General Services Administration Acquisition Regulation (GSAR); Federal Supply Schedule Contracting (Administrative Changes); Correction
| Citation | 84 FR 22381 |
| Published date | 17 May 2019 |
| Record Number | 2019-09910 |
| Section | Rules and Regulations |
| Court | General Services Administration |
Federal Register, Volume 84 Issue 96 (Friday, May 17, 2019)
[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Rules and Regulations]
[Pages 22381-22383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09910]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 501, 515, 538, and 552
[GSAR Case 2013-G502; Docket 2019-0008; Sequence 1]
RIN 3090-AJ41
General Services Administration Acquisition Regulation (GSAR);
Federal Supply Schedule Contracting (Administrative Changes);
Correction
AGENCY: Office of Acquisition Policy, General Services Administration.
ACTION: Final rule; correction.
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SUMMARY: GSA is issuing a correction to GSAR Case 2013-G502; Federal
Supply Schedule Contracting (Administrative Changes), which was
published in the Federal Register on April 23, 2019. This correction
corrects GSAR clause numbers and titles.
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 at 202-501-4755. Please cite GSAR Case 2013-G502;
Corrections.
SUPPLEMENTARY INFORMATION:
Corrections
In rule FR Doc. 2019-08012, published in the Federal Register at 84
FR 17030, on April 23, 2019, make the following corrections:
Preamble Corrections
1. On page 17033, left column, paragraph 4. Revised Existing
Clauses and Provisions, correct the GSAR clauses table to read as
follows:
[[Page 22382]]
------------------------------------------------------------------------
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to GSA Acquisition and outdated FSS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.
552.238-77............. Submission and Prescription updated
Distribution of to use in all FSS
Authorized Federal solicitations and
Supply Schedule (FSS) contracts.
Price Lists.
552.238-78............. Identification of Prescription updated
Products that have to use only in FSS
Environmental solicitations and
Attributes. contracts that
contemplate items
with environmental
attributes.
552.238-79............. Cancellation........... Prescription updated
to use in all FSS
solicitations and
contracts.
552.238-80............. Industrial Funding Fee Prescription updated
and Sales Reporting. to use in all FSS
solicitations and
contracts.
552.238-81............. Price Reductions....... Prescription updated
to use in all FSS
solicitations and
contracts.
552.238-82............. Modifications (Federal Prescription updated
Supply Schedules). to use in all FSS
solicitations and
contracts.
(i) Use Alternate I
for Federal Supply
Schedules that only
accept eMod.
552-238-83............. 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.
552.238-113............ Scope of Contract Updated to reference
(Eligible Ordering the correct payment
Activities). clause, FAR 52.232-
36, Payment by Third
Party.
------------------------------------------------------------------------
2. On page 17034, left column, correct the first bulleted paragraph
to read as follows:
New Clauses and Provisions: Forty-three (43) new FSS-
specific clauses and provisions were contemplated in the proposed rule
for public comment. 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 552.238-86 (Final Rule), Delivery
Schedule was incorrectly included in the ``new'' clause list rather
than the ``reinstated'' clause list. In addition, 552.238-94 (Proposed
Rule), now 552.238-83 (Final Rule), 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.
3. On page 17034, middle column, correct the first solidly bulleted
paragraph to read as follows:
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
(Proposed Rule), now 552.238-86 (Final Rule) 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.
4. On page 17034, middle column, correct the second solidly
bulleted paragraph to read as follows:
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)
(Proposed Rule), now 552.238-83 (Final Rule), 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) (Proposed Rule), 552.238-113
(Final Rule), 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.
Regulatory Text Corrections
0
5. On page 17040, in 538.273, correct the last sentence in paragraph
(d)(4) and correct paragraphs (d)(5) and (d)(6)(ii) to read as follows:
538.273 FSS solicitation provisions and contract clauses.
* * * * *
(d) * * *
(4) * * * Clause 552.238-81 Alternate I should also be used when
vendors agree to include clause 552.238-80 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-
80 Alternate I in the contract.
(6) * * *
(ii) Use Alternate II for Federal Supply Schedules with
Transactional Data Reporting requirements. This alternate clause is
used when vendors agree to include clause 552.238-80 Alternate I in the
contract.
* * * * *
0
6. On page 17046, right column, correct 552.238-83 to read as follows:
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 (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
552.238-81, Price Reductions and 552.238-80, 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.
[[Page 22383]]
(End of clause)
552.238-88 [Corrected]
0
7. In 552.238-88:
0
a. On page 17047, right column, in the second sentence in paragraph
(a), correct ``552.238-111'' to read ``552.238-103''; and
0
b. On page 17048, left column, in paragraph (b), correct ``552.238-71''
to read ``552.238-77'' and correct ``552.238-81'' to read ``552.238-
82''.
0
8. On page 17050, middle column, correct 552.238-105 to read as
follows:
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 552.238-113, 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)
552.238-110 [Corrected]
0
9. On page 17051, right column, in 552.238-110, in paragraph (c),
correct ``552.238-90'' to read ``552.238-86''.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy.
[FR Doc. 2019-09910 Filed 5-16-19; 8:45 am]
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