97-22145. General Services Administration Acquisition Regulation; Small Entity Compliance Guide

[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Rules and Regulations]
[Page 44526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22145]



[[Page 44526]]

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GENERAL SERVICES ADMINISTRATION

48 CFR Chapter V


General Services Administration Acquisition Regulation; Small 
Entity Compliance Guide

AGENCY: Office of Acquisition Policy, GSA.

ACTION: Small Entity Compliance Guide.

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SUMMARY: This Small Entity Compliance Guide has been prepared in 
accordance with Section 212 of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121). It summarizes 
Change 76 which amended the General Services Administration Acquisition 
Regulation (GSAR) concerning the Multiple Award Schedule (MAS) program. 
Further information regarding the change may be obtained by referring 
to Change 76 which precedes this notice.

FOR FURTHER INFORMATION CONTACT:
Marjorie Ashby, GSA Acquisition Policy Division, [phone].

SUPPLEMENTARY INFORMATION: This final rule adopts the interim rule 
which amended the GSAR as a final rule with changes. The interim rule 
was published in the Federal Register on February 16, 1996, at (61 FR 
6164). The final rule affects both GSA contracting personnel and 
commercial entities submitting offers under the MAS program.
    The following is a summary of the most significant provisions of 
the final rule as it applies to the Multiple Award Schedule (MAS) 
program:
     GSA will continue to seek to obtain the offeror's best 
price (the best price given to the most favored customer).
     The Government recognizes that conditions may exist where 
terms, conditions, and provisions of the Government contract may differ 
substantially from those of the offeror's commercial customers and 
there may be legitimate reasons why the best price is not achieved.
     In most cases, the Government will no longer have post-
award audit rights for information provided during negotiations 
relating to price, but retains post-award audit authority in order to 
ensure compliance with the Price Reduction and Industrial Funding Fee 
clauses of the contract and to identify overbillings and billing 
errors.
     GSA's Office of Inspector General maintains independent 
authority under the Inspector General Act.
     The Price Reduction Clause will continue to apply.
    The final rule stipulates that offerors responding to an MAS 
solicitation must:
     Complete the Commercial Sales Practices Format to disclose 
written discounting policies or standard discounting practices and 
sales information relative to the products/services being offered to 
the Government. The Format replaces the previously used ``Discount 
Schedule and Marketing Data'' sheets.
     Discuss deviations from written discounting policies or 
standard discounting practices.
     If requested by the contracting officer, provide 
additional information necessary for the Contracting Officer to 
establish whether the offered price is fair and reasonable.
     Ensure that any data submitted is current, accurate, and 
complete.
     Submit two copies of their current published commercial 
catalog and/or price list, annotated as defined to indicate what is and 
is not being offered to the Government.
     Describe all discounts and concessions offered to the 
Government.
     If a dealer or if dealers will participate in the 
contract, describe the functions to be performed by the dealers.
     Agree to make available to GSA's Administrator or 
authorized representative any books, documents, papers, or records 
involving transactions related to a resulting contract for 
overbillings, billing errors, and compliance with the Price Reduction 
and Industrial Funding Fees Clauses.

    Dated: August 15, 1997.
Ida M. Ustad,
Deputy Associate Administrator for Acquisition Policy.
[FR Doc. 97-22145 Filed 8-20-97; 8:45 am]
BILLING CODE 6820-61-M