it must
                 contracts except the participate in the GSA
                 Department of Veterans Advantage![supreg] online
                 Affairs Federal Supply shopping service. This
                 Schedules. clause is not applicable to
                 the Department of Veterans
                 Affairs.
                552.238-89................... Deliveries to the U.S. Use only in FSS This clause provides
                 Postal Service. solicitations and requirements for the
                 contracts for mailable delivery of mailable
                 articles when delivery articles delivered direct
                 to a U.S. Postal Service to a USPS facility. The
                 (USPS) facility is clause ensures the use of
                 contemplated. the USPS to reduce
                 unnecessary costs of
                 shipping.
                552.238-90................... Characteristics of Use only in FSS This clause requires the
                 Electric Current. solicitations and Contractor to provide
                 contracts when the equipment with electrical
                 supply of equipment that currents suitable for the
                 uses electrical current location in which the
                 is contemplated. equipment is to be used, as
                 specified on the order.
                552.238-91................... Marking and Use only in FSS This clause defines the
                 Documentation solicitations and responsibility of Ordering
                 Requirements for contracts for supplies Activities and Contractors
                 Shipping. when the need for for the marking and
                 outlining the minimum documentation of shipping
                 information and information.
                 documentation required
                 for shipping is
                 contemplated.
                552.238-92................... Vendor Managed Inventory Use only in FSS This clause allows
                 (VMI) Program. solicitations and Contractors that
                 contracts for supplies commercially provide a VMI
                 when a VMI Program is type system to enter into
                 contemplated. similar partnerships with
                 customers under a Blanket
                 Purchase Agreements.
                552.238-93................... Order Acknowledgement... Use only in FSS This clause requires
                 solicitations and Contractors to acknowledge
                 contracts for supplies. orders which state ``Order
                 Acknowledgement Required''
                 within 10 calendar days
                 after receipt to the
                 Ordering Activity placing
                 the order and contain
                 information pertinent to
                 the order, including the
                 anticipated delivery date.
                552.238-94................... Accelerated Delivery Use only in FSS This clause assists with the
                 Requirements. solicitations and request of accelerated
                 contracts for supplies. delivery when the FSS
                 contract delivery period
                 does not meet the bona fide
                 urgent delivery
                 requirements of an Ordering
                 Activity.
                552.238-95................... Separate Charge for Use only in FSS This clause ensures both
                 Performance Oriented solicitations and parties, Contractors and
                 Packaging (POP). contracts for items Ordering Activities, are
                 defined as hazardous aware of a separate charge
                 under Federal Standard for preservation,
                 No. 313. packaging, packing and
                 marking and labeling of
                 domestic and overseas
                 HAZMAT surface shipments.
                552.238-96................... Separate Charge for Use only in FSS This clause ensures both
                 Delivery Within solicitations and parties, Contractors and
                 Consignee's Premises. contracts for supplies Ordering Activities, are
                 when allowing Offerors aware of a separate charges
                 to propose separate for deliveries within the
                 charges for deliveries consignee's premises.
                 within the consignee's
                 premises.
                [[Page 17032]]
                
                552.238-97................... Parts and Service....... Use in all FSS This clause is used to
                 solicitations and ensure that the parts and
                 contracts. services (including the
                 performance of warranty or
                 guarantee service)
                 submitted by Offerors
                 (dealers/distributors) is
                 good for the entire
                 contract period.
                552.238-98................... Clauses for Overseas Use only in FSS This clause ensures all
                 Coverage. solicitations and applicable overseas clauses
                 contracts when overseas are included in the
                 acquisition is solicitation and contract.
                 contemplated.
                 The following clauses and
                 provisions shall also be
                 inserted in full text,
                 when applicable.
                 (a) 52.214-34 Submission
                 of Offers in the English
                 Language.
                 (b) 52.214-35 Submission
                 of Offers in U.S.
                 Currency.
                 (c) 552.238-90
                 Characteristics of
                 Electric Current.
                 (d) 552.238-91 Marking
                 and Documentation
                 Requirements Per
                 Shipment.
                 (e) 552.238-97 Parts and
                 Service.
                 (f) 552.238-99 Delivery
                 Prices Overseas.
                 (g) 552.238-100
                 Transshipments.
                 (h) 552.238-101 Foreign
                 Taxes and Duties.
                 (i) 52.247-34 FOB
                 Destination.
                 (j) 52.247-38 FOB Inland
                 Carrier, Point of
                 Exportation.
                 (k) 52.247-39 FOB Inland
                 Point, Country of
                 Importation.
                552.238-99................... Delivery Prices Overseas Use only in FSS This clause is for use for
                 solicitations and f.o.b. destination in
                 contracts when overseas overseas deliveries to
                 acquisition is ensure that all parties are
                 contemplated. aware of delivery terms.
                552.238-100.................. Transshipments.......... Use in FSS solicitations This clause states the terms
                 and contracts when and conditions for
                 overseas acquisition is transshipments, and
                 contemplated. provides information to
                 Contractors with the
                 necessary Department of
                 Defense forms.
                552.238-101.................. Foreign Taxes and Duties Use only in FSS This clause delineates which
                 solicitations and fees, taxes and other
                 contracts when overseas foreign Governmental costs
                 acquisition is are exempt/non-exempt by
                 contemplated. the U.S. Government.
                552.238-102.................. English Language and Use in all FSS This clause is used to
                 U.S. Dollar solicitations and instruct Contractors that
                 Requirements. contracts. all documents shall be
                 produced in the English
                 language, including, but
                 not limited to, price lists
                 and catalogs.
                552.238-103.................. Electronic Commerce..... Use in all FSS This clause outlines the use
                 solicitations and of electronic commerce/data
                 contracts except the interchange to conduct
                 Department of Veterans contract processes and
                 Affairs Federal Supply procedures.
                 Schedules.
                552.238-104.................. Dissemination of Use in all FSS This clause provides to the
                 Information by solicitations and Contractor the
                 Contractor. contracts. responsibility of
                 distributing Authorized
                 Federal Supply Schedule
                 Price Lists to all
                 authorized sales outlets.
                552.238-105.................. Deliveries Beyond the Use only in FSS This clause allows orders to
                 Contractual Period-- solicitations and be processed if they were
                 Placing of Orders. contracts for supplies. received prior to the
                 expiration of the contract.
                552.238-106.................. Interpretation of Use in all FSS This indicates that only
                 Contract Requirements. solicitations and written clarifications
                 contracts. regarding interpretation of
                 contract clauses may only
                 be made by the Contracting
                 Officer or his/her
                 designated representative.
                552.238-107.................. Export Traffic Release Use in FSS solicitations This clause informs
                 (Supplies). and contracts for Contractors of the
                 supplies, except requirements for exporting
                 vehicles. items under the contract.
                552.238-108.................. Spare Parts Kit......... Use only in FSS This clause ensures
                 solicitations and requirements for spare part
                 contracts for items kits are understood by all
                 requiring spare part parties.
                 kits.
                [[Page 17033]]
                
                552.238-109.................. Authentication Supplies Use in Federal Supply This clause outlines
                 and Services. Schedule 70 requirements for the
                 solicitations only, and Homeland Security
                 only contracts awarded Presidential Directive 12
                 Special Item Numbers (HSPD-12).
                 (SINs) associated with
                 the Homeland Security
                 Presidential Directive
                 12 (HSPD-12).
                552.238-110.................. Commercial Satellite Use only in FSS This clause provides minimum
                 Communication solicitations and requirements for COMSATCOM
                 (COMSATCOM) Services. contracts for COMSATCOM services.
                 services.
                552.238-111.................. Environmental Protection Use only in FSS This clause ensures items in
                 Agency Registration solicitations and FSC Group 68 items
                 Requirement. contracts for supplies (insecticides, etc.) are
                 when items may require properly registered with
                 registration with the EPA.
                 Environmental Protection
                 Agency.
                ----------------------------------------------------------------------------------------------------------------
                 3. Reinstated Clauses and Provisions: Four (4) FSS-specific clauses
                and provisions that were removed from the GSAR as part of a previous
                General Services Administration Acquisition Manual (GSAM) rewrite and
                retained by internal GSA policy are reinstated and given new clause
                numbers. The clauses and provisions are reinstated into GSAR Parts 538
                and 552 in order to ensure consistency and transparency. The four (4)
                reinstated clauses/provisions, prescriptions, and a brief description
                are as follows:
                ----------------------------------------------------------------------------------------------------------------
                 New No. Previous No. Name Prescription Description
                ----------------------------------------------------------------------------------------------------------------
                552.238-75............... 552.212-73 Evaluation--Commerci Use in FSS standing This provision informs
                 al Items (Federal solicitations. Offerors that multiple
                 Supply Schedules). awards for commercial
                 items offered may be
                 made, resulting in a
                 binding contract
                 between parties.
                552.238-84............... 552.232-8 Discounts for Prompt Use in all FSS This clause provides the
                 Payment. solicitations and rules governing early
                 contracts. payment under the FSS
                 contract (and resulting
                 orders).
                552.238-85............... 552.232-83 Contractor's Billing Use in all FSS This clause provides to
                 Responsibilities. solicitations and the Contractor the
                 contracts. requirements of billing
                 responsibilities,
                 particularly those
                 associated with
                 participating dealers.
                552.238-86............... 552.211-78 Delivery Schedule... Use only in FSS This clause provides to
                 solicitations and the Offeror the
                 contracts for requirement to address
                 supplies. normal commercial
                 delivery times in its
                 offer.
                ----------------------------------------------------------------------------------------------------------------
                 4. Revised Existing Clauses and Provisions: Ten (10) existing FSS-
                specific clauses and provisions are updated to reflect current
                references and practices. The ten (10) updated existing clauses/
                provisions and a brief description of the changes are as follows:
                ------------------------------------------------------------------------
                 No. Name Description of change
                ------------------------------------------------------------------------
                552.212-71............. Contract Terms and Updated to remove
                 Conditions Applicable unnecessary clauses
                 to GSA Acquisition and outdated FSS
                 Commercial Items. clauses.
                552.238-73............. Identification of Prescription update to
                 Electronic Office use only in FSS
                 Equipment Providing solicitations for
                 Accessibility for the electronic office
                 Handicapped. equipment.
                552.238-74............. Submission and Prescription updated
                 Distribution of to use in all FSS
                 Authorized Federal solicitations and
                 Supply Schedule (FSS) contracts.
                 Price Lists.
                552.238-75............. Identification of Prescription updated
                 Products that have to use only in FSS
                 Environmental solicitations and
                 Attributes. contracts that
                 contemplate items
                 with environmental
                 attributes.
                552.238-76............. Cancellation........... Prescription updated
                 to use in all FSS
                 solicitations and
                 contracts.
                552.238-77............. Industrial Funding Fee Prescription updated
                 and Sales Reporting. to use in all FSS
                 solicitations and
                 contracts.
                552.238-78............. Price Reductions....... Prescription updated
                 to use in all FSS
                 solicitations and
                 contracts.
                552.238-79............. Scope of Contract Updated to reference
                 (Eligible Ordering the correct payment
                 Activities). clause, FAR 52.232-
                 36, Payment by Third
                 Party.
                552.238-80............. Modifications.......... Prescription updated
                 to use in all FSS
                 solicitations and
                 contracts.
                 (i) Use Alternate I
                 for Federal Supply
                 Schedules that only
                 accept eMod.
                552.238-81............. Examination of Records Relocated and retitled
                 by GSA (Federal Supply from 552.215-71,
                 Schedules). Examination of
                 Records by GSA
                 (Multiple Award
                 Schedule) as this is
                 an FSS-specific
                 clause.
                ------------------------------------------------------------------------
                [[Page 17034]]
                 5. Technical Amendments: Typographical errors are corrected and
                minor administrative changes are made to GSAR parts 538 and 552 (e.g.,
                renumbers existing provisions and clauses, changes ``MAS'' to ``FSS''
                to be more consistent with the FAR).
                A. Summary of Significant Changes From the Proposed Rule
                 Three respondents submitted numerous comments in response to the
                proposed rule. The General Services Administration has reviewed the
                comments in the development of the final rule. A discussion of the
                comments and the changes made to the rule as a result of these comments
                are addressed in the Analysis of Public Comments Section.
                 This final rule makes the following changes from the proposed rule:
                 New Clauses and Provisions: Forty-three (43) new FSS-
                specific clauses and provisions were contemplated in the proposed rule
                for public comment.\2\ The proposed rule published incorrectly stated
                this number as thirty-five (35) and listed forty-five (45) clauses.
                However, 552.238-82 (Proposed Rule), now 552.238-89 (Final Rule),
                Delivery Schedule was incorrectly included in the ``new'' clause list
                rather than the ``reinstated'' clause list. In addition, 552.238-92
                Examination of Records by GSA (Federal Supply Schedules) was
                incorrectly included in the ``new'' clause list rather than the
                ``revised existing'' clause list. So, the correct number was forty-
                three (43) ``new'' FSS-specific clauses in the proposed rule. After
                taking into consideration public comments received from the proposed
                rule, thirty (30) new FSS-specific clauses and provisions are
                incorporated into GSAR parts 538 and 552 in the final rule. The
                following thirteen (13) clauses from the proposed rule are removed from
                the GSAR final rule:
                ---------------------------------------------------------------------------
                 \2\ The proposed rule at 79 FR 54126 notes thirty-five (35) new
                clauses and provisions in the text at Paragraph I.2, but lists
                forty-five (45) new clauses and provisions in the table. One (1) of
                the clauses listed in the proposed rule table, ``Delivery
                Schedule'', was actually previously part of the GSAR and is now
                reinstated; this is now reflected in Paragraph II.3 of the final
                rule. One (1) of the clauses listed in the proposed rule table,
                ``Examination of Records by GSA'', actually existed in the GSAR and
                is moved; this is now reflected in Paragraph II.4 of the final rule.
                [cir] 552.238-85 Significant Changes
                [cir] 552.238-88 Notice: Requests for Explanation or Information and
                Hours of Operation
                [cir] 552.238-91 Authorized Negotiators
                [cir] 552.238-102 Inspection at Destination
                [cir] 552.238-106 Post-Award Samples
                [cir] 552.238-107 Restriction on the Acceptance of Orders
                [cir] 552.238-110 Shipping Points
                [cir] 552.238-111 Contact for Contract Administration
                [cir] 552.238-119 Federal Excise Tax
                [cir] 552.238-120 Guarantee
                [cir] 552.238-122 Imprest Funds
                [cir] 552.238-127 Export Traffic Release (Vehicles)
                [cir] 552.238-128 Carload Shipments
                 Reinstated Clauses and Provisions: Seven (7) FSS-specific
                clauses and provisions were contemplated for reinstatement in the
                proposed rule for public comment. The proposed rule published
                incorrectly identified this number as six (6), because 552.238-82
                (P.R.), now 552.238-90 (F.R.) Delivery Schedule was incorrectly
                included in the list of ``new'' FSS-specific clauses rather than the
                ``reinstated'' clauses. After taking into consideration public comments
                received from the proposed rule, four (4) FSS-specific clauses and
                provisions are reinstated into GSAR parts 538 and 552 in the final
                rule. The following three (3) clauses from the proposed rule are
                removed from the GSAR final rule:
                [cir] 552.238-89 Contractor's Remittance (Payment) Address
                [cir] 552.238-97 Payment by Credit Card
                [cir] 552.238-98 Warranty
                 Revised Existing Clauses and Provisions: Nine (9) existing
                clauses and provisions were contemplated for revision in the proposed
                rule for public comment. The proposed rule published incorrectly
                identified this number as seven (7) clauses. However, GSAR clause
                552.238-94 Examination of Records by GSA (Federal Supply Schedules) was
                incorrectly included in the list of ``new'' FSS-specific clauses rather
                than the ``revised existing'' clauses. In addition, GSAR clause
                552.238-78 Scope of Contract (Eligible Ordering Activities) is revised
                to replace the reference to GSAR clause 552.232-79 Payment by Credit
                Card, which is redundant to FAR clause 52.232-36 Payment by Third
                Party, and is now included in the list of ``revised existing'' clauses.
                So, the correct number is nine (9) ``revised existing'' FSS-specific
                clauses from the proposed rule. After reviewing the public comments and
                reflecting on the content, ten (10) revised existing FSS-specific
                provisions and clauses are incorporated into GSAR parts 538 and 552 in
                the final rule. The following one (1) GSAR clause is added to the GSAR
                final rule because it includes references to GSAR clauses affected by
                this case and is amended to reflect such.
                [cir] 552.212-71 Contract Terms and Conditions Applicable to GSA
                Acquisition of Commercial Items
                B. Analysis of Public Comments
                 GSA received numerous comments from three respondents in response
                to the proposed rule.\3\ All comments filed were considered. A
                discussion of the comments and the changes made to the final rule as a
                result of those comments is provided as follows:
                ---------------------------------------------------------------------------
                 \3\ See GSAR Case 2013-G502; Docket 2014-0009; Sequence 1 [79 FR
                54125 (September 10, 2014)].
                ---------------------------------------------------------------------------
                 The comments received covered several points and topics. In order
                to provide clarification and to better respond to the issues raised,
                the respondents' comments are organized into the following categories:
                (1) General comments regarding the overall rule; (2) Comments on
                specific provisions and clauses in the rule; (3) Comments regarding the
                Paperwork Reduction Act and Regulatory Flexibility Act; and (4)
                Comments outside the scope of the rule.
                1. General Comments
                 The following general comments were received in response to the
                proposed rule:
                 Respondent: There is value in GSA maintaining a system of
                Acquisition and Instruction Letters to the GSAR as this is a mechanism
                to provide transparency.
                 GSA Response: GSA will continue to maintain a system of Acquisition
                Letters and Instructional Letters to supplement the GSAR. However, the
                goal is to implement such policy letters into the GSAM/GSAR for
                transparency and policy guidance. No changes were made to the final
                rule as a result of this comment.
                 Respondent: GSA should initiate a Federal Acquisition Regulation
                (FAR) case to delete all references to ``Federal Supply Schedule
                (FSS)'' and replace with the term ``GSA Multiple Award Schedule (MAS)''
                or ``GSA Schedule.''
                 GSA Response: ``Federal Supply Schedule'' is being incorporated in
                the GSAR to achieve consistency with the FAR, which does not frequently
                use the term ``Multiple Award Schedule (MAS).'' Until MAS is changed in
                the FAR, the GSAR will use the term Federal Supply Schedule.
                 Respondent: GSA has not performed a detailed analysis of nor
                obtained a baseline understanding of how the proposed policies were
                historically administered and implemented across all Schedules and the
                GSA FSS contracting officer community.
                 GSA Response: GSA has performed an in-depth analysis of the clauses
                proposed in this rule and has
                [[Page 17035]]
                determined that the clauses are still used in FSS contracts. Adding
                them to the GSAR increases clarity for FSS contracting officers and
                contractors to understand when each clause should be used. However,
                based on comments received in response to the proposed rule, some
                clauses are revised to address the specific comments related to
                outdated policies. No changes were made to the final rule as a result
                of this comment.
                 Respondent: GSA should reissue the proposed rule, covering only
                clauses currently included in all GSA Schedule contracts and which are
                being incorporated into the GSAR without change.
                 GSA Response: This rule only incorporates clauses currently in use
                by the FSS program through internal agency policy (e.g., acquisition
                letters). With the exception of minor administrative edits, different
                numbers, and slightly different names to improve clarity, the
                substances of the clauses are the same as those currently in FSS
                contracts and are being incorporated into the GSAR without change.
                 Respondent: Additional time should be allocated to interested
                parties to comment on the proposed language, discuss specific issues
                with each of the legacy policies, and the implications on current
                operations.
                 GSA Response: GSA extended the comment period to provide additional
                time for interested parties to provide comments (See 79 FR 64356).
                 Respondent: The respondent requested clarity on the number of new
                FSS-specific clauses currently in FSS solicitations that will be
                incorporated into the GSAR.
                 GSA Response: The final rule incorporates 33 new FSS-specific
                clauses.
                2. Comments on Specific Provisions and Clauses
                GSAR Text Amended as a Result of Public Comments
                 Respondent: The proposed rule adds GSAR clause Evaluation--
                Commercial Items including an alternate.
                 A clause entitled Evaluation--Commercial Items (Multiple Award
                Schedule (552.212-73) has been in the MAS contract since 1997.
                 Alternate I, however, is new and a significant change to the way
                resellers' offers are now evaluated. Further, the provisions of the
                clause are inconsistent with MAS contracting policy and procedures.
                Alternate I is prescribed for use in non-standing Schedules. At a
                minimum the rule should explain what a non-standing schedule is. It is
                not a concept currently in use.
                 GSA Response: Concur. The alternate version of the provision is
                removed from the GSAR text final rule. Additionally, instructions for a
                single-award Federal Supply Schedule which has a beginning and end
                date, and also known as a non-standing solicitation, are included in
                the new GSAR provision Cover Page for Worldwide Federal Supply
                Schedules, which instructs contracting officers to insert a beginning
                and end date for non-standing solicitations.
                 Respondent: GSAR clause Notice Request for Explanations or
                Information and Hours of Operation appears duplicative and/or
                unnecessary. Information for offerors to submit questions is already
                included in the SF 1449.
                 GSA Response: Concur. This clause is duplicative of the Standard
                Form 1449 and is therefore deleted from the GSAR text of the final
                rule.
                 Respondent: What is the purpose of including a unique inspection
                clause, such as the proposed GSAR clause Inspection, in MAS contracts?
                The commercial item clause has an inspection provision and an alternate
                for use in service contracts.
                 GSA Response: Concur. This clause was previously used specifically
                for stock and special order contracts and does not belong in GSAR part
                538. The clause is deleted from the GSAR text final rule.
                 Respondent: The following GSAR clauses are unique to an individual
                procurement. GSA should consider removing them from the GSAR and
                including them in a document or database that is easier to change to
                keep pace with federal and industry changes.
                 A. Post-award Samples prescribes a samples clause applicable only
                to carpet.
                 B. Export Traffic Release (Vehicles) prescribes a clause applicable
                only to vehicles.
                 C. Restriction on the Acceptance of Orders prescribes a clause
                restricting the receipt of orders from Navy ships that is only
                applicable to copiers, supplies and services.
                 D. Federal Excise Taxes prescribes an Excise Tax applicable only to
                tires and tubes.
                 E. Carload Shipments prescribes a clause applicable only in
                contracts for vehicles.
                 GSA Response: Concur. The prescriptions and associated clauses are
                deleted from the GSAR text final rule.
                 Respondent: GSA's proposed clause Contractor's Remittance (Payment)
                Address provision appears to be duplicative or in conflict with FAR
                12.303 which requires the remittance address be addressed in Block 18B
                of SF1449.
                 GSA Response: Concur. This clause is deleted from the GSAR text of
                the final rule.
                 Respondent: Recommend GSA review FAR 32.1108 as it applies to GSA's
                proposed GSAR clause Payment by Credit Card and the ``third party''
                payment clause to ensure the proposed clause is not inconsistent with
                or in conflict with FAR.
                 GSA Response: Concur. The proposed GSAR clause Payment by Credit
                Card is redundant to FAR clause 52.232-36 and is removed from the GSAR
                text final rule. Additionally, GSAR clause Scope of Contract (Eligible
                Ordering Activities) is amended as a result of this comment.
                 Respondent: GSAR clauses Performance Oriented Packaging; Parts and
                Service; and Spare Parts, seem impracticable to negotiate at the
                schedule contract level. GSA should consider deleting these clauses
                from the GSAR or including instructions for implementing the provisions
                at the task order level.
                 GSA Response: Concur. The clauses are maintained at the contract
                level, but are revised to require submission of the required
                information at the task order level. GSAR text is amended as a result
                of this comment.
                 Respondent: GSAR clause Authorized Negotiators appears to be
                duplicative of FAR 52.203-2 provision which is mandatory for all FSS
                contracts. This clause and GSAR clause Contact for Contract
                Administration should use a designated URL to revise POC information
                and feed this information to associated contract systems.
                 GSA Response: Both clauses are removed from the GSAR text final
                rule. The agency will take this suggestion into consideration when
                updating applicable policy in the future.
                 Respondent: Vendors frequently use multiple carriers for shipments.
                It is therefore not feasible to specify a specific carrier at the
                Schedule contract level as required in GSAR clause Shipping Points.
                 GSA Response: Concur. This clause is removed from the GSAR text
                final rule.
                 Respondent: GSA should insert a statement at the end of GSAR clause
                Significant Changes that prior to refreshing a solicitation to
                incorporate significant changes, existing contractors should be given
                no less than 60 days to review and comment or implement the provision.
                 GSA Response: This clause is removed from the GSAR text final rule.
                FAS provides offerors with a 30-day notice when a solicitation is
                amended
                [[Page 17036]]
                from a previous version to a new version.
                 Respondent: The GSAR clause Guarantee is applicable only to major
                appliances. GSA should consider going to standard commercial warranty
                in all MAS schedules as provided for in the proposed Warranty clause
                and FAR clause 52.212-4 Contract Terms and Conditions--Commercial
                Items.
                 GSA Response: Concur. This clause is removed from the GSAR text
                final rule. The standard commercial warranty applies to all FSS
                contracts.
                 Respondent: GSA's proposed clause Warranty appears to be
                duplicative or in conflict with FAR 52.212-4(o) clause. Also, COs are
                required to make a determination (D&F) in the Acquisition Plan IAW FAR
                46.703 prior to including a warranty clause.
                 GSA Response: Concur. This clause is removed from the GSAR text
                final rule. The standard commercial warranty applies to all FSS
                contracts.
                 Respondent: Recommend GSA delete proposed GSAR clause Imprest Funds
                (Petty Cash) since the use of imprest funds are established by
                individual agencies. Also FAR 13.305-3 establishes Conditions for Use
                of Imprest Funds including a limit of $500.
                 GSA Response: Concur. This clause is removed from the GSAR text
                final rule.
                GSAR Text not Amended as a Result of Public Comments
                 Respondent: GSAR clause Evaluation--Commercial Items (Federal
                Supply Schedules) appears to be duplicative and/or in conflict with
                FAR. ``Multiple awards'' and basis of awards are already addressed
                under FAR 52.212-1(g) and (h). Also the phrase ``at the lowest overall
                cost'' implies that there is a head-to-head price competition that is
                not applicable to schedule offers. Also paragraph (b) appears to
                duplicate FAR 52.212-2(c). Withdrawals are addressed under FAR 52.212-
                1.
                 GSA Response: As stated above, Alternate I of GSAR provision
                Evaluation--Commercial Items (Federal Supply Schedules) is deleted from
                the GSAR text of the final rule. However, the purpose of the basic
                provision is not duplicative and does not conflict with the FAR
                provision. The FAR provision the respondent cites, 52.212-1, is
                intended to provide instructions to offerors, whereas GSAR provision
                Evaluation--Commercial Items is intended to supplement FAR provision
                52.212-2.
                 Respondent: Should the proposed GSAR clause Vendor Managed
                Inventory be included in all solicitations? This clause typically
                applies only in Schedule 51V and perhaps Schedule 75.
                 GSA Response: This clause is not prescribed for all solicitations.
                It is only included in solicitations and contracts for supplies when a
                VMI Program is contemplated.
                 Respondent: Delivery prices and terms are a matter of FSS contract
                negotiations, which should be based on a contractor's commercial
                practices. Mandating specific delivery terms and pricing, such as GSAR
                clauses Delivery Prices Overseas and Delivery Prices, will result in
                schedule contractors having to deviate from their standard commercial
                practices. Customization of these terms to meet GSA specific
                requirements could necessitate wholesale changes to contractor shipping
                and delivery processes.
                 GSA Response: GSAR clauses Delivery Prices Overseas and Delivery
                Prices do not state specific delivery terms or pricing. The clauses
                require contractors to notify the Government if they cannot deliver
                within the specified locations agreed to up-front. Also, the clauses
                are essential to FSS contracts and will ensure a consistent basis for
                delivery terms across the FSS program.
                 Respondent: The respondent listed a number of provisions and
                clauses that were not included in the proposed rule, asking if the
                clauses not included in this rule would be deleted entirely or
                published for comments and an IRFA analysis conducted to determine the
                costs and economic impact on small businesses.
                 GSA Response: The absence of existing provisions and clauses in the
                final rule does not necessarily mean they are being deleted from FSS
                solicitations. Any attempt to incorporate new provisions and clauses
                will be addressed in a separate GSAR case and an IRFA analysis will be
                conducted at such time. GSA performed an in-depth analysis of all FSS
                provisions and clauses and after careful consideration decided to only
                include the most-used, non-complex clauses in this GSAR case.
                 Respondent: Is there any plan by FAS to ensure streamlined
                solicitations are in compliance with FAR 12.603 for Commercial Items?
                 GSA Response: This case streamlines the solicitation process and
                ensures the appropriate terms of the FAR commercial items requirements
                are incorporated into FSS solicitations and contracts. Also, FSS
                contracts already include FAR clause 52.212-5 and designate the
                appropriate clauses and provisions.
                 Respondent: There are already FAR provisions/clauses to address
                ``English language'' and U.S. ``dollar'' requirements.
                 GSA Response: The ``English language'' and U.S. ``dollar''
                requirements are included in the instructions for competitive
                acquisitions (FAR clause 52.215-1). FSS uses commercial item
                acquisition instructions (52.212-1) and therefore must specify this
                requirement as a separate clause.
                 Respondent: GSA's proposed GSAR clause Contractor's Billing
                Responsibilities appears to be in conflict with FAR. How are dealers
                permitted to bill ordering activities if payments are tied to the
                contractor's EFT in SAM?
                 GSA Response: The FAR does not currently provide coverage for the
                contractor's relationship with their participating dealers. The terms
                of EFT, as it relates to the SAM registration, are covered by FAR
                clause 52.204-7 and only apply to the prime contractor relationship.
                 Respondent: GSA's proposed clause Deliveries Beyond the Contractual
                Period--Placing of Orders appears to be duplicative or inconsistent
                with FAR 52.216-22(d). The prescription calls for use in all FSS
                solicitations and contracts for supplies. However, the clause itself
                says in accordance with clause Scope of Contract (Eligible Ordering
                Activities) which only applies to ``solicitations and contracts which
                contain products and services determined by the Secretary of Homeland
                Security to facilitate recovery from major disasters, terrorism, or
                nuclear, biological, chemical, or radiological attack.'' So there
                appears to be inconsistency here. Also which products/services has DHS
                determined are approved for used by 'eligible ordering activities''? In
                other words, which solicitations are COs supposed to include the Scope
                of Contract (Eligible Ordering Activities) clause? How or when is that
                determination to be made?
                 GSA Response: GSAR clause Deliveries Beyond the Contractual
                Period--Placing Orders is not inconsistent or duplicative of FAR
                52.216-22(d). This clause supplements the FAR by providing Contracting
                Officers with specific instructions for such situations.
                 Subpart 538.7004 is revised in GSAR case 2010-G511 Purchasing by
                Non-Federal Entities, 81 FR 36425 effective July 6, 2016, to state
                ``The contracting officer shall insert the clause, Scope of Contract
                (Eligible Ordering Activities), in solicitations and contracts for all
                Federal Supply Schedules.''
                 In December 2006, DHS Memo 06-11884, stipulated that all goods and
                services available on GSA Federal Supply Schedules qualified as goods
                [[Page 17037]]
                and services to be used to facilitate recovery from a major disaster
                declared by the President under the Robert T Stafford Disaster Relief
                and Emergency Act, or to facilitate recovery from terrorism or nuclear,
                biological, chemical, or radiological attack. The memo was signed by
                the then Secretary of Homeland Security Michael Chertoff.
                3. Comments on Paperwork Reduction Act and Regulatory Flexibility Act
                 Respondent: Please address several collections of information,
                mandated for submittal in all FSS solicitations, which do not appear to
                be listed in OMB's current Inventory of Approved Information
                Collections on reginfo.gov as part of the IRFA analysis.
                 GSA Response: The IRFA describes the impact of the proposed rule on
                small entities. It does not break the clauses down individually. GSAR
                case 2013-G502, which incorporates a number of provisions and clauses
                currently in use in FSS solicitations and contracts, includes an IRFA
                that took into consideration all of the applicable clauses and
                provisions that may impact small entities. The requirements described
                in this comment are not part of the provisions and clauses on which
                this rule seeks feedback. The collection requirements included in this
                comment are included in OMB Control 3090-0163. No changes were made to
                the rule as a result of this comment.
                 Respondent: The methodology for estimating Paperwork Burdens is
                flawed resulting in a significant underestimation of the burden imposed
                by the rule.
                 GSA Response: GSA has outlined its methodology for calculating the
                burden estimates in the information collection supporting statement.
                Since no specific information on how the methodology is flawed was
                provided, no changes were made to the rule as a result of this comment.
                 Respondent: Clarify what information collection requirements are
                being referred to in GSAR clause Information Collection Requirements
                and comment on whether this provision would be accurate in all FSS
                solicitations as proposed.
                 GSA Response: The information collection associated with this
                clause, OMB control number 3090-0163, is for information specific to a
                contract or contracting action, not required by regulation. The
                supporting statement for this information collection notes it is
                ``associated with GSA's information collection requirements contained
                in solicitations issued in accordance with the Uniform Contract Format
                under FAR Part 14, Sealed Bidding (see GSAR 514.201-1); FAR Part 15,
                Contracting by Negotiation (see GSAR 515.204-1); and solicitations
                under FAR Part 12, Acquisition of Commercial Items, when issued in
                accordance with the policy and procedures of FAR Part 14 and FAR Part
                15 (see GSAR 512.301). This includes information collection
                requirements found in GSA Federal Supply Schedule (FSS)
                solicitations.''
                4. Comments Outside the Scope of the Rule
                 Respondent: There is no GSAR clause that mandates contractors be
                subjected routinely to Contractor Assistance Visits (CAV). I recommend
                GSA create a clause to indicate it is mandatory, conduct the IRFA
                analysis of cost burden and impact on small businesses, and the CAV
                requirements.
                 GSA Response: This suggestion is outside the scope of the current
                rule as this rule focuses on publishing non-complex provisions and
                clauses, updating administrative matters, and restructuring the GSAR to
                be more consistent with the FAR in terms of the FSS program. Contractor
                Assessments are conducted under GSAR clause Examination of Records by
                GSA (Federal Supply Schedules). GSA examines the cost burden and impact
                of CAVs on vendors in the PRA of the GSAR Examination of Records
                clause.
                 Respondent: There are significant clauses covered by the rule that
                should be the subject of a separate rule-making, such as the Price
                Reduction clause. Including such provisions in this massive collection
                of clauses does not offer the opportunity to propose changes in this
                important area.
                 GSA Response: The Price Reductions clause is not being changed as a
                result of this rule. Comments on the substance of this clause are
                considered outside the scope of this rule. No changes were made to the
                rule as a result of this comment.
                 Respondent: The current GSAR does not contain the proposed GSAR
                Clause Discounts for Prompt Payment referenced in the proposed rule.
                The proposed clause should be included for public comment in a
                subsequent rulemaking. The clause appears complicated, and its purpose
                is not clear. Prompt payment discounts should be disclosed in the CSPF.
                Whether the contractor offers them to the government, or the
                contracting officer accepts them, should be subject to negotiation. The
                Government can advise its contracting staff of factors to consider
                without adding another clause to the contract.
                 GSA Response: Clause Discounts for Prompt Payment (Federal Supply
                Schedules) was previously included in the GSAR at 552.232-8. The clause
                is unchanged from the previous version and is now reinstated under
                538.273 and 552.238-84. No changes were made to the rule as a result of
                this comment.
                 Respondent: Proposed GSAR prescription 538.273(d) directs use of
                the clause Submission and Distribution of Authorized Federal Supply
                Schedule (FSS) Price Lists, which requires distribution of a paper
                price list. This is an opportunity for GSA to eliminate a requirement
                in light of the extensive electronic reporting required of contractors.
                 GSA Response: GSAR clause Submission and Distribution of Authorized
                Federal Supply Schedule (FSS) Price Lists is not being revised by this
                rule; therefore, this comment is outside the scope of this case. No
                changes were made to the rule as a result of this comment.
                 Respondent: The text of GSAR clause Cancellation, which ``provides
                instructions to the Offeror on canceling its FSS contracts,'' should be
                corrected to reflect that the clause is intended for use by contractors
                only. Additional text in the clause, which indicates that the
                Government will not reimburse the minimum guarantee if the contractor
                elects to cancel the contract, violates FAR 16.501-2(b)(3) that the
                Government's ``obligation'' in IDIQ contracts is ``to the minimum
                quantity specified in the contract''.
                 GSA Response: The text of the clause questioned is not being
                revised; therefore, the comments are not within the scope of this case.
                However, GSA will take the comments into consideration for potentially
                addressing in a separate case. No changes were made to the rule as a
                result of this comment.
                 Respondent: GSA's Examination of Records by GSA (Federal Supply
                Schedules) clause, appears to be in conflict with FAR 52.212-4
                Alternate I's ``access to records,'' which is limited to service
                contracts and restricts access to timecards to verify labor hours
                charged and, in the case of a cost-reimbursable T&M contract, invoices
                to certify material costs. Also, recommend addressing the ``Report
                Card'' by COs into CPARs and the cost to the Government for the IOAs
                travel to and preparation for visits with contractors.
                 GSA Response: The text of the clause questioned is not being
                revised; therefore, the comments are not within the scope of this case.
                However, GSA will take the comments into consideration for potentially
                addressing in a separate case. No changes were
                [[Page 17038]]
                made to the rule as a result of this comment.
                III. Executive Orders 12866 and 13563
                 Executive Orders (E.O.) 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 is not 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. This rule is not a major rule
                under 5 U.S.C. 804.
                IV. Executive Order 13771
                 This final rule is not subject to E.O. 13771, because this rule is
                not a significant regulatory action under E.O. 12866.
                V. Regulatory Flexibility Act
                 This final rule will not have a significant economic impact on a
                substantial number of small entities within the meaning of the
                Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule
                will incorporate a number of provisions and clauses that are currently
                in use in FSS solicitations and contracts and most contractors are
                familiar with and are currently complying with these practices.
                Although this rule does not have a significant impact on a substantial
                number of small entities, GSA prepared an Initial Regulatory
                Flexibility Analysis (IRFA) in conjunction with the proposed rule. As a
                result, GSA has also prepared a Final Regulatory Flexibility Analysis
                (FRFA) consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et
                seq.
                 The FRFA is summarized as follows:
                 This FRFA has been prepared consistent with the criteria of 5
                U.S.C. 604.
                 There are approximately 14,674 \4\ FSS contracts that are
                affected by this change. Of these, approximately eighty percent
                (11,739) of FSS contracts are held by small businesses. The rule is
                unlikely to affect small businesses awarded GSA FSS contracts as it
                implements a number of provisions and clauses currently in use in
                FSS solicitations and contracts, yet not vetted via public comment.
                The information collected is used by FAS to evaluate vendors'
                offers, ordering activities when placing orders against the
                contract, and other FSS vendors to conduct market research when
                submitting proposals. Therefore, this rule does not pose any new
                projected reporting, recordkeeping, or additional compliance
                requirements. Bringing these regulations into the GSAR consolidates
                all regulations into one area, allowing for any future changes to
                receive public comment.
                ---------------------------------------------------------------------------
                 \4\ FY18 Active Schedule contract holders.
                ---------------------------------------------------------------------------
                 There are a total of 31 Schedules, with 14 possessing an array
                of Special Item Numbers (SINs) set-aside for small businesses.
                Overall, small businesses have benefited from GSA providing access
                to the Federal marketplace via the Pre-award phase (Pathway to
                Success), the Post-award phase (New Contractor Orientation), and
                Contractor Assessments. FSS contracts are negotiated as volume
                purchase agreements, with generally very favorable pricing. The
                ability of small businesses to receive awards under the FSS Program
                has enabled them to grow in the Federal marketplace as well as
                realize significant cost savings.
                 There were no comments filed by the Chief Counsel for Advocacy of
                the Small Business Administration in response to the rule. The
                Regulatory Secretariat will submit a copy of the FRFA to the Chief
                Counsel for Advocacy of the Small Business Administration. A copy of
                the FRFA may be obtained from the Regulatory Secretariat.
                VI. Paperwork Reduction Act
                 The Paperwork Reduction Act (44 U.S.C. chapter 35) applies. The
                rule implements a number of provisions and clauses currently in use in
                FSS solicitations and contracts that contain information collection
                requirements. The requirements are not new, but have not previously
                been approved by OMB. The information collected is used by FAS to
                evaluate vendors' offers, ordering activities when placing orders
                against the contract, and other FSS vendors to conduct market research
                when submitting proposals.
                 The annual total public reporting burden for this collection of
                information is estimated to be 38,674 total hours ($1,819,998.44),
                including the time for reviewing instructions, searching existing data
                sources, gathering and maintaining the data needed, and completing and
                reviewing the collection of information. Annual reporting burdens
                include the estimated respondents with one (1) submission per
                respondent multiplied by preparation hours per response to get the
                total response burden hours. The estimated cost of $47.06 ($34.54 +
                $12.52) per hour is applied to the burden hours based on the task being
                accomplished by mid-level contractor personnel equivalent to a GS-12,
                Step 5 salary (Base Pay and Rest of U.S. Locality Pay) (Salary Table
                2018-GS, Effective January 2018), with fringe of 36.25% (OMB Memo M-08-
                13). The estimated burden to the public for the below clauses are as
                follows:
                 The reinstated GSAR clause 552.238-84 Discounts for Prompt Payment
                requires the offeror to provide the Government a discount for early
                payment, if applicable.
                 Respondents: 14,674.
                 Responses per respondent: 1.
                 Total annual responses: 14,674.
                 Preparation hours per response: 1.0 (1 hr.).
                 Total response burden hours: 14,674.
                 Cost per hour: $47.06
                 Estimated cost burden to the public: $690,558.44
                 The new GSAR clause 552.238-87 Delivery Prices requires the offeror
                to identify the intended geographic area(s)/countries/zones that are to
                be covered.
                 Respondents: 8,000.
                 Responses per respondent: 1.
                 Total annual responses: 8,000.
                 Preparation hours per response: .50 (30 minutes).
                 Total response burden hours: 4,000.
                 Cost per hour: $47.06
                 Estimated cost burden to the public: $188,240.00
                 The new GSAR clause 552.238-95 Separate Charge for Performance
                Oriented Packaging requires the offeror to list any separate charge for
                preservation, packaging, packing and marking, and labeling of domestic
                and overseas HAZMAT surface shipments.
                 Respondents: 8,000.
                 Responses per respondent: 1.
                 Total annual responses: 8,000.
                 Preparation hours per response: .50 (30 minutes).
                 Total response burden hours: 4,000.
                 Cost per hour: $47.06.
                 Estimated cost burden to the public: $188,240.00.
                 The new GSAR clause 552.238-96 Separate Charge for Delivery within
                Consignee's Premises requires the offeror to list any separate cost for
                shipping when the delivery is within the consignee's premises
                (inclusive of items that are comparable in size and weight).
                 Respondents: 8,000.
                 Responses per respondent: 1.
                 Total annual responses: 8,000.
                 Preparation hours per response: .50(30 minutes).
                 Total response burden hours: 4,000.
                 Cost per hour: $47.06.
                 Estimated cost burden to the public: $188,240.00.
                 The new GSAR clause 552.238-97 Parts and Service requires the
                offeror to include in the price list, the names and addresses of all
                supply and service points maintained in the geographic area in which
                the offeror will perform, whether or not a complete stock of repair
                parts for items offered is carried
                [[Page 17039]]
                at that point, and whether or not mechanical service is available.
                 Respondents: 8,000.
                 Responses per respondent: 1.
                 Total annual responses: 8,000.
                 Preparation hours per response: .50 (30 minutes).
                 Total response burden hours: 4,000.
                 Cost per hour: $47.06.
                 Estimated cost burden to the public: $188,240.00.
                 The new GSAR clause 552.238-99 Delivery Prices Overseas requires
                the offeror to identify the intended geographic area(s)/countries/zones
                which are to be covered.
                 Respondents: 8,000.
                 Responses per respondent: 1.
                 Total annual responses: 8,000.
                 Preparation hours per response: .50 (30 minutes).
                 Total response burden hours: 4,000.
                 Cost per hour: $47.06.
                 Estimated cost burden to the public: $188,240.00.
                 The new GSAR clause 552.238-111 Environmental Protection Agency
                Registration Requirement requires the offeror to list the
                manufacturer's and/or distributor's name and EPA Registration Number
                for each item requiring registration with the EPA.
                 Respondents: 8,000.
                 Responses per respondent: 1.
                 Total annual responses: 8,000.
                 Preparation hours per response: .50 (30 minutes).
                 Total response burden hours: 4,000.
                 Cost per hour: $47.06.
                 Estimated cost burden to the public: $188,240.00.
                 The reinstated GSAR clause 552.238-85 Contractor's Billing
                Responsibilities contains a recordkeeping requirement that is subject
                to the Paperwork Reduction Act (44 U.S.C. 3501, et seq.). The clause
                provides for the contractor to require all dealers participating in the
                performance of the contract to agree to maintain certain records on
                sales made under the contract on behalf of the contractor. However, it
                does not add burden to what is already estimated for GSAR clause
                552.238-80 Industrial Funding Fee and Sales Reporting under OMB Control
                Number 3090-0121 Industrial Funding Fee and Sales Reporting.
                 GSA solicited public comments on this information collection
                requirement at the proposed rule stage. In response, three public
                comments were received and are addressed in Section B. Analysis of
                Public Comments. GSA will submit to OMB a request to review and approve
                this new information collection requirement. For a copy of the
                information collection documents, contact the Regulatory Secretariat by
                mail at 1800 F Street NW, Washington, DC 20405, or by phone at 202-501-
                4755. Please cite OMB Control Number 3090-0303, (GSAR) Administrative
                Changes; GSAR Case 2013-G502, in all correspondence.
                List of Subjects in 48 CFR Parts 501, 515, 538, and 552
                 Government procurement.
                Jeffrey Birch,
                Acting Senior Procurement Executive, Office of Acquisition Policy,
                Office of Government-wide Policy.
                 For the reasons described in the preamble, GSA amends 48 CFR parts
                501, 515, 538, and 552 as set forth below:
                0
                1. The authority citation for 48 CFR parts 501, 515, 538, and 552
                continues to read as follows:
                 Authority: 40 U.S.C. 121(c).
                PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION
                SYSTEM
                0
                2. Amend section 501.106 in the table by--
                0
                a. Revising the entry for ``538.273(a)(1)'' to read ``538.273'' and
                revising the OMB control number;
                0
                b. Removing the entries for ``538.273(a)(3)'' and ``538.273(b)(1)'';
                0
                c. Revising the GSAR references ``552.238-70'', ``552.238-72'',
                552.238-74'', and ``552.238-81'' to read ``552.238-73'', ``552.238-
                78'', ``552.238-80'', and ``552.238-82'', respectively;
                0
                d. Adding in numerical sequence entries for ``552.238-84'', ``552.238-
                85'', ``552.238-87'', ``552.238-95'', ``552.238-95'', ``552.238-97'',
                ``552.238-99'', and ``552.238-111''.
                 The revision and additions read as follows:
                501.106 OMB approval under the Paperwork Reduction Act.
                ------------------------------------------------------------------------
                 OMB control
                 GSAR reference No.
                ------------------------------------------------------------------------
                
                 * * * * *
                538.273................................................. 3090-0250
                 3090-0262
                 3090-0121
                 3090-0303
                 3090-0306
                
                 * * * * *
                552.238-73.............................................. 3090-0250
                552.238-78.............................................. 3090-0262
                552.238-80.............................................. 3090-0121
                 3090-0306
                552.238-82.............................................. 3090-0302
                552.238-84.............................................. 3090-0303
                552.238-85.............................................. 3090-0121
                 3090-0306
                552.238-87.............................................. 3090-0303
                552.238-95.............................................. 3090-0303
                552.238-96.............................................. 3090-0303
                552.238-97.............................................. 3090-0303
                552.238-99.............................................. 3090-0303
                552.238-111............................................. 3090-0303
                
                 * * * * *
                ------------------------------------------------------------------------
                PART 515--CONTRACTING BY NEGOTIATION
                515.209-70 [Amended]
                0
                3. Amend section 515.209-70 by removing the subheading ``Clause for
                Multiple Award Schedules'' and paragraphs (c) and (d).
                515.408 [Amended]
                0
                4. Amend section 515.408 by--
                0
                a. Removing from paragraphs (a)(2), (b) introductory text, and (c)
                introductory text ``basic clause 552.238-74'' and adding ``basic clause
                552.238-80'' in its place;
                0
                b. Removing from paragraph (c) Figure 515.4 ``clause at 552.238-75''
                and adding ``clause at 552.238-81'' in its place; and
                0
                c. Removing from paragraph (d) ``basic clause 552.238-74'' and adding
                ``basic clause 552.238-80'' in its place.
                PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING
                0
                5. Amend section 538.270 by revising the section heading to read as
                follows:
                538.270 Evaluation of Federal Supply Schedule (FSS) offers.
                * * * * *
                0
                6. Amend section 538.271 by--
                0
                a. Revising the section heading;
                0
                b. Removing from paragraph (a) ``MAS awards'' and adding ``FSS awards''
                in its place; and
                0
                c. Removing from paragraph (b) ``MAS contract'' and adding ``FSS
                contract'' in its place.
                 The revision reads as follows:
                538.271 FSS contract awards.
                * * * * *
                0
                7. Amend 538.272 by--
                0
                a. Revising the section heading;
                0
                b. Removing from paragraph (a) ``basic clause 552.238-74'' and adding
                ``basic clause 552.238-80'' in its place; and
                0
                c. Removing from paragraph (b) ``Alternate I of 552.238-75'' and adding
                ``Alternate I of 552.238-81'' in its place.
                 The revision reads as follows:
                538.272 FSS price reductions.
                * * * * *
                0
                8. Revise section 538.273 to read as follows:
                [[Page 17040]]
                538.273 FSS solicitation provisions and contract clauses.
                 (a) As prescribed in this paragraph, insert the following
                provisions in the beginning of FSS solicitations:
                 (1) 552.238-70, Cover Page for Worldwide Federal Supply Schedules.
                Use in all FSS solicitations. Use Alternate I for single award Federal
                Supply Schedules.
                 (2) 552.238-71, Notice of Total Small Business Set-Aside. Use in
                FSS solicitations containing special item numbers (SINs) that are set
                aside for small business.
                 (3) 552.238-72, Information Collection Requirements. Use in all FSS
                solicitations.
                 (b) As prescribed in this paragraph, insert the following clause
                and provision as an addendum to 52.212-1, Instructions to Offerors--
                Commercial Items:
                 (1) 552.238-73, Identification of Electronic Office Equipment
                Providing Accessibility for the Handicapped. Use only in FSS
                solicitations for electronic office equipment.
                 (2) 552.238-74, Introduction of New Supplies/Services (INSS). Use
                only in FSS solicitations allowing the introduction of new supplies/
                services. Note: GSA Form 1649, Notification of Federal Supply Schedule
                Improvement, may be required if revising a Special Item Number (SIN).
                 (c) As prescribed in this paragraph, insert the following
                provisions as an addendum to 52.212-2, Evaluation--Commercial Items:
                 (1) 552.238-75, Evaluation--Commercial Items (Federal Supply
                Schedules). Use in FSS standing solicitations.
                 (2) 552.238-76, Use of Non-Government Employees to Review Offers.
                Use only in FSS solicitations when non-government employees may be
                utilized to review solicitation responses.
                 (d) As prescribed in this paragraph, insert the following clauses
                as an addendum to Clause 52.212-4, Contract Terms and Conditions-
                Commercial Items:
                 (1) 552.238-77, Submission and Distribution of Authorized FSS Price
                Lists. Use in all FSS solicitations and contracts.
                 (2) 552.238-78, Identification of Products that have Environmental
                Attributes. Use only in FSS solicitations and contracts that
                contemplate items with environmental attributes.
                 (3) 552.238-79, Cancellation. Use in all FSS solicitations and
                contracts.
                 (4) 552.238-80, Industrial Funding Fee and Sales Reporting. Use
                Alternate I for Federal Supply Schedules with Transactional Data
                Reporting requirements. Clause 552.238-75 Alternate I should also be
                used when vendors agree to include clause 552.238-74 Alternate I in the
                contract.
                 (5) 552.238-81, Price Reductions. Use Alternate I for Federal
                Supply Schedules with Transactional Data Reporting requirements. This
                alternate clause is used when vendors agree to include clause 552.238-
                74 Alternate I in the contract.
                 (6) 552.238-82, Modifications (Federal Supply Schedules). Use in
                all FSS solicitations and contracts.
                 (i) Use Alternate I for Federal Supply Schedules that only accept
                eMod.
                 (ii) Use Alternate II for Federal Supply Schedules with
                Transactional Data Reporting requirements. This alternate clause is
                used when vendors agree to include clause 552.238-74 Alternate I in the
                contract.
                 (7) 552.238-83, Examination of Records by GSA (Federal Supply
                Schedules). Use in all FSS solicitations and contracts. With the Senior
                Procurement's Executive approval, the contracting officer may modify
                this clause to provide for post-award access to and the right to
                examine records to verify that the pre-award/modification pricing,
                sales or other data related to the supplies or services offered under
                the contract which formed the basis for the award/modification was
                accurate, current, and complete. The following procedures apply:
                 (i) Such a modification of the clause must provide for the right of
                access to expire 2 years after award or modification.
                 (ii) Before modifying the clause, the contracting officer must make
                a determination that absent such access there is a likelihood of
                significant harm to the Government and submit it to the Senior
                Procurement Executive for approval.
                 (iii) The determinations under paragraph (9)(ii) must be made on a
                schedule-by-schedule basis.
                 (8) 552.238-84, Discounts for Prompt Payment. Use in all FSS
                solicitations and contracts.
                 (9) 552.238-85, Contractor's Billing Responsibilities. Use in all
                FSS solicitations and contracts.
                 (10) 552.238-86, Delivery Schedule. Use only in FSS solicitations
                and contracts for supplies.
                 (11) 552.238-87, Delivery Prices. Use in all FSS solicitations and
                contracts.
                 (12) 552.238-88, GSA Advantage![supreg]. Use in all FSS
                solicitations and contracts except the Department of Veterans Affairs
                Federal Supply Schedules.
                 (13) 552.238-89, Deliveries to the U.S. Postal Service. Use only in
                FSS solicitations and contracts for mailable articles when delivery to
                a U.S. Postal Service (USPS) facility is contemplated.
                 (14) 552.238-90, Characteristics of Electric Current. Use only in
                FSS solicitations and contracts when the supply of equipment which uses
                electrical current is contemplated.
                 (15) 552.238-91, Marking and Documentation Requirements for
                Shipping. Use only in FSS solicitations and contracts for supplies when
                the need for outlining the minimum information and documentation
                required for shipping is contemplated.
                 (16) 552.238-92, Vendor Managed Inventory (VMI) Program. Use only
                in FSS solicitations and contracts for supplies when a VMI Program is
                contemplated.
                 (17) 552.238-93, Order Acknowledgement. Use only in FSS
                solicitations and contracts for supplies.
                 (18) 552.238-94, Accelerated Delivery Requirements. Use only in FSS
                solicitations and contracts for supplies.
                 (19) 552.238-95, Separate Charge for Performance Oriented Packaging
                (POP). Use only in FSS solicitations and contracts for items defined as
                hazardous under Federal Standard No. 313.
                 (20) 552.238-96, Separate Charge for Delivery within Consignee's
                Premises. Use only in FSS solicitations and contracts for supplies when
                allowing offerors to propose separate charges for deliveries within the
                consignee's premises.
                 (21) 552.238-97, Parts and Service. Use in all FSS solicitations
                and contracts.
                 (22) 552.238-98, Clauses for Overseas Coverage. Use only in FSS
                solicitations and contracts when overseas acquisition is contemplated.
                The following clauses and provisions shall also be inserted in full
                text, when applicable.
                 (i) 52.214-34 Submission of Offers in the English Language.
                 (ii) 52.214-35 Submission of Offers in U.S. Currency.
                 (iii) 552.238-90 Characteristics of Electric Current.
                 (iv) 552.238-91 Marking and Documentation Requirements Per
                Shipment.
                 (v) 552.238-97 Parts and Service.
                 (vi) 552.238-99 Delivery Prices Overseas.
                 (vii) 552.238-100 Transshipments.
                 (viii) 552.238-101 Foreign Taxes and Duties.
                 (ix) 52.247-34 FOB Destination.
                 (x) 52.247-38 FOB Inland Carrier, Country of Exportation.
                 (xi) 52.247-39 FOB Inland Point, Country of Importation.
                [[Page 17041]]
                 (23) 552.238-99, Delivery Prices Overseas. Use only in FSS
                solicitations and contracts when overseas acquisition is contemplated.
                 (24) 552.238-100, Transshipments. Use only in FSS solicitations and
                contracts when overseas acquisition is contemplated.
                 (25) 552.238-101, Foreign Taxes and Duties. Use only in FSS
                solicitations and contracts when overseas acquisition is contemplated.
                 (26) 552.238-102, English Language and U.S. Dollar Requirements.
                Use in all FSS solicitations and contracts.
                 (27) 552.238-103, Electronic Commerce. Use in all FSS solicitations
                and contracts except the Department of Veterans Affairs Federal Supply
                Schedules.
                 (28) 552.238-104, Dissemination of Information by Contractor. Use
                in all FSS solicitations and contracts.
                 (29) 552.238-105, Deliveries Beyond the Contractual Period--Placing
                of Orders. Use only in FSS solicitations and contracts for supplies.
                 (30) 552.238-106, Interpretation of Contract Requirements. Use in
                all FSS solicitations and contracts.
                 (31) 552.238-107, Export Traffic Release (Supplies). Use in FSS
                solicitations and contracts for supplies, except vehicles.
                 (32) 552.238-108, Spare Parts Kit. Use only in FSS solicitations
                and contracts for items requiring spare part kits. This information is
                to be specified at the order level.
                 (33) 552.238-109, Authentication Supplies and Services. Use in
                Federal Supply Schedule 70 solicitations only, and only contracts
                awarded Special Item Numbers (SINs) associated with the Homeland
                Security Presidential Directive 12 (HSPD-12).
                 (34) 552.238-110, Commercial Satellite Communication (COMSATCOM)
                Services. Use only in FSS solicitations and contracts for COMSATCOM
                services.
                 (35) 552.238-111, Environmental Protection Agency Registration
                Requirement. Use only in FSS solicitations and contracts for supplies
                when items may require registration with the Environmental Protection
                Agency.
                538.7001 [Amended]
                0
                9. Amend section 538.7001 by removing from the definition ``Ordering
                activity'' ``(see 552.238-78)'' and adding ``(see 552.238-113)'' in its
                place.
                538.7004 [Amended]
                0
                10. Amend section 538.7004 by--
                0
                a. Removing from paragraph (a) ``the clause at 552.238-77'' and adding
                ``the clause at 552.238-112'' in its place;
                0
                b. Removing from paragraph (b) ``the clause at 552.238-78'' and adding
                ``the clause at 552.238-113'' in its place; and
                0
                c. Removing from paragraph (c) ``the clause at 552.238-79'' and adding
                ``the clause at 552.238-114'' in its place.
                PART 552-SOLICITATION PROVISIONS AND CONTRACT CLAUSES
                0
                11. Amend section 552.212-71 by revising the date of the clause and
                paragraph (b) to read as follows:
                552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition
                of Commercial Items.
                * * * * *
                Contract Terms and Conditions Applicable to GSA Acquisition of
                Commercial Items (May 2019)
                * * * * *
                 (b) Clauses.
                552.203-71 Restriction on Advertising
                552.211-73 Marking
                552.215-70 Examination of Records by GSA
                552.215-72 Price Adjustment-Failure to Provide Accurate Information
                552.219-70 Allocation of Orders-Partially Set-Aside Items
                552.228-70 Workers' Compensation Laws
                552.229-70 Federal, State, and Local Taxes
                552.232-23 Assignment of Claims
                552.232-71 Adjusting Payments
                552.232-72 Final Payment
                552.232-73 Availability of Funds
                552.232-78 Payment Information
                552.237-71 Qualifications of Employees
                552.242-70 Status Report of Orders and Shipments
                552.246-76 Warranty of Pesticides
                * * * * *
                0
                12. Amend section 552.212-72 by revising the date of the clause and
                paragraph (b) to read as follows:
                552.212-72 Contract Terms and Conditions Required To Implement
                Statutes or Executive Orders Applicable to GSA Acquisition of
                Commercial Items.
                * * * * *
                Contract Terms and Conditions Required To Implement Statutes or
                Executive Orders Applicable to GSA Acquisition of Commercial Items (May
                2019)
                * * * * *
                 (b) Clauses.
                _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.
                _552.238-73 Identification of Electronic Office Equipment Providing
                Accessibility for the Handicapped.
                _552.238-78 Identification of Products That Have Environmental
                Attributes.
                * * * * *
                552.215-71 [Removed and Reserved]
                0
                13. Remove and reserve section 552.215-71.
                0
                14. Revise sections 552.238-70 through 552.238-75 to read as follows:
                Sec.
                * * * * *
                552.238-70 Cover Page for Worldwide Federal Supply Schedules.
                552.238-71 Notice of Total Small Business Set-Aside.
                552.238-72 Information Collection Requirements.
                552.238-73 Identification of Electronic Office Equipment Providing
                Accessibility for the Handicapped.
                552.238-74 Introduction of New Supplies/Services (INSS).
                552.238-75 Evaluation--Commercial Items (Federal Supply Schedule).
                * * * * *
                552.238-70 Cover Page for Worldwide Federal Supply Schedules.
                 As prescribed in 538.273(a)(1), insert the following provision:
                Cover Page for Worldwide Federal Supply Schedules (May 2019)
                For All Geographic Areas
                 Solicitation No. [The contracting officer should insert the
                solicitation number here]*__*
                 Federal Supply Schedule Contract for All Geographic Areas [For
                supplies, the Contracting Officer should complete the information
                required by paragraph (a) and delete paragraph (b) in its entirety.
                For services, the Contracting Officer should complete the
                information required by paragraph (b) and delete (a) in its
                entirety. For solicitations containing both supplies and services,
                the Contracting Officer should complete paragraphs (a) and (b).]
                 (a) Federal Supply Classification (FSC) GROUP *__* PART *__*
                SECTION *__*
                 SUPPLY: *__* FSC CLASS(ES)/PRODUCT CODE(S)/NAICS: *__*
                 (b) STANDARD INDUSTRY GROUP: *__* SERVICE: *__* SERVICE CODE(S)/
                NAICS: *__*
                (End of provision)
                 Alternate I (May 2019): As prescribed at 538.273(a)(1)(i), add the
                following paragraph (c) to the basic provision.
                 (c) PERIOD: *__* THROUGH *__*
                552.238-71 Notice of Total Small Business Set-Aside.
                 As prescribed in 538.273(a)(2), insert the following provision:
                Notice of Total Small Business Set-Aside (May 2019)
                 FAR clause 52.219-6, Notice of Total Small Business Set-Aside
                applies to the following:
                [[Page 17042]]
                [The contracting officer should insert the special item numbers
                (SINs) set aside for small businesses] *__*.
                (End of provision)
                552.238-72 Information Collection Requirements.
                 As prescribed in 538.273(a)(3), insert the following provision:
                Information Collection Requirements (May 2019)
                 The information collection requirements contained in this
                solicitation/contract are either required by regulation or approved
                by the Office of Management and Budget pursuant to the Paperwork
                Reduction Act and assigned OMB Control No. 3090-0163.
                (End of provision)
                552.238-73 Identification of Electronic Office Equipment Providing
                Accessibility for the Handicapped.
                 As prescribed in 538.273(b)(1), insert the following clause:
                Identification of Electronic Office Equipment Providing Accessibility
                for the Handicapped (May 2019)
                 (a) Definitions. ``Electronic office equipment accessibility''
                means the application/configuration of electronic office equipment
                (includes hardware, software and firmware) in a manner that
                accommodates the functional limitations of individuals with
                disabilities (i.e., handicapped individuals) so as to promote
                productivity and provide access to work related and/or public
                information resources.
                 ``Handicapped individuals'' mean qualified individuals with
                impairments as cited in 29 CFR 1613.702(f) who can benefit from
                electronic office equipment accessibility.
                 ``Special peripheral'' means a special needs aid that provides
                access to electronic equipment that is otherwise inaccessible to a
                handicapped individual.
                 (b) The offeror is encouraged to identify in its offer, and
                include in any commercial catalogs and pricelists accepted by the
                Contracting Officer, office equipment, including any special
                peripheral, that will facilitate electronic office equipment
                accessibility for handicapped individuals. Identification should
                include the type of disability accommodated and how the users with
                that disability would be helped.
                (End of clause)
                552.238-74 Introduction of New Supplies/Services (INSS).
                 As prescribed in 538.273(b)(2), insert the following provision:
                Introduction of New Supplies/Services (INSS) (May 2019)
                 (a) Definition.
                 Introduction of New Supplies/Services Special Item Number (INSS
                SIN) means a new or improved supply or service--within the scope of
                the Federal Supply Schedule (FSS), but not currently available under
                any Federal Supply Schedule contract--that provides a new service,
                function, task, or attribute that may provide a more economical or
                efficient means for ordering activities to accomplish their
                missions. It may significantly improve an existing supply or
                service. It may be a supply or service existing in the commercial
                market, but not yet introduced to the Federal Government.
                 (b) Offerors are encouraged to introduce new or improved
                supplies or services via INSS SIN at any time by clearly identify
                the INSS SIN item in the offer.
                 (c) The Contracting Officer has the sole discretion to determine
                whether a supply or service will be accepted as an INSS SIN item.
                The Contracting Officer will evaluate and process the offer and may
                perform a technical review. The INSS SIN provides temporary
                placement until the Contracting Officer formally categorizes the new
                supply or service.
                 (d) If the Contractor has an existing schedule contract, the
                Government may, at the sole discretion of the Contracting Officer,
                modify the existing contract to include the INSS SIN item in
                accordance with 552.238-81, Modifications (Federal Supply
                Schedules).
                (End of provision)
                552.238-75 Evaluation--Commercial Items (Federal Supply Schedule).
                 As prescribed in 538.273(c)(1), insert the following provision:
                Evaluation--Commercial Items (Federal Supply Schedule) (May 2019)
                 (a) The Government may make multiple awards for the supplies or
                services offered in response to this solicitation that meet the
                definition of a ``commercial item'' in FAR 52.202 1. Awards may be
                made to those responsible offerors that offer reasonable pricing,
                conforming to the solicitation, and will be most advantageous to the
                Government, taking into consideration the multiplicity and
                complexity of items of various manufacturers and the differences in
                performance required to accomplish or produce required end results,
                production and distribution facilities, price, compliance with
                delivery requirements, and other pertinent factors. By providing a
                selection of comparable supplies or services, ordering activities
                are afforded the opportunity to fulfill their requirements with the
                item(s) that constitute the best value and that meet their needs at
                the lowest overall cost.
                 (b) A written notice of award or acceptance of an offer, mailed
                or otherwise furnished to the offeror within the time for acceptance
                specified in the offer, shall result in a binding contract without
                further action by either party. Before the offer's specified
                expiration time, the Government may accept an offer (or part of an
                offer), whether or not there are negotiations after its receipt,
                unless a written notice of withdrawal is received before award.
                (End of provision)
                0
                15. Add section 552.238.76 to read as follows:
                552.238-76 Use of Non-Government Employees to Review Offers.
                 As prescribed in 538.273(c)(2), insert the following provision:
                Use of Non-Government Employees to Review Offers (May 2019)
                 (a) The Government may employ individual technical consultants/
                advisors/contractors from the below listed organizations to review
                limited portions of the technical, management and price proposals to
                assist the government in both pre-award and post-award functions.
                [The contracting officer should insert a list of organizations used
                to review solicitation responses and execute a non-disclosure and
                organizational conflict of interest statement for all individuals
                conducting reviews.]
                *__*
                 (b) These representatives will be used to advise on specific
                technical, management, and price matters and shall not, under any
                circumstances, be used as voting evaluators. However, the Government
                may consider the advice provided in its evaluation process. In
                addition, Contractor personnel may be used in specific contract
                administration tasks (e.g., administrative filing, review of
                deliverables, etc.).
                 (c) If individual technical consultants/advisors/contractors are
                utilized as described in (b) above, they will be required to execute
                a non-disclosure and organizational conflict of interest statements.
                (End of provision)
                0
                16. Revise sections 552.238-77 through 552.238-79 to read as follows:
                Sec.
                * * * * *
                552.238-77 Submission and Distribution of Authorized Federal Supply
                Schedule (FSS) Price Lists.
                552.238-78 Identification of Products that Have Environmental
                Attributes.
                552.238-79 Cancellation.
                * * * * *
                552.238-77 Submission and Distribution of Authorized Federal Supply
                Schedule (FSS) Price Lists.
                 As prescribed in 538.273(d)(1), insert the following clause:
                Submission and Distribution of Authorized Federal Supply Schedule (FSS)
                Price Lists (May 2019)
                 (a) Definition. For the purposes of this clause, the Mailing
                List is [Contracting officer shall insert either: ``the list of
                addressees provided to the Contractor by the Contracting Officer''
                or ``the Contractor's listing of its Federal Government
                customers''].
                 (b) The Contracting Officer will return one copy of the
                Authorized FSS Schedule Pricelist to the Contractor with the
                notification of contract award.
                 (1) The Contractor shall provide to the GSA Contracting Officer:
                 (i) Two paper copies of Authorized FSS Schedule Pricelist; and
                 (ii) The Authorized FSS Schedule Pricelist on a common-use
                electronic medium. The
                [[Page 17043]]
                Contracting Officer will provide detailed instructions for the
                electronic submission with the award notification. Some structured
                data entry in a prescribed format may be required.
                 (2) The Contractor shall provide to each addressee on the
                mailing list either;
                 (i) One paper copy of the Authorized FSS Schedule Price List; or
                 (ii) A self-addressed, postage-paid envelope or postcard to be
                returned by addressees that want to receive a paper copy of the
                pricelist. The Contractor shall distribute price lists within 20
                calendar days after receipt of returned requests.
                 (3) The Contractor shall advise each addressee of the
                availability of pricelist information through the online Multiple
                Award Schedule electronic data base.
                 (c) The Contractor shall make all of the distributions required
                in this paragraph (c) at least 15 calendar days before the beginning
                of the contract period, or within 30 calendar days after receipt of
                the Contracting Officer's approval for printing, whichever is later.
                 (d) During the period of the contract, the Contractor shall
                provide one copy of its Authorized FSS Schedule Pricelist to any
                authorized schedule user, upon request. Use of the mailing list for
                any other purpose is not authorized.
                (End of clause)
                 Alternate I (May 2019). As prescribed in 538.273(a)(2), substitute
                the following paragraph (a) for paragraph (a) of the basic clause:
                 (a) Definition. For the purposes of this clause, the Mailing
                List is [Contracting officer shall insert either: ``the list of
                addressees provided to the Contractor by the Contracting Officer''
                or ``the Contractor's listing of its ordering activity customers''].
                552.238-78 Identification of Products that Have Environmental
                Attributes.
                 As prescribed in 538.273(d)(2), insert the following clause:
                Identification of Products That Have Environmental Attributes (May
                2019)
                 (a) Several laws, Executive orders, and Agency directives
                require Federal buyers to purchase products that are less harmful to
                the environment, when they are life cycle cost-effective (see FAR
                Subpart 23.7). The U.S. General Services Administration (GSA)
                requires contractors to highlight environmental products under
                Federal Supply Service schedule contracts in various communications
                media (e.g., publications and electronic formats).
                 (b) Definitions. As used in this clause--
                 Energy-efficient product means a product that--
                 (1) Meets Department of Energy and Environmental Protection
                Agency criteria for use of the ENERGY STAR[supreg] trademark label;
                or
                 (2) Is in the upper 25 percent of efficiency for all similar
                products as designated by the Department of Energy's Federal Energy
                Management Program.
                 GSA Advantage! is an on-line shopping mall and ordering system
                that provides customers with access to products and services under
                GSA contracts.
                 Other environmental attributes refers to product characteristics
                that provide environmental benefits, excluding recovered materials
                and energy and water efficiency. Several examples of these
                characteristics are biodegradable, recyclable, reduced pollutants,
                ozone safe, and low volatile organic compounds (VOCs).
                 Post-consumer material means a material or finished product that
                has served its intended use and has been discarded for disposal or
                recovery, having completed its life as a consumer item. Post-
                consumer material is part of the broader category of ``recovered
                material.'' The Environmental Protection Agency (EPA) has developed
                a list of EPA-designated products in their Comprehensive Procurement
                Guidelines (CPGs) to provide Federal agencies with purchasing
                recommendations on specific products in a Recovered Materials
                Advisory Notice (RMAN). The RMAN contains recommended recovered and
                post-consumer material content levels for the specific products
                designated by EPA (40 CFR part 247 and http://www.epa.gov/cpg/).
                 Recovered materials means waste materials and by-products
                recovered or diverted from solid waste, but the term does not
                include those materials and by-products generated from, and commonly
                reused within, an original manufacturing process (Executive Order
                13101 and 42 U.S.C. 6903(19) and http://www.epa.gov/cpg/). For paper
                and paper products, see the definition at FAR 11.301 (42 U.S.C.
                6962(h)).
                 Remanufactured means factory rebuilt to original specifications.
                 Renewable energy means energy produced by solar, wind,
                geothermal, and biomass power.
                 Renewable energy technology means--
                 (1) Technologies that use renewable energy to provide light,
                heat, cooling, or mechanical or electrical energy for use in
                facilities or other activities; or
                 (2) The use of integrated whole-building designs that rely upon
                renewable energy resources, including passive solar design.
                 (c) Identification requirements. (1) The offeror must identify
                products that--
                 (i) Are compliant with the recovered and post-consumer material
                content levels recommended in the Recovered Materials Advisory
                Notices (RMANs) for EPA-designated products in the CPG program
                (http://www.epa.gov/cpg/);
                 (ii) Contain recovered materials that either do not meet the
                recommended levels in the RMANs or are not EPA-designated products
                in the CPG program (see FAR 23.401 and http://www.epa.gov/cpg/);
                 (iii) Are energy-efficient, as defined by either ENERGY
                STAR[supreg] and/or FEMP's designated top 25th percentile levels
                (see ENERGY STAR[supreg] at http://www.energystar.gov/ and FEMP at
                http://www.eere.energy.gov/femp/procurement/);
                 (iv) Are water-efficient;
                 (v) Use renewable energy technology;
                 (vi) Are remanufactured; and
                 (vii) Have other environmental attributes.
                 (2) These identifications must be made in each of the offeror's
                following mediums:
                 (i) The offer itself.
                 (ii) Printed commercial catalogs, brochures, and pricelists.
                 (iii) Online product website.
                 (iv) Electronic data submission for GSA Advantage! submitted via
                GSA's Schedules Input Program (SIP) software or the Electronic Data
                Inter-change (EDI). Offerors can use the SIP or EDI methods to
                indicate environmental and other attributes for each product that
                are translated into respective icons in GSA Advantage!.
                 (d) An offeror, in identifying an item with an environmental
                attribute, must possess evidence or rely on a reasonable basis to
                substantiate the claim (see 16 CFR part 260, Guides for the Use of
                Environmental Marketing Claims). The Government will accept an
                offeror's claim of an item's environmental attribute on the basis
                of--
                 (1) Participation in a Federal agency sponsored program (e.g.,
                the EPA and DOE ENERGY STAR[supreg] product labeling program);
                 (2) Verification by an independent organization that specializes
                in certifying such claims; or
                 (3) Possession of competent and reliable evidence. For any test,
                analysis, research, study, or other evidence to be ``competent and
                reliable,'' it must have been conducted and evaluated in an
                objective manner by persons qualified to do so, using procedures
                generally accepted in the profession to yield accurate and reliable
                results.
                (End of clause)
                552.238-79 Cancellation.
                 As prescribed in 538.273(d)(3), insert the following clause:
                Cancellation (May 2019)
                 Either party may cancel this contract in whole or in part by
                providing written notice. The cancellation will take effect 30
                calendar days after the other party receives the notice of
                cancellation. If the Contractor elects to cancel this contract, the
                Government will not reimburse the minimum guarantee.
                (End of clause)
                0
                17. Add section 552.238-80 to read as follows:
                552.238-80 Industrial Funding Fee and Sales Reporting.
                 As prescribed in 538.273(d)(4) insert the following clause:
                Industrial Funding Fee and Sales Reporting (May 2019)
                 (a) Reporting of Federal Supply Schedule Sales. The Contractor
                shall report all contract sales under this contract as follows:
                 (1) The Contractor shall accurately report the dollar value, in
                U.S. dollars and rounded to the nearest whole dollar, of all sales
                under this contract by calendar quarter (January 1-March 31, April
                1-June 30, July 1-September 30, and October 1-December 31). The
                dollar value of a sale is the price paid by the Schedule user for
                products and services on a Schedule task or delivery order. The
                reported contract sales value shall include the Industrial Funding
                Fee (IFF). The Contractor shall maintain a consistent
                [[Page 17044]]
                accounting method of sales reporting, based on the Contractor's
                established commercial accounting practice. The acceptable points at
                which sales may be reported include--
                 (i) Receipt of order;
                 (ii) Shipment or delivery, as applicable;
                 (iii) Issuance of an invoice; or
                 (iv) Payment.
                 (2) Contract sales shall be reported to Federal Acquisition
                Services (FAS) within 30 calendar days following the completion of
                each reporting quarter. The Contractor shall continue to furnish
                quarterly reports, including ``zero'' sales, through physical
                completion of the last outstanding task order or delivery order of
                the contract.
                 (3) Reportable sales under the contract are those resulting from
                sales of contract items to authorized users unless the purchase was
                conducted pursuant to a separate contracting authority such as a
                Governmentwide Acquisition Contract (GWAC); a separately awarded FAR
                Part 12, FAR Part 13, FAR Part 14, or FAR Part 15 procurement; or a
                non-FAR contract. Sales made to state and local governments under
                Cooperative Purchasing authority shall be counted as reportable
                sales for IFF purposes.
                 (4) The Contractor shall electronically report the quarterly
                dollar value of sales, including ``zero'' sales, by utilizing the
                automated reporting system at an internet website designated by the
                General Services Administration (GSA)'s Federal Acquisition Service
                (FAS). Prior to using this automated system, the Contractor shall
                complete contract registration with the FAS Vendor Support Center
                (VSC). The website address, as well as registration instructions and
                reporting procedures, will be provided at the time of award. The
                Contractor shall report sales separately for each National Stock
                Number (NSN), Special Item Number (SIN), or sub-item.
                 (5) The Contractor shall convert the total value of sales made
                in foreign currency to U.S. dollars using the ``Treasury Reporting
                Rates of Exchange'' issued by the U.S. Department of Treasury,
                Financial Management Service. The Contractor shall use the issue of
                the Treasury report in effect on the last day of the calendar
                quarter. The report is available from Financial Management Service,
                International Funds Branch, Telephone: (202) 874-7994, internet:
                http://www.fiscal.treasury.gov/fsreports/rpt/treasRptRateExch/treasRptRateExch_home.htm.
                 (b) The Contractor shall remit the IFF at the rate set by GSA's
                FAS.
                 (1) The Contractor shall remit the IFF to FAS in U.S. dollars
                within 30 calendar days after the end of the reporting quarter;
                final payment shall be remitted within 30 days after physical
                completion of the last outstanding task order or delivery order of
                the contract.
                 (2) The IFF represents a percentage of the total quarterly sales
                reported. This percentage is set at the discretion of GSA's FAS.
                GSA's FAS has the unilateral right to change the percentage at any
                time, but not more than once per year. FAS will provide reasonable
                notice prior to the effective date of the change. The IFF reimburses
                FAS for the costs of operating the Federal Supply Schedules Program.
                FAS recoups its operating costs from ordering activities as set
                forth in 40 U.S.C. 321: Acquisition Services Fund. Net operating
                revenues generated by the IFF are also applied to fund initiatives
                benefitting other authorized FAS programs, in accordance with 40
                U.S.C. 321. Offerors must include the IFF in their prices. The fee
                is included in the award price(s) and reflected in the total amount
                charged to ordering activities. FAS will post notice of the current
                IFF at https://72a.gsa.gov/ or successor website as appropriate.
                 (c) Within 60 days of award, an FAS representative will provide
                the Contractor with specific written procedural instructions on
                remitting the IFF. FAS reserves the unilateral right to change such
                instructions from time to time, following notification to the
                Contractor.
                 (d) Failure to remit the full amount of the IFF within 30
                calendar days after the end of the applicable reporting period
                constitutes a contract debt to the United States Government under
                the terms of FAR Subpart 32.6. The Government may exercise all
                rights under the Debt Collection Improvement Act of 1996, including
                withholding or setting off payments and interest on the debt (see
                FAR clause 52.232-17, Interest). Should the Contractor fail to
                submit the required sales reports, falsify them, or fail to timely
                pay the IFF, this is sufficient cause for the Government to
                terminate the contract for cause.
                (End of clause)
                 Alternate I (May 2019). As prescribed in 538.273(d)(4), substitute
                the following paragraphs (a), (b), (c), and (d) for paragraphs (a),
                (b), (c), and (d) of the basic clause:
                 (a) Definition. ``Transactional data'' encompasses the
                historical details of the products or services delivered by the
                Contractor during the performance of task or delivery orders issued
                against this contract.
                 (b) Reporting of Transactional Data. The Contractor must report
                all transactional data under this contract as follows:
                 (1) The Contractor must electronically report transactional data
                by utilizing the automated reporting system at an internet website
                designated by the General Services Administration (GSA) or by
                uploading the data according to GSA instructions. GSA will post
                registration instructions and reporting procedures on the Vendor
                Support Center website, https://vsc.gsa.gov. The reporting system
                website address, as well as registration instructions and reporting
                procedures, will be provided at the time of award or inclusion of
                this clause in the contract.
                 (2) The Contractor must provide, at no additional cost to the
                Government, the following transactional data elements, as
                applicable:
                 (i) Contract or Blanket Purchase Agreement (BPA) Number.
                 (ii) Delivery/Task Order Number/Procurement Instrument
                Identifier (PIID).
                 (iii) Non Federal Entity.
                 (iv) Description of Deliverable.
                 (v) Manufacturer Name.
                 (vi) Manufacturer Part Number.
                 (vii) Unit Measure (each, hour, case, lot).
                 (viii) Quantity of Item Sold.
                 (ix) Universal Product Code.
                 (x) Price Paid per Unit.
                 (xi) Total Price.
                 Note to paragraph (b)(2): The Contracting Officer may add data
                elements to the standard elements listed in paragraph (b)(2) of this
                section with the approvals listed in GSAM 507.105(c)(3).
                 (3) The contractor must report transactional data within 30
                calendar days from the last calendar day of the month. If there was
                no contract activity during the month, the Contractor must submit a
                confirmation of no reportable transactional data within 30 calendar
                days of the last calendar day of the month.
                 (4) The Contractor must report the price paid per unit, total
                price, or any other data elements with an associated monetary value
                listed in (b)(2) of this section, in U.S. dollars.
                 (5) The reported price paid per unit and total price must
                include the Industrial Funding Fee (IFF).
                 (6) The Contractor must maintain a consistent accounting method
                of transactional data reporting, based on the Contractor's
                established commercial accounting practice.
                 (7) Reporting Points.
                 (i) The acceptable points at which transactional data may be
                reported include--
                 (A) Issuance of an invoice; or
                 (B) Receipt of payment.
                 (ii) The Contractor must determine whether to report
                transactional data on the basis of invoices issued or payments
                received.
                 (8) The Contractor must continue to furnish reports, including
                confirmation of no transactional data, through physical completion
                of the last outstanding task or delivery order of the contract.
                 (9) Unless otherwise expressly stated by the ordering activity,
                orders that contain classified information or other or information
                that would compromise national security are exempt from this
                reporting requirement.
                 (10) This clause does not exempt the Contractor from fulfilling
                existing reporting requirements contained elsewhere in the contract.
                 (11) GSA reserves the unilateral right to change reporting
                instructions following 60 calendar days' advance notification to the
                Contractor.
                 (c) Industrial Funding Fee (IFF).
                 (1) This contract includes an IFF charged on orders placed
                against this contract. The IFF is paid by the authorized ordering
                activity but remitted to GSA by the Contractor. The IFF reimburses
                GSA for the costs of operating the Federal Supply Schedule program,
                as set forth in 40 U.S.C. 321: Acquisition Services Fund. Net
                operating revenues generated by the IFF are also applied to fund
                initiatives benefitting other authorized GSA programs, in accordance
                with 40 U.S.C. 321.
                 (2) GSA has the unilateral right to change the fee amount at any
                time, but not more than once per year; GSA will provide reasonable
                notice prior to the effective date of any change. GSA will post
                notice of the current
                [[Page 17045]]
                IFF on the Vendor Support Center website at https://vsc.gsa.gov.
                 (3) Offerors must include the IFF in their prices. The fee is
                included in the awarded price(s) and reflected in the total amount
                charged to ordering activities. The fee will not be included in the
                price of non-contract items purchased pursuant to a separate
                contracting authority, such as a Governmentwide Acquisition Contract
                (GWAC); a separately awarded Federal Acquisition Regulation (FAR)
                Part 12, FAR Part 13, FAR Part 14, or FAR Part 15 procurement; or a
                non-FAR contract.
                 (4) The Contractor must remit the IFF to GSA in U.S. dollars
                within 30 calendar days after the last calendar day of the reporting
                quarter; final payment must be remitted within 30 calendar days
                after physical completion of the last outstanding task order or
                delivery order issued against the contract.
                 (5) GSA reserves the unilateral right to change remittance
                instructions following 60 calendar days' advance notification to the
                Contractor.
                 (d) The Contractor's failure to remit the full amount of the IFF
                within 30 calendar days after the end of the applicable reporting
                period constitutes a contract debt to the United States Government
                under the terms of FAR Subpart 32.6. The Government may exercise all
                rights under the Debt Collection Improvement Act of 1996, including
                withholding or offsetting payments and interest on the debt (see FAR
                clause 52.232-17, Interest). If the Contractor fails to submit the
                required transactional data reports, falsifies them, or fails to
                timely pay the IFF, these reasons constitute sufficient cause for
                the Government to terminate the contract for cause.
                0
                18. Revise sections 552.238-81 and 552.238-82 to read as follows:
                552.238-81 Price Reductions.
                 As prescribed in 538.273(d)(5) insert the following clause:
                Price Reductions (May 2019)
                 (a) Before award of a contract, the Contracting Officer and the
                Offeror will agree upon (1) the customer (or category of customers)
                which will be the basis of award, and (2) the Government's price or
                discount relationship to the identified customer (or category of
                customers). This relationship shall be maintained throughout the
                contract period. Any change in the Contractor's commercial pricing
                or discount arrangement applicable to the identified customer (or
                category of customers) which disturbs this relationship shall
                constitute a price reduction.
                 (b) During the contract period, the Contractor shall report to
                the Contracting Officer all price reductions to the customer (or
                category of customers) that was the basis of award. The Contractor's
                report shall include an explanation of the conditions under which
                the reductions were made.
                 (c)(1) A price reduction shall apply to purchases under this
                contract if, after the date negotiations conclude, the Contractor--
                 (i) Revises the commercial catalog, pricelist, schedule or other
                document upon which contract award was predicated to reduce prices;
                 (ii) Grants more favorable discounts or terms and conditions
                than those contained in the commercial catalog, pricelist, schedule
                or other documents upon which contract award was predicated; or
                 (iii) Grants special discounts to the customer (or category of
                customers) that formed the basis of award, and the change disturbs
                the price/discount relationship of the Government to the customer
                (or category of customers) that was the basis of award.
                 (2) The Contractor shall offer the price reduction to the
                eligible ordering activity with the same effective date, and for the
                same time period, as extended to the commercial customer (or
                category of customers).
                 (d) There shall be no price reduction for sales--
                 (1) To commercial customers under firm, fixed-price definite
                quantity contracts with specified delivery in excess of the maximum
                order threshold specified in this contract;
                 (2) To Federal agencies;
                 (3) Made to Eligible Ordering Activities identified in GSAR
                Clause 552.238-113 when the order is placed under this contract (and
                the Eligible Ordering Activities identified in GSAR Clause 552.238-
                113 is the agreed upon customer or category of customer that is the
                basis of award); or
                 (4) Caused by an error in quotation or billing, provided
                adequate documentation is furnished by the Contractor to the
                Contracting Officer.
                 (e) The Contractor may offer the Contracting Officer a voluntary
                Governmentwide price reduction at any time during the contract
                period.
                 (f) The Contractor shall notify the Contracting Officer of any
                price reduction subject to this clause as soon as possible, but not
                later than 15 calendar days after its effective date.
                 (g) The contract will be modified to reflect any price reduction
                which becomes applicable in accordance with this clause.
                (End of clause)
                 Alternate I (May 2019). As prescribed in 538.273(d)(5), substitute
                the following paragraph (a) and (b) for paragraphs (a), (b), (c), (d),
                (e), (f) and (g) of the basic clause:
                 (a) The Government may request from the Contractor, and the
                Contractor may provide to the Government, a temporary or permanent
                price reduction at any time during the contract period.
                 (b) The Contractor may offer the Contracting Officer a voluntary
                price reduction at any time during the contract period.
                552.238-82 Modifications (Federal Supply Schedules).
                 As prescribed in 538.273(d)(6), insert the following clause:
                Modifications (Federal Supply Schedules) (May 2019)
                 (a) General. The Contractor may request a contract modification
                by submitting a request to the Contracting Officer for approval,
                except as noted in paragraph (d) of this clause. At a minimum, every
                request shall describe the proposed change(s) and provide the
                rationale for the requested change(s).
                 (b) Types of modifications--(1) Additional items/additional
                SINs. When requesting additions, the following information must be
                submitted:
                 (i) Information requested in paragraphs (1) and (2) of the
                Commercial Sales Practice Format to add SINs.
                 (ii) Discount information for the new items(s) or new SIN(s).
                Specifically, submit the information requested in paragraphs 3
                through 5 of the Commercial Sales Practice Format. If this
                information is the same as the initial award, a statement to that
                effect may be submitted instead.
                 (iii) Information about the new item(s) or the item(s) under the
                new SIN(s) must be submitted in accordance with the request for
                proposal.
                 (iv) Delivery time(s) for the new item(s) or the item(s) under
                the new SIN(s) must be submitted in accordance with the request for
                proposal.
                 (v) Production point(s) for the new item(s) or the item(s) under
                the new SIN(s) must be submitted if required by FAR 52.215-6, Place
                of Performance.
                 (vi) Hazardous Material information (if applicable) must be
                submitted as required by FAR 52.223-3 (Alternate I), Hazardous
                Material Identification and Material Safety Data.
                 (vii) Any information requested by FAR 52.212-3(f), Offeror
                Representations and Certifications--Commercial Items, that may be
                necessary to assure compliance with FAR 52.225-1, Buy American Act--
                Balance of Payments Programs--Supplies.
                 (2) Deletions. The Contractors shall provide an explanation for
                the deletion. The Government reserves the right to reject any
                subsequent offer of the same item or a substantially equal item at a
                higher price during the same contract period, if the contracting
                officer finds the higher price to be unreasonable when compared with
                the deleted item.
                 (3) Price reduction. The Contractor shall indicate whether the
                price reduction falls under the item (i), (ii), or (iii) of
                paragraph (c)(1) of the Price Reductions clause at 552.238-81. If
                the Price reduction falls under item (i), the Contractor shall
                submit a copy of the dated commercial price list. If the price
                reduction falls under item (ii) or (iii), the Contractor shall
                submit a copy of the applicable price list(s), bulletins or letters
                or customer agreements which outline the effective date, duration,
                terms and conditions of the price reduction.
                 (c) Effective dates. The effective date of any modification is
                the date specified in the modification, except as otherwise provided
                in the Price Reductions clause at 552.238-81.
                 (d) Electronic file updates. The Contractor shall update
                electronic file submissions to reflect all modifications. For
                additional items or SINs, the Contractor shall obtain the
                Contracting Officer's approval before transmitting changes. Contract
                modifications will not be made effective until the Government
                receives the electronic file updates. The Contractor may transmit
                price
                [[Page 17046]]
                reductions, item deletions, and corrections without prior approval.
                However, the Contractor shall notify the Contracting Officer as set
                forth in the Price Reductions clause at 552.238-81.
                 (e) Amendments to paper Federal Supply Schedule Price Lists. (1)
                The Contractor must provide supplements to its paper price lists,
                reflecting the most current changes. The Contractor may either:
                 (i) Distribute a supplemental paper Federal Supply Schedule
                Price List within 15 workdays after the effective date of each
                modification.
                 (ii) Distribute quarterly cumulative supplements. The period
                covered by a cumulative supplement is at the discretion of the
                Contractor, but may not exceed three calendar months from the
                effective date of the earliest modification. For example, if the
                first modification occurs in February, the quarterly supplement must
                cover February-April, and every three month period after. The
                Contractor must distribute each quarterly cumulative supplement
                within 15 workdays from the last day of the calendar quarter.
                 (2) At a minimum, the Contractor shall distribute each
                supplement to those ordering activities that previously received the
                basic document. In addition, the Contractor shall submit two copies
                of each supplement to the Contracting Officer and one copy to the
                FSS Schedule Information Center.
                (End of clause)
                 Alternate I (May 2019). As prescribed in 538.273(d)(6)(i), add the
                following paragraph (f) to the basic clause:
                 (f) Electronic submission of modification requests is mandatory
                via eMod (http://eOffer.gsa.gov), unless otherwise stated in the
                electronic submission standards and requirements at the Vendor
                Support Center website (http://vsc.gsa.gov). If the electronic
                submissions standards and requirements information is updated at the
                Vendor Support Center website, Contractors will be notified prior to
                the effective date of the change.
                 Alternate II (May 2019). As prescribed in 538.273(d)(6)(ii),
                substitute the following paragraph (b) for paragraph (b) of the basic
                clause:
                 (b) Types of Modifications.
                 (1) Additional items/additional SINs. When requesting additions,
                the Contractor must submit the following information:
                 (i) Information about the new item(s) or the item(s) under the
                new SIN(s) must be submitted in accordance with the instructions in
                the solicitation.
                 (ii) Delivery time(s) for the new item(s) or the item(s) under
                the new SIN(s) must be submitted in accordance with the request for
                proposal.
                 (iii) Production point(s) for the new item(s) or the item(s)
                under the new SIN(s) must be submitted if required by FAR 52.215-6,
                Place of Performance.
                 (iv) Hazardous Material information (if applicable) must be
                submitted as required by FAR 52.223-3 (Alternate I), Hazardous
                Material Identification and Material Safety Data.
                 (v) Any information requested by FAR 52.212-3(f), Offeror
                Representations and Certifications--Commercial Items, that may be
                necessary to assure compliance with FAR 52.225-1, Buy American Act--
                Balance of Payments Programs--Supplies.
                 (2) Deletions. The Contractor must provide an explanation for
                the deletion. The Government reserves the right to reject any
                subsequent offer of the same item or a substantially equal item at a
                higher price during the same contract period, if the Contracting
                Officer determines that the higher price is unreasonable compared to
                the price of the deleted item.
                0
                19. Add sections 552.238-83 through 552.238-115 to read as follows:
                 Sec.
                * * * * *
                552.238-83 Examination of Records by GSA (Federal Supply Schedules).
                552.238-84 Discounts for Prompt Payment.
                552.238-85 Contractor's Billing Responsibilities.
                552.238-86 Delivery Schedule.
                552.238-87 Delivery Prices.
                552.238-88 GSA Advantage![supreg].
                552.238-89 Deliveries to the U.S. Postal Service.
                552.238-90 Characteristics of Electric Current.
                552.238-91 Marking and Documentation Requirements for Shipping.
                552.238-92 Vendor Managed Inventory (VMI) Program.
                552.238-93 Order Acknowledgement.
                552.238-94 Accelerated Delivery Requirements.
                552.238-95 Separate Charge for Performance Oriented Packaging (POP).
                552.238-96 Separate Charge for Delivery within Consignee's Premises.
                552.238-97 Parts and Service.
                552.238-98 Clauses for Overseas Coverage.
                552.238-99 Delivery Prices Overseas.
                552.238-100 Transshipments.
                552.238-101 Foreign Taxes and Duties.
                552.238-102 English Language and U.S. Dollar Requirements.
                552.238-103 Electronic Commerce.
                552.238-104 Dissemination of Information by Contractor.
                552.238-105 Deliveries Beyond the Contractual Period--Placing of
                Orders.
                552.238-106 Interpretation of Contract Requirements.
                552.238-107 Export Traffic Release (Supplies).
                552.238-108 Spare Parts Kit.
                552.238-109 Authentication Supplies and Services.
                552.238-110 Commercial Satellite Communication (COMSATCOM) Services.
                552.238-111 Environmental Protection Agency Registration
                Requirement.
                552.238-112 Definition (Federal Supply Schedules)--Non-Federal
                Entity.
                552.238-113 Scope of Contract (Eligible Ordering Activities).
                552.238-114 Use of Federal Supply Schedule Contracts by Non-Federal
                Entities.
                552.238-115 Special Ordering Procedures for the Acquisition of
                Order-Level Materials.
                * * * * *
                552.238-83 Examination of Records by GSA (Federal Supply Schedules).
                 As prescribed in 538.273(d)(7) insert the following clause:
                Examination of Records by GSA (Federal Supply Schedules) (May 2019)
                 The Contractor agrees that the Administrator of General Services
                or any duly authorized representative shall have access to and the
                right to examine any books, documents, papers and records of the
                contractor involving transactions related to this contract for
                overbillings, billing errors, compliance with contract clauses
                552.238-75, Price Reductions and 552.238-74, Industrial Funding Fee
                and Sales Reporting. This authority shall expire 3 years after final
                payment. The basic contract and each option shall be treated as
                separate contracts for purposes of applying this clause.
                (End of clause)
                552.238-84 Discounts for Prompt Payment.
                 As prescribed in 538.273(d)(8), insert the following clause:
                Discounts for Prompt Payment (May 2019)
                 (a) Discounts for early payment (hereinafter referred to as
                ``discounts'' or ``the discount'') will be considered in evaluating
                the relationship of the Offeror's concessions to the Government vis-
                a-vis the Offeror's concessions to its commercial and Federal non-
                schedule customers, but only to the extent indicated in this clause.
                 (b) Discounts will not be considered to determine the low
                Offeror in the situation described in the ``Offers on Identical
                Products'' provision of this solicitation.
                 (c) Uneconomical discounts will not be considered as meeting the
                criteria for award established by the Government. In this
                connection, a discount will be considered uneconomical if the
                annualized rate of return for earning the discount is lower than the
                ``value of funds'' rate established by the Department of the
                Treasury and published quarterly in the Federal Register. The
                ``value of funds'' rate applied will be the rate in effect on the
                date specified for the receipt of offers.
                 (d) Discounts for early payment may be offered either in the
                original offer or on individual invoices submitted under the
                resulting contract. Discounts offered will be taken by the ordering
                activity if payment is made within the discount period specified.
                 (e) Discounts that are included in offers become a part of the
                resulting contracts and are binding on the Contractor for all orders
                placed under the contract. Discounts offered only on individual
                invoices will be binding on the Contractor only for the particular
                invoice on which the discount is offered.
                 (f) In connection with any discount offered for prompt payment,
                time shall be computed from the date of the invoice. For the purpose
                [[Page 17047]]
                of computing the discount earned, payment shall be considered to
                have been made on the date which appears on the payment check or the
                date on which an electronic funds transfer was made.
                (End of clause)
                552.238-85 Contractor's Billing Responsibilities.
                 As prescribed in 538.273(d)(9) insert the following clause:
                Contractor's Billing Responsibilities (May 2019)
                 (a) The Contractor is required to perform all billings made
                pursuant to this contract. However, if the Contractor has dealers
                that participate on the contract and the billing/payment process by
                the Contractor for sales made by the dealer is a significant
                administrative burden, the following alternative procedures may be
                used. Where dealers are allowed by the Contractor to bill ordering
                activities and accept payment in the Contractor's name, the
                Contractor agrees to obtain from all dealers participating in the
                performance of the contract a written agreement, which will require
                dealers to--
                 (1) Comply with the same terms and conditions as the Contractor
                for sales made under the contract;
                 (2) Maintain a system of reporting sales under the contract to
                the manufacturer, which includes--
                 (i) The date of sale;
                 (ii) The ordering activity to which the sale was made;
                 (iii) The service or supply/model sold;
                 (iv) The quantity of each service or supply/model sold;
                 (v) The price at which it was sold, including discounts; and
                 (vi) All other significant sales data.
                 (3) Be subject to audit by the Government, with respect to sales
                made under the contract; and
                 (4) Place orders and accept payments in the name of the
                Contractor in care of the dealer.
                 (b) An agreement between a Contractor and its dealers pursuant
                to this procedure will not establish privity of contract between
                dealers and the Government.
                (End of clause)]
                552.238-86 Delivery Schedule.
                 As prescribed in 538.273(d)(10) insert the following clause:
                Delivery Schedule (May 2019)
                 (a) Time of delivery. The Contractor shall deliver to
                destination within the number of calendar days after receipt of
                order (ARO) in the case of F.O.B. Destination prices; or to place of
                shipment in transit in the case of F.O.B. Origin prices, as set
                forth below. Offerors shall insert in the ``Time of Delivery (days
                ARO)'' column in the schedule of Items a definite number of calendar
                days within which delivery will be made. In no case shall the
                offered delivery time exceed the Contractor's normal business
                practice. The Government requires the Contractor's normal delivery
                time, as long as it is less than the ``stated'' delivery time(s)
                shown below. If the Offeror does not insert a delivery time in the
                schedule of items, the Offeror will be deemed to offer delivery in
                accordance with the Government's stated delivery time, as stated
                below [The contracting officer shall insert the solicited items or
                Special Item Numbers (SIN) as well as a reasonable delivery time
                that corresponds with each item or SIN, if known]:
                
                 Items or group of
                items (special item Government's stated Contractor's
                 no. or delivery time (days delivery time
                 nomenclature) ARO)
                
                *________* *________* *________*
                *________* *________* *________*
                *________* *________* *________*
                
                 (b) Expedited delivery times. For those items that can be
                delivered quicker than the delivery times in paragraph (a) of this
                clause, the Offeror is requested to insert below, a time (hours/days
                ARO) that delivery can be made when expedited delivery is requested.
                
                Items or group of items (special Expedited delivery time (hours/
                 item no. or nomenclature) days ARO)
                
                *________* *________*
                *________*
                *________* *________*
                *________*
                
                 (c) Overnight and 2-Day delivery times. Ordering activities may
                require overnight or 2-day delivery. The Offeror is requested to
                annotate its price list or by separate attachment identify the items
                that can be delivered overnight or within 2 days. Contractors
                offering such delivery services will be required to state in the
                cover sheet to its FSS price list details concerning this service.
                (End of clause)]
                552.238-87 Delivery Prices.
                 As prescribed in 538.273(d)(11), insert the following clause:
                Delivery Prices (May 2019)
                 (a) Prices offered must cover delivery as provided below to
                destinations located within the 48 contiguous States and the
                District of Columbia.
                 (1) Delivery to the door of the specified Government activity by
                freight or express common carriers on articles for which store-door
                delivery is provided, free or subject to a charge, pursuant to
                regularly published tariffs duly filed with the Federal and/or State
                regulatory bodies governing such carrier; or, at the option of the
                Contractor, by parcel post on mailable articles, or by the
                Contractor's vehicle. Where store-door delivery is subject to a
                charge, the Contractor shall place the notation ``Delivery Service
                Requested'' on bills of lading covering such shipments, and pay such
                charge and add the actual cost thereof as a separate item to his
                invoice.
                 (2) Delivery to siding at destinations when specified by the
                ordering office, if delivery is not covered under paragraph (a)(1)
                of this section.
                 (3) Delivery to the freight station nearest destination when
                delivery is not covered under paragraph (a)(1) or (2) of this
                section.
                 (b) The Offeror shall indicate in the offer whether or not
                prices submitted cover delivery f.o.b. destination in Alaska,
                Hawaii, and the Commonwealth of Puerto Rico.
                 (c) When deliveries are made to destinations outside the
                contiguous 48 States; i.e., Alaska, Hawaii, and the Commonwealth of
                Puerto Rico, and are not covered by paragraph (b), above, the
                following conditions will apply:
                 (1) Delivery will be f.o.b. inland carrier, point of exportation
                (FAR 52.247-38), with the transportation charges to be paid by the
                Government from point of exportation to destination in Alaska,
                Hawaii, or the Commonwealth of Puerto Rico, as designated by the
                ordering office. The Contractor shall add the actual cost of
                transportation to destination from the point of exportation in the
                48 contiguous States nearest to the designated destination. Such
                costs will, in all cases, be based upon the lowest regularly
                established rates on file with the Interstate Commerce Commission,
                the U.S. Maritime Commission (if shipped by water), or any State
                regulatory body, or those published by the U.S. Postal Service; and
                must be supported by paid freight or express receipt or by a
                statement of parcel post charges including weight of shipment.
                 (2) The right is reserved to ordering agencies to furnish
                Government bills of lading.
                (End of clause)
                552.238-88 GSA Advantage![supreg].
                 As prescribed in 538.273(d)(12), insert the following clause:
                GSA Advantage![supreg] (May 2019)
                 (a) The Contractor shall participate in the GSA
                Advantage![supreg] online shopping service. Information and
                instructions regarding Contractor participation are contained in
                clause 552.238-111, Electronic Commerce.
                [[Page 17048]]
                 (b) The Contractor shall refer to contract clauses 552.238-71,
                Submission and Distribution of Authorized FSS Price Lists (which
                provides for submission of price lists on a common-use electronic
                medium), and 552.238-81, Modifications (which addresses electronic
                file updates).
                (End of clause)
                552.238-89 Deliveries to the U.S. Postal Service.
                 As prescribed in 538.273(d)(13), insert the following clause:
                Deliveries to the U.S. Postal Service (May 2019)
                 (a) Applicability. This clause applies to orders placed for the
                U.S. Postal Service (USPS) and accepted by the Contractor for the
                delivery of supplies to a USPS facility (consignee).
                 (b) Mode/method of transportation. Unless the Contracting
                Officer grants a waiver of this requirement, any shipment that meets
                the USPS requirements for mailability (i.e., 70 pounds or less,
                combined length and girth not more than 108 inches, etc.) delivery
                shall be accomplished via the use of the USPS. Other commercial
                services shall not be used, but this does not preclude the
                Contractor from making delivery by the use of the Contractor's own
                vehicles.
                 (c) Time of delivery. Notwithstanding the required time for
                delivery to destination as may be specified elsewhere in this
                contract, if shipments under this clause are mailed not later than
                five (5) calendar days before the required delivery date, delivery
                shall be deemed to have been made timely.
                (End of clause)
                552.238-90 Characteristics of Electric Current.
                 As prescribed in 538.273(d)(14), insert the following clause:
                Characteristics of Electric Current (May 2019)
                 Contractors supplying equipment which uses electrical current
                are required to supply equipment suitable for the electrical system
                at the location at which the equipment is to be used as specified on
                the order.
                (End of clause)
                552.238-91 Marking and Documentation Requirements for Shipping.
                 As prescribed in 538.273(d)(15), insert the following clause:
                Marking and Documentation Requirements for Shipping (May 2019)
                 (a) Responsibility. It shall be the responsibility of the
                ordering activity to determine the full marking and documentation
                requirements necessary under the various methods of shipment
                authorized by the contract.
                 (b) Documentation. In the event the ordering activity fails to
                provide the essential information and documentation, the Contractor
                shall, within three days after receipt of order, contact the
                ordering activity and advise them accordingly. The Contractor shall
                not proceed with any shipment requiring transshipment via U.S.
                Government facilities without the prerequisites stated in paragraph
                (c) of this section.
                 (c) Direct shipments. The Contractor shall mark all items
                ordered against this contract with indelible ink, paint or fluid, as
                follows:
                 (1) Traffic Management or Transportation Officer at FINAL
                destination.
                 (2) Ordering Supply Account Number.
                 (3) Account number.
                 (4) Delivery Order or Purchase Order Number.
                 (5) National Stock Number, if applicable; or Contractor's item
                number.
                 (6) Box __of __Boxes.
                 (7) Nomenclature (brief description of items).
                (End of clause)
                552.238-92 Vendor Managed Inventory (VMI) Program.
                 As prescribed in 538.273(d)(16), insert the following clause:
                Vendor Managed Inventory (VMI) Program (May 2019)
                 (a) The term ``Vendor Managed Inventory'' describes a system in
                which the Contractor monitors and maintains specified inventory
                levels for selected items at designated stocking points. VMI enables
                the Contractor to plan production and shipping more efficiently.
                Stocking points benefit from reduced inventory but steady stock
                levels.
                 (b) Contractors that commercially provide a VMI-type system may
                enter into similar partnerships with ordering agencies under a
                Blanket Purchase Agreement.
                (End of clause)
                552.238-93 Order Acknowledgement.
                 As prescribed in 538.273(d)(17), insert the following clause:
                Order Acknowledgement (May 2019)
                 Contractors shall acknowledge only those orders which state
                ``Order Acknowledgement Required.'' These orders shall be
                acknowledged within 10 calendar days after receipt. Such
                acknowledgement shall be sent to the ordering activity placing the
                order and contain information pertinent to the order, including the
                anticipated delivery date.
                (End of clause)
                552.238-94 Accelerated Delivery Requirements.
                 As prescribed in 538.273(d)(18), insert the following clause:
                Accelerated Delivery Requirements (May 2019)
                 When the Federal Supply Schedule contract delivery period does
                not meet the bona fide urgent delivery requirements of an ordering
                activity, the ordering activity is encouraged, if time permits, to
                contact the Contractor for the purpose of obtaining accelerated
                delivery. The Contractor shall reply to the inquiry within three (3)
                business days after receipt. (Telephonic replies shall be confirmed
                by the Contractor in writing.) If the Contractor offers an
                accelerated delivery time acceptable to the ordering activity, any
                order(s) placed pursuant to the agreed upon accelerated delivery
                time frame shall be delivered within this shorter delivery time and
                in accordance with all other terms and conditions of the contract.
                (End of clause)
                552.238-95 Separate Charge for Performance Oriented Packaging (POP).
                 As prescribed in 538.273(d)(19), insert the following clause:
                Separate Charge for Performance Oriented Packaging (POP) (May 2019)
                 (a) Offerors are requested to list the hazardous material item
                to which the separate charge applies in the spaces provided in this
                paragraph or on a separate attachment. The final price shall be
                quoted separately at the order level and, if considered reasonable,
                will be accepted as part of the order.
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                 ITEMS
                ------------------------------------------------------------------------
                SINS or Descriptive Name of Articles (as Charge for Performance
                 appropriate). Oriented
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                 (b) Ordering activities will not be obligated to utilize the
                Contractor's services for Performance Oriented Packaging, and they
                may obtain such services elsewhere if desired. However, the
                Contractor shall provide items in Performance Oriented Packaging
                when such packing is specified on the delivery order. The
                Contractor's contract price and the charge for Performance Oriented
                Packaging will be shown as separate entries on the delivery order.
                (End of clause)
                552.238-96 Separate Charge for Delivery within Consignee's Premises.
                 As prescribed in 538.273(d)(20), insert the following clause:
                Separate Charge for Delivery within Consignee's Premises (May 2019)
                 (a) Offerors are requested to insert, in the spaces provided
                below or by attachment hereto, a separate charge for ``Delivery
                Within Consignee's Premises'' applicable to each shipping container
                to be shipped. (Articles which are comparable in size and weight,
                and for which the same charge is applicable, should be grouped under
                an appropriate item description.) These additional charges will be
                accepted as part of the award, if considered reasonable, and shall
                be included in the Contractor's published catalog and/or price list.
                 (b) Ordering activities are not obligated to issue orders on the
                basis of ``Delivery Within Consignee's Premises,'' and Contractors
                may refuse delivery on that basis provided such refusal is
                communicated in writing to the ordering activity issuing such orders
                within 5 days of the receipt of such order by the
                [[Page 17049]]
                Contractor and provided further, that delivery is made in accordance
                with the other delivery requirements of the contract. Failure of the
                Contractor to submit this notification within the time specified
                shall constitute acceptance to furnish ``Delivery Within Consignee's
                Premises'' at the additional charge awarded. When an ordering
                activity issues an order on the basis of ``Delivery Within
                Consignee's Premises'' at the accepted additional charge awarded and
                the Contractor accepts such orders on that basis, the Contractor
                will be obligated to provide delivery ``F.o.b. Destination, Within
                Consignee's Premises'' in accordance with FAR 52.247-35, which is
                then incorporated by reference, with the exception that an
                additional charge as provided herein is allowed for such services.
                Unless otherwise stipulated by the Offeror, the additional charges
                awarded hereunder may be applied to any delivery within the 48
                contiguous States and the District of Columbia.
                 (c) When exercising their option to issue orders on the basis of
                delivery service as provided herein, ordering activities will
                specify ``Delivery Within Consignee's Premises'' on the order, and
                will indicate the exact location to which delivery is to be made.
                The Contractor's delivery price and the additional charge(s) for
                ``Delivery Within Consignee's Premises'' will be shown as separate
                entries on the order.
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                 ITEMS
                ------------------------------------------------------------------------
                (NSNs or Special Item Numbers or Additional Charge (Per
                 Descriptive Name of Articles). shipping container) FOR
                 ``DELIVERY WITHIN
                 CONSIGNEE'S PREMISES''
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                (End of clause)
                552.238-97 Parts and Service.
                 As prescribed in 538.273(d)(21), insert the following clause:
                Parts and Service (May 2019)
                 (a) For equipment under items listed in the schedule of items or
                services on which offers are submitted, the Contractor represents by
                submission of this offer that parts and services (including the
                performing of warranty or guarantee service) are now available from
                dealers or distributors serving the areas of ultimate overseas
                destination or that such facilities will be established and will be
                maintained throughout the contract period. If a new servicing
                facility is to be established, the facility shall be established no
                later than the beginning of the contract period.
                 (b) Each Contractor shall be fully responsible for the services
                to be performed by the named servicing facilities, or by such
                facilities to be established, and fully guarantees performance of
                such services if the original service proves unsatisfactory.
                 (c) Contractors are requested to provide the Ordering Activity,
                the names and addresses of all supply and service points maintained
                in the geographic area in which the Contractor will perform. Please
                indicate opposite each point whether or not a complete stock of
                repair parts for items offered is carried at that point, and whether
                or not mechanical service is available.
                (End of clause)
                552.238-98 Clauses for Overseas Coverage.
                 As prescribed in 538.273(d)(22), insert the following clause:
                Clauses for Overseas Coverage (May 2019)
                 The following clauses apply to overseas coverage.
                (a) 52.214-34 Submission of Offers in the English Language
                (b) 52.214-35 Submission of Offers in U.S. Currency
                (c) 552.238-90 Characteristics of Electric Current
                (d) 552.238-91 Marking and Documentation Requirements Per Shipment
                (e) 552.238-97 Parts and Service
                (f) 552.238-99 Delivery Prices Overseas
                (g) 552.238-100 Transshipments
                (h) 552.238-101 Foreign Taxes and Duties
                (i) 52.247-34 FOB Destination
                (j) 52.247-38 FOB Inland Carrier, Point of Exportation
                (k) 52.247-39 FOB Inland Point, Country of Importation
                (End of clause)
                552.238-99 Delivery Prices Overseas.
                 As prescribed in 538.273(d)(23), insert the following clause:
                Delivery Prices Overseas (May 2019)
                 (a) Prices offered must cover delivery to destinations as
                provided as follows:
                 (1) Direct delivery to consignee. F.O.B. Inland Point, Country
                of Importation (FAR 52.247-39). (Offeror should indicate countries
                where direct delivery will be provided.)
                 (2) Delivery to overseas assembly point for transshipment when
                specified by the ordering activity, if delivery is not covered under
                paragraph (1), above.
                 (3) Delivery to the overseas port of entry when delivery is not
                covered under paragraph (a)(1) or (2) of this section.
                 (b) Geographic area(s)/countries/zones which are intended to be
                covered must be identified in the offer.
                (End of clause)
                552.238-100 Transshipments.
                 As prescribed in 538.273(d)(24), insert the following clause:
                Transshipments (May 2019)
                 (a) The Contractor shall complete two (2) DD Forms 1387,
                Military Shipment Labels and, if applicable, four copies of DD Form
                1387-2, Special Handling/Data Certification--used when shipping
                chemicals, dangerous cargo, etc.
                 (1) Two copies of the DD Form 1387 will be attached to each
                shipping container delivered to the port Transportation Officer for
                subsequent transshipment by the Government as otherwise provided for
                under the terms of this contract.
                 (2) These forms will be attached to one end and one side, not on
                the top or bottom, of the container.
                 (3) The Contractor will complete the bottom line of these forms,
                which pertains to the number of pieces, weight and cube of each
                piece, using U.S. weight and cubic measures. Weights will be rounded
                off to the nearest pound. (One kg = 2.2 U.S. pounds; one cubic meter
                = 35.3156 cubic feet.)
                 (b) In addition, if the cargo consists of chemicals, or is
                dangerous, one copy of the DD Form 1387-2 will be attached to the
                container, and three copies will be furnished to the Transportation
                Officer with the Bill of Lading.
                 (c) Dangerous cargo will not be intermingled with non-dangerous
                cargo in the same container.
                 (d) Copies of the above forms and preparation instructions will
                be obtained from the ordering activity issuing the Delivery Order.
                Reproduced copies of the forms are acceptable.
                 (e) Failure to include DD Form 1387, and DD Form 1387-2, if
                applicable, on each shipping container will result in rejection of
                shipment by the port Transportation Officer.
                (End of clause)
                552.238-101 Foreign Taxes and Duties.
                 As prescribed in 538.273(d)(25), insert the following clause:
                Foreign Taxes and Duties (May 2019)
                 Prices offered must be net, delivered, f.o.b. to the
                destinations accepted by the Government.
                 (a) The Contractor warrants that such prices do not include any
                tax, duty, customs fees, or other foreign Governmental costs,
                assessments, or similar charges from which the U.S. Government is
                exempt.
                 (b) Standard commercial export packaging, including
                containerization, if necessary, packaging, preservation, and/or
                marking are included in the pricing offered and accepted by the
                Government.
                (End of clause)
                552.238-102 English Language and U.S. Dollar Requirements.
                 As prescribed in 538.273(d)(26), insert the following clause:
                English Language and U.S. Dollar Requirements (May 2019)
                 (a) All documents produced by the Contractor to fulfill
                requirements of this contract including, but not limited to, Federal
                Supply Schedule catalogs and price lists, must reflect all terms and
                conditions in the English language.
                 (b) U.S. dollar equivalency, if applicable, will be based on the
                rates published in the ``Treasury Reporting Rates of Exchange'' in
                effect as of the date of the agency's purchase order or in effect
                during the time period specified elsewhere in this contract.
                (End of clause)
                [[Page 17050]]
                552.238-103 Electronic Commerce.
                 As prescribed in 538.273(d)(27), insert the following clause:
                Electronic Commerce (May 2019)
                 (a) General background. The Federal Acquisition Streamlining Act
                (FASA) of 1994 requires the Government to evolve its acquisition
                process from one driven by paper to an expedited process based on
                electronic commerce/electronic data interchange (EC/EDI). EC/EDI
                encompasses more than merely automating manual processes and
                eliminating paper transactions. EC/EDI improves business processes
                (e.g. procurement, finance, logistics) into a fully electronic
                environment and fundamentally changes the way organizations operate.
                 (b) Trading partners and Value-Added Networks (VAN's).
                 (1) Within the electronic commerce architecture, electronic
                documents (e.g., orders, invoices, etc.) are carried between the
                Federal Government's procuring office and Contractors (now known as
                ``trading partners''). These transactions are carried by commercial
                telecommunications companies called Value-Added Networks (VAN's).
                 (2) EDI can be performed using commercially available hardware,
                software, and telecommunications. The selection of a VAN is a
                business decision Contractors must make. There are many different
                VAN's which provide a variety of electronic services and different
                pricing strategies. If the VAN only provides communications
                services, you may also need a software translation package.
                 (c) Registration instructions. To perform EDI with the
                Government, Contractors shall register as a trading partner.
                Contractors will provide regular business information, banking
                information, and EDI capabilities to all agencies in this single
                registration. A central repository of all trading partners is the
                Systems for Award Management (SAM) http://www.sam.gov. Contractors
                shall follow the instructions on the SAM website regarding how to
                register for EDI.
                 (d) Implementation conventions. All EDI transactions must comply
                with the Federal Implementation Conventions (ICs). The ICs are
                available on a registry maintained by the National Institute of
                Standards and Technology (NIST). It is accessible via the INTERNET
                at http://www.nist.gov/itl. ICs are available for common business
                documents such as Purchase Order, Price Sales Catalog, Invoice,
                Request for Quotes, etc.
                 (e) Additional information. GSA has additional information
                available for Contractors who are interested in using EC/EDI on its
                website, www.gsa.gov.
                 (f) GSA Advantage![supreg]. (1) GSA Advantage![supreg] uses
                electronic commerce to receive catalogs, invoices and text messages;
                and to send purchase orders, application advice, and functional
                acknowledgments. GSA Advantage![supreg] enables customers to:
                 (i) Perform database searches across all contracts by
                manufacturer; manufacturer's model/part number; Contractor; and
                generic supply categories.
                 (ii) Generate EDI delivery orders to Contractors, generate EDI
                delivery orders from the Federal Supply Service to Contractors, or
                download files to create their own delivery orders.
                 (iii) Use the credit card.
                 (2) GSA Advantage![supreg] may be accessed via the GSA Home
                Page. The internet address is: http://www.gsa.gov.
                (End of clause)
                552.238-104 Dissemination of Information by Contractor.
                 As prescribed in 538.273(d)(28), insert the following clause:
                Dissemination of Information by Contractor (May 2019)
                 The Government will provide the Contractor with a single copy of
                the resulting Federal Supply Schedule contract award documents.
                However, it is the responsibility of the Contractor to furnish all
                sales outlets authorized to participate in the performance of the
                contract with the terms, conditions, pricing schedule, and other
                appropriate information.
                (End of clause)
                552.238-105 Deliveries Beyond the Contractual Period--Placing of
                Orders.
                 As prescribed in 538.273(d)(29), insert the following clause:
                Deliveries Beyond the Contractual Period--Placing of Orders (May 2019)
                 In accordance with Clause 552.238-78, Scope of Contract
                (Eligible Ordering Activities), this contract covers all
                requirements that may be ordered, as distinguished from delivered
                during the contract term. This is for the purpose of providing
                continuity of supply or operations by permitting ordering activities
                to place orders as requirements arise in the normal course of
                operations. Accordingly, any order mailed (or received, if forwarded
                by other means than through the mail) to the Contractor on or before
                the expiration date of the contract, and providing for delivery
                within the number of days specified in the contract, shall
                constitute a valid order.
                (End of clause)
                552.238-106 Interpretation of Contract Requirements.
                 As prescribed in 538.273(d)(30), insert the following clause:
                Interpretation of Contract Requirements (May 2019)
                 No interpretation of any provision of this contract, including
                applicable specifications, shall be binding on the Government unless
                furnished or agreed to in writing by the Contracting Officer or his
                designated representative.
                (End of clause)
                552.238-107 Export Traffic Release (Supplies).
                 As prescribed in 538.273(d)(31), insert the following clause:
                Export Traffic Release (Supplies) (May 2019)
                 Supplies ordered by GSA for export will not be shipped by the
                Contractor until shipping instructions are received from GSA. To
                obtain shipping instructions, the Contractor shall forward completed
                copies of GSA Form 1611, Application for Shipping Instructions and
                Notice of Availability, to the GSA office designated on the purchase
                order at least 15 days prior to the anticipated shipping date.
                Copies of GSA Form 1611 will be furnished to the Contractor with the
                purchase order. Failure to comply with this requirement could result
                in nonacceptance of the material by authorities at the port of
                exportation. When supplies for export are ordered by other
                Government agencies the Contractor should obtain shipping
                instructions from the ordering agency.
                (End of clause)
                552.238-108 Spare Parts Kit.
                 As prescribed in 538.273(d)(32), insert the following clause:
                Spare Parts Kit (May 2019)
                 (a) The Contractor will be required to offer a spare parts kit
                conforming, generally, to the following requirements for each item
                awarded under this solicitation: [The Ordering Activity contracting
                officer should insert the specifications for a spare parts kit
                specific to the solicited items.]
                 (b) The Contractor shall furnish prices for spare parts kits as
                follows:
                 (i) Price of kit unpackaged.
                 (ii) Price of kit in domestic pack.
                 (iii) Price of kit in wooden case, steel-strapped.
                 (c) The Contractor will be required to furnish a complete
                description of spare parts kit offered, a list of parts included,
                and the price of the kit delivered f.o.b. destination to any point
                within the conterminous United States within 15 days after receipt
                of a request from the Ordering Activity Contracting Officer. If the
                kit offered is acceptable to the Ordering Activity, awards covering
                requirements will be made by supplemental agreement to this
                contract.
                (End of clause)
                552.238-109 Authentication Supplies and Services.
                 As prescribed in 538.273(d)(33), insert the following clause:
                Authentication Supplies and Services (May 2019)
                 (a) General background. (1) The General Services Administration
                (GSA) established the ``Identity and Access Management Services''
                (IAMS) Program to clearly define the kinds of digital certificates
                and PKI services that meet the requirements for service providers
                and supplies that support FISMA-compliant IAM systems deployed by
                Federal agencies.
                 (2) Homeland Security Presidential Directive 12 (HSPD-12),
                ``Policy for a Common Identification Standard for Federal Employees
                and Contractors'' establishes the requirement for a mandatory
                Government-wide standard for secure and reliable forms of
                identification issued by the Federal Government to its employees and
                Contractor employees assigned to Government contracts in order to
                enhance security, increase Government efficiency, reduce identity
                fraud, and protect personal privacy. Further, the
                [[Page 17051]]
                Directive requires the Department of Commerce to promulgate a
                Federal standard for secure and reliable forms of identification
                within six months of the date of the Directive. As a result, the
                National Institute of Standards and Technology (NIST) released
                Federal Information Processing Standard (FIPS) 201-2: Personal
                Identity Verification of Federal Employees and Contractors August
                2013. FIPS 201-2 requires that the digital certificates incorporated
                into the Personal Identity Verification (PIV) identity credentials
                comply with the X.509 Certificate Policy for the U.S. Federal PKI
                Common Policy Framework. In addition, FIPS 201-2 requires that
                Federal identity badges referred to as PIV credentials, issued to
                Federal employees and Contractors comply with the Standard and
                associated NIST Special Publications 800-73, 800-76, 800-78, and
                800-79.
                 (b) Special item numbers. GSA has established the e-
                Authentication Initiative (see URL: http://www.idmanagement.gov) to
                provide common infrastructure for the authentication of the public
                and internal Federal users for logical access to Federal e-
                Government applications and electronic services. To support the
                government-wide implementation of HSPD-12 and the Federal e-
                Authentication Initiative, GSA has established Special Item Numbers
                (SINs) pertaining to Authentication Products and Services, including
                Electronic Credentials, Digital Certificates, eAuthentication,
                Identify and Access Management, PKI Shared Service Providers, and
                HSPD-12 Product and Service Components.
                 (c) Qualification information. (1) All Authentication supplies
                and services must be qualified as being compliant with Government-
                wide requirements before they will be included on a GSA Information
                Technology (IT) Schedule contract. The Qualification Requirements
                and associated evaluation procedures against the Qualification
                Requirements for each SIN and the specific Qualification
                Requirements for HSPD-12 implementation components are presented at
                the following URL: http://www.idmanagement.gov.
                 (2) In addition, the National Institute of Standards and
                Technology (NIST) has established the NIST Personal Identity
                Verification Program (NPIVP) to evaluate integrated circuit chip
                cards and supplies against conformance requirements contained in
                FIPS 201. GSA has established the FIPS 201Evaluation Program to
                evaluate other supplies needed for agency implementation of HSPD-12
                requirements where normative requirements are specified in FIPS 201
                and to perform card and reader interface testing for
                interoperability. Products that are approved as FIPS-201 compliant
                through these evaluation and testing programs may be offered
                directly through HSPD-12 Supplies and Services Components SIN under
                the category ``Approved FIPS 201-Compliant Products and services.
                 (d) Qualification requirements. Offerors proposing
                Authentication supplies and services under the established SINs are
                required to provide the following:
                 (1) Proposed items must be determined to be compliant with
                Federal requirements for that SIN. Qualification Requirements and
                procedures for the evaluation of supplies and services are posted at
                the URL: http://www.idmanagement.gov. GSA will follow these
                procedures in qualifying offeror's supplies and services against the
                Qualification Requirements for applicable to SIN. Offerors must
                submit all documentation certification letter(s) for Authentication
                Supplies and Services offerings at the same time as submission of
                proposal. Award will be dependent upon receipt of official
                documentation from the Acquisition Program Management Office (APMO)
                listed below verifying satisfactory qualification against the
                Qualification Requirements of the proposed SIN(s).
                 (2) After award, Contractor agrees that certified supplies and
                services will not be offered under any other SIN on any Federal
                Supply Schedule
                 (3)(i) If the Contractor changes the supplies or services
                previously qualified, GSA may require the Contractor to resubmit the
                supplies or services for re-qualification.
                 (ii) If the Federal Government changes the qualification
                requirements or standards, Contractor must resubmit the supplies and
                services for re-qualification.
                 (4) Immediately prior to making an award, Contracting Officers
                MUST consult the following website to ensure that the supplies and/
                or services recommended for award under any Authentication Supplies
                and Services SINs are in compliance with the latest APL
                qualification standards: www.idmanagement.gov. A dated copy of the
                applicable page should be made and included with the award
                documents.
                 (e) Demonstrating conformance. (1) The Federal Government has
                established Qualification Requirements for demonstrating conformance
                with the Standards. The following websites provide additional
                information regarding the evaluation and qualification processes:
                 (i) For Identify and Access Management Services (IAMS) and PKI
                Shared Service Provider (SSP) Qualification Requirements and
                evaluation procedures: http://www.idmanagement.gov;
                 (ii) For HSPD-12 Product and Service Components Qualification
                Requirements and evaluation procedures: http://www.idmanagement.gov;
                 (iii) For FIPS 201 evaluation program testing and certification
                procedures: https://www.idmanagement.gov/fips201/.
                 (f) Acquisition Program Management Office (APMO). GSA has
                established the APMO to provide centralized technical oversight and
                management regarding the qualification process to industry partners
                and Federal agencies. Contact the following APMO for information on
                the eAuthentication Qualification process. Technical, APMO, FIPS
                201, and HSPD-12 Points of Contact can be found below, or in an
                additional attachment to the solicitation. [The contracting officer
                should insert the points of contact information below, unless
                otherwise included elsewhere in the solicitation.]
                 *__*
                (End of clause)
                552.238-110 Commercial Satellite Communication (COMSATCOM) Services.
                 As prescribed in 538.273(d)(34) insert the following clause:
                Commercial Satellite Communication (COMSATCOM) Services (May 2019)
                 (a) General background. Special Item Numbers (SINs) have been
                established for Commercial Satellite Communications (COMSATCOM)
                services, focused on transponded capacity (SIN 132-54) and fixed and
                mobile subscription services (SIN 132-55), to make available common
                COMSATCOM services to all Ordering Activities.
                 (b) Information assurance. (1) The Contractor shall demonstrate,
                to the maximum extent practicable, the ability to meet:
                 (i) The Committee on National Security Systems Policy (CNSSP)
                12, ``National Information Assurance Policy for Space Systems used
                to Support National Security Missions,'' or
                 (ii) Department of Defense Directive (DoDD) 8581.1,
                ``Information Assurance (IA) Policy for Space Systems Used by the
                Department of Defense.''
                 (2) The Contractor shall demonstrate the ability to comply with
                the Federal Information Security Management Act of 2002 as
                implemented by Federal Information Processing Standards Publication
                200 (FIPS 200), ``Minimum Security Requirements for Federal
                Information and Information Systems.'' In response to ordering
                activity requirements, at a minimum, all services shall meet the
                requirements assigned against:
                 (i) A low-impact information system (per FIPS 200) that is
                described in the current revision of National Institute of Standards
                and Technology (NIST) Special Publication (SP) 800-53, ``Recommended
                Security Controls for Federal Information Systems and
                Organizations,'' or
                 (ii) A Mission Assurance Category (MAC) III system that is
                described in the current revision of DoD Instruction (DoDI) 8500.2,
                ``Information Assurance Implementation.''
                 (3) The Contractor's information assurance boundary is where the
                Contractor's services connect to the user terminals/equipment (i.e.,
                includes satellite command encryption (ground and space); systems
                used in the Satellite Operations Centers (SOCs), Network Operations
                Centers (NOCs) and teleport; and terrestrial infrastructure required
                for service delivery).
                 (c) Delivery schedule. The Contractor shall deliver COMSATCOM
                services in accordance with 552.238-90.
                 (d) Portability. The Contractor shall have the capability to
                redeploy COMSATCOM services, subject to availability. Portability
                shall be provided within the COMSATCOM Contractor's resources at any
                time as requested by the ordering activity. When portability is
                exercised, evidence of equivalent net present value (NPV) shall be
                provided by the Contractor.
                 (e) Flexibility/optimization. The Contractor shall have the
                capability to re-groom resources for spectral, operational, or price
                efficiencies. Flexibility/optimization shall be provided within the
                COMSATCOM
                [[Page 17052]]
                Contractor's resources at any time as requested by the ordering
                activity. When flexibility/optimization is exercised, evidence of
                equivalent net present value (NPV) shall be provided by the
                Contractor. The Contractor is encouraged to submit re-grooming
                approaches for ordering activity consideration that may increase
                efficiencies for existing COMSATCOM services.
                 (f) Net ready (interoperability). COMSATCOM services shall be
                consistent with commercial standards and practices. Services shall
                have the capability to access and/or interoperate with Government or
                other Commercial teleports/gateways and provide enterprise service
                access to or among networks or enclaves. Interfaces may be
                identified as interoperable on the basis of participation in a
                sponsored interoperability program.
                 (g) Network monitoring (Net OPS). The Contractor shall have the
                capability to electronically collect and deliver near real-time
                monitoring, fault/incident/outage reporting, and information access
                to ensure effective and efficient operations, performance, and
                availability, consistent with commercial practices. Consistent with
                the Contractor's standard management practices, the Net Ops
                information will be provided on a frequency (example: Every 6 hours,
                daily) and format (example: SNMP, XML) as defined in a requirement
                to a location/entity/electronic interface defined by the ordering
                activity. Specific reporting requirements will be defined by the
                Ordering Activity.
                 (h) EMI/RFI identification, characterization, and geo-location.
                The Contractor shall have the capability to collect and
                electronically report in near real-time Electro Magnetic
                Interference (EMI)/Radio Frequency Interference (RFI)
                identification, characterization, and geo-location, including the
                ability to identify and characterize sub-carrier EMI/RFI being
                transmitted underneath an authorized carrier, and the ability to
                geo-locate the source of any and all EMI/RFI. The Contractor shall
                establish and use with the ordering activity a mutually agreed upon
                media and voice communications capability capable of protecting
                ``Sensitive, but Unclassified'' data.
                 (i) Security. (1) The Contractor may be required to obtain/
                possess varying levels of personnel and facility security clearances
                up to U.S. Government TOP SECRET/Sensitive Compartmented Information
                (TS/SCI) or equivalent clearances assigned by the National Security
                Authority of a NATO Member State or Major Non-NATO Ally.
                 (2) For incident resolution involving classified matters, the
                Contractor shall provide appropriately cleared staff who can affect
                COMSATCOM services operations (example: Satellite payload
                operations, network operations). The Contractor shall provide a
                minimum of one operations staff member AND a minimum of one person
                with the authority to commit the company if resolution requires
                business impacting decisions (example: Chief Executive Officer,
                Chief Operations Officer, etc.).
                 (3) When Communications Security or Transmission Security
                equipment or keying material is placed in the equipment/terminal
                shelter, the Contractor shall ensure compliance with applicable
                physical security directives/guidelines and that all deployed
                equipment/terminal operations and maintenance personnel shall
                possess the appropriate clearances, equal to or higher than the
                classification level of the data being transmitted. Where local
                regulations require use of foreign personnel for terminal operations
                and maintenance, then the Contractor shall ensure compliance with
                applicable security directives/guidelines and document to the U.S.
                Government's satisfaction that protective measures are in place and
                such individuals have equivalent clearances granted by the local
                host nation.
                 (4) For classified operations security (OPSEC), the Contractor
                shall ensure that all personnel in direct contact with classified
                OPSEC indicators (example: The unit, location, and time of
                operations) have U.S. SECRET or higher personnel security
                clearances, or, as appropriate, equivalent clearances assigned by
                the National Security Authority of a NATO Member State or Major Non-
                NATO Ally, in accordance with applicable security directives and
                guidelines.
                 (5) For classified requirements, cleared satellite operator
                staff must have access to secure voice communications for emergency
                purposes. Communications security equipment certified by the
                National Security Agency (NSA) to secure unclassified and up to and
                including SECRET communication transmissions at all operations
                centers is preferred. If a Contractor is unable to have access to
                NSA-approved communications security equipment at its operations
                centers, then a combination of a ``Sensitive but Unclassified''
                (SBU) cryptographic module approved by the U.S. National Institute
                for Standards and Technology and pre-arranged access to National
                Security Agency-approved communications security equipment at an
                agreed alternate facility is acceptable.
                 (6) The Contractor shall have the capability to ``mask'' or
                ``protect'' users against unauthorized release of identifying
                information to any entity that could compromise operations security.
                Identifying information includes but is not limited to personal user
                and/or unit information including tail numbers, unit names, unit
                numbers, individual names, individual contact numbers, street
                addresses, etc.
                 (j) Third party billing for COMSATCOM subscription services. The
                Contractor shall identify authorized network infrastructure for the
                ordering activity. In some cases, the user of the terminal may
                access network infrastructure owned or operated by a third party. In
                the event a terminal is used on a third party's network
                infrastructure, the Contractor shall provide to the ordering
                activity, invoices and documentation reflecting actual usage amount
                and third party charges incurred. The ordering activity shall be
                billed the actual third party charges incurred, or the contract
                third party billing price, whichever is less.
                (End of clause)
                552.238-111 Environmental Protection Agency Registration Requirement.
                 As prescribed in 538.273(d)(35), insert the following clause:
                Environmental Protection Agency Registration Requirement (May 2019)
                 (a) With respect to the products described in this solicitation
                which require registration with the Environmental Protection Agency
                (EPA), as required by the Federal Insecticide, Fungicide, and
                Rodenticide Act, Section 3, Registration of Pesticides, awards will
                be made only for such products that have been assigned an EPA
                registration number, prior to the time of bid opening.
                 (b) The offeror shall insert in the spaces provided in this
                section, the manufacturer's and/or distributor's name and the ``EPA
                Registration Number'' for each item offered. Any offer which does
                not specify a current ``EPA Registration Number'' in effect for the
                duration of the contract period, and including the manufacturer's
                and/or distributor's name will be rejected.
                ----------------------------------------------------------------------------------------------------------------
                 Items
                -----------------------------------------------------------------------------------------------------------------
                 Name of manufacturer/
                 Item numbers distributor EPA registration number Date of expiration
                ----------------------------------------------------------------------------------------------------------------
                
                ----------------------------------------------------------------------------------------------------------------
                
                ----------------------------------------------------------------------------------------------------------------
                
                ----------------------------------------------------------------------------------------------------------------
                 (c) If, during the performance of a contract awarded as a result
                of this solicitation, the EPA Registration Number for products being
                furnished is terminated, withdrawn, canceled, or suspended, and such
                action does not arise out of causes beyond the control, and with the
                fault or negligence of the Contractor or subcontractor, the
                Government may terminate the contract pursuant to either the Default
                Clause or Termination for Cause Paragraph (contained in the clause
                52.212-4, Contract Terms and Conditions--Commercial Items),
                whichever is applicable to the resultant contract.
                (End of clause)
                [[Page 17053]]
                552.238-112 Definition (Federal Supply Schedules)--Non-Federal Entity.
                 As prescribed in 538.7004(a), insert the following clause:
                Definition (Federal Supply Schedules)--Non-Federal Entity (May 2019)
                 Ordering activity (also called ``ordering agency'' and
                ``ordering office'') means an eligible ordering activity (see
                552.238-113), authorized to place orders under Federal Supply
                Schedule contracts.
                (End of clause)
                552.238-113 Scope of Contract (Eligible Ordering Activities).
                 As prescribed in 538.7004 (b) insert the following clause:
                Scope of Contract (Eligible Ordering Activities) (May 2019)
                 (a) This solicitation is issued to establish contracts which may
                be used on a nonmandatory basis by the agencies and activities named
                below, as a source of supply for the supplies or services described
                herein, for domestic and/or overseas delivery. For Special Item
                Number 132-53, Wireless Services ONLY, limited geographic coverage
                (consistent with the Offeror's commercial practice) may be proposed.
                 (1) Executive agencies (as defined in FAR Subpart 2.1) including
                nonappropriated fund activities as prescribed in 41 CFR 101-26.000;
                 (2) Government contractors authorized in writing by a Federal
                agency pursuant to FAR 51.1;
                 (3) Mixed ownership Government corporations (as defined in the
                Government Corporation Control Act);
                 (4) Federal Agencies, including establishments in the
                legislative or judicial branch of government (except the Senate, the
                House of Representatives and the Architect of the Capitol and any
                activities under the direction of the Architect of the Capitol).
                 (5) The District of Columbia;
                 (6) Tribal governments when authorized under 25 U.S.C. 450j(k);
                 (7) Tribes or tribally designated housing entities pursuant to
                25 U.S.C. 4111(j);
                 (8) Qualified Nonprofit Agencies as authorized under 40 U.S.C.
                502(b); and
                 (9) Organizations, other than those identified in paragraph (d)
                of this clause, authorized by GSA pursuant to statute or regulation
                to use GSA as a source of supply.
                 (b) Definitions.
                 Domestic delivery is delivery within the 48 contiguous states,
                Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. territories.
                Domestic delivery also includes a port or consolidation point,
                within the aforementioned areas, for orders received from overseas
                activities.
                 Overseas delivery is delivery to points outside of the 48
                contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and
                U.S. territories.
                 (c) Offerors are requested to check one of the following boxes:
                 [square] Contractor will provide domestic and overseas delivery.
                 [square] Contractor will provide overseas delivery only.
                 [square] Contractor will provide domestic delivery only.
                 (d) The following activities may place orders against Schedule
                contracts:
                 (1) State and local government may place orders against Schedule
                70 contracts, and Consolidated Schedule contracts containing
                information technology Special Item Numbers, and Schedule 84
                contracts, on an optional basis; PROVIDED, the Contractor accepts
                order(s) from such activities;
                 (2) The American National Red Cross may place orders against
                Federal Supply Schedules for products and services in furtherance of
                the purposes set forth in its Federal charter (36 U.S.C. 300102);
                PROVIDED, the Contractor accepts order(s) from the American National
                Red Cross; and
                 (3) Other qualified organizations, as defined in section 309 of
                the Robert T. Stafford Disaster Relief and Emergency Assistance Act
                (42 U.S.C. 5152), may place orders against Federal Supply Schedules
                for products and services determined to be appropriate to facilitate
                emergency preparedness and disaster relief and set forth in guidance
                by the Administrator of General Services, in consultation with the
                Administrator of the Federal Emergency Management Agency; PROVIDED,
                the Contractor accepts order(s) from such activities.
                 (4) State and local governments may place orders against Federal
                Supply Schedules for good or services determined by the Secretary of
                Homeland Security to facilitate recovery from a major disaster
                declared by the President under the Robert T. Stafford Disaster
                Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.) to
                facilitate disaster preparedness or response, or to facilitate
                recovery from terrorism or nuclear, biological, chemical, or
                radiological attack; PROVIDED, the Contractor accepts order(s) from
                such activities.
                 (e) Articles or services may be ordered from time to time in
                such quantities as may be needed to fill any requirement, subject to
                the Order Limitations thresholds which will be specified in
                resultant contracts. Overseas activities may place orders directly
                with schedule contractors for delivery to CONUS port or
                consolidation point.
                 (f)(1) The Contractor is obligated to accept orders received
                from activities within the Executive branch of the Federal
                Government.
                 (2) The Contractor is not obligated to accept orders received
                from activities outside the Executive branch; however, the
                Contractor is encouraged to accept such orders. If the Contractor
                elects to accept such orders, all provisions of the contract shall
                apply, including clause 52.232-36 Payment by Third Party. If the
                Contractor is unwilling to accept such orders, and the proposed
                method of payment is not through the Credit Card, the Contractor
                shall return the order by mail or other means of delivery within 5
                workdays from receipt. If the Contractor is unwilling to accept such
                orders, and the proposed method of payment is through the Credit
                Card, the Contractor must so advise the ordering activity within 24
                hours of receipt of order. (Reference clause 52.232-36 Payment by
                Third Party.) Failure to return an order or advise the ordering
                activity within the time frames of this paragraph shall constitute
                acceptance whereupon all provisions of the contract shall apply.
                 (g) The Government is obligated to purchase under each resultant
                contract a guaranteed minimum of $2,500 (two thousand, five hundred
                dollars) during the contract term.
                 (h) All users of GSA's Federal Supply Schedules, including non-
                Federal users, shall use the schedules in accordance with the
                ordering guidance provided by the Administrator of General Services.
                GSA encourages non-Federal users to follow the Schedule Ordering
                Procedures set forth in the Federal Acquisition Regulation (FAR)
                8.4, but they may use different established competitive ordering
                procedures if such procedures are needed to satisfy their state and
                local acquisition regulations and/or organizational policies.
                (End of clause)
                552.238-114 Use of Federal Supply Schedule Contracts by Non-Federal
                Entities.
                 As prescribed in 538.7004(c), insert the following clause:
                Use of Federal Supply Schedule Contracts by Non-Federal Entities (May
                2019)
                 (a) If an entity identified in paragraph (d) of the clause at
                552.238-113, Scope of Contract (Eligible Ordering Activities),
                elects to place an order under this contract, the entity agrees that
                the order shall be subject to the following conditions:
                 (1) When the Contractor accepts an order from such an entity, a
                separate contract is formed which incorporates by reference all the
                terms and conditions of the Schedule contract except the Disputes
                clause, the patent indemnity clause, and the portion of the
                Commercial Item Contract Terms and Conditions that specifies
                ``Compliance with laws unique to Government contracts'' (which
                applies only to contracts with entities of the Executive branch of
                the U.S. Government). The parties to this new contract which
                incorporates the terms and conditions of the Schedule contract are
                the individual ordering activity and the Contractor. The U.S.
                Government shall not be liable for the performance or nonperformance
                of the new contract. Disputes which cannot be resolved by the
                parties to the new contract may be litigated in any State or Federal
                court with jurisdiction over the parties, applying Federal
                procurement law, including statutes, regulations and case law, and,
                if pertinent, the Uniform Commercial Code. To the extent authorized
                by law, parties to this new contract are encouraged to resolve
                disputes through Alternative Dispute Resolution. Likewise, a Blanket
                Purchase Agreement (BPA), although not a contract, is an agreement
                that may be entered into by the Contractor with such an entity and
                the Federal Government is not a party.
                 (2) Where contract clauses refer to action by a Contracting
                Officer or a Contracting Officer of GSA, that shall mean the
                individual responsible for placing the order for the ordering
                activity (e.g., FAR 52.212-4 at paragraph (f) and FSS clause I-FSS-
                249 B.)
                [[Page 17054]]
                 (3) As a condition of using this contract, eligible ordering
                activities agree to abide by all terms and conditions of the
                Schedule contract, except for those deleted clauses or portions of
                clauses mentioned in paragraph (a)(1) of this clause. Ordering
                activities may include terms and conditions required by statute,
                ordinance, regulation, order, or as otherwise allowed by State and
                local government entities as a part of a statement of work (SOW) or
                statement of objective (SOO) to the extent that these terms and
                conditions do not conflict with the terms and conditions of the
                Schedule contract. The ordering activity and the Contractor
                expressly acknowledge that, in entering into an agreement for the
                ordering activity to purchase goods or services from the Contractor,
                neither the ordering activity nor the Contractor will look to,
                primarily or in any secondary capacity, or file any claim against
                the United States or any of its agencies with respect to any failure
                of performance by the other party.
                 (4) The ordering activity is responsible for all payments due
                the Contractor under the contract formed by acceptance of the
                ordering activity's order, without recourse to the agency of the
                U.S. Government, which awarded the Schedule contract.
                 (5) The Contractor is encouraged, but not obligated, to accept
                orders from such entities. The Contractor may, within 5 days of
                receipt of the order, decline to accept any order, for any reason.
                The Contractor shall fulfill orders placed by such entities, which
                are not declined within the 5-day period.
                 (6) The supplies or services purchased will be used for
                governmental purposes only and will not be resold for personal use.
                Disposal of property acquired will be in accordance with the
                established procedures of the ordering activity for the disposal of
                personal property.
                 (b) If the Schedule Contractor accepts an order from an entity
                identified in paragraph (d) of the clause at 552.238-113, Scope of
                Contract (Eligible Ordering Activities), the Contractor agrees to
                the following conditions:
                 (1) The ordering activity is responsible for all payments due
                the Contractor for the contract formed by acceptance of the order,
                without recourse to the agency of the U.S. Government, which awarded
                the Schedule contract.
                 (2) The Contractor is encouraged, but not obligated, to accept
                orders from such entities. The Contractor may, within 5 days of
                receipt of the order, decline to accept any order, for any reason.
                The Contractor shall decline the order using the same means as those
                used to place the order. The Contractor shall fulfill orders placed
                by such entities, which are not declined within the 5-day period.
                 (c) In accordance with clause 552.238-80, Industrial Funding Fee
                and Sales Reporting, the Contractor must report the quarterly dollar
                value of all sales under this contract. When submitting sales
                reports, the Contractor must report two dollar values for each
                Special Item Number:
                 (1) The dollar value for sales to entities identified in
                paragraph (a) of the clause at 552.238-113, Scope of Contract
                (Eligible Ordering Activities), and
                 (2) The dollar value for sales to entities identified in
                paragraph (d) of clause 552.238-113 Scope of Contract (Eligible
                Ordering Activities).
                (End of clause)
                552.238-115 Special Ordering Procedures for the Acquisition of Order-
                Level Materials.
                 As prescribed in 538.7204(b), insert the following clause:
                Special Ordering Procedures for the Acquisition of Order-Level
                Materials (May 2019)
                 (a) Definition.
                 Order-level materials means supplies and/or services acquired in
                direct support of an individual task or delivery order placed
                against a Federal Supply Schedule (FSS) contract or FSS blanket
                purchase agreement (BPA), when the supplies and/or services are not
                known at the time of Schedule contract or FSS BPA award. The prices
                of order-level materials are not established in the FSS contract or
                FSS BPA. Order-level materials acquired following the procedures in
                paragraph (d) of this section are done so under the authority of the
                FSS program, pursuant to 41 U.S.C. 152(3), and are not open market
                items, which are discussed in FAR 8.402(f).
                 (b) FAR 8.403(b) provides that GSA may establish special
                ordering procedures for a particular FSS.
                 (c) The procedures in FAR subpart 8.4 apply to this contract,
                with the exceptions listed in this clause. If a requirement in this
                clause is inconsistent with FAR subpart 8.4, this clause takes
                precedence pursuant to FAR 8.403(b).
                 (d) Procedures for including order-level materials when placing
                an individual task or delivery order against an FSS contract or FSS
                BPA.
                 (1) The procedures discussed in FAR 8.402(f) do not apply when
                placing task and delivery orders that include order-level materials.
                 (2) Order-level materials are included in the definition of the
                term ``material'' in FAR clause 52.212-4 Alternate I, and therefore
                all provisions of FAR clause 52.212-4 Alternate I that apply to
                ``materials'' also apply to order-level materials. The ordering
                activity shall follow procedures under the Federal Travel Regulation
                and FAR Part 31 when order-level materials include travel.
                 (3) Order-level materials shall only be acquired in direct
                support of an individual task or delivery order and not as the
                primary basis or purpose of the order.
                 (4) The value of order-level materials in a task or delivery
                order, or the cumulative value of order-level materials in orders
                against an FSS BPA awarded under a FSS contract shall not exceed
                33.33%.
                 (5) All order-level materials shall be placed under the Order-
                Level Materials SIN.
                 (6) Prior to the placement of an order that includes order-level
                materials, the Ordering Activity shall follow procedures in FAR
                8.404(h).
                 (7) To support the price reasonableness of order-level
                materials--
                 (i) The contractor proposing order-level materials as part of a
                solution shall obtain a minimum of three quotes for each order-level
                material above the simplified acquisition threshold.
                 (A) One of these three quotes may include materials furnished by
                the contractor under FAR 52.212-4 Alt I (i)(1)(ii)(A).
                 (B) If the contractor cannot obtain three quotes, the contractor
                shall maintain its documentation of why three quotes could not be
                obtained to support their determination.
                 (C) A contractor with an approved purchasing system per FAR 44.3
                shall instead follow its purchasing system requirement and is exempt
                from the requirements in paragraphs (d)(7)(i)(A)-(B) of this clause.
                 (ii) The Ordering Activity Contracting Officer must make a
                determination that prices for all order-level materials are fair and
                reasonable. The Ordering Activity Contracting Officer may base this
                determination on a comparison of the quotes received in response to
                the task or delivery order solicitation or other relevant pricing
                information available.
                 (iii) If indirect costs are approved per FAR 52.212-
                4(i)(1)(ii)(D)(2) Alternate I), the Ordering Activity Contracting
                Officer must make a determination that all indirect costs approved
                for payment are fair and reasonable. Supporting data shall be
                submitted in a form acceptable to the Ordering Activity Contracting
                Officer.
                 (8) Prior to an increase in the ceiling price of order-level
                materials, the Ordering Activity Contracting Officer shall follow
                the procedures at FAR 8.404(h)(3)(iv).
                 (9) In accordance with GSAR clause 552.238-83, Examination of
                Records by GSA, GSA has the authority to examine the Contractor's
                records for compliance with the pricing provisions in FAR clause
                52.212-4 Alternate I, to include examination of any books,
                documents, papers, and records involving transactions related to the
                contract for overbillings, billing errors, and compliance with the
                IFF and the Sales Reporting clauses of the contract.
                 (10) OLMs are exempt from the following clauses:
                 (i) 552.216-70 Economic Price Adjustment--FSS Multiple Award
                Schedule Contracts.
                 (ii) 552.238-77 Submission and Distribution of Authorized FSS
                Schedule Pricelists.
                 (iii) 552.238-81 Price Reductions.
                 (11) Exceptions for travel. (i) Travel costs are governed by FAR
                31.205-46 and therefore the requirements in paragraph (d)(7) do not
                apply to travel costs.
                 (ii) Travel costs do not count towards the 33.33% limitation
                described in paragraph (d)(4) of this section.
                 (iii) Travel costs are exempt from clause 552.238-80 Industrial
                Funding Fee and Sales Reporting.
                (End of clause)
                [FR Doc. 2019-08012 Filed 4-22-19; 8:45 am]
                BILLING CODE 6820-61-P
                

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