[Federal Register Volume 61, Number 33 (Friday, February 16, 1996)]
[Rules and Regulations]
[Pages 6164-6173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3593]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 501, 504, 507, 510, 511, 512, 514, 515, 538, 539, 543,
546, 552 and 570
[APD 2800.12A, CHGE 70]
RIN 3090-AF86
General Services Administration Acquisition Regulation;
Acquisition of Commercial Items
AGENCY: Office of Acquisition Policy, GSA.
ACTION: Interim rule with request for comments.
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SUMMARY: The General Services Administration Acquisition Regulation
(GSAR) is amended to implement Items I and III of Federal Acquisition
Circular 90-32 which amended the Federal Acquisition Regulation (FAR)
to implement the portions of the Federal Acquisition Streamlining Act
of 1994 (Pub. L. 103-355) dealing with the Truth in Negotiations Act
and with the acquisition of commercial items. The GSAR is revised to
conform to the FAR as revised by FAC 90-32 and to implement portions of
the FAR where necessary to provide agency procedures. The Multiple
Award Schedule (MAS) Policy Statement of October 1, 1982 (47 FR 50242,
November 5, 1982) is canceled.
DATES: Effective Date: March 4, 1996. (See Supplementary Information
for further guidance.)
Comment Date: Comments should be submitted in writing to the
address shown below on or before April 16, 1996 to be considered in
formulating the final rule.
ADDRESSES: Interested parties should submit written comments to the
Office of Acquisition Policy (MV), General Services Administration,
Room 4010, 18th & F Streets, NW, Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT:
Les Davison, Office of GSA Acquisition Policy, (202) 501-1224.
SUPPLEMENTARY INFORMATION: All new solicitations for commercial items
and open season solicitations issued under the multiple award schedule
program issued after March 4, 1996 shall conform to this interim rule.
To the maximum extent practical, solicitations for commercial items and
open season solicitations, that have been issued but where no contract
has been awarded shall be amended to conform to this interim rule.
However, offerors shall not be required to resubmit information on
commercial sales practices and any requests for additional information
shall be limited to the minimum needed. Existing MAS contracts may be
modified, at the discretion of contracting officers, to conform to all
or part of this interim rule.
A. Determination To Issue an Interim Rule
A determination has been made under the authority of the
Administrator of General Services that urgent and compelling reasons
exist to publish an interim rule prior to affording the public an
opportunity to comment. Federal Acquisition Circular 90-32 (60 FR
48206, September 18, 1995) revised the Federal Acquisition Regulation
(FAR) to implement Title VIII of Public Law 103-355. Title VIII of
Public Law 103-355 contained requirements for the acquisition of
commercial items and required publication of implementing FAR revisions
by October 1, 1995. The FAR rule became available for use on October 1,
1995, and is mandatory for use by all Federal agencies in commercial
items solicitations issued after December 1, 1995. This GSAR rule
implements GSA unique requirements and revises the GSAR to bring it
into conformance with the FAR. Immediate GSAR coverage is needed to
permit GSA contracting activities to comply with Pub. L. 103-355 and
the implementing FAR requirements pertaining to the acquisition of
commercial items and Truth in Negotiations Act.
B. Executive Order 12866
This rule was not submitted to the Office of Management and Budget
(OMB) because it is not a significant rule as defined in Executive
Order 12866, Regulatory Planning and Review.
C. Regulatory Flexibility Act
This interim rule is expected to have a positive 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
simplifies procedures for GSA acquisition of commercial items. An
Initial Regulatory Flexibility Analysis (IRFA) has been prepared and
may be obtained from the address stated above. A copy of the IRFA has
been submitted to the Chief Counsel for Advocacy of the Small Business
Administration. Comments from small entities will be considered in
accordance with Section 610 of the Act.
D. Paperwork Reduction Act
The Paperwork Reduction Act applies to this interim rule. The
information collection requirements in 515.804-8 and related provisions
and clauses have been approved by the Office of Management and Budget
(OMB) under OMB Control Number 9000-0013. The information collection
requirements in 552.212-70, Preparation of Offer (Multiple Award
Schedule), represent customary commercial practice and are approved
under OMB Control Number 3090-0250.
List of Subjects in 48 CFR Parts 501, 504, 507, 510, 511, 512, 514,
515, 538, 539, 543, 546, 552, and 570
Government procurement.
Accordingly, 48 CFR Parts 501, 504, 507, 510, 511, 512, 514, 515,
538, 539, 543, 546, and 552 and 570 are amended as follows:
PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION
SYSTEM
1. The authority citation for 48 CFR Parts 501, 504, 507, 510, 511,
512, 514, 515, 538, 539, 543, 546, 552 and 570 continues to read as
follows:
Authority: 40 U.S.C. 486(c).
501.105 [Amended]
2. Section 501.105 is amended by removing the following GSAR
references and corresponding OMB control numbers: 510.004-70-3090-0203,
510.011(i)-3090-0246,
[[Page 6165]]
512.104(a)(2) and 512.104(a)(4)-3090-0204.
PART 504--ADMINISTRATIVE MATTERS
3. Section 504.803 is amended by revising paragraphs (a)(12) and
(a)(25) to read as follows:
504.803 Contents of contract files.
(a) * * *
(12) Cost or pricing data and information other than cost or
pricing data. Where the requirement for submission of cost or pricing
data is waived, as provided in FAR 15.804-1(b)(5), the waiver and
documentation supporting the waiver should be filed under this tab.
* * * * *
(25) Any required approvals--GSA 1535, Recommendation for Award, or
documentation of approval of Subcontracting Plan (as applicable). The
contracting officer's and any other departing procurement official's
certificate of procurement integrity, required by FAR 3.104-7(a) and 48
CFR 503.104-7 and the record of individuals authorized access to
proprietary or source selection information, required by FAR 3.104-
5(d)(2) and 3.104-9(e)(iii) should be filed under this tab.
* * * * *
PART 507--ACQUISITION PLANNING
507.103 [Amended]
4. Section 507.103 is amended by removing ``510.002'' and inserting
``48 CFR 511.002''.
5. Part 510 heading is revised to read as follows:
PART 10--MARKET RESEARCH
510.001 [Redesignated as 511.001]
6. Section 510.001 is redesignated as 511.001.
510.002 [Redesignated as 511.002 and amended]
7. Section 510.002 is redesignated as 511.002 and the first
sentence is amended by removing ``FAR 10.002(c)'' and inserting ``FAR
11.002(b).''
510.004 [Removed]
510.004-70 [Removed]
510.004-71 [Removed]
510.007 [Removed]
510.007-70 [Removed]
8. Sections 510.004, 510.004-70, 510.004-71, 510.007 and 510.007-70
are removed.
510.011 [Redesignated as 511.204 and amended]
9. Section 510.011 is redesignated as 511.204 and paragraph (a) is
amended by removing ``552.210-70'' and inserting ``48 CFR 552.211-
711''; by removing ``552.210-71'' and inserting ``48 CFR 552.211-72''
in paragraph (b); by removing paragraphs (c) and (d); by redesignating
paragraph (e) as (c) and in newly designated paragraph (c) removing
``552.210-75'' and inserting ``48 CFR 552.211-73''; by redesignating
paragraph (f) as (d), and in newly designated paragraph (d) removing
``552.210-76'' and inserting ``48 CFR 552.211-74'', and by removing
``552.210-75'' and inserting ``48 CFR 552.211-73''; by redesignating
paragraph (g) as (e) and in newly designated paragraph (e), by removing
``552.210-77'' and inserting ``48 CFR 552.211-75''; by redesignating
paragraph (h) as (f) and in newly designated paragraph (f) removing
``552.210-78'' and inserting ``48 CFR 552.211-76''; by redesignating
paragraph (i) as (g), and in newly designated paragraph (g) removing
``552.210-79'' and inserting ``48 CFR 552.211-77.''
510.070 [Removed]
510.070-1 [Removed]
510.070-2 [Removed]
510.070-3 [Removed]
510.070-4 [Removed]
510.071 [Removed]
PART 510--[RESERVED]
10. Sections 510.070, 510.070-1, 510.070-2, 510.070-3, 510.070-4
and 510.071 are removed and Part 510 is reserved.
11. Part 511 heading is revised to read as follows:
PART 511--DESCRIBING AGENCY NEEDS
511.003 [Removed]
511.070 [Removed]
12. Sections 511.003 and 511.070 are removed.
13. Subpart 511.1 consisting of sections 511.103 and 511.170 are
added to read as follows:
Subpart 511.1--Selecting and Developing Requirements Documents
Sec.
511.103 Market acceptance.
511.170 Use of brand name or equal product descriptions.
Subpart 511.1--Selecting and Developing Requirements Documents
511.103 Market acceptance.
The contracting officer may require offerors to meet market
acceptance criteria in accordance with FAR 11.103 when such criteria
determined necessary to satisfy the agency's needs.
511.170 Use of brand name or equal product descriptions.
(a) Policy. When a ``brand name or equal'' purchase description is
used the purchase description should--
(1) Cite all brand name products known to be acceptable and of
current manufacture;
(2) Specify each physical or functional characteristic essential to
the intended use of the product including permissible tolerances;
(3) Avoid specifying characteristics that cannot be shown to
materially affect the intended end use and which unnecessarily restrict
competition; and
(4) Give prospective offerors the opportunity to offer products
other than those specifically referenced by brand name, as long as they
meet the needs of the Government in essentially the same manner as the
brand name product.
(b) Solicitation provisions. The solicitation--
(1) May require bid samples for ``or equal'' offers, but not for
``brand name'' offers.
(2) Must provide for full consideration and evaluation of ``or
equal'' offers against the salient characteristics specified in the
purchase description. Do not reject offers for minor differences in
design, construction, or features which do not affect the suitability
of the product for its intended use.
(3) Must include the following immediately after the item
description--
Offering on:
Manufacturer's Name----------------------------------------------------
Brand------------------------------------------------------------------
Model or Part No.------------------------------------------------------
(4) Should include the following notice, unless bid samples are
required for ``or equal'' offers, in the item listing after each brand
name or equal item (or component part) or at the bottom of each page
listing several items:
OFFERORS OFFERING OTHER THAN BRAND NAME ITEMS IDENTIFIED HEREIN
MUST PROVIDE ADEQUATE INFORMATION TO ENSURE THAT A DETERMINATION CAN
BE MADE AS TO EQUALITY OF THE PRODUCT(S) OFFERED.
(c) Contract clause. The contracting officer shall include a clause
substantially the same as the clause at 48 CFR 552.211-70, Brand Name
or Equal, when a brand name or equal
[[Page 6166]]
purchase description is used. When component parts or an end item are
described by brand name or equal descriptions and application of the
clause to some or all of the components is impracticable, either do not
use the clause or limit its application to specified components.
14. Subpart 511.2 is added to read as follows:
Subpart 511.2--Using and Maintaining Requirements Documents
PART 512--ACQUISITION OF COMMERCIAL ITEMS
15. Part 512 heading is revised as set forth above.
Subpart 512.1 [Redesignated as Subpart 511.4]
512.101 [Redesignated as 511.401]
512.104 [Redesignated as 511.404 and amended]
15a. Subpart 512.1 is redesignated as subpart 511.4, section
512.101 is redesignated as 511.401, and section 512.104 is redesignated
as 511.404.
16. Newly designated section 511.404 is amended by redesignating
paragraph (a)(5) as paragraph (a)(6) and amending paragraph (a)(6) by
removing ``552.212-72'' and inserting ``48 CFR 552.211-83''; by
redesignating paragraph (a)(4) as paragraph (a)(5), and amending
paragraph (a)(5) by removing ``552.212-71'' and inserting ``48 CFR
552.211-82''; by redesignating paragraph (a)(3) as paragraph (a)(4) and
amending paragraph (a)(4) by removing ``552.212-70'' and inserting ``48
CFR 552.211-81'' and by removing ``552.212-72'' and inserting ``48 CFR
552.211-83''; by removing ``552.212-1(a)'' in paragraph (a)(1) and
inserting ``48 CFR 552.211-1''; amending paragraph (b) by removing
``552.212-74'' and inserting ``48 CFR 552.211-84''; and by revising
paragraph (a)(2) and adding a new paragraph (a)(3) to read as follows:
511.404 Contract clauses.
(a) * * *
(2) 48 CFR 552.211-78, Commercial Delivery Schedule (Multiple Award
Schedule), in solicitations issued and contracts awarded under the
multiple award schedule program.
(3) 48 CFR 552.211-79, Acceptable Age of Supplies, or 48 CFR
552.211-80, Age on Delivery, in solicitations and contracts if the
contractor will be required to furnish shelf-life items within a
specified number of months from the date of manufacture or production
of the supplies. (See 101-27.206-2 of the Federal Property Management
Regulation.) The Acceptable Age of Supplies clause at 48 CFR 552.211-79
should be used when the required shelf-life period is 12 months or
less, and lengthy acceptance testing may be involved. For items having
a limited shelf-life, Alternate I to 48 CFR 552.211-79 must be
substituted for the basic clause when required by the director of the
48 CFR 552.211-80 should be used when the required shelf-life period is
more than 12 months, or when source inspection can be performed within
a short time period.
* * * * *
17. Subpart 512.2 consisting of sections 512.203 and 512.209 is
added to read as follows:
Subpart 512.2--Special Requirements for the Acquisition of Commercial
Items
Sec.
512.203 Procedures for solicitation, evaluation, and award.
512.209 Pricing of commercial items when contracting by
negotiation.
Subpart 512.2--Special Requirements for the Acquisition of
Commercial Items
512.203 Procedures for solicitation, evaluation, and award.
Contracting officers shall use the policies in FAR Part 12 and 48
CFR Part 512 in conjunction with the policies and procedures for
Federal Supply Schedules in FAR Part 38 and 48 CFR Part 538.
512.209 Pricing of commercial items when contracting by negotiation.
When awarding multiple award schedule contracts for commercial
items, the policies and procedures in FAR Part 15 and 48 CFR Part 515
shall be used to establish the reasonableness of prices.
18. Subpart 512.3 consisting of sections 512.301 and 512.302 is
added to read as follows:
Subpart 512.3--Solicitation Provisions and Contract Clauses for the
Acquisition of Commercial Items
Sec.
512.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
512.302 Tailoring of provisions and clauses for the acquisition of
commercial items.
512.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(a) Solicitation provisions/clauses. The contracting officer shall
insert the following provisions or clauses in solicitations for the
acquisition of commercial items in accordance with the prescriptions
provided:
(1) The provision at 48 CFR 552.212-70, Preparation of Offer
(Multiple Award Schedule), in solicitations issued under the multiple
award schedule program.
(2) The clause at 48 CFR 552.212-71, Contract Terms and Conditions
Applicable to GSA Acquisition of Commercial Items when listed clauses
apply and are incorporated by reference. The clause provides for the
incorporation by reference of terms and conditions which are, to the
maximum extent practicable, consistent with customary commercial
practice. The contracting officer may tailor this clause.
(3) The clause at 48 CFR 552.212-72, Contract Terms and Conditions
Required to Implement Statutes or Executive Orders Applicable to GSA
Acquisitions of Commercial Items when listed clauses apply and are
incorporated by reference. The clause provides for the incorporation by
reference of terms and conditions which are required to implement
provisions of law or executive orders applicable to acquisitions of
commercial items.
(4) The provision at 48 CFR 552.212-73, Evaluation--Commercial
Items (Multiple Award Schedule), shall be used instead of FAR 52.212-2
in solicitations issued under the multiple award schedule program.
(b) Use of required GSAR provisions and clauses. Notwithstanding
prescriptions contained elsewhere in the GSAR (48 CFR Chapter 5), when
acquiring commercial items, contracting officers shall be required to
use only those provisions and clauses prescribed in this part. The
provisions and clauses prescribed in this part shall be revised, as
necessary, to reflect the applicability of statutes and executive
orders to the acquisition of commercial items.
(c) Discretionary use of GSAR provisions and clauses. The
contracting officer may include in solicitations and contracts by
addendum other GSAR provisions and clauses when their use is consistent
with the limitations contained in FAR 12.302(c).
(d) Use of additional provisions and clauses. Provisions or clauses
that are not prescribed in the FAR or GSAR for use in contracts for
commercial items may not be used unless approved by the Senior
Procurement Executive (see 48 CFR 502.101) or determined to be
consistent with customary commercial practice through market research.
512.302 Tailoring of provisions and clauses for the acquisition of
commercial items.
Requests for waivers shall be prepared in accordance with FAR
12.302(c) and submitted for approval by the chief of the contracting
office (see 48 CFR
[[Page 6167]]
502.101) if an individual contract is involved or by the contracting
director (see 48 CFR 502.101) if a class of contracts is involved.
PART 514--SEALED BIDDING
19. Section 514.201-70 is revised to read as follows:
514.201-70 GSA Forms.
The GSA Form 1602, Notice Concerning Solicitation, may be used to:
(a) Describe the type of contract, the duration of the contract,
and the type of supplies or services being procured;
(b) Direct the attention of prospective offerors to special
requirements which if overlooked, may result in rejection of the offer;
(c) Highlight significant changes from previous solicitations
covering the same supplies and services; and
(d) Include other special notices as appropriate.
PART 515--CONTRACTING BY NEGOTIATION
20. Section 515.106-70 is revised to read as follows:
515.106-70 Examination of records by GSA clause.
The contracting officer shall insert the clause at 48 CFR 552.215-
70, Examination of Records by GSA or at 48 CFR 552.215-71 Examination
of Records by GSA (Multiple Award Schedule), in solicitations and
contracts that
(a) Involve the use or disposition of Government-furnished
property,
(b) Provide for advance payments, progress payments based on cost,
or guaranteed loan,
(c) Contain a price warranty or price reduction clause,
(d) Involve income to the Government where income is based on
operations that are under the control of the contractor,
(e) Include an economic price adjustment clause,
(f) Are requirements, indefinite-quantity or letter type contracts
as defined in FAR Part 16,
(g) Are subject to adjustment based on a negotiated cost escalation
base or
(h) Contain the provision at FAR 52.223-4, Recovered Material
Certification. The clause at 48 CFR 552.215-71 shall be used for
solicitations issued and contracts awarded under the multiple award
schedule program. The contracting officer may modify the clause to
define the specific area of audit (e.g., the use or disposition of
Government-furnished property, compliance with the price reduction
clause). Counsel and the Assistant Inspector General-Auditing or
Regional Inspector General-Auditing, as appropriate, must concur in any
modifications to the clause.
515.412 [Removed]
21. Section 515.412 is removed.
22. Section 515.414-70 is revised to read as follows:
515.414-70 GSA Forms.
The GSA Form 1602, Notice Concerning Solicitation, may be used as
prescribed in 48 CFR 514.201-70.
23. The section heading for 515.804 is revised to read as follows:
515.804 Cost or pricing data and information other than cost or
pricing data.
515.804-3 [Reserved]
24. Section 515.804-3 is removed and reserved.
25. Section 515.804-6 is revised to read as follows:
515.804-6 Instructions for submission of cost or pricing data or
information other than cost or pricing data.
(a) Contracting officers should use Alternate IV of the FAR
provision at 52.215-41, Requirements for Cost or Pricing Data or
Information Other Than Cost or Pricing Data, to provide the format for
submission of information other than cost or pricing data for multiple
award schedule (MAS) contracts. To provide for uniformity in request
under the MAS program, contracting officers should insert the following
in paragraph (b) of the provisions:
(1) An offer prepared and submitted in accordance with the
provision at 552.212-70, Preparation of Offer (Multiple Award
Schedule);
(2) Commercial sales practices submitted in the format provided
in this solicitation in accordance with the instructions at Table
515-1 of the GSA Acquisition Regulation (48 CFR 515-1); and
(3) Any additional supporting information requested by the
Contracting Officer to determine whether the price(s) offered is
fair and reasonable.
(4) By submission of an offer in response to this solicitation
or a request for modification, the Offeror grants the Contracting
officer or an authorized representative the right to examine, at any
time before award, books, records, documents, papers, and other
directly pertinent records to verify any request for and exception
to the requirement for cost or pricing data, and the reasonableness
of prices(s) and for two years after award or modification of this
contract to verify that the information submitted was complete,
current and accurate. Access does not extend to cost or profit
information or other data relevant solely to the Offeror's
determination of the prices to be offered in the catalog or
marketplace.
(b) Contracting officers shall insert the following format for
commercial sales practices in the exhibits or attachments section of
the solicitation (see FAR 12.303). Paragraph (5) may be included when
the contracting officer, based on market research, anticipates receipt
of offers from dealers without significant commercial sales.
Commercial Sales Practices
Name of Offeror--------------------------------------------------------
SIN--------------------------------------------------------------------
Note: Please refer to provision 552.212-70, PREPARATION OF OFFER
(MULTIPLE AWARD SCHEDULE), for additional information concerning
your offer.
(1) Request for exception to the requirement for cost and
pricing data.
(a) Do you request an exception to the requirement for
submission of cost or pricing data [Check applicable item]
(i) ______ based on the fact that you have sold substantial
quantities of the commercial items offered to the general public at
or based on an established catalog or market price (see FAR 15.804-
1(b)(2)(iv)); or
(ii) ______ under the authority of FAR 15.804-1(a)(2) for
commercial items.
(b) Provide the dollar value of sales to the general public at
or based on an established catalog or market price during the
previous 12 month period or the offerors last fiscal year.
$________. in the event that a dollar value is not an appropriate
measure of the sales, provide and describe your own measure of the
sales of the item (FAR 15.804-1(b)(2)(iv). You may qualify for an
exception under the authority of FAR 15.804-1(a)(2), even though
substantial sales have not been made, although that exception
requires that special post award access to records be included in
the contract (see 52.215-43, Audit-Commercial Items).
(2) Show total estimated sales to the Government for the
contract term, excluding options, for the SIN offered. $________
(3) Are the discounts which you offer the Government equal to or
better than your best discount to any customer acquiring the same
items offered for this SIN regardless of quantity or terms and
conditions? YES ______ NO ______ See definition of ``discount'' in
552.212-70.
(4)(a) Provide information as requested for each SIN (or group
of SINs for which the information is the same) in accordance with
the instructions at 48 CFR Table 515-1 which is provided in this
solicitation for your convenience. The information should be
provided in the chart below. Rows should be added to accommodate as
many customers as required.
[[Page 6168]]
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Column 5--
Column 1-- Column 2-- Column 3-- Column 4-- additional
customer discount quantity/ FOB term discounts or
volume concessions
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(b) Do any deviations from the discounting practices disclosed
ever result in better discounts (lower prices) than indicated? YES
______ NO ______. If YES, explain deviations in accordance with the
instructions at 48 CFR Table 515-1 which is provided in this
solicitation for your convenience.
(5) If the Offeror is a dealer/reseller, the sales information
relative to the manufacturer's pricing to the dealer required by
paragraph (b)(1) through (4) above together with written access to
the manufacturer's records in accordance with 52.215-41 (Alt IV),
should be provided separately by the offeror for each item/SIN from
a single manufacturer whose total sales under any resulting contract
are expected to exceed $500,000. The information is required in
order to enable the Government to make a determination that the
offered price is fair and reasonable. To expedite the review and
processing of offers the dealer/reseller submitting the offer should
advise the manufacturer(s) of this requirement. The contracting
officer may require the information be submitted on electronic media
with commercially available spreadsheet(s). The information may be
provided by the manufacturer directly to the Government. If the
manufacturer's items(s) is being offered by multiple dealers/
resellers, only one copy of the requested information should be
submitted to the Government. In addition, the dealer/reseller
submitting the offer shall submit the following information along
with a listing of contact information regarding each of the
manufacturers whose products and/or services are included in the
offer (include the manufacturer's name, address, the manufacturer's
contact point, telephone number, and FAX number) for each model
offered by SIN:
(a) Manufacturer's Name
(b) Manufacturer's Part Number
(c) Dealer's/Reseller's Part Number
(d) Product Description
(e) Manufacturer's List Price
(f) Dealer's/Reseller's percentage discount from List Price or net
prices
(End of Format)
(c) The contracting officer should include the instructions for
completing the commercial sales practices format in Table 551-1 in
solicitations issued under the multiple award schedule program.
Table 515-1.--Instructions for Commercial Sales Practices Format
------------------------------------------------------------------------
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If you responded ``YES'' to question (3), on the COMMERCIAL SALES
PRACTICES FORMAT, complete the chart for the customer(s) who receive
your best discount. If you responded ``NO'' to question (3), complete
the chart for all customers or customer categories to whom you sell at
a discount which equals or exceeds the discount(s) offered to the
Government under this solicitation or with which the Offeror has a
current agreement to sell at a discount which equals or exceeds the
discount(s) offered under this solicitation. Such agreement shall be in
effect on the date the offer is submitted or contain an effective date
during the proposed multiple award schedule contract period. The
Offeror shall also disclose any changes to discount(s) and discount
policies which occur after the offer is submitted, but before the close
of negotiations. If the Offeror's discount practices vary by model or
product line, the discount information should be by model or product
line as appropriate. The offeror may limit the number of models or
product lines reported to those which in total anticipated sales exceed
75% of the estimated value of the special item number (SIN).
Column 1--Identify the applicable customer or category or customer. A
``customer is any entity, except the Federal Government, which acquires
supplies or services from the Offeror. The term customer includes, but
is not limited to original equipment manufacturers, value added
resellers, state and local governments, distributors, educational
institutions (an elementary, junior high, or degree granting school
which maintains regular faculty and established curriculum and an
organized body of students), dealers, national accounts, and end users.
In any instance where the Offeror is asked to disclose information for a
customer, the Offeror may disclose information by category or customer
if the offeror's discount policies are the same for all customers in the
category. (Use a separate line for each customer or category of
customer.)
Column 2--Identify the discount. The term ``discount'' is as defined
in solicitation provision 552.212-70 Preparation of Offer (Multiple
Award Schedule). Indicate the best discount at which the Offeror
customarily or repetitively sells to the customer or category of
customer identified in column 1, without regard to quantity; terms and
conditions of the agreements under which the discounts are given, and
whether they are written or oral. Net prices or discounts off of other
price lists should be expressed as percentage discounts from the price
list which is the basis for your offer. If the price lists which are the
basis of the discounts given to the customers identified in the chart
are different than the price list submitted upon which your offer is
based, identify the type of title and date of each price list. The
contracting officer may require submission of these price lists. To
expedite evaluation, offerors may provide these price lists at the time
of submission.
Pricing information need be provided only on customary or repetitive
sales. Information need not include erratic, ad hoc discounting;
however, the existence of such discounting shall be disclosed. This
disclosure should include a discussion of ad hoc discounting practices,
including the types of circumstances when ad hoc discounts are given and
the frequency of occurrence: i.e., a statement ``the ad hoc sales do not
exceed $______ per year'' or ``the ad hoc sales do not exceed ______% of
total sales.'' To be considered ``ad hoc discounting'' the practice
shall not: (a) represent a significant pricing practice: that is,
accounting for more than a marginal portion of the total commercial
sales; (b) establish a preferred customer: e.g., discounts to state and
local governments, or repetitive discounts received by a single
customer; (c) include other than low value, extraordinary price
reductions due to unique situations.
Column 3--Identify the quantity or volume of sales. Insert the minimum
quantity or sales volume which the identified customer or category of
customer must either purchase/order, per order or within a specified
period, to earn the discount. Specify the period of relevant sales
accumulation.
Column 4--Indicate the FOB delivery term for each identified customer.
(See FAR 47.3 for an explanation of FOB delivery terms.)
Column 5--Indicate additional discounts or concessions regardless of
quantity granted to the identified customer or category of customer. The
additional discounts may include per order quantity discount; aggregate
discount, prompt payment discount. Concessions are defined in
solicitation provision 552.212-70 Preparation of Offers (Multiple Award
Schedule). If the space provided is inadequate, the disclosure should be
made on a separate sheet by reference.
------------------------------------------------------------------------
(d) The contracting officer shall insert the clause at 48 CFR
552.215-72, Price Adjustment for Incomplete, Not Current or Inaccurate
Information Other Than Cost or Pricing Data, in solicitations and
contracts to be awarded under the multiple award schedule program.
PART 538--FSS SCHEDULE CONTRACTING
26. Part 538 heading is revised as set forth above.
[[Page 6169]]
538.000 [Removed]
27. Section 538.000 is removed.
28. Section 538.270 is added to read as follows:
538.270 Evaluation of multiple award schedule offers.
(a) The Government will seek to obtain the offeror's best discount
(most favored customer). However, the Government recognizes that the
terms and conditions of commercial sales vary and that there may be
legitimate reasons why the best discount is not achieved.
(b) The contracting officer will establish negotiation objectives
and determine price reasonableness subject to the requirements of
paragraphs (c) through (e) of this section.
(c) The contracting officer will establish negotiation objectives
based on a review of relevant data. If an exception may apply pursuant
to FAR 15.804-1(a)(2), then information to be acquired pursuant to FAR
15.804-5(b) (1) and (2) shall be limited to that which is reasonably
available and quantifiable.
(d) When establishing negotiation objectives and determining price
reasonableness, contracting officers will compare the terms and
conditions of agreements with customers. The contracting officer will
consider the following factors to determine the Government's price
negotiation objectives:
(1) Aggregate volume of anticipated purchases;
(2) The purchase of a minimum quantity or a pattern of historic
purchases;
(3) Discounts/prices offered;
(4) Length of the contract period;
(5) Warranties, training, maintenance included in the purchase
price or provided at additional cost to the product prices;
(6) Ordering and delivery practices; and
(7) Any other relevant information including differences between
the MAS solicitation and commercial terms and conditions that may
warrant differentials between the offer and the discounts offered to
the best customers. In cases where the best discount is not offered to
the Government, the offeror is responsible for identifying,
substantiating and valuating any asserted differences.
(e) The contracting officer may not award a contract containing
pricing which is less favorable than the best discount the offeror
extends to any commercial customer purchasing under circumstances
comparable to the Government, unless the contracting officer makes a
written determination that
(1) The prices offered to the Government are fair and reasonable,
even though comparable discounts were not negotiated, and
(2) Award of a contract is otherwise in the best interest of the
Government.
29. Section 538.271 is added to read as follows:
538.271 MAS contract awards.
(a) MAS awards will, to the maximum extent practicable, be
commercial items negotiated as a discount from established catalog
prices for items sold in substantial quantities to the general public.
(b) Before awarding any MAS contract, the contracting officer will
determine whether offered prices are fair and reasonable in accordance
with FAR subparts 15.8 and 15.9 and 48 CFR 538.270.
PART 539--MANAGEMENT, ACQUISITION, AND USE OF INFORMATION
RESOURCES--RESERVED
30. Part 539 is reserved.
539.000 [Removed]
31. Section 539.000 is removed
PART 543--CONTRACT MODIFICATIONS
32. Section 543.205 is amended by adding paragraph (c) to read as
follows:
543.205 Contract clauses.
* * * * *
(c) The contracting officer shall insert the clause at 48 CFR
552.243-72, Modifications (Multiple Award Schedule), in solicitations
and multiple award schedule contracts. Alternate I should be used when
stable technology is involved and few changes are expected.
PART 546--QUALITY ASSURANCE
33. Section 546.710 is amended by revising paragraph (a)(2) to read
as follows:
546.710 Contract Clauses.
(a) * * *
(2) If commercial products or items are being acquired under a
program other than Multiple Award Schedules, the contracting officer
shall use the clause at 48 CFR 552.247.17 with its Alternate I.
* * * * *
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
552.209-73 [Amended]
34. The clause at section 552.209-73 is amended by revising the
date of the clause to read ``(FEB 1996)'' and by inserting a period
after the word ``default'' and removing all remaining text beginning
with the word ``under.''
552.210-70 [Redesignated as 552.211-71 and amended]
35. Section 552.210-70 is redesignated as 552.211-71, the
introductory paragraph is amended by removing ``510.011(a)'' and
inserting ``48 CFR 511.204(a)'', and the date of the clause is revised
to read ``(FEB 1996)''.
552.210-71 [Redesignated as 552.211-72 and amended]
36. Section 552.210-71 is redesignated as 552.211-72, the
introductory paragraph is amended by removing ``510.011(b)'' and
inserting ``48 CFR 511.204(b)'', and the date of the clause is revised
to read ``(FEB 1996)''.
552.210-72 [Redesignated as 552.211-79]
37. Section 552.210-72 is redesignated as 552.211-79, the
introductory paragraph is amended by removing ``510.011(c)'' and
inserting ``48 CFR 511.404(a)'', by revising the date of the basic
clause and the Alternate I to read ``(FEB 1996)'' and by removing all
the text in the last sentence in the basic clause after the phrase
``reject the supplies'' and inserting a period after ``supplies''.
552.210-73 [Redesignated as 552.211-80 and amended]
38. Section 552.210-73 is redesignated as 552.211.80, the
introductory paragraph is amended by removing ``510.011(c)'' and
inserting ``48 CFR 511.404(a)'', by revising the date of the clause to
read ``(FEB 1996)'' and by removing all the text in the last sentence
after the phrase ``reject the supplies'' and inserting a period after
the word ``supplies''.
552.210-74 [Redesignated as 552.211-70]
39. Section 552.211-70 is removed, section 552.210-74 is
redesignated as 552.211-70, the introductory paragraph is amended by
removing ``510.011(d)'' and inserting ``48 CFR 511.170(c)'' and by
revising the date of the clause to read ``(FEB 1996)''.
552.210-75 [Redesignated as 552.211-73]
40. Section 552.210-75 is redesignated as 552.211-73, the
introductory paragraph is amended by removing ``510.011(e)'' and
inserting
[[Page 6170]]
``48 CFR 511.204(c)'' and by revising the date of the clause to read
``(FEB 1996)''.
552.210-76 [Redesignated as 552.211-74 and amended]
41. Section 552.210-76 is redesignated as 552.211-74, the
introductory paragraph is amended by removing ``510.011(f)'' and
inserting ``48 CFR 511.204(d)'', by revising the date of the clause to
read ``(FEB 1996)'', and by removing ``552.210-75'' from the text of
the clause and inserting ``48 CFR 552.211-73''.
552.210-77 [Redesignated as 552.211-75 and amended]
42. Section 552.211-77 is redesignated as 552.211-75, the
introductory paragraph is amended by removing ``510.011(g)'' and
inserting ``48 CFR 511.204(e)'' and by revising the date of the clause
to read ``(FEB 1996)''.
552.210-78 [Redesignated as 552.211-76 and amended]
43. Section 552.210-78 is redesignated as 552.211-76, the
introductory paragraph is amended by removing ``510.011(h)'' and
inserting ``48 CFR 511.204(f)'' and by revising the date of the clause
to read ``(FEB 1996)''.
552.210-79 [Redesignated as 552.211-77 and amended]
44. Section 552.210-79 is redesignated as 552.211-77, the
introductory paragraph is amended by removing ``510.011(i)'' and
inserting ``48 CFR 511.204(g)'' and by revising the date of the clause
to read ``(FEB 1996)''.
45. Section 552.211-78 is added to read as follows:
552.211-78 Commercial Delivery Schedule (Multiple Award Schedule).
As prescribed in 48 CFR 511.404(a)(2), insert the following clause:
Commercial Delivery Schedule (Multiple Award Schedule) (Feb 1996)
(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 commercial
practice. The Government requires the Contractor's normal commercial
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:
----------------------------------------------------------------------------------------------------------------
Items or group of items (special Government's stated delivery time Contractor's normal commercial
item No. or nomenclature) (days ARO) delivery time
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
(b) Expedited Delivery Times. For those items that can be
delivered quicker than the delivery times in paragraph (a), above,
the Offeror is requested to insert below, a time (hours/days ARO)
that delivery can be made when expedited delivery is requested.
------------------------------------------------------------------------
Item or group of items (special Expedited delivery time (hours/days
item No. of nomenclature) 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)
Sec. 552.212-1 [Redesignated as 552.211-1 and amended]
46. Section 552.212-1 is redesignated as 552.211-1, paragraph (a)
is amended by removing the paragraph designation ``(a)'' and by
removing ``512.104(a)(1)'' and inserting ``48 CFR 511.404(a)(1)'', by
revising the date of the clause and the Alternate I to read ``(FEB
1996)'' and by removing paragraph (b).
Sec. 552.212-70 [Redesignated as 552.211-81 and amended]
47. Section 552.212-70 is redesignated as 552.211-81, the
introductory paragraph is amended by removing ``512.104(a)(3)'' and
inserting ``48 CFR 511.404(a)(4)'' and by revising the date of the
basic clause and the Alternate I clause to read ``(FEB 1996)''.
Sec. 552.212-71 [Redesignated as 552.211-82 and amended]
48. Section 552.212-71 is redesignated as 52.211-82, the
introductory paragraph is amended by removing ``512.104(a)(4)'' and
inserting ``48 CFR 511.404(a)(5)'' and by revising the date of the
clause to read ``(FEB 1996)''.
Sec. 552.212-72 [Redesignated as 552.211-83 and amended]
50. Section 552.212-72 is redesignated as 552.211-83, the
introductory paragraph is amended by removing ``512.104(a)(5)'' and
inserting ``48 CFR 511.404(a)(6)'' and by revising the date of the
basic and alternate clause to read ``(FEB 1996)''.
Sec. 552.212-74 [Redesignated as 552.211-84 and amended]
51. Section 552.212-74 is redesignated as 552.211-84, the
introductory paragraph is amended by removing ``512.104(b)'' and
inserting 48 CFR 511.404(b)'' and by revising the date of the clause to
read ``(FEB 1996)''.
52. Section 552.212-70 is added to read as follows:
552.212-70 Preparation of Offer (Multiple Award Schedule)
As prescribed in 48 CFR 512.301(a)(1), insert the following clause:
552.212-70 Preparation of Offer (Multiple Award Schedule) (Feb 1996)
(a) Definitions. Concession, as used in this solicitation, means
a benefit, enhancement or privilege (other than a discount), which
either reduces the overall costs of a customer's acquisition or
encourages a customer to consummate a purchase. Concessions include,
but are not limited to freight allowance, extended warranty,
extended price guarantees, free installation and bonus goods.
Discount, as used in this solicitation, means a reduction to
catalog prices (published or unpublished). Discounts include, but
are not limited to, rebates, quantity discounts, purchase option
credits, and any other terms or conditions which reduce the amount
of money a customer ultimately pays for goods or services ordered or
received. Any net price lower than the list price is considered a
``discount'' by the percentage difference from the list price to the
net price.
(b) For each Special Item Number (SIN) included in an offer, the
Offeror shall provide the information outlined in paragraph (c).
Offerors may provide a single response
[[Page 6171]]
covering more than one SIN, if the information disclosed is the same
for all products under each SIN. If discounts and concessions vary
by model or product line, offerors shall ensure that information is
clearly annotated as to item or items referenced.
(c) Provide information described below for each SIN:
(1) Two copies of the offeror's current published (dated or
otherwise identified) commercial descriptive catalogs and/or price
list(s) from which discounts are offered. Special catalogs or price
lists printed for the purpose of this offer, showing only net prices
to the Government or references to previous submissions, are not
acceptable.
(2) Next to each offered item in the commercial catalog and/or
price list, the Offeror shall write the special item number under
which the item is being offered. All other items shall be marked
``excluded,'' lined out, and initialed by the offeror.
(3) The discount(s) offered under this solicitation.
(4) A description of any additional discounts offered, such as
prompt payment discounts, quantity/dollar volume discounts (indicate
whether models/products can be combined within the SIN or whether
SINs can be combined to earn discounts, blanket purchase agreement
discounts, or purchase option credits. If the terms of sale
appearing in the commercial catalogs or price list on which an offer
is based are in conflict with the terms of this solicitation the
latter shall govern.
(5) A description of concessions offered under this solicitation
which are not granted to other customers. Such concessions may
include, but are not limited to, an extended warranty, a return/
exchange goods policy, or enhanced or additional services.
(6) If the Offeror is a dealer/reseller or the Offeror will use
dealers to perform any aspect of contract awarded under this
solicitation, describe the functions, if any, that the dealer/
reseller will perform.
(End of Provision)
53. Section 552.212-71 is added to read as follows:
Sec. 552.212-71 Contract terms and conditions applicable to GSA
acquisition of commercial items.
As prescribed in 48 CFR 512.301(a)(2), insert the following
provision:
Contract Terms and Conditions Applicable to GSA Acquisition of
Commercial Items (Feb 1996)
The Contractor agrees to comply with any provision or clause
that is incorporated herein by reference to implement agency policy
applicable to acquisition of commercial times or components. The
provision or clause in effect based on the applicable regulation
cited on the date the solicitation is issued applies unless
otherwise stated herein. The following provisions and clauses are
incorporated by reference:
[The contracting officer should either check the clauses that apply
or delete the clauses that do not apply from the list. The
contracting officer may add the date of the clause if desired for
clarity.]
--552.203-70 Restriction on Advertising
--552.211-73 Marking
--552.215-70 Examination of Records by GSA
--552.212-71 Examination of Records by GSA (Multiple Award
Schedule)
--552.25-72 Price Adjustment for Incomplete, Not Current or
Inaccurate Information Other Than Cost or Pricing Data
--552.219-71 Allocation of Orders--Partially Set-Aside Items
--552.228-75 Workmen's Compensation
--552.229-70 Federal, State, and Local Taxes
--552.232-8 Discounts for Prompt Payment
--552.232-23 Assignment of Claims
--552.232-70 Payments by Electronic Funds Transfer
--552.232-77 Availability of Funds
--552.232-78 Adjusting Payments
--552.232-79 Final Payment
--552.237-70 Qualifications of Offerors
--552.237-71 Qualifications of Employees
--552.238-72 Contractor's Report of Sales
--552.238-74 Submission and Distribution of Authorized FSS Schedule
Price List
--552.238-76 Price Reductions
--552.242-70 Status Report of Orders and Shipments
--552.243-72 Modifications (Multiple Award Schedule)
--552.246-73 Warranty--Multiple Award Schedule
--552.246-76 Warranty of Pesticides
(End of Provision)
54. Section 552.212-72 is added to read as follows:
552.212-73 Contract terms and conditions required to implement
statutes or Executive Orders applicable to GSA acquisition of
commercial items.
As prescribed in 48 CFR 512.301(a)(3), insert the following
provision:
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders Applicable to GSA Acquisition of Commercial Items (Feb
1996)
The Contractor agrees to comply with any provision or clause
that is incorporated herein by reference to implement provisions of
law or Executive Orders applicable to acquisition of commercial
items or components. The provision or clause in effect based on the
applicable regulation cited on the date the solicitation is issued
applies unless otherwise stated herein. The following provisions and
clauses are incorporated by reference:
[The contracting officer should either check the clauses that apply
or delete the clauses that do not apply from the list. The
contracting officer may add the date of the clause if desired for
clarity.]
--552.223-70 Hazardous Substances
--552.223-71 Hazardous Material Information
--552.223-72 Nonconforming Hazardous Material
--552.225-70 Buy American Act--Hand or Measuring Tools or Stainless
Steel Flatware
--552.225-71 Notice of Procurement Restriction--Hand or Measuring
Tools or Stainless Steel Flatware
--552.238-70 Identification of Electronic Office Equipment
Providing Accessibility for the Handicapped
--552.238-75 Identification of Energy-Efficient Office Equipment
and Supplies Containing Recovered Materials or Other Environmental
Attributes
--552.238-77 Industrial Funding Fee
(End of Clause)
55. Section 552.212-73 is added to read as follows:
552.212-73 Evaluation--Commercial Items (Multiple Award Schedule).
As prescribed in 48 CFR 512.301(a)(4), insert the following
provision:
552.212-73 Evaluation--Commercial Items (Multiple Award Schedule) (Feb
1996)
(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. Award is to be
based upon a catalog or market price exception (FAR 15.804-1(a) (i)
and (ii)) to the requirement for cost or pricing data or if other
exceptions are not available, an exception for commercial items (FAR
15.804-1(a)(2)), without submission of cost or pricing data. 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. In exceptional
circumstances, if an item does not qualify for an exception from
cost or pricing data requirements, the contracting officer may
consider cost or pricing data if pricing cannot be reasonably
evaluated without it, and procurement of the item is the best
interest of the Government.
(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)
[[Page 6172]]
Alternate I (FEB 1996)
When anticipating competition of identical items, add the
following paragraph after paragraph (b) of the basic provision.
(c) The Government reserves the right to award only one contract
for all or part of a manufacturer's product line. When two or more
offerors (e.g., dealer/resellers) offer the identical product, award
may be made competitively to only one offeror on the basis of the
lowest price. (Discounts for early payment will not be considered as
an evaluation factor in determining the low offeror). During initial
open season for an option period, any offers that are equal to or
lower than the current contract price received for identical items
will be considered. Current contractors will also be allowed to
submit offers for identical items during this initial open season.
The current contractor which has the identical item on contract will
be included in the evaluation process. The Government will evaluate
all offers and may award only one contract for each specified
product or aggregate group.
56. Section 552.215-70 is amended by revising the date of the
clause and the last sentence of the clause to read as follows:
552.215-70 Examination of records by GSA.
* * * * *
Examination of Records by GSA (Feb 1996)
* * * * *
The term ``subcontract'' as used in this clause excludes (a)
purchase orders not exceeding $100,000 and (b) subcontracts or purchase
orders for public utility services at rates established for uniform
applicability to the general public.
57. Section 552.215-71 is added to read as follows:
552.215-71 Examination of records by GSA (Multiple Award Schedule).
As prescribed in 48 CFR 515.106-70, insert the following clause:
Examination of Records by GSA (Multiple Award Schedule) (Feb 1996)
The Contractor agrees that the Administrator of General Services
or any duly authorized representative shall, until the expiration of
2 years after the end of the basic contract period or after the end
of the option period for any option periods, 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 the Price Reduction
clause and compliance with the Industrial Funding Fee clause of this
contract. This right is in addition to the right to examine
information provided by FAR 52.215-41 (Alt IV) and FAR 52.215-43, if
applicable)
(End of Clause)
58. Section 552.215-72 is added to read as follows:
552.215-72 Price adjustment for incomplete, not current or inaccurate
information other than cost or pricing data.
As prescribed in 48 CFR 515.804-6(d), insert the following clause:
Price Adjustment for Incomplete, not Current or Inaccurate Information
Other Than Cost or Pricing Data (Feb 1996)
(a) If, subsequent to the award of any contract resulting from
this solicitation or modification of this contract, it is found that
any price negotiated in this contract was increased by a significant
amount because of the occurrence of (1), (2) or (3) below, the
contract price shall be reduced by such amount of the increase.
(i) The information requested by the Government and submitted by
the offeror (contractor) was not complete; or
(2) The information submitted was not current and accurate; or
(3) Changes in the Contractor's commercial prices, discounts or
discount policies which occurred after the original submission were
not disclosed prior to the completion of negotiations.
(b) The Government will consider information submitted to be
current, accurate and complete if the data is current, accurate and
complete as of 14 calendar days prior to the solicitation closing
date or the date it is submitted whichever is later. Failure to
agree on the amount of the decrease shall be resolved as a dispute.
(End of Clause)
552.216-71 [Amended]
59. Section 552.216-71 is amended by revising the date of the
clause to read ``FEB 1996'' and amending paragraph (d)(2) by removing
``Discount Schedule and Marketing Data'' and inserting ``Commercial
Sales Price format.''
552.238-74 [Amended]
60. Section 552.238-74 is amended by removing ``GSA'' in the
section heading, clause heading, paragraphs (b), (c)(1)(i), (c)(1)(ii),
(c)(2)(i) and (e) and inserting ``FSS'' and by revising the date of the
clause to read ``(FEB 1996)''.
61. Section 552.243-72 is added to read as follows:
552.243-72 Modifications (Multiple Award Schedule).
As prescribed in 48 CFR 543.205(c), insert the following clause:
552.243-72 MODIFICATIONS (MULTIPLE AWARD SCHEDULE) (FEB 1996)
(a) General. The Contractor may request a contract modification
by submitting a request to the Contracting Officer for approval,
except as noted in paragraph (e) of this clause. A separate request
should be submitted for each type of proposed modification. 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 SIN's. When requesting
additions, the following information must be submitted:
(i) A request for an exemption from the requirement to submit
cost and pricing data as required by 52.215-41 (ALT IV) shall be
provided. To add items, submit the information requested in
paragraph 1(a) of the Commercial Sales Format. To add SIN's provide
the information requested in paragraph (1) and (2) of the Commercial
Sales Practice Format.
(ii) Discount information for the new item(s) or new SIN(s) as
required by 52.215-41 (ALT IV) must be provided. 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 new SIN(s) as
described in 552.212-70, Preparation of Offer (Multiple Award
Schedule) is required.
(iv) Delivery time(s) for the new item(s) or the item(s) under
the new SIN(s) must be submitted in accordance with 552.211-78,
Commercial Delivery Schedule (Multiple Award Schedules).
(v) Production point(s) for the new item(s) or the item(s) under
the new SIN(s) must be submitted if required by 52.215-20, Place of
Performance.
(vi) Hazardous Material information (if applicable) must be
submitted as required by 52.223-3 (ALT I), Hazardous Material
Identification and Material Safety Data; and 552.223-71, Hazardous
Material Information; and as requested by the Separate Charge for
Performance Oriented Packaging clause of this contract, if
applicable.
(vii) Recovered Material estimate(s) and certification (if
applicable) must be submitted as required by 52.223-8 (or 52.223-8
(ALT I) or 52.223-8 (ALT II), Estimate of Percentage of Recovered
Material for Designated Items to be used in the Performance of the
Contract; and 52.223-9, Certification of Recovered Material Content
for EPA Designated Items used in Performance of the Contract.
(viii) A statement that the request for additional item(s) or
item(s) under the new SIN(s) is in compliance with 552.225-9, Trade
Agreements Act, and 552.225-8, Trade Agreements Act Certificate is
required.
(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
subparagraph (c)(1) of the Price Reduction clause at 552.238-76. If
the price reduction falls under item (i) or (ii), the Contractor
shall submit a copy of the dated commercial price list. If the price
reduction falls under item (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.
[[Page 6173]]
(4) Revision of Commercial Price List. The Contractor may
request a modification to substitute a new catalog or price list for
the one originally submitted if, after award and no later than 30
calendar days before the start of the schedule contract period, the
Contractor changes its established commercial catalog or price list
on which the contract was awarded. The new catalog or price list
shall be submitted to the Contracting Officer along with a statement
that (i) the new commercial price list is or will be in effect prior
to the start of the contract period, and (ii) the discount(s)
offered to the Government remain at the same ratio to those
available to the customer (or category of customer) which was the
basic of award.
(c) Effective dates. The effective date of any modification is
the date specified in the modification, except as otherwise provided
in the Price Reduction clause at 552.238-76.
(d) Electronic file updates. The Contractor shall update
electronic file submissions to reflect all modifications. Except for
price reductions and corrections, the Contractor shall obtain the
contracting officer's approval before transmitting changes. Contract
modifications will not be made effective until updates to electronic
files are received. Price reductions and correction may be
transmitted without prior approval. However, the contracting officer
shall be notified as set forth in the Price Reduction clause at
552.238-76.
(e) Amendments to paper Federal Supply Schedule Price Lists. The
Contractor shall distribute a supplemental paper Federal Supply
Schedule Price List reflecting accepted changes within 15 days after
the effective date of the modification. At a minimum, distribution
shall be made to these ordering activities that previously received
the basic document. In addition, two copies of the supplemental
price list shall be submitted to the contracting officer, and one
copy shall be submitted to the FSS Schedule Information Center.
(End of Clause)
Alternate I (Feb 1996)
Substitute the following introductory text in subparagraph (1)
for the introductory text in subparagraph (1) of the basic clause.
(1) Additional items/additional SIN's. Consideration for adding
new items or new SIN's will be given 3 months into the contract
period. After then, the contractor may request additions at any
time. When requesting additions the following information must be
submitted.
62. Section 552.246-73 is amended by revising the date of the
clause and the basic clause to read as follows:
552.246-73 Warranty--Multiple Award Schedule.
* * * * *
Warranty--Multiple Award Schedule (Feb 1996)
Unless specified otherwise in this contract, the Contractor's
standard commercial warranty as stated in the Contractor's
commercial price list will apply to this contract.
(End of Clause)
552.253-70 [Removed]
63. Section 552.253-70 is removed.
PART 570--ACQUISITION OF LEASEHOLD INTERESTS IN REAL PROPERTY
570.308-2 [Amended]
64. Section 570.308-2 is amended in paragraph (c) by removing ``and
515.804-3'' at the end of the sentence.
570.602-2 [Amended]
65. Section 570.602-2 is amended in paragraphs (c)(3) and (d) by
removing ``and 515.804-3''.
Dated: February 6, 1996.
Ida M. Ustad,
Deputy Associate Administrator for Acquisition Policy.
[FR Doc. 96-3593 Filed 2-15-96; 8:45 am]
BILLING CODE 6820-61-M
