General Services Administration

Vol. 79 Wednesday, No. 175 September 10, 2014

Part III

48 CFR Parts 515, 538, and 552 General Services Administration Acquisition Regulation; Federal Supply Schedule Contracting (Administrative Changes); Proposed Rule

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GENERAL SERVICES Submit comments by searching for 552, Solicitation Provisions and ADMINISTRATION ‘‘GSAR Case 2013–G502’’. Select the Contract Clauses. link ‘‘Comment Now’’ and follow the GSAR Part 538 will be amended to 48 CFR Parts 515, 538, and 552 instructions provided at the ‘‘You are include MAS policies contained in FAS commenting on’’ screen. Please include Acquisition Letters (ALs) and [GSAR Case 2013–G502; Docket 2014–0009; your name, company name (if any), and Instructional Letters (ILs). Bringing Sequence 1] ‘‘GSAR Case 2013–G502’’, on your these policies into the GSAM will allow attached document. for greater transparency and an RIN 3090–AJ41 • Fax: 202–501–4067. • opportunity for the public to comment Mail: U.S. General Services on these longstanding procedures. General Services Administration Administration, Regulatory Secretariat The proposed changes included in Acquisition Regulation; Federal Supply Division (MVCB), 1800 F Street, NW., this rulemaking are as follows: Schedule Contracting (Administrative 2nd Floor, ATTN: Hada Flowers, Changes) Washington, DC 20405–0001. 1. GSAR 538.273 is restructured to be Instructions: Please submit comments more consistent with the formation of AGENCY: Office of Acquisition Policy, only and cite GSAR Case 2013–G502 in Federal Supply Schedule (FSS) General Services Administration. all correspondence related to this case. solicitations and contracts. The previous ACTION: Proposed rule with request for All comments received will be posted structure of GSAR 538.273 was based comments. without change to http:// upon whether the FSS was single-award www.regulations.gov, including any or multiple-award. A more practical SUMMARY: The General Services personal and/or business confidential structure outlines where each provision Administration (GSA) is proposing to information provided. or clause shall be located in FSS amend the General Services solicitations and contracts (e.g., as an Administration Acquisition Regulation FOR FURTHER INFORMATION CONTACT: Ms. Dana Munson, General Services addendum to FAR clause 52.212–1 or (GSAR) to clarify and update the 52.212–4). contracting by negotiation GSAR section Acquisition Policy Division, GSA, 202– 357–9652 or email Dana.Munson@ 2. Thirty five (35) new FSS-specific and incorporate existing Federal Supply clauses and provisions, previously Schedule Contracting policies and gsa.gov, for clarification of content. For information pertaining to status or implemented through internal FAS procedures, and corresponding policy and currently in FSS solicitations provisions and clauses. publication schedules, contact the Regulatory Secretariat at 202–501–4755. and contracts will be incorporated into DATES: Interested parties should submit Please cite GSAR Case 2013–G502. GSAR parts 538 and 552. Bringing these written comments to the Regulatory SUPPLEMENTARY INFORMATION: clauses and provisions into the GSAM Secretariat on or before November 10, allows for greater transparency, and 2014 to be considered in the I. Background consolidates all regulations into one formulation of a final rule. GSA is proposing to amend the area, while updating administrative ADDRESSES: Submit comments General Services Administration information to ensure currency and identified by GSAR Case 2013–G502, Acquisition Regulation (GSAR) to consistency within the FSS program. Federal Supply Schedule Contracting update the text addressing GSAR part This also allows the public an (Administrative Changes), by any of the 515, Contracting by Negotiation, GSAR opportunity to comment on these following methods: part 538, Federal Supply Schedule longstanding procedures. The thirty-five • Regulations.gov: http:// Contracting, and corresponding (35) new clauses, prescriptions, and a www.regulations.gov. provisions and clauses in GSAR part brief description are as follows:

Description/Purpose of the provision/ New # New name Prescription Clause

552.238–82 ...... Delivery Schedule ...... Use only in FSS solicitations and con- This clause provides to the Offeror the tracts for supplies. requirement to address normal commercial delivery times in its offer. 552.238–83 ...... GSA Advantage! ...... Use in all FSS solicitations and con- This clause outlines to the Contractor tracts except the Department of Vet- that it must participate in the GSA erans Affairs Federal Supply Sched- Advantage!® online shopping service. ules. This clause is not applicable to the Department of Veterans Affairs. 552.238–84 ...... Cover Page for Worldwide Federal Sup- Use in all FSS solicitations. Use Alter- This provision notifies the Offeror of the ply Schedules. nate I for single award Federal Sup- industry and types of products/serv- ply Schedules. ices being solicited. 552.238–85 ...... Significant Changes ...... Use in all supply and service solicitation This provision outlines to Offerors the refreshes containing revisions since most recent solicitation revisions the previous posting to the Govern- since its previous posting to the Gov- ment’s point of entry. ernment’s point of entry. 552.238–86 ...... Notice of Total Small Business Set- Use in supply and service solicitations This provision notifies small business Aside. containing special item numbers Offerors which Special Item Numbers (SINs) that are set aside for small (SINs) are set aside. business. 552.238–87 ...... Information Collection Requirements ..... Use in all FSS solicitations. This provision informs Offerors that only required regulations are contained in the solicitation.

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Description/Purpose of the provision/ New # New name Prescription Clause

552.238–88 ...... Notice: Requests for Explanation or In- Use in all FSS solicitations. This provision contains the contact information and Hours of Operation. formation to address questions regarding the solicitation and the hours of operation. 552.238–90 ...... Introduction of New Supplies/Services Use only in FSS solicitations allowing This provision notifies offerors of the (INSS). the introduction of new supplies/serv- method to propose new services or ices. Note: GSA Form 1649, Notifica- supplies not covered by the Sched- tion of Federal Supply Schedule Im- ule. provement, may be required if revising a Special Item Number (SIN). 552.238–91 ...... Authorized Negotiators ...... Use in all FSS solicitations. This provision ensures only authorized personnel represent the contractor. 552.238–93 ...... Use of Non-Government Employees to Use only in FSS solicitations when non- This provision provides notification to Review Offers. government employees may be uti- Offerors that non-government em- lized to review solicitation responses. ployees may be utilized to review their solicitation response. 552.238–94 ...... Examination of Records by GSA (Fed- Use in all FSS solicitations and con- This clauses notifies the Offeror that eral Supply Schedule). tracts. GSA shall have access to and the right to examine any books, documents, papers, and records involving transactions related to its FSS contract. 552.238–99 ...... Deliveries to the U.S. Postal Service .... Use only in FSS solicitations and con- This clause provides requirements for tracts for mailable articles when deliv- the delivery of mailable articles delivery to a U.S. Postal Service (USPS) ered direct to a USPS facility. The facility is contemplated. clause ensures the use of the USPS to reduce unnecessary costs of shipping. 552.238–100 ...... Characteristics of Electric Current ...... Use only in FSS solicitations and con- This clause requires the contractor to tracts when the supply of equipment provide equipment with electrical cur- which uses electrical current is con- rents suitable for the location in which templated. the equipment is to be used, as specified on the order. 552.238–101 ...... Marking and Documentation Require- Use only in FSS solicitations and con- This clause defines the responsibility of ments for Shipping. tracts for supplies when the need for ordering activities and contractors for outlining the minimum information the marking and documentation of and documentation required for ship- shipping information. ping is contemplated. 552.238–102 ...... Inspection ...... Use only in FSS solicitations and con- This clause informs contractors that tracts when all items are to be in- items are to be inspected at a des- spected at a destination by a Govern- tination by an authorized Government ment representative. Use Alternate I representative. Alternate I includes when it is anticipated that additional terms and conditions regarding re- terms and conditions regarding responsibility for rejected supplies and sponsibility for rejected supplies and additional costs for inspection and additional costs for inspection and testing. testing are required. 552.238–103 ...... Vendor Managed Inventory (VMI) Pro- Use only in FSS solicitations and con- This clause allows Contractors that gram (MAS). tracts for supplies when a VMI Pro- commercially provide a VMI type sys- gram is contemplated. tem to enter into similar partnerships with customers under a Blanket Pur- chase Agreements. 552.238–104 ...... Order Acknowledgement ...... Use only in FSS solicitations and con- This clause requires Contractors to ac- tracts for supplies. knowledge 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. 552.238–105 ...... Urgent Requirements ...... Use only in FSS solicitations and con- This clause assists with ordering activi- tracts for supplies. ties to receive accelerated delivery when the FSS contract delivery period does not meet the bona fide urgent delivery requirements of an ordering activity. 552.238–106 ...... Post-Award Samples ...... Use only in FSS solicitations and con- This clause instructs the Contractor of tracts for the acquisition of carpet. submission requirements.

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Description/Purpose of the provision/ New # New name Prescription Clause

552.238–107 ...... Restriction on the Acceptance of Orders Use only in FSS solicitations and con- This clause sets restrictions on orders tracts for electrostatic copying equip- and deliveries in connection with the ment, supplies (toner, developer, United States Navy and the Military fuser oil) for such equipment, repair Sealift Command. or replacement parts for such equipment, and maintenance or repair service for such equipment. 552.238–108 ...... Separate Charge for Performance Ori- Use only in FSS solicitations and con- This clause ensures both parties, con- ented Packaging (POP). tracts for items defined as hazardous tractors and ordering activities, are under Federal Standard No. 313. aware of a separate charge for preservation, packaging, packing and marking and labeling of domestic and overseas HAZMAT SURFACE SHIP- MENTS. 552.238–109 ...... Additional Service Charge for Delivery Use only in FSS solicitations and con- This clause ensures both parties, con- Within Consignee’s Premises. tracts for supplies when allowing tractors and ordering activities, are offerors to propose separate charges aware of a separate charges for de- for deliveries within the consignee’s liveries within the consignee’s prem- premises. ises. 552.238–110 ...... Shipping Points ...... Use only in FSS solicitations and con- This clause instructs the Offeror to pro- tracts for supplies when F.O.B. Origin vide shipping information, inclusive of shipments are contemplated. carrier and address, for F.O.B. Origin shipments. 552.238–111 ...... Contact for Contract Administration ...... Use in all FSS solicitations and con- This clause instructs Offerors to provide tracts. points of contact for domestic and/or overseas contact information for contract administration. 552.238–112 ...... Clauses for Overseas Coverage ...... Use only in FSS solicitations and con- This clause ensures all applicable over- tracts when overseas acquisition is seas clauses are included in the so- contemplated. The following clauses licitation and contract. and provisions shall also be inserted in full text, when applicable. 552.238–113 ...... Parts and Service ...... Use in all FSS solicitations and con- This clause is used to ensure that the tracts. parts and services (including the performance of warranty or guarantee service) submitted by Offerors (dealers/distributors) is good for the entire contract period. 552.238–114 ...... Delivery Prices Overseas ...... Use only in FSS solicitations and con- This clause is for use for F.O.B. Des- tracts when overseas acquisition is tination in overseas deliveries to en- contemplated. sure that all parties are aware of delivery terms. 552.238–115 ...... Transshipments ...... Use in all FSS solicitations and con- This clause states the terms and condi- tracts. tions for transshipments, and provides information to contractors with the necessary Department of Defense forms. 552.238–116 ...... Foreign Taxes and Duties ...... Use only in FSS solicitations and con- This clause delineates which fees, tracts when overseas acquisition is taxes and other foreign governmental contemplated. costs are exempt/non-exempt by the U.S. Government. 552.238–117 ...... English Language and U.S. Dollar Re- Use in all FSS solicitations and con- This clause is used to instruct Contrac- quirements. tracts. tors that all documents shall be produced in the English language, including, but not limited to, price lists and catalogs. 552.238–118 ...... Delivery Prices ...... Use in all FSS solicitations and con- This clause ensures all parties are tracts. aware of the delivery terms of the contract. 552.238–119 ...... Federal Excise Tax ...... Use only in FSS solicitations and con- This clause instructs ordering activities tracts for tire and tube acquisitions. on the procedures for invoicing the Federal Excise Tax, and requires contractors to quote this tax separately. 552.238–120 ...... Guarantee ...... Use only in FSS solicitations and con- This clause outlines the guarantee af- tracts for major appliances. forded to the Government for a period of one year from the date of delivery. 552.238–121 ...... Electronic Commerce ...... Use in all FSS solicitations and con- This clause outlines the use of elec- tracts except the Department of Vet- tronic commerce/data interchange to erans Affairs Federal Supply Sched- conduct contract processes and pro- ules. cedures.

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Description/Purpose of the provision/ New # New name Prescription Clause

552.238–122 ...... Imprest Funds (Petty Cash) ...... Use in all FSS solicitations and con- This clause outlines to the Contractor tracts. that it agrees to accept cash payment for purchases under the terms of the contract in accordance with FAR 13.305. 552.238–123 ...... Dissemination of Information by Con- Use in all FSS solicitations and con- This clause provides to the Contractor tractor. tracts. the responsibility of distributing Au- thorized Federal Supply Schedule Price Lists to all authorized sales outlets. 552.238–124 ...... Deliveries Beyond the Contractual Pe- Use only in FSS solicitations and con- This clause allows orders to be proc- riod—Placing of Orders. tracts for supplies. essed if they were received prior to the expiration of the contract. 552.238–125 ...... Interpretation of Contract Requirements Use in all FSS solicitations and con- This indicates that only written clarifica- tracts. tions regarding interpretation of contract clauses may only be made by the Contracting Officer or his/her designated representative. 552.238–126 ...... Export Traffic Release (Supplies) ...... Use in FSS solicitations and contracts This clause informs contractors of the for supplies, except vehicles. requirements for exporting items under the contract. 552.238–127 ...... Export Traffic Release (Vehicles) ...... Use only in FSS solicitations and con- This clause informs contractors of the tracts for vehicles. requirements for exporting vehicles under the contract. 552.238–128 ...... Carload Shipments ...... Use only in FSS solicitations and con- This clause provides the requirements tracts for vehicles. to ship cars by rail. 552.238–129 ...... Spare Parts Kit ...... Use only in FSS solicitations and con- This clause ensures requirements for tracts for items requiring spare part spare part kits are understood by all kits. parties. 552.238–130 ...... Authentication Supplies and Services ... Use in Federal Supply Schedule 70 so- This clause outlines requirements for licitations only, and only contracts the Homeland Security Presidential awarded Special Item Numbers Directive 12 (HSPD–12). (SINs) associated with the Homeland Security Presidential Directive 12 (HSPD–12). 552.238–131 ...... Commercial Satellite Communication Use only in FSS solicitations and con- This clause provides minimum require- (COMSATCOM) Services. tracts for COMSATCOM services. ments for COMSATCOM services. 552.238–132 ...... Environmental Protection Agency Reg- Use only in FSS solicitations and con- This clause ensures items in FSC istration Requirement. tracts for supplies when items may Group 68 items (insecticides, etc.) require registration with the Environ- are properly registered with EPA. mental Protection Agency.

3. Prescriptions for the following seven (7) existing clauses are updated to reflect current practices:

Description/Purpose of the provision/ Clause Name Prescription Clause

552.238–70 ...... Identification of Electronic Office Equip- Use only in FSS solicitations for elec- This clause instructs the Offeror to iden- ment Providing Accessibility for the tronic office equipment. tify accessible electronic office equip- Handicapped. ment included in its proposal. 552.238–71 ...... Submission and Distribution of Author- Use in all FSS solicitations and con- This clause instructs the Offeror on how ized Federal Supply Schedule (FSS) tracts. and when to submit and distribute its Price Lists. authorized FSS pricelists. 552.238–72 ...... Identification of Products that have En- Use only in FSS solicitations and con- This provision instructs the Offeror to vironmental Attributes. tracts that contemplate items with en- identify products included in its pro- vironmental attributes. posal that have environmental attributes. 552.238–73 ...... Cancellation ...... Use in all FSS solicitations and con- This clause provides instructions to the tracts. Offeror on cancelling its FSS contracts. 552.238–74 ...... Industrial Funding Fee and Sales Re- Use in all FSS solicitations and con- This clause provides instructions to the porting. tracts. Offeror on submitting the IFF. 552.238–75 ...... Price Reductions ...... Use in all FSS solicitations and con- This clause outlines the evaluation tracts. methodology triggering the PRC. Use in all FSS solicitations and contracts. Use Alternate I in solicitations and contracts for— (i) Federal Supply Schedule 70;

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Description/Purpose of the provision/ Clause Name Prescription Clause

(ii) The Consolidated Schedule containing information technology Special Item Numbers; (iii) Federal Supply Schedule 84; and (iv) Federal Supply Schedules for recovery purchasing (see 538.7102). 552.238–81 ...... Modifications (Federal Supply Sched- Use in all FSS solicitations and con- This clause provides to the Offeror in- ules). tracts. structions on adding and deleting, (i) Use Alternate I for Federal Sup- special item numbers, products and ply Schedules that only accept services from its contract. eMod.

4. Six (6) FSS-specific provisions and ‘‘Rewrite of GSAR Part 538, Federal (and its supplements). The clauses and clauses that were removed from the Supply Schedule Contracting,’’ was provisions contained therein are GSAR as part of a previous General published in the Federal Register at 74 proposed to be reinstated into GSAR Services Administration Acquisition FR 4596 on January 26, 2009 and Parts 538 and 552 in order to ensure Manual (GSAM) rewrite are reinstated removed the clauses. Since then, the consistency and transparency and to and given new clause numbers. clauses have been and are retained by provide the public an opportunity to Specifically, GSAR Case 2006–G507, GSA Acquisition Letter (AL) V–09–10 comment.

THE REINSTATED CLAUSES ARE AS FOLLOWS:

Previous Clause title New GSAR location New number number (s)

Contractor’s Remittance (Payment) Address ...... 538.273(b)(2) 552.238–89 552.232–82 Evaluation—Commercial Items (Federal Supply Schedule) ...... 538.273(c)(1) 552.238–92 552.212–73 Discount for Prompt Payment (Federal Supply Schedule) ...... 538.273(d)(10) 552.238–95 552.232–8 Contractor’s Billing Responsibilities ...... 538.273(d)(11) 552.238–96 552.232–83 Payment by Credit Card ...... 538.273(d)(12) 552.238–97 552.232–79 Warranty (Federal Supply Schedule) ...... 538.273(d)(13) 552.238–98 552.246–73

5. The GSAR clause at 552.215–71, importance of quantifying both costs copy of the IRFA may be obtained from Examination of Records by GSA and benefits, of reducing costs, of the Regulatory Secretariat. GSA will (Multiple Award Schedule), is relocated harmonizing rules, and of promoting consider comments from small entities to GSAR part 538. As part of the GSAR flexibility. This is not a significant concerning the affected GSAR parts in rewrite, GSA is relocating the regulatory action and, therefore, was not accordance with 5 U.S.C. 610. instructions for using all clauses and subject to review under section 6(b) of Comments must be submitted separately provisions dealing with the FSS E.O. 12866, Regulatory Planning and and shall cite 5 U.S.C. 601, et seq. Program to GSAM part 538. Bringing Review, dated September 30, 1993. This (GSAR Case 2013–G502), in these instructions into one area ensures rule is not a major rule under 5 U.S.C. correspondence. The analysis is currency and consistency within the 804. summarized as follows: FSS program. This provides better III. Regulatory Flexibility Act This IRFA has been prepared consistent guidance to FSS contracting officers with the criteria of 5 U.S.C. 604. when developing FSS solicitations and GSA does not expect this proposed There are approximately 20,500 FSS contracts. rule to have a significant economic contracts that are affected by this proposed 6. Typographical errors are corrected impact on a substantial number of small change. Of these, approximately eighty and minor administrative changes are entities within the meaning of the percent (16,400) of FSS contracts are held by made to GSAR parts 538 and 552 (e.g., Regulatory Flexibility Act 5 U.S.C. 601, small businesses. The proposed rule is unlikely to affect small businesses awarded renumbers existing provisions and et seq., because the proposed rule will GSA FSS contracts as it implements a clauses, changes ‘‘MAS’’ to ‘‘FSS’’ to be incorporate a number of provisions and number of provisions and clauses currently more consistent with the FAR). clauses that are currently in use in FSS in use in FSS solicitations and contracts, yet II. Executive Orders 12866 and 13563 solicitations and contracts and most not vetted via public comment. The contractors are familiar with and are information collected is used by FAS to Executive Orders (E.O.s) 12866 and currently complying with these evaluate vendors’ offers, ordering activities 13563 direct agencies to assess all costs practices. However, since this is the first when placing orders against the contract, and and benefits of available regulatory time these proposed changes and other FSS vendors to conduct market alternatives and, if regulation is existing policies and procedures that research when submitting proposals. necessary, to select regulatory impact the public are being published, Therefore, this rule does not pose any new projected reporting, recordkeeping, or approaches that maximize net benefits an Initial Regulatory Flexibility additional compliance requirements. (including potential economic, Analysis (IRFA) has been prepared. The Bringing these regulations into the GSAM environmental, public health and safety Secretariat has submitted a copy of the consolidates all regulations into one area, effects, distributive impacts, and IRFA to the Chief Counsel for Advocacy allowing for any future changes to receive equity). E.O. 13563 emphasizes the of the Small Business Administration. A public comment.

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There are a total of 31 Schedules, with 14 Respondents: 20,500. addresses of all supply and service possessing an array of Special Item Numbers Responses per respondent: 1. points maintained in the geographic (SINs) set-aside for small businesses. Overall, Total annual responses: 20,500. area in which the offeror will perform, small businesses have benefited from GSA Preparation hours per response: whether or not a complete stock of providing access to the Federal marketplace 0.0333. via the Pre-award phase (Pathway to repair parts for items offered is carried Success), the Post-award phase (New Total response burden hours: 683. at that point, and whether or not Contractor Orientation), and Contractor The new clause at GSAR 552.238–95, mechanical service is available. Assistance Visits (CAVs). FSS contracts are Discounts for Prompt Payment (Federal Respondents: 8,000. negotiated as volume purchase agreements, Supply Schedules), requires the offeror Responses per respondent: 1. with generally very favorable pricing. The to provide the Government a discount Total annual responses: 8,000. ability of small businesses to receive awards for early payment, if applicable. Preparation hours per response: under the FSS Program has enabled them to Respondents: 20,500. 0.0167. grow in the Federal marketplace as well as Responses per respondent: 1. Total response burden hours: 134. realize significant cost savings. Total annual responses: 20,500. The new clause at 552.238–114, IV. Paperwork Reduction Act Preparation hours per response: Delivery Prices Overseas, requires the 0.0167. offeror to identify the intended The Paperwork Reduction Act (44 Total response burden hours: 342. geographic area(s)/countries/zones U.S.C. chapter 35) applies because the The new clause at GSAR 552.238– which are to be covered. proposed rule contains information 108, Separate Charge for Performance Respondents: 8,000. collection requirements. Accordingly, Oriented Packaging, requires the offeror Responses per respondent: 1. the Regulatory Secretariat has submitted to list any separate charge for Total annual responses: 8,000. a request for approval of a new preservation, packaging, packing and Preparation hours per response: information collection requirement marking, and labeling of domestic and 0.0167. Total response burden hours: 134. concerning OMB Control Number 3090– overseas HAZMAT surface shipments. The new clause at 552.238–118, 0303; Administrative Changes to the Respondents: 8,000. Delivery Prices, requires the offeror to Office of Management and Budget under Responses per respondent: 1. identify the intended geographic area(s)/ 44 U.S.C. 3501, et seq. Total annual responses: 8,000. Preparation hours per response: countries/zones that are to be covered. A. Annual Reporting Burden Respondents: 8,000. 0.0167. Responses per respondent: 1. The information collected is used by Total response burden hours: 134. FAS to evaluate vendors’ offers, Total annual responses: 8,000. The new clause at GSAR 552.238– Preparation hours per response: ordering activities when placing orders 109, Additional Service Charge for against the contract, and other FSS 0.0167. Delivery within Consignee’s Premises, Total response burden hours: 134. vendors to conduct market research requires the offeror to list any separate The new clause at 552.238–134, when submitting proposals. cost for shipping when the delivery is Environmental Protection Agency Total public reporting burden for this within the consignee’s premises Registration Requirement, requires the collection of information is estimated to (inclusive of items that are comparable offeror to list the manufacturer’s and/or average 2,988 total hours, including the in size and weight). distributor’s name and EPA Registration time for reviewing instructions, Respondents: 8,000. Number for each item requiring searching existing data sources, Responses per respondent: 1. registration with the EPA. gathering and maintaining the data Total annual responses: 8,000. Respondents: 8,000. needed, and completing and reviewing Preparation hours per response: Responses per respondent: 1. the collection of information. Annual 0.0167. Total annual responses: 8,000. reporting burdens include the estimated Total response burden hours: 134. Preparation hours per response: respondents with 1 submission per The new clause at GSAR 552.238– 0.0167. respondent multiplied by preparation 110, Shipping Points, requires the Total response burden hours: 134. hours per response to get the total offeror to provide shipping information, The new clause at GSAR 552.238–96, response burden hours. The estimated inclusive of carrier and address, for Contractor’s Billing Responsibilities, burden hours to the public for the below F.O.B. Origin shipments. contains a recordkeeping requirement clauses are as follows: Respondents: 8,000. that is subject to the Paperwork The new provision at GSAR 552.238– Responses per respondent: 1. Reduction Act (44 U.S.C. 3501, et seq.). 89, Contractor Remittance (Payment) Total annual responses: 8,000. The clause provides for the contractor to Address, requires the offeror to indicate Preparation hours per response: require all dealers participating in the the payment address to which checks 0.0167. performance of the contract to agree to shall be mailed for payment of invoices Total response burden hours: 134. maintain certain records on sales made and to identify participating dealers and The new clause at 552.238–111, under the contract on behalf of the provide their addresses for receiving Contact for Contract Administration, contractor. However, it does not add orders and payments on behalf of the requires the offeror to provide points of burden to what is already estimated for contractor. contact for domestic and/or overseas the existing GSAR clause at 552.238–74, Respondents: 20,500. contact information. Industrial Funding Fee and Sales Responses per respondent: 1. Respondents: 20,500. Reporting by a previous information Total annual responses: 20,500. Responses per respondent: 1. collection (see OMB Control Number Preparation hours per response: Total annual responses: 20,500. 3090–0121; Industrial Funding Fee and 0.0333. Preparation hours per response: Sales Reporting). Total response burden hours: 683. 0.0167. The new provision at GSAR 552.238– Total response burden hours: 342. B. Requests for Comments Regarding 91, Authorized Negotiators, requires the The new clause at 552.238–113, Parts Paperwork Burden offeror to outline its point-of-contact and Service, requires the offeror to Submit comments, including information for negotiations. include in the price list, the names and suggestions for reducing this burden,

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not later than November 10, 2014 to: the introductory text of paragraph (c) (c) As prescribed in this section, GSA Desk Officer, OMB, Room 10102, and paragraph (c)(7) ‘‘MAS’’ and adding insert the following provisions as an NEOB, Washington, DC 20503, and a ‘‘FSS’’ in their places. The revised addendum to 52.212–2, Evaluation— copy to the General Services heading reads as follows: Commercial Items, when required Administration, Regulatory Secretariat within the scope of the solicitation: Division (MVCB), ATTN: Ms. Flowers, 538.270 Evaluation of Federal Supply (1) 552.238–92, Evaluation— Schedule (FSS) offers. 1800 F Street NW., 2nd Floor, Commercial Items (Federal Supply Washington, DC 20405. * * * * * Schedules). Use in FSS standing ■ Public comments are particularly 5. Amend section 538.271 by revising solicitations. Use Alternate I for non- invited on: whether this collection of the section heading; and removing from standing FSS solicitations. information is necessary for the proper paragraphs (a) and (b) ‘‘MAS’’ and (2) 552.238–93, Use of Non- performance of functions of the FAR, adding ‘‘FSS’’ in their places. The Government Employees to Review and will have practical utility; whether revised heading reads as follows: Offers. Use only in FSS solicitations our estimate of the public burden of this 538.271 FSS contract awards. when non-government employees may collection of information is accurate, be utilized to review solicitation and based on valid assumptions and * * * * * ■ responses. methodology; ways to enhance the 6. Amend section 538.272 by revising the section heading to read as follows: (d) As prescribed in this section, quality, utility, and clarity of the insert the following clauses as an information to be collected; and ways in 538.272 FSS price reductions. addendum to Clause 52.212–4, Contract which we can minimize the burden of * * * * * Terms and Conditions—Commercial the collection of information on those ■ 7. Revise section 538.273 to read as Items: who are to respond, through the use of follows: (1) 552.238–71, Submission and appropriate technological collection Distribution of Authorized Federal techniques or other forms of information 538.273 FSS solicitation provisions and Supply Schedule (FSS) Price Lists. Use technology. contract clauses. in all FSS solicitations and contracts. Requesters may obtain a copy of the (a) As prescribed in this section, (i) Use Alternate I, in solicitations and supporting statement from the General insert the following provisions in the contracts for— Services Administration, Regulatory beginning of FSS solicitations: (A) Federal Supply Schedule 70; Secretariat (MVCB), ATTN: Ms. (1) 552.238–84, Cover Page for Federal (B) The Consolidated Schedule Flowers, 1800 F Street NW., 2nd Floor, Supply Schedules. Use in all FSS contracts containing information Washington, DC 20405. solicitations. Use Alternate I for single technology Special Item Numbers; Please cite OMB Control Number award Federal Supply Schedules. 9000–0303, (GSAR) Administrative (C) Federal Supply Schedule 84; and (2) 552.238–85, Significant Changes. (D) Federal Supply Schedules for Changes; GSAR Case 2013–G502, in all Use in all supply and service correspondence. recovery purchasing (see 538.7102), use solicitation refreshes containing Alternate I. revisions since the previous posting to List of Subjects in 48 CFR Parts 515, (ii) If GSA is not prepared to accept the Government’s point of entry. 538, and 552 electronic submissions for a particular (3) 552.238–86, Notice of Total Small schedule delete— Government procurement. Business Set-Aside. Use in supply and (A) The paragraph identifier ‘‘(i)’’ in Dated: August 20, 2014. service solicitations containing one or (b)(1) and the word ‘‘and’’ at the end of Jeffrey A. Koses, more special item numbers (SINs) that paragraph (b)(1)(i); and are set aside for small business. Senior Procurement Executive, Office of (B) Paragraphs (b)(1)(ii) and (b)(3). Acquisition Policy, Office of Government- (4) 552.238–87, Information wide Policy. Collection Requirements. Use in all FSS (2) 552.238–72, Identification of Products that have Environmental Therefore, GSA proposes to amend 48 solicitations. (5) 552.238–88, Notice: Requests for Attributes. Use only in FSS solicitations CFR parts 515, 538, and 552 as set forth and contracts that contemplate items below: Explanation or Information and Hours of Operation. Use in all FSS with environmental attributes. PART 515—CONTRACTING BY solicitations. (3) 552.238–73, Cancellation. Use in NEGOTIATION (b) As prescribed in this section, all FSS solicitations and contracts. insert the following provisions as an (4) 552.238–74, Industrial Funding ■ 1. The authority citation for 48 CFR addendum to 52.212–1, Instructions to Fee and Sales Reporting. Use in all FSS part 515 is revised to read as follows: Offerors—Commercial Items: solicitations and contracts. (5) 552.238–75, Price Reductions. Use Authority: 40 U.S.C. 121(c). (1) 552.238–70, Identification of Electronic Office Equipment Providing in all FSS solicitations and contracts. 515.209–70 [Amended] Accessibility for the Handicapped. Use Use Alternate I in solicitations and ■ 2. Amend section 515.209–70 by only in FSS solicitations for electronic contracts for— removing the undesignated center office equipment. (i) Federal Supply Schedule 70; heading ‘‘Clause for Multiple Award (2) 552.238–89, Contractor’s (ii) The Consolidated Schedule Schedules’’ and paragraphs (c) and (d). Remittance (Payment) Address. Use in containing information technology all FSS solicitations. Special Item Numbers; PART 538—FEDERAL SUPPLY (3) 552.238–90, Introduction of New (iii) Federal Supply Schedule 84; and SCHEDULE CONTRACTING Supplies/Services (INSS). Use in all FSS (iv) Federal Supply Schedules for ■ 3. The authority citation for 48 CFR solicitations. Note: GSA Form 1649, recovery purchasing (see 538.7102). part 538 continues to read as follows: Notification of Federal Supply Schedule (6) 552.238–81, Modifications Improvement, may be required if (Federal Supply Schedules). Use in all Authority: 40 U.S.C. 121(c). revising a Special Item Number (SIN). FSS solicitations and contracts. Use ■ 4. Amend section 538.270 by revising (4) 552.238–91, Authorized Alternate I for Federal Supply the section heading; and removing from Negotiators. Use in all FSS solicitations. Schedules that only accept eMod.

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(7) 552.238–82, Delivery Schedule. destination by a Government (viii) 552.238–113, Parts and Service. Use only in FSS solicitations and representative. Use Alternate I when it (ix) 552.238–114, Delivery Prices contracts for supplies. is anticipated that additional terms and Overseas. (8) 552.238–83 GSA Advantage!®. Use conditions regarding responsibility for (x) 552.238–115, Transshipments. in all FSS solicitations and contracts rejected supplies and additional costs (xi) 552.238–116, Foreign Taxes and except the Department of Veterans for inspection and testing are required. Duties. Affairs Federal Supply Schedules. (18) 552.238–103, Vendor Managed (28) 552.238–117, English Language (9) 552.238–94 Examination of Inventory (VMI) Program. Use only in and U.S. Dollar Requirements. Use in all Records by GSA Federal Supply FSS solicitations and contracts for FSS solicitations and contracts. Schedules. Use in all FSS solicitations supplies when a VMI Program is (29) 552.238–118, Delivery Prices. Use and contracts. With the Senior contemplated. in all FSS solicitations and contracts. Procurement’s Executive approval, the (19) 552.238–104, Order (30) 552.238–119, Federal Excise Tax. Contracting Officer may modify the Acknowledgement. Use only in FSS Use only in FSS solicitations and clause at 552.238–9 to provide for post- solicitations and contracts for supplies. contracts for tire and tube acquisitions. award access to and the right to examine (20) 552.238–105, Urgent (31) 552.238–120, Guarantee. Use records to verify that the pre-award/ Requirements. Use only in FSS only in FSS solicitations and contracts modification pricing, sales or other data solicitations and contracts for supplies. for major appliances. related to the supplies or services (21) 552.238–106, Post-Award (32) 552.238–121, Electronic offered under the contract which formed Samples. Use only in FSS solicitations Commerce. Use in all FSS solicitations the basis for the award/modification and contracts for the acquisition of and contracts except the Department of was accurate, current, and complete. carpet. Veterans Affairs Federal Supply The following procedures apply: (22) 552.238–107, Restriction on the Schedules. (i) Such a modification of the clause Acceptance of Orders. Use only in FSS (33) 552.238–122, Imprest Funds must provide for the right of access to solicitations and contracts for (Petty Cash). Use in all FSS solicitations expire 2 years after award or electrostatic copying equipment, and contracts. modification. supplies (toner, developer, fuser oil) for (34) 552.238–123, Dissemination of (ii) Before modifying the clause, the such equipment, repair or replacement Information by Contractor. Use in all Contracting Officer must make a parts for such equipment, and FSS solicitations and contracts. determination that absent such access maintenance or repair service for such (35) 552.238–124, Deliveries Beyond there is a likelihood of significant harm equipment. the Contractual Period—Placing of (23) 552.238–108, Separate Charge for to the Government and submit it to the Orders. Use only in FSS solicitations Performance Oriented Packaging (POP). Senior Procurement Executive for and contracts for supplies. Use only in FSS solicitations and approval. (36) 552.238–125, Interpretation of (iii) The determinations under contracts for items defined as hazardous Contract Requirements. Use in all FSS paragraph (d)(2) of this section must be under Federal Standard No. 313. solicitations and contracts. (24) 552.238–109, Additional Service made on a schedule-by-schedule basis. (37) 552.238–126, Export Traffic Charge for Delivery within Consignee’s (10) 552.238–95, Discounts for Prompt Release (Supplies). Use in FSS Premises. Use only in FSS solicitations Payments (Federal Supply Schedules). solicitations and contracts for supplies, and contracts for supplies when Use in all FSS solicitations and except vehicles. allowing offerors to propose separate contracts. (38) 552.238–127, Export Traffic charges for deliveries within the (11) 552.238–96, Contractor’s Billing Release (Vehicles). Use only in FSS consignee’s premises. Responsibilities. Use in all FSS solicitations and contracts for vehicles. (25) 552.238–110, Shipping Points. (39) 552.238–128, Carload Shipments. solicitations and contracts. Use only in FSS solicitations and (12) 552.238–97, Payment by Credit Use only in FSS solicitations and contracts for supplies when F.O.B. Card. Use in all FSS solicitations and contracts for vehicles. Origin shipments are contemplated. (40) 552.238–129, Spare Parts Kit. Use contracts. (26) 552.238–111, Contact for (13) 552.238–98, Warranty (Federal only in FSS solicitations and contracts Contract Administration. Use in all FSS Supply Schedules). Use in all FSS for items requiring spare part kits. solicitations and contracts. (41) 552.238–130, Authentication solicitations and contracts. (27) 552.238–112, Clauses for Supplies and Services. Use in Federal (14) 552.238–99, Deliveries to the U.S. Overseas Coverage. Use only in FSS Supply Schedule 70 solicitations only. Postal Service. Use only in FSS solicitations and contracts when When the Federal Supply Schedule 70 solicitations and contracts for mailable overseas acquisition is contemplated. contract is awarded, use only if the articles when delivery to a U.S. Postal The following clauses and provisions awarded contract includes Special Item Service (USPS) facility is contemplated. shall also be inserted in full text, when Numbers (SINs) associated with the (15) 552.238–100, Characteristics of applicable. Electric Current. Use only in FSS (i) 52.214–34, Submission of Offers in Homeland Security Presidential solicitations and contracts when the the English Language. Directive 12 (HSPD–12). supply of equipment which uses (ii) 52.214–35, Submission of Offers (42) 552.238–131, Commercial electrical current is contemplated. in U.S. Currency. Satellite Communication (16) 552.238–101, Marking and (iii) 52.247–34, FOB Destination. (COMSATCOM) Services. Use only in Documentation Requirements for (iv) 52.247–38, FOB Inland Carrier, FSS solicitations and contracts for Shipping. Use only in FSS solicitations Country of Exportation. COMSATCOM services. and contracts for supplies when the (v) 52.247–39, FOB Inland Point, (43) 552.238—132, Environmental need for outlining the minimum Country of Importation. Protection Agency Registration information and documentation (vi) 552.238–100, Characteristics of Requirement. Use only in FSS required for shipping is contemplated. Electric Current. solicitations and contracts for supplies (17) 552.238–102, Inspection. Use (vii) 552.238–101, Marking and when items may require registration only in FSS solicitations and contracts Documentation Requirements Per with the Environmental Protection when all items are to be inspected at a Shipment. Agency.

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■ 8. Amend section 538.7004 by Federal Supply Schedule solicitations ‘‘538.273(a)(3)’’ and adding revising paragraphs (a), (b), and (c) to and contracts which contain products ‘‘538.273(d)(2)’’ in its place. read as follows: and services determined by the Secretary of Homeland Security to 552.238–73 [Amended] 538.7004 Solicitation provisions and facilitate recovery from major disasters, ■ 15. Amend section 552.238–73 by contract clauses. terrorism, or nuclear, biological, removing from the introductory text (a) As an addendum to 52.212–4, chemical, or radiological attack. ‘‘538.273(a)(4)’’ and adding Contract Terms and Conditions— (c) As an addendum to 52.212–4, ‘‘538.273(d)(3)’’ in its place. Commercial Items the contracting Contract Terms and Conditions— 552.238–74 [Amended] officer shall insert the clause at Commercial Items the contracting ■ 16. Amend section 552.238–74 by 552.238–77, Definition (Federal Supply officer shall insert the clause at removing from the introductory text Schedules), in solicitations and 552.238–80, Use of Federal Supply ‘‘538.273(b)(1)’’ and adding contracts for: Schedule Contracts by Certain Entities— ‘‘538.273(d)(4)’’ in its place. (1) Federal Supply Schedule 70; Recovery Purchasing, in Federal Supply ■ 17. Amend section 552.238–75 by: (2) The Consolidated Schedule Schedule solicitations and contracts ■ a. Removing from the introductory containing information technology SINs; which contain products and services text ‘‘538.273(b)(2)’’ and adding and determined by the Secretary of ‘‘538.273(d)(5)’’ in its place; and (3) Federal Supply Schedule 84. Homeland Security that facilitate ■ b. Revising the date and introductory (b) As an addendum to 52.212–4, recovery from major disasters, terrorism, text of Alternate I to read as follows: Contract Terms and Conditions— or nuclear, biological, chemical, or Commercial Items the contracting radiological attack. 552.238–75 Price Reductions. officer shall insert the clause at 552.238–78, Scope of Contract (Eligible * * * * * * * * * * Alternate I (Date): As prescribed in Ordering Activities), in solicitations and PART 552—SOLICITATION contracts for: 538.273(d)(5) substitute the following PROVISIONS AND CONTRACT paragraph: (1) Federal Supply Schedule 70; and CLAUSES (2) The Consolidated Schedule * * * * * containing information technology SINs; ■ 10. The authority citation for 48 CFR ■ 18. Amend section 552.238–78 by— and part 552 continues to read as follows: ■ a. Revising the date of the clause; and removing from paragraph (f)(2) (3) Federal Supply Schedule 84. Authority: 40 U.S.C. 121(c). (c) As an addendum to 52.212–4, ‘‘552.232–79’’ and adding ‘‘552.238–97’’ Contract Terms and Conditions— 552.215–71 [Removed and Reserved] in its place (twice); and ■ Commercial Items the contracting ■ 11. Remove and reserve section b. Amending Alternate I by revising officer shall insert the clause at 552.215–71. the date of the Alternate; and removing 552.238–79, Use of Federal Supply ■ 12. Amend section 552.238–70 by from paragraph (a)(8) ‘‘GSA’’ and adding Schedule Contracts by Certain Entities— revising the introductory text and the ‘‘GSA/VA’’ in its place (twice). Cooperative Purchasing, in solicitations date of the provision; and removing The revisions read as follows: and contracts for: from the end of the section ‘‘(End of 552.238–78 Scope of Contract (Eligible (1) Federal Supply Schedule 70; clause)’’ and adding ‘‘(End of Ordering Activities). (2) The Consolidated Schedule provision)’’ in its place. containing information technology SINs; * * * * * 552.238–70 Identification of Electronic and Scope of Contract (Eligible Ordering (3) Federal Supply Schedule 84. Office Equipment Providing Accessibility for the Handicapped. Activities) (Date) * * * * * As prescribed in 538.273(b)(1), insert * * * * * ■ 9. Amend section 538.7104 by Alternate I (Date). *** revising paragraphs (a), (b), and (c) to the following provision: ■ read as follows: 19. Amend section 552.238–81 by— Identification of Electronic Office Equipment ■ Providing Accessibility for the Handicapped a. Removing from the introductory 538.7104 Solicitation provisions and (Date) text ‘‘538.273(b)’’ and adding contract clauses. ‘‘538.273(d)(6)’’ in its place; and (a) As an addendum to 52.212–4, * * * * * ■ b. Amending Alternate I by revising Contract Terms and Conditions— ■ 13. Amend section 552.238–71 by the introductory text to read as follows: Commercial Items the contracting revising the section heading, the introductory text, and the clause 552.238–81 Modification (Federal Supply officer shall insert the clause at Schedule). 552.238–76, Definition (Federal Supply heading to read as follows: Schedules)–Recovery Purchasing, in * * * * * 552.238–71 Submission and Distribution Alternate I (Date): As prescribed in Federal Supply Schedule solicitations of Authorized Federal Supply Schedule 538.273(d)(6)(i), add the following and contracts which contain products (FSS) Price Lists. paragraph (f) to the basic clause: and services determined by the As prescribed in 538.273(d)(1), insert * * * * * Secretary of Homeland Security to the following clause: facilitate recovery from major disasters, ■ 20. Add sections 552.238–82 through terrorism, or nuclear, biological, Submission and Distribution of Authorized 552.238–134 to read as follows: Federal Supply Schedule (FSS) Price Lists chemical, or radiological attack. 552.238.82 Delivery Schedule. (b) As an addendum to 52.212–4, (Date) As prescribed in 538.273(d)(7), insert Contract Terms and Conditions— * * * * * the following clause: Commercial Items the contracting officer shall insert the clause at 552.238–72 [Amended] Delivery Schedule (Date) 552.238–78, Scope of Contract (Eligible ■ 14. Amend section 552.238–72 by (a) Time of Delivery. The Contractor shall Ordering Activities), with Alternate I in removing from the introductory text deliver to destination within the number of

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calendar days after receipt of order (ARO) in the offered delivery time exceed the Government’s stated delivery time, as stated the case of F.O.B. Destination prices; or to Contractor’s normal business practice. The below [The contracting officer shall insert the place of shipment in transit in the case of Government requires the Contractor’s normal solicited items or Special Item Numbers (SIN) F.O.B. Origin prices, as set forth below. delivery time, as long as it is less than the as well as a reasonable delivery time that Offerors shall insert in the ‘‘Time of Delivery ‘‘stated’’ delivery time(s) shown below. If the corresponds with each item or SIN, if (days ARO)’’ column in the schedule of Items Offeror does not insert a delivery time in the a definite number of calendar days within schedule of items, the Offeror will be deemed known]: which delivery will be made. In no case shall to offer delivery in accordance with the

Items or group of items Government’s stated (special item no. delivery time Contractor’s or nomenclature) (days ARO) delivery time

*llllllllll* *llllllllll* llllllllll

(b) Expedited Delivery Times. For those 552.238–84 Cover Page for Federal Supply 552.238–86 Notice of Total Small Business items that can be delivered quicker than the Schedules. Set-Aside. delivery times in paragraph (a) of this clause, As prescribed in 538.273(a)(1), insert As prescribed in 538.273(a)(3), insert the Offeror is requested to insert below, a the following provision: the following provision: time (hours/days ARO) that delivery can be made when expedited delivery is requested. Cover Page for Federal Supply Schedules Notice of Total Small Business Set-Aside (Date) (Date) Items or group Solicitation No. [The contracting officer The clause entitled ‘‘Notice of Total Small Expedited Business Set-Aside,’’ applies to the of items delivery time shall insert the solicitation number here] *l (special item no. or (hours/days ARO) lllll* following: [The contracting officer shall nomenclature) Geographic Area. [The contracting officer insert the special item numbers (SINs) set shall indicate whether the solicitation is aside for small businesses] *llllll*. CONUS or Worldwide] Federal Supply Schedule Contract for *llllll*. (End of provision) [For supplies, the Contracting Officer shall 552.238–87 Information Collection complete the information required by Requirements. paragraph (a) and delete paragraph (b) in its entirety. For services, the Contracting Officer As prescribed in 538.273(a)(4), insert (c) Overnight and 2-Day Delivery Times. shall complete the information required by the following provision: Ordering activities may require overnight or paragraph (b) and delete (a) in its entirety. 2-day delivery. The Offeror is requested to For solicitations containing both supplies Information Collection Requirements (Date) annotate its price list or by separate and services, the Contracting Officer shall The information collection requirements attachment identify the items that can be complete paragraphs (a) and (b).] contained in this solicitation/contract are delivered overnight or within 2 days. (a) Federal Supply Classification (FSC) either required by regulation or approved by Contractors offering such delivery services GROUP: *llllll* PART: *lllll the Office of Management and Budget will be required to state in the cover sheet l* SECTION: *llllll* pursuant to the Paperwork Reduction Act llllll and assigned OMB Control No. 3090–0163. to its FSS price list details concerning this SUPPLY: * * FSC CLASS(ES)/ PRODUCT CODE(S)/NAICS: *llllll*. service. (b) STANDARD INDUSTRY GROUP: *ll (End of provision) llll* SERVICE: *llllll* 552.238–88 Notice: Requests for (End of clause) SERVICE CODE(S)/NAICS: *llllll*. Explanation or Information and Hours of ® 552.238–83 GSA ADVANTAGE! (End of provision) Operation. As prescribed in 538.273(d)(8), insert Alternate I (Date): As prescribed at As prescribed in 538.273(a)(5), insert the following clause: 538.237(a)(1), add the following the following provision: GSA Advantage!® (Date) paragraph (c) to the basic provision: Notice: Requests for Explanation or Information and Hours of Operation (Date) (a) The Contractor shall participate in the (c) PERIOD: *llllll* THROUGH GSA Advantage!® online shopping service. *llllll*. (a) Oral or written requests for explanation or information regarding this solicitation Information and instructions regarding 552.238–85 Significant Changes. shall be directed to [The contracting officer Contractor participation are contained in shall insert the contact information for the clause 552.238–121, Electronic Commerce. As prescribed in 538.273(a)(2), insert office responsible for responding to questions (b) The Contractor shall refer to contract the following provision: regarding the solicitation]: *llllll*; clauses 552.238–71, Submission and or Phone *llllll*; or Email: *lll Distribution of Authorized FSS Price Lists Significant Changes (Date) lllll*. IMPORTANT: DO NOT (which provides for submission of price lists The following significant changes have ADDRESS OFFERS, MODIFICATIONS OR on a common-use electronic medium), I– been made to the solicitation since the WITHDRAWALS TO THE ABOVE FSS–600, Contract Price Lists (which issuance of the last refresh: [The Contracting ADDRESS. THE ADDRESS DESIGNATED provides information on electronic contract Officer shall insert the most recent FOR RECEIPT OF OFFERS IS CONTAINED data), and 552.238–81, Modifications (which solicitation revisions since its previous ELSEWHERE IN THIS SOLICITATION. posting to the Government’s point of entry addresses electronic file updates). (b) GSA’s hours of operation are 8:00 a.m. *llllll*]. to 4:30 p.m. eastern standard time. (End of clause) (End of provision) (End of provision)

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552.238–89 Contractor’s Remittance but not yet introduced to the Federal notice of withdrawal is received before (Payment) Address. Government. award. (b) Offerors are encouraged to introduce As prescribed in 538.273(b)(2), insert (End of provision) the following provision: new or improved supplies or services via INSS SIN at any time by clearly identify the Alternate I (Date): As prescribed by Contractor’s Remittance (Payment) Address INSS SIN item in the offer. 538.273(c)(1) add the following (Date) (c) The Contracting Officer has the sole paragraph (c) to the basic provision: (a) Payment by electronic funds transfer discretion to determine whether a supply or (c) The Government reserves the right to (EFT) is the preferred method of payment. service will be accepted as an INSS SIN item. award only one contract for all or a part of However, under certain conditions, the The Contracting Officer will evaluate and a manufacturer’s product line. When two or ordering activity may elect to make payment process the offer and may perform a technical more offerors (e.g., dealers/resellers) offer the by check. The Offeror shall indicate below review. The INSS SIN provides temporary identical product, award may be made the payment address to which checks shall placement until the Contracting Officer competitively to only one offeror on the basis be mailed for payment of proper invoices formally categorizes the new supply or of the lowest price. (Discounts for early submitted under a resultant contract. service. payment will not be considered as an (d) If the Contractor has an existing evaluation factor in determining the low Payment Address: schedule contract, the Government may, at offeror). During initial open season for an the sole discretion of the Contracting Officer, option period, any offers that are equal to or modify the existing contract to include the lower than the current contract price INSS SIN item in accordance with 552.238– received for identical items will be 81, Modifications (Federal Supply considered. Current Contractors will also be Schedules). allowed to submit offers for identical items during this initial open season. The current (End of provision) Contractor which has the identical item on (b) Offeror shall furnish by attachment to 552.238–91 Authorized Negotiators. contract will be included in the evaluation this solicitation, the remittance (payment) process. The Government will evaluate all addresses of all authorized participating As prescribed in 538.273(b)(4), insert offers and may award only one contract for dealers receiving orders and accepting the following provision: each specified product or aggregate group. payment by check in the name of the Contractor in care of the dealer, if different Authorized Negotiators (Date) 552.238–93 Use of Non-Government from their ordering address(es) specified The offeror shall provide the names of all Employees To Review Offers. elsewhere in this solicitation. If a dealer’s persons authorized to negotiate with the As prescribed in 538.273(c)(2), insert ordering and remittance address differ, both Government in connection with this request the following provision: must be furnished and identified as such. for proposals or quotations. (List the names, (c) All Offerors are cautioned that if the titles, telephone numbers and electronic mail Use of Non-Government Employees to remittance (payment) address shown on an address of the authorized negotiators.) Review Offers (Date) actual invoice differs from that shown in (a) The Government may employ paragraph (b) of this provision or on the (End of provision) individual technical consultants/advisors/ attachment, the remittance address(es) in 552.238–92 Evaluation—Commercial Items contractors from the below listed paragraph (b) of this provision or attached (Federal Supply Schedule) organizations to review limited portions of will govern. Payment to any other address, the technical, management and price except as provided for through EFT payment As prescribed in 538.273(c)(1), insert proposals to assist the government in both methods, will require an administrative the following provision: pre-award and post-award functions. [The change to the contract. Evaluation—Commercial Items (Federal Contracting Officer shall insert a list of Note: All orders placed against a Federal Supply Schedule) (Date) organizations used to review solicitation Supply Schedule contract are to be paid by responses and execute a non-disclosure and the individual ordering activity placing the (a) The Government may make multiple organizational conflict of interest statement order. Each order will cite the appropriate awards for the supplies or services offered in for all individuals conducting reviews.] ordering activity payment address, and response to this solicitation that meet the *_llll*. proper invoices shall be sent to that address. definition of a ‘‘commercial item’’ in FAR (b) These representatives will be used to Proper invoices shall be sent to GSA and/or 52.202–1. Awards may be made to those advise on specific technical, management, VA only for orders placed by GSA and/or responsible offerors that offer reasonable and price matters and shall not, under any VA. pricing, conforming to the solicitation, and circumstances, be used as voting evaluators. will be most advantageous to the However, the Government may consider the (End of provision) Government, taking into consideration the advice provided in its evaluation process. In multiplicity and complexity of items of addition, Contractor personnel may be used 552.238–90 Introduction of New Supplies/ various manufacturers and the differences in Services (INSS). in specific contract administration tasks (e.g., performance required to accomplish or administrative filing, review of deliverables, As prescribed in 538.273(b)(3), insert produce required end results, production and etc.). the following provision: distribution facilities, price, compliance with (c) If individual technical consultants/ delivery requirements, and other pertinent advisors/contractors are utilized as described Introduction of New Supplies/Services factors. By providing a selection of (INSS) (Date) in paragraph (b) of this section, they will be comparable supplies or services, ordering required to execute a non-disclosure and (a) Definition. Introduction of New activities are afforded the opportunity to organizational conflict of interest statements. Supplies/Services Special Item Number fulfill their requirements with the item(s) that (INSS SIN) means a new or improved supply constitute the best value and that meet their (End of provision) or service—within the scope of the Federal needs at the lowest overall cost. Supply Schedule (FSS), but not currently (b) A written notice of award or acceptance 552.238–94 Examination of Records by available under any Federal Supply Schedule of an offer, mailed or otherwise furnished to GSA (Federal Supply Schedules). contract—that provides a new service, the offeror within the time for acceptance As prescribed in 538.273(d)(9) insert function, task, or attribute that may provide specified in the offer, shall result in a binding the following clause: a more economical or efficient means for contract without further action by either ordering activities to accomplish their party. Before the offer’s specified expiration Examination of Records by GSA (Federal missions. It may significantly improve an time, the Government may accept an offer (or Supply Schedules) (Date) existing supply or service. It may be a supply part of an offer), whether or not there are The Contractor agrees that the or service existing in the commercial market, negotiations after its receipt, unless a written Administrator of General Services or any

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duly authorized representative shall have Contractor’s Billing Responsibilities (Date) charge card for an order exceeding the micro- access to and the right to examine any books, (a) The Contractor is required to perform purchase threshold, the Contractor must so documents, papers and records of the all billings made pursuant to this contract. advise the ordering agency within 24 hours contractor involving transactions related to However, if the Contractor has dealers that of receipt of the order. this contract for overbillings, billing errors, participate on the contract and the billing/ (d) The Contractor shall not process a compliance with the Price Reduction clause payment process by the Contractor for sales transaction for payment through the credit or and compliance with the Industrial Funding made by the dealer is a significant charge card clearinghouse until the Fee and Sales Reporting clause of this administrative burden, the following purchased supplies have been shipped or contract. This authority shall expire 3 years alternative procedures may be used. Where services performed. Unless the credit or after final payment. The basic contract and dealers are allowed by the Contractor to bill charge cardholder requests correction or each option shall be treated as separate ordering activities and accept payment in the replacement of a defective or faulty item contracts for purposes of applying this Contractor’s name, the Contractor agrees to under other contract requirements, the clause. obtain from all dealers participating in the Contractor must immediately credit a performance of the contract a written cardholder’s account for items returned as (End of clause) agreement, which will require dealers to— defective or faulty. (1) Comply with the same terms and (e) Payments made using the Government- 552.238–95 Discounts for Prompt Payment wide commercial purchase card are not (Federal Supply Schedules). conditions as the Contractor for sales made under the contract; eligible for any negotiated prompt payment As prescribed in 538.273(d)(10), insert (2) Maintain a system of reporting sales discount. Payment made using an ordering the following clause: under the contract to the manufacturer, activity debit card shall receive the which includes— applicable prompt payment discount. Discounts for Prompt Payment (Federal (i) The date of sale; (End of clause) Supply Schedules) (Date) (ii) The ordering activity to which the sale (a) Discounts for early payment (hereinafter was made; 552.238–98 Warranty (Federal Supply referred to as ‘‘discounts’’ or ‘‘the discount’’) (iii) The service or supply/model sold; Schedules). will be considered in evaluating the (iv) The quantity of each service or supply/ As prescribed in 538.1203(d)(13), relationship of the Offeror’s concessions to model sold; insert the following clause: the Government vis-a-vis the Offeror’s (v) The price at which it was sold, concessions to its commercial and Federal including discounts; and Warranty (Federal Supply Schedules) (Date) non-schedule customers, but only to the (vi) All other significant sales data. (a) Applicable to domestic locations. extent indicated in this clause. (3) Be subject to audit by the Government, Unless specified otherwise in this contract, (b) Discounts will not be considered to with respect to sales made under the the Contractor’s standard warranty as stated determine the low Offeror in the situation contract; and in the Contractor’s price list applies to this described in the ‘‘Offers on Identical (4) Place orders and accept payments in the contract. Products’’ provision of this solicitation. name of the Contractor in care of the dealer. (b) Applicable to overseas destinations. (c) Uneconomical discounts will not be (b) An agreement between a Contractor and Unless specified otherwise in this contract, considered as meeting the criteria for award its dealers pursuant to this procedure will the Contractor’s standard warranty as stated established by the Government. In this not establish privity of contract between in the price list applies to this contract, connection, a discount will be considered dealers and the Government. except as follows: uneconomical if the annualized rate of return (End of clause) (1) The Contractor must provide, at a for earning the discount is lower than the minimum, a warranty on all non-consumable ‘‘value of funds’’ rate established by the 552.238–97 Payment by Credit Card. parts for a period of 90 days from the date Department of the Treasury and published As prescribed in 538.1203(d)(12) that the ordering activity accepts the supply. quarterly in the Federal Register. The ‘‘value insert the following clause: (2) The Contractor must supply parts and of funds’’ rate applied will be the rate in labor required under the warranty provisions effect on the date specified for the receipt of Payment by Credit Card (Date) free of charge. offers. (a) Definitions. (3) The Contractor must bear the (d) Discounts for early payment may be Credit card or Charge card means any transportation costs of returning the supplies offered either in the original offer or on credit or charge card used to pay for to and from the repair facility, or the costs individual invoices submitted under the purchases, including the Government-wide involved with Contractor personnel traveling resulting contract. Discounts offered will be Commercial Purchase Card. to the ordering activity facility for the taken by the ordering activity if payment is Government-wide commercial purchase purpose of repairing the supply onsite, made within the discount period specified. card means a uniquely numbered charge card during the 90-day warranty period. (e) Discounts that are included in offers issued by a Contractor under GSA’s (End of clause) become a part of the resulting contracts and Government-wide Contract for Fleet, Travel, are binding on the Contractor for all orders and Purchase Card Services to named 552.238–99 Deliveries to the U.S. Postal placed under the contract. Discounts offered individual Government employees or entities Service. only on individual invoices will be binding to pay for official Government purchases. As prescribed in 538.273(d)(14), insert on the Contractor only for the particular Oral order means an order placed orally the following clause: invoice on which the discount is offered. either in person or by telephone. (f) In connection with any discount offered (b) The Contractor must accept credit and Deliveries to the U.S. Postal Service (Date) for prompt payment, time shall be computed charge cards for payments equal to or less (a) Applicability. This clause applies to from the date of the invoice. For the purpose than the micro-purchase threshold (see orders placed for the U.S. Postal Service of computing the discount earned, payment Federal Acquisition Regulation 2.101) for (USPS) and accepted by the Contractor for shall be considered to have been made on the oral or written orders under this contract. the delivery of supplies to a USPS facility date which appears on the payment check or (c) The Contractor and the ordering activity (consignee). the date on which an electronic funds may agree to use of a credit or charge card (b) Mode/Method of Transportation. Unless transfer was made. for purchases in dollar amounts over the the Contracting Officer grants a waiver of this micro-purchase threshold, and the requirement, any shipment that meets the (End of clause) Government encourages the Contractor to USPS requirements for mailability (i.e., 70 552.238–96 Contractor’s Billing accept payment by the credit or charge card. pounds or less, combined length and girth Responsibilities. The dollar value of a credit or charge card not more than 108 inches, etc.) delivery shall transaction must not exceed the ordering be accomplished via the use of the USPS. As prescribed in 538.273(d)(11) insert activity’s established limit. If the Contractor Other commercial services shall not be used, the following clause: will not accept payment by the credit or but this does not preclude the Contractor

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from making delivery by the use of the Alternate I (Date): As prescribed by Order Acknowledgement (Date) Contractor’s own vehicles. 538.273(d)(17), substitute the following Contractors shall acknowledge only those (c) Time of Delivery. Notwithstanding the for the basic clause: orders which state ‘‘Order Acknowledgement required time for delivery to destination as (a) Inspection by the Government. It is Required’’. These orders shall be may be specified elsewhere in this contract, acknowledged within 10 calendar days after if shipments under this clause are mailed not anticipated that the supplies purchased under this contract will be inspected at receipt. Such acknowledgement shall be sent later than five (5) calendar days before the to the ordering activity placing the order and required delivery date, delivery shall be destination by the Government to ensure conformance with technical requirements as contain information pertinent to the order, deemed to have been made timely. including the anticipated delivery date. (End of clause) specified herein. (b) Responsibility for Rejected Supplies. If, (End of clause) 552.238–100 Characteristics of Electric after due notice of rejection, the Contractor Current. fails to remove or provide instructions for the 552.238–105 Urgent Requirements. removal of rejected supplies pursuant to the As prescribed in 538.273(d)(15), insert As prescribed in 538.273(d)(20), insert Contracting Officer’s instructions, the the following clause: the following clause: Contractor shall be liable for all costs Characteristics of Electric Current (Date) incurred by the Government in taking such Urgent Requirements (Date) measures as are expedient to avoid Contractors supplying equipment which When the Federal Supply Schedule unnecessary loss to the Contractor. In contract delivery period does not meet the uses electrical current are required to supply addition to any other remedies which may be equipment suitable for the electrical system bona fide urgent delivery requirements of an available under this contract, the supplies ordering activity, the ordering activity is at the location at which the equipment is to may be stored for the Contractor’s account or be used as specified on the order. encouraged, if time permits, to contact the sold to the highest bidder on the open market Contractor for the purpose of obtaining (End of clause) and the proceeds applied against the accelerated delivery. The Contractor shall accumulated storage and other costs, reply to the inquiry within three (3) business 552.238–101 Marking and Documentation including the cost of the sale. days after receipt. (Telephonic replies shall Requirements for Shipping. (c) Additional Costs for Inspection and be confirmed by the Contractor in writing.) As prescribed in 538.273(d)(16), insert Testing. (The Contracting Officer shall insert If the Contractor offers an accelerated the rates). When prior rejection makes the following clause: delivery time acceptable to the ordering reinspection or retesting necessary, the activity, any order(s) placed pursuant to the Marking and Documentation Requirements following charges are applicable. When agreed upon accelerated delivery time frame for Shipping (Date) inspection or testing is performed by or shall be delivered within this shorter (a) It shall be the responsibility of the under the direction of GSA, charges will be delivery time and in accordance with all llll ordering activity to determine the full at the rate of $ per man-hour or other terms and conditions of the contract. marking and documentation requirements fraction thereof if the inspection is at a GSA llll necessary under the various methods of distribution center; $ per man-hour (End of clause) shipment authorized by the contract. Set or fraction thereof, plus travel costs incurred, if the inspection is at another location; and 552.238–106 Post-Award Samples. forth is the minimum information and _____ documentation that will be required for $ per man-hour or fraction thereof for As prescribed in 538.273(d)(21), insert shipment. In the event the ordering activity laboratory testing, except that when a testing the following clause: facility other than a GSA laboratory performs fails to provide the essential information and Post-Award Samples (Date) documentation, the Contractor shall, within all or part of the required tests, the Contractor three days after receipt of order, contact the shall be assessed the actual cost incurred by (a) Within 20 calendar days after approval ordering activity and advise them the Government as a result of testing at such of the brochure proof, Contractors who have accordingly. The Contractor shall not facility. When inspection is performed by or received an award on carpet items are proceed with any shipment requiring under the direction of any agency other than required to: transshipment via U.S. Government facilities GSA, the charges indicated above may be (1) Furnish the Contracting Officer with 5 without the stated prerequisites: used, or the agency may assess the actual cost sets (by sets, not loosely packed) of samples (b) Direct Shipments. The Contractor shall of performing the inspection and testing. approximately 12 by 12 inches of all patterns mark all items ordered against this contract and/or colors awarded; with indelible ink, paint or fluid, as follows: 552.238–103 Vendor Managed Inventory (2) Furnish such additional sets of samples (1) Traffic Management or Transportation (VMI) Program. as may be requested during the contract Officer at FINAL destination. period; As prescribed in 538.273(d)(18), insert (3) Furnish a set of small cuttings (2) Ordering Supply Account Number. the following clause: (3) Account number. approximately 3 by 5 inches of each quality (4) Delivery Order or Purchase Order Vendor Managed Inventory (VMI) Program carpet awarded to all ordering activities to Number. (Date) which brochures are mailed, except that such sample cuttings need not be furnished when (5) National Stock Number, if applicable; (a) The term ‘‘Vendor Managed Inventory’’ or Contractor’s item number. the brochure distributed by the Contractor describes a system in which the Contractor was fully swatched with all available colors (6) Box llllll of llllll monitors and maintains specified inventory Boxes. for each quality carpet awarded; levels for selected items at designated (4) Furnish sets of 3 by 5 inch samples to (7) Nomenclature (brief description of stocking points. VMI enables the Contractor items). any ordering activity when specifically to plan production and shipping more requested to do so notwithstanding the fact (End of clause) efficiently. Stocking points benefit from that the brochure was fully swatched; and reduced inventory but steady stock levels. (5) Furnish the Contracting Officer with 552.238–102 Inspection. (b) Contractors that commercially provide one 18 inch by 24 inch sample of each a VMI type system may enter into similar quality carpet and in each color or pattern As prescribed in 538.273(d)(17), insert partnerships with customers under a Blanket the following clause: covered by the contract, with the clear Purchase Agreement. understanding that the Government reserves Inspection (Date) the right at its option to request one (End of clause) Inspection of all purchases under this additional 18 inch by 24 inch sample in any contract will be made at destination by an 552.238–104 Order Acknowledgement. one or all qualities in each pattern and/or authorized Government representative. color specified, and the Contractor agrees to As prescribed in 538.273(d)(19), insert honor such request. These samples will be (End of clause) the following clause: returned at the Contractor’s expense after

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expiration of the contract provided they have (4) Any preservation, packaging, packing, 5 days of the receipt of such order by the not been consumed as a result of the and marking and labeling requirements Contractor and provided further, that Government’s sample requirements. contained elsewhere in the solicitation. delivery is made in accordance with the (b) Each individual sample, or cutting, (b) Offerors are requested to list the other delivery requirements of the contract. shall bear the Contractor’s name, hazardous material item to which the Failure of the Contractor to submit this manufacturer’s name, brand or quality name, separate charge applies in the spaces notification within the time specified shall pattern or color number and name, and the provided below or on a separate attachment. constitute acceptance to furnish ‘‘Delivery National Stock Number. These separate charges will be accepted as Within Consignee’s Premises’’ at the part of the award, if considered reasonable, additional charge awarded. When an (End of clause) and shall be included in the Contractor’s ordering activity issues an order on the basis published catalog and/or price list. of ‘‘Delivery Within Consignee’s Premises’’ at 552.238–107 Restriction on the the accepted additional charge awarded and Acceptance of Orders. Items (SINs or the Contractor accepts such orders on that descriptive name Charge for As prescribed in 538.273(d)(22), insert performance basis, the Contractor will be obligated to of articles, as provide delivery ‘‘F.o.b. Destination, Within the following clause: appropriate) oriented packaging Consignee’s Premises’’ in accordance with Restriction on the Acceptance of Orders FAR 52.247–35, which is then incorporated (Date) by reference, with the exception that an No orders shall be accepted from, and no additional charge as provided herein is deliveries shall be made to any ship of the allowed for such services. Unless otherwise United States Navy or the Military Sealift stipulated by the Offeror, the additional Command. This prohibition shall include all charges awarded hereunder may be applied electrostatic copying equipment, supplies (c) Ordering activities will not be obligated to any delivery within the 48 contiguous (toner, developer, fuser oil) for such to utilize the Contractor’s services for States and the District of Columbia. equipment, repair or replacement parts for Performance Oriented Packaging, and they (c) When exercising their option to issue such equipment, and maintenance or repair may obtain such services elsewhere if orders on the basis of delivery service as service for such equipment. desired. However, the Contractor shall provided herein, ordering activities will provide items in Performance Oriented specify ‘‘Delivery Within Consignee’s (End of clause) Packaging when such packing is specified on Premises’’ on the order, and will indicate the the delivery order. The Contractor’s contract exact location to which delivery is to be 552.238–108 Separate Charge for price and the charge for Performance made. The Contractor’s delivery price and Performance Oriented Packaging (POP). Oriented Packaging will be shown as separate the additional charge(s) for ‘‘Delivery Within entries on the delivery order. Consignee’s Premises’’ will be shown as As prescribed in 538.273(d)(23), insert (d) The test reports showing compliance separate entries on the order. the following clause: with package requirements will be made available to contract administration/ Separate Charge for Performance Oriented Items (NSN’s or Additional charge management representatives upon request. special item (per shipping con- Packaging (POP) (Date) numbers or tainer) for ‘‘deliv- (a) Preservation, packaging, packing, and (End of clause) descriptive name ery within con- marking and labeling of domestic and of articles) signee’s premises’’ overseas HAZMAT SURFACE SHIPMENTS 552.238–109 Additional Service Charge for shall comply with all requirements listed Delivery within Consignee’s Premises. below. Offerors are requested to quote a As prescribed in 538.273(d)(24), insert separate charge, if applicable. the following clause: (1) International Maritime Dangerous Additional Service Charge for Delivery Goods (IMDG) Code established by the Within Consignee’s Premises (Date) International Maritime Organization (IMO) in accordance with the United Nations (UN) (a) Offerors are requested to insert, in the (End of clause) Recommendations on the Transportation of spaces provided below or by attachment Dangerous Goods (Note: Marine pollutants hereto, a separate charge for ‘‘Delivery 552.238–110 Shipping Points. must be labeled as required by the IMDG Within Consignee’s Premises’’ applicable to Code); each shipping container to be shipped. As prescribed in 538.273(d)(25), insert (2) The performance oriented packaging (Articles which are comparable in size and the following clause: weight, and for which the same charge is requirements contained in the U.S. Shipping Points (Date) Department of Transportation (DOT) applicable, shall be grouped under an Hazardous Materials Regulations (HMR; 49 appropriate item description.) These The Contractor awarded f.o.b. origin (or CFR Parts 171 through 180) effective October additional charges will be accepted as part of f.o.b. shipping point) prices shall indicate, in 1, 1991 (Note: The ‘‘Combustible’’ and the award, if considered reasonable, and the spaces provided below, on in a separate ‘‘ORM’’ classifications containing these shall be included in the Contractor’s attachment, the complete address (street, requirements are not permitted by the IMDG published catalog and/or price list. city, and state) from which the items will be Code and cannot be used); (b) Ordering activities are not obligated to shipped, and the name of the carrier serving (3) Occupational Safety and Health issue orders on the basis of ‘‘Delivery Within point (if any). If more than one shipping Administration (OSHA) Regulations 29 CFR Consignee’s Premises,’’ and Contractors may point is designated for an item, ordering Parts 1910.101 through 1910.120 and refuse delivery on that basis provided such activities will have the option of specifying 1910.1000 through 1910.1500, relating to refusal is communicated in writing to the the shipping point unless otherwise noted by Hazardous and Toxic Substances; and ordering activity issuing such orders within the Contractor.

Item Nos. Name of facility Address Carrier

llllllllll llllllllll llllllllll llllllllll llllllllll llllllllll llllllllll llllllllll llllllllll llllllllll llllllllll llllllllll

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(End of clause) (b) 52.214–35; Submission of Offers in U.S. 552.238–115 Transshipments. Currency; As prescribed in 538.273(d)(27)(x), 552.238–111 Contact for Contract (c) 52.247–34; FOB Destination; insert the following clause: Administration. (d) 52.247–38; FOB Inland Carrier, Country As prescribed in 538.273(d)(26), insert of Exportation; Transshipments (Date) the following clause: (e) 52.247–39; FOB Inland Point, Country The Contractor shall complete two DD of Importation; Forms 1387, Military Shipment Labels and, Contact for Contract Administration (Date) (f) 552.238–100; Characteristics of Electric if applicable, four copies of DD Form 1387– (a) Offerors shall complete paragraphs (c) Current; 2, Special Handling/Data Certification—used (g) 552.238–101; Marking and and (d) of this clause if providing both when shipping chemicals, dangerous cargo, Documentation Requirements Per Shipment; domestic and overseas delivery. Complete etc. Two copies of the DD Form 1387 will be (h) 552.238–113; Parts and Service; paragraph (c) of this clause if providing attached to EACH shipping container (i) 552.238–114; Delivery Prices Overseas; domestic delivery only. Complete paragraph delivered to the port Transportation Officer (j) 552.238–115; Transshipments; and (d) of this clause if providing overseas (k) 552.238–116; Foreign Taxes and Duties. for subsequent transshipment by the delivery only. Government as otherwise provided for under (b) The Contractor shall designate a person (End of clause) the terms of this contract. These forms will to serve as the contract administrator for the be attached to one end and one side (NOT contract both domestically and overseas. The 552.238–113 Parts and Service. on the top or bottom) of the container. The contract administrator is responsible for As prescribed in 538.273(d)(27)(viii), Contractor will complete the bottom line of overall compliance with contract terms and insert the following clause: these forms, which pertains to the number of conditions. The contract administrator is also pieces, weight and cube of each piece, using the responsible official for issues concerning Parts and Service (Date) U.S. weight and cubic measures. Weights 552.238–74, Industrial Funding Fee and (a) For equipment under items listed in the will be rounded off to the nearest pound. Sales Reporting, including reviews of schedule of items or services on which offers (One kg = 2.2 U.S. pounds; one cubic meter Contractor records. The Contractor’s are submitted, the Contractor represents by = 35.3156 cubic feet.) In addition, if the cargo designated representative to handle certain submission of this offer that parts and consists of chemicals, or is dangerous, one functions under this contract does not relieve services (including the performing of copy of the DD Form 1387 2 will be attached the contract administrator of responsibility warranty or guarantee service) are now to the container, and three copies will be for contract compliance. Any changes to the available from dealers or distributors serving furnished to the Transportation Officer with designated individual must be provided to the areas of ultimate overseas destination or the Bill of Lading. DANGEROUS CARGO the Contracting Officer in writing, with the that such facilities will be established and WILL NOT BE INTERMINGLED WITH proposed effective date of the change. will be maintained throughout the contract NONDANGEROUS CARGO IN THE SAME (c) Domestic: period. If a new servicing facility is to be CONTAINER. Copies of the above forms and NAME lllllllllllllllll established, the facility shall be established preparation instructions will be obtained TITLE lllllllllllllllll no later than the beginning of the contract from the ordering activity issuing the ADDRESS llllllllllllllll period. Delivery Order. Reproduced copies of the ZIP CODE llllllllllllllll (b) Each Contractor shall be fully forms are acceptable. FAILURE TO INCLUDE TELEPHONE NO. llllllllllll responsible for the services to be performed DD FORMS 1387 (AND DD FORM 1387–2, IF FAX NO. llllllllllllllll by the named servicing facilities, or by such APPLICABLE) ON EACH SHIPPING E-MAIL ADDRESS llllllllllll facilities to be established, and fully CONTAINER WILL RESULT IN REJECTION guarantees performance of such services if (d) Overseas: Overseas contact points are OF SHIPMENT BY THE PORT the original service proves unsatisfactory. TRANSPORTATION OFFICER. mandatory for local assistance with the (c) Contractors are requested to include in resolution of any delivery, performance, or the price list, the names and addresses of all (End of clause) quality complaints from customer agencies. supply and service points maintained in the The designated representative shall be geographic area in which the Contractor will 552.238–116 Foreign Taxes and Duties. available during the local business hours in perform. Please indicate opposite each point As prescribed in 538.273(d)(27)(xi), the country of delivery, even though the whether or not a complete stock of repair insert the following clause: designated representative does not have to be parts for items offered is carried at that point, located in the country of delivery. (Also, see and whether or not mechanical service is Foreign Taxes and Duties (Date) the requirement in 552.238–113, Parts and available. Prices offered must be net, delivered, f.o.b. Service.) A designated representative must be (End of clause) to the destinations accepted by the furnished for each area in which deliveries Government. are contemplated, e.g., Europe, South 552.238–114 Delivery Prices Overseas. (a) The Contractor warrants that such America, Far East, etc. As prescribed in 538.273(d)(27)(ix), prices do not include any tax, duty, customs lllllllll LOCATION(S) COVERED insert the following clause: fees, or other foreign Governmental costs, NAME lllllllllllllllll assessments, or similar charges from which TITLE lllllllllllllllll Delivery Prices Overseas (Date) the U.S. Government is exempt. ADDRESS llllllllllllllll (a) Prices offered must cover delivery to (b) Standard commercial export packaging, ZIP CODE llllllllllllllll destinations as provided below: including containerization, if necessary, TELEPHONE NO. llllllllllll (1) Direct delivery to consignee. F.O.B. packaging, preservation, and/or marking are FAX NO. llllllllllllllll Inland Point, Country of Importation (FAR included in the pricing offered and accepted E-MAIL ADDRESS llllllllllll 52.247–39). (Offeror shall indicate countries by the Government. (End of clause) where direct delivery will be provided.) (2) Delivery to overseas assembly point for (End of clause) 552.238–112 Clauses for Overseas transshipment when specified by the 552.238–117 English Language and U.S. Coverage. ordering activity, if delivery is not covered Dollar Requirements. under paragraph (a), of this section. As prescribed in 538.273(d)(27), insert (3) Delivery to the overseas port of entry As prescribed in 538.273(d)(28), insert the following clause: when delivery is not covered under the following clause: Clauses for Overseas Coverage (Date) paragraphs (a) or (b), of this section. English Language and U.S. Dollar (b) Geographic area(s)/countries/zones Requirements (Date) The following clauses apply to overseas which are intended to be covered must be coverage: identified in the offer. (a) All documents produced by the (a) 52.214–34; Submission of Offers in the Contractor to fulfill requirements of this English Language; (End of clause) contract including, but not limited to,

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Federal Supply Schedule catalogs and price (2) The right is reserved to ordering must make. There are many different lists, must reflect all terms and conditions in agencies to furnish Government bills of providers which provide a variety of the English language. lading. electronic services and different pricing (b) U.S. dollar equivalency, if applicable, strategies. If the provider only provides will be based on the rates published in the (End of clause) communications services, you may also need ‘‘Treasury Reporting Rates of Exchange’’ in 552.238–119 Federal Excise Tax. a software translation package. effect as of the date of the agency’s purchase (c) Registration Instructions. To perform order or in effect during the time period As prescribed in 538.1203(d)(30), EC/EDI with the Government, Contractors specified elsewhere in this contract. insert the following clause: shall register as a trading partner. Contractors Federal Excise Tax (Date) will provide regular business information, (End of clause) banking information, and EC/EDI capabilities Prices offered shall exclude Federal Excise to all agencies in this single registration. A 552.238–118 Delivery Prices. Tax. Ordering agencies will be notified that central repository of all trading partners is As prescribed in 538.273(d)(29), insert the Federal Excise Tax will be invoiced and the Systems for Award Management (SAM) the following clause: paid for by them as a separate item based http://www.sam.gov. Contractors shall follow upon published Rubber Manufacturer’s the instructions on the SAM Web site Delivery Prices (Date) Association average weights effective at time regarding how to register for EC/EDI. (a) Prices offered must cover delivery as of delivery, unless the ordering activity is (d) Implementation Conventions. All EDI provided below to destinations located exempt from such tax. transactions must comply with the Federal within the 48 contiguous States and the (End of clause) Implementation Conventions (ICs). The ICs District of Columbia. are available on a registry maintained by the (1) Delivery to the door of the specified 552.238–120 Guarantee. National Institute of Standards and Government activity by freight or express As prescribed in 538.273(d)(31), insert Technology (NIST). It is accessible via the common carriers on articles for which store- the following clause: Internet at http://www.nist.gov/itl. ICs are door delivery is provided, free or subject to available for common business documents a charge, pursuant to regularly published Guarantee (Date) such as Purchase Order, Price Sales Catalog, tariffs duly filed with the Federal and/or The Contractor guarantees the equipment Invoice, Request for Quotes, etc. State regulatory bodies governing such furnished will be free from defects in (e) Additional Information. GSA has carrier; or, at the option of the Contractor, by material and workmanship for a period of not additional information available for parcel post on mailable articles, or by the less than 1 year from date of delivery. All Contractors who are interested in using EC/ Contractor’s vehicle. Where store-door parts found defective within that period shall EDI on its Web site, www.gsa.gov. ® ® delivery is subject to a charge, the Contractor be replaced, with the cost of replacement, (f) GSA Advantage! . (1) GSA Advantage! shall— including shipping charges, to be borne by uses electronic commerce to receive catalogs (i) Place the notation ‘‘Delivery Service the Contractor. Under no circumstances will and text messages; and to send purchase Requested’’ on bills of lading covering such any equipment covered by this guarantee be orders, application advice, and functional shipments; and returned without: acknowledgments. GSA Advantage!® enables (ii) Pay such charge and add the actual cost (a) Advance written notice to the customers to: thereof as a separate item to his invoice. Contractor; or (i) Perform database searches across all (2) Delivery to siding at destinations when (b) Obtaining shipping instructions from contracts by manufacturer; manufacturer’s specified by the ordering office, if delivery is the Contractor. model/part number; Contractor; and generic not covered under paragraph (a)(1), of this supply categories; section. (End of clause) (ii) Generate EDI/XML delivery orders to (3) Delivery to the freight station nearest Contractors, generate EDI/XML delivery 552.238–121 Electronic Commerce. destination when delivery is not covered orders from the Federal Acquisition Service under paragraph (a)(1) or (a)(2) of this As prescribed in 538.273(d)(32), insert to Contractors, or download files to receive section. the following clause: delivery orders; and (b) The Offeror shall indicate in the offer (iii) Use the credit card. Electronic Commerce (Date) whether or not prices submitted cover (2) GSA Advantage!® may be accessed via delivery f.o.b. destination in Alaska, Hawaii, (a) General Background. The Federal the GSA Home Page. The INTERNET address and the Commonwealth of Puerto Rico. Acquisition Streamlining Act (FASA) of 1994 is: http://www.gsa.gov. (c) When deliveries are made to requires the Government to evolve its destinations outside the contiguous 48 States; acquisition process from one driven by paper (End of clause) i.e., Alaska, Hawaii, and the Commonwealth to an expedited process based on electronic of Puerto Rico, and are not covered by commerce/electronic data interchange (EC/ 552.238–122 Imprest Funds (Petty Cash). paragraph (b), above, the following EDI). EC/EDI encompasses more than merely As prescribed in 538.273(d)(33), insert conditions will apply: automating manual processes and the following clause: (1) Delivery will be f.o.b. inland carrier, eliminating paper transactions. EC/EDI point of exportation (FAR 52.247–38), with improves business processes (e.g. Imprest Funds (Petty Cash) (Date) the transportation charges to be paid by the procurement, finance, logistics) into a fully The Contractor agrees to accept cash Government from point of exportation to electronic environment and fundamentally payment for purchases made under the terms destination in Alaska, Hawaii, or the changes the way organizations operate. of the contract in conformance with Federal Commonwealth of Puerto Rico, as designated (b) Trading Partners and Value-Added Acquisition Regulation (FAR) 13.305. by the ordering office. The Contractor shall Networks/Services (VANs/VASs). add the actual cost of transportation to (1) Within the electronic commerce (End of clause) destination from the point of exportation in architecture, electronic documents (e.g., the 48 contiguous States nearest to the orders, invoices, etc.) are carried between the 552.238–123 Dissemination of Information designated destination. Such costs will, in all Federal Government’s procuring office and by Contractor. cases, be based upon the lowest regularly Contractors (now known as ‘‘trading As prescribed in 538.273(d)(34), insert established rates on file with the Interstate partners’’). These transactions are carried by the following clause: Commerce Commission, the U.S. Maritime 3rd party commercial telecommunications Commission (if shipped by water), or any companies called Value-Added Networks/ Dissemination of Information by Contractor State regulatory body, or those published by Services (VANs/VASs). (Date) the U.S. Postal Service; and must be (2) EC/EDI can be performed using The Government will provide the supported by paid freight or express receipt commercially available hardware, software, Contractor with a single copy of the resulting or by a statement of parcel post charges and telecommunications. The selection of a Federal Supply Schedule contract award including weight of shipment. VAN/VAS is a business decision Contractors documents. However, it is the responsibility

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of the Contractor to furnish all sales outlets 552.238–127 Export Traffic Release awards covering requirements will be made authorized to participate in the performance (Vehicles). by supplemental agreement to this contract. of the contract with the terms, conditions, As prescribed in 538.273(d)(38), insert (End of clause) pricing schedule, and other appropriate the following clause: information. 552.238–130 Authentication Supplies and Export Traffic Release (Vehicles) (Date) (End of clause) Services. Shipment of vehicles for export will not be As prescribed in 538.273(d)(41), insert 552.238–124 Deliveries Beyond the accepted without a release (clearance). To the following clause: Contractual Period—Placing of Orders. obtain this clearance, the contractor shall complete GSA Form 1611, ‘‘Application for Authentication Supplies and Services (Date) As prescribed in 538.273(d)(35), insert Shipping Instructions and Notice of the following clause: (a) General Background. (1) The General Availability,’’ which can be obtained at the Services Administration (GSA) originally Deliveries Beyond the Contractual Period- following Web site: http://www.gsa.gov/ established the Access Certificates for Placing of Orders (Date) portal/forms/type/GSA. Electronic Services (ACES) Program to Thirty (30) days in advance of the provide digital certificates and PKI services In accordance with clause 552.238–78, anticipated date of availability for shipment, for enabling e-Government applications that Scope of Contract (Eligible Ordering the Contractor is to submit a completed GSA require logical access control, digital Activities), this contract covers all Form 1611, including vehicle identification signature and/or electronic authentication. requirements that may be ordered, as (VIN) number(s) for each export destination, This category of supplies and services has distinguished from delivered during the to the Transportation Office designated on been expanded beyond the original scope of contract term. This is for the purpose of the delivery order. Shipment is not to be ACES and is now described as ‘‘Identity and providing continuity of supply or operations made until instructions are received from the Access Management’’ (IAM) to clearly define by permitting ordering activities to place above transportation office. Failure to adhere the kinds of services that meet the orders as requirements arise in the normal to this requirement shall result in refusal of requirements for service providers and course of operations. Accordingly, any order shipment until proper release is obtained. supplies that support FISMA-compliant IAM mailed (or received, if forwarded by other Distribution instructions are provided with systems deployed by Federal agencies. means than through the mail) to the the form. (2) Homeland Security Presidential Contractor on or before the expiration date of Directive 12 (HSPD–12), ‘‘Policy for a the contract, and providing for delivery (End of clause) Common Identification Standard for Federal within the number of days specified in the 552.238–128 Carload Shipments. Employees and Contractors’’ establishes the contract, shall constitute a valid order. requirement for a mandatory Government- As prescribed in 538.273(d)(39), insert wide standard for secure and reliable forms (End of clause) the following clause: of identification issued by the Federal Government to its employees and Contractor 552.238–125 Interpretation of Contract Carload Shipments (Date) Requirements. employees assigned to Government contracts When shipment is to be made by rail, to in order to enhance security, increase As prescribed in 538.273(d)(36), insert one destination, of a carload quantity which Government efficiency, reduce identity fraud, the following clause: includes an item or items the overall length and protect personal privacy. Further, the of which when packed and/or palletized, is Directive requires the Department of Interpretation of Contract Requirements 60 inches or over, the Contractor shall, when Commerce to promulgate a Federal standard (Date) ordering cars, specify that, if available, for secure and reliable forms of identification No interpretation of any provision of this double-door rail cars be furnished. This within six months of the date of the contract, including applicable specifications, provision is intended solely to facilitate Directive. As a result, the National Institute shall be binding on the Government unless unloading by forklift truck at destination. of Standards and Technology (NIST) released furnished or agreed to in writing by the Under no circumstances shall scheduled Federal Information Processing Standard Contracting Officer or his designated shipment be delayed due to nonavailability (FIPS) 201: Personal Identity Verification of representative. of double-door cars. Federal Employees and Contractors on February 25, 2005. FIPS 201 requires that the (End of clause) (End of clause) digital certificates incorporated into the Personal Identity Verification (PIV) identity 552.238–126 Export Traffic Release 552.238–129 Spare Parts Kit. credentials comply with the X.509 Certificate (Supplies). As prescribed in 538.273(d)(40), insert Policy for the U.S. Federal PKI Common As prescribed in 538.273(d)(37), insert the following clause: Policy Framework. In addition, FIPS 201 the following clause: Spare Parts Kit (Date) requires that Federal identity badges referred to as PIV credentials, issued to Federal Export Traffic Release (Supplies) (Date) (a) The Contractor will be required to offer employees and Contractors comply with the Supplies ordered by GSA for export will a spare parts kit conforming, generally, to the Standard and associated NIST Special not be shipped by the Contractor until following requirements for each item Publications 800–73, 800–76, 800–78, and shipping instructions are received from GSA. awarded under this solicitation: [The 800–79. To obtain shipping instructions, the contracting officer shall insert the (b) Special Item Numbers. GSA has Contractor shall forward completed copies of specifications for a spare parts kit specific to established the e-Authentication Initiative GSA Form 1611, Application for Shipping the solicited items.] *l___* (see URL: http://www.idmanagement.gov) to Instructions and Notice of Availability, to the (b) The Contractor shall furnish prices for provide common infrastructure for the GSA office designated on the purchase order spare parts kits as follows: authentication of the public and internal at least 15 days prior to the anticipated (i) Price of kit unpackaged; federal users for logical access to Federal e- shipping date. Copies of GSA Form 1611 will (ii) Price of kit in domestic pack; and Government applications and electronic be furnished to the Contractor with the (iii) Price of kit in wooden case, steel- services. To support the government-wide purchase order. Failure to comply with this strapped. implementation of HSPD–12 and the Federal requirement could result in nonacceptance of (c) The Contractor will be required to e-Authentication Initiative, GSA has the material by authorities at the port of furnish a complete description of spare parts established Special Item Numbers (SINs) exportation. When supplies for export are kit offered, a list of parts included, and the pertaining to Authentication Products and ordered by other Government agencies the price of the kit delivered f.o.b. destination to Services, including Electronic Credentials, Contractor shall obtain shipping instructions any point within the conterminous United Digital Certificates, eAuthentication, Identify from the ordering agency. States within 15 days after receipt of a and Access Management, PKI Shared Service request from the Contracting Officer. If the kit Providers, and HSPD–12 Product and Service (End of clause) offered is acceptable to the Government, Components.

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(c) Qualification Information. (1) All (e) Demonstrating Conformance. The (i) A low-impact information system (per Authentication supplies and services must be Federal Government has established FIPS 200) that is described in the current qualified as being compliant with Qualification Requirements for revision of National Institute of Standards Government-wide requirements before they demonstrating conformance with the and Technology (NIST) Special Publication will be included on a GSA Information Standards. The following Web sites provide (SP) 800–53, ‘‘Recommended Security Technology (IT) Schedule contract. The additional information regarding the Controls for Federal Information Systems and Qualification Requirements and associated evaluation and qualification processes: Organizations,’’ or evaluation procedures against the (1) For Access Certificates for Electronic (ii) A Mission Assurance Category (MAC) Qualification Requirements for each SIN and Services (ACES) and PKI Shared Service III system that is described in the current the specific Qualification Requirements for Provider (SSP) Qualification Requirements revision of DoD Instruction (DoDI) 8500.2, HSPD–12 implementation components are and evaluation procedures: http:// ‘‘Information Assurance Implementation.’’ presented at the following URL: http:// www.idmanagement.gov. (3) The Contractor’s information assurance www.idmanagement.gov. (2) For HSPD–12 Product and Service boundary is where the Contractor’s services (2) In addition, the National Institute of Components Qualification Requirements and connect to the user terminals/equipment (i.e., Standards and Technology (NIST) has evaluation procedures: http:// includes satellite command encryption established the NIST Personal Identity www.idmanagement.gov. (ground and space); systems used in the Verification Program (NPIVP) to evaluate (3) For FIPS 201 compliant products and Satellite Operations Centers (SOCs), Network integrated circuit chip cards and supplies services qualification and approval Operations Centers (NOCs) and teleport; and against conformance requirements contained procedures: http://www.csrc.nist.gov/piv- terrestrial infrastructure required for service in FIPS 201. GSA has established the FIPS project and http://www.smart.gov. delivery). 201 Evaluation Program to evaluate other (f) Acquisition Program Management (c) Delivery Schedule. The Contractor shall supplies needed for agency implementation Office (APMO). GSA has established the deliver COMSATCOM services in accordance of HSPD–12 requirements where normative APMO to provide centralized technical with 552.238–78. requirements are specified in FIPS 201 and oversight and management regarding the (d) Portability. The Contractor shall have to perform card and reader interface testing qualification process to industry partners and the capability to redeploy COMSATCOM for interoperability. Products that are Federal agencies. Contact the following services, subject to availability. Portability approved as FIPS–201 compliant through APMO for information on the shall be provided within the COMSATCOM these evaluation and testing programs may be eAuthentication Qualification process. Contractor’s resources at any time as offered directly through HSPD–12 Supplies Technical, APMO, FIPS 201, and HSPD–12 requested by the ordering activity. When and Services Components SIN under the Points of Contact can be found below, or in portability is exercised, evidence of category ‘‘Approved FIPS 201-Compliant an additional attachment to the solicitation. equivalent net present value (NPV) shall be Products and services’’. [The contracting officer shall insert the provided by the Contractor. (d) Qualification Requirements. Offerors points of contact information below, unless (e) Flexibility/Optimization. The proposing Authentication supplies and otherwise included elsewhere in the Contractor shall have the capability to re- services under the established SINs are solicitation.] *llll* groom resources for spectral, operational, or required to provide the following: price efficiencies. Flexibility/optimization (1) Proposed items must be determined to (End of clause) shall be provided within the COMSATCOM be compliant with Federal requirements for that SIN. Qualification Requirements and 552.238–131 Commercial Satellite Contractor’s resources at any time as procedures for the evaluation of supplies and Communication (COMSATCOM) Services. requested by the ordering activity. When services are posted at the URL: http:// As prescribed in 538.273(d)(42) insert flexibility/optimization is exercised, www.idmanagement.gov. GSA will follow the following clause: evidence of equivalent net present value these procedures in qualifying offeror’s (NPV) shall be provided by the Contractor. supplies and services against the Commercial Satellite Communication The Contractor is encouraged to submit re- Qualification Requirements for applicable to (COMSATCOM) Services (Date) grooming approaches for ordering activity SIN. Offerors must submit all documentation (a) General Background. Special Item consideration that may increase efficiencies certification letter(s) for Authentication Numbers (SINs) have been established for for existing COMSATCOM services. Supplies and Services offerings at the same Commercial Satellite Communications (f) Net Ready (Interoperability). time as submission of proposal. Award will (COMSATCOM) services, focused on COMSATCOM services shall be consistent be dependent upon receipt of official transponded capacity (SIN 132–54) and fixed with commercial standards and practices. documentation from the Acquisition Program and mobile subscription services (SIN 132– Services shall have the capability to access Management Office (APMO) listed below 55), to make available common and/or interoperate with Government or verifying satisfactory qualification against the COMSATCOM services to all Ordering other Commercial teleports/gateways and Qualification Requirements of the proposed Activities. provide enterprise service access to or among SIN(s). (b) Information Assurance. (1) The networks or enclaves. Interfaces may be (2) After award, Contractor agrees that Contractor shall demonstrate, to the identified as interoperable on the basis of certified supplies and services will not be maximum extent practicable, the ability to participation in a sponsored interoperability offered under any other SIN on any Federal meet: program. Supply Schedule. (i) The Committee on National Security (g) Network Monitoring (Net OPS). The (3)(i) If the Contractor changes the supplies Systems Policy (CNSSP) 12, ‘‘National Contractor shall have the capability to or services previously qualified, GSA may Information Assurance Policy for Space electronically collect and deliver near real- require the Contractor to resubmit the Systems used to Support National Security time monitoring, fault/incident/outage supplies or services for re-qualification. Missions’’; or reporting, and information access to ensure (ii) If the Federal Government changes the (ii) Department of Defense Directive effective and efficient operations, qualification requirements or standards, (DoDD) 8581.1, ‘‘Information Assurance (IA) performance, and availability, consistent Contractor must resubmit the supplies and Policy for Space Systems Used by the with commercial practices. Consistent with services for re-qualification. Department of Defense.’’ the Contractor’s standard management (4) Immediately prior to making an award, (2) The Contractor shall demonstrate the practices, the Net Ops information will be Contracting Officers MUST consult the ability to comply with the Federal provided on a frequency (example: every 6 following Web site to ensure that the Information Security Management Act of hours, daily) and format (example: SNMP, supplies and/or services recommended for 2002 as implemented by Federal Information XML) as defined in a requirement to a award under any Authentication Supplies Processing Standards Publication 200 (FIPS location/entity/electronic interface defined and Services SINs are in compliance with the 200), ‘‘Minimum Security Requirements for by the ordering activity. Specific reporting latest APL qualification standards: Federal Information and Information requirements will be defined by the Ordering www.idmanagement.gov. A dated copy of the Systems.’’ In response to ordering activity Activity. applicable page shall be made and included requirements, at a minimum, all services (h) EMI/RFI Identification, with the award documents. shall meet the requirements assigned against: Characterization, and Geo-location. The

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Contractor shall have the capability to collect use of foreign personnel for terminal numbers, individual names, individual and electronically report in near real-time operations and maintenance, then the contact numbers, street addresses, etc. Electro Magnetic Interference (EMI)/Radio Contractor shall ensure compliance with (j) Third party billing for COMSATCOM Frequency Interference (RFI) identification, applicable security directives/guidelines and subscription services. The Contractor shall characterization, and geo-location, including document to the U.S. Government’s identify authorized network infrastructure for the ability to identify and characterize sub- satisfaction that protective measures are in the ordering activity. In some cases, the user carrier EMI/RFI being transmitted place and such individuals have equivalent of the terminal may access network underneath an authorized carrier, and the clearances granted by the local host nation. infrastructure owned or operated by a third ability to geo-locate the source of any and all (4) For classified operations security party. In the event a terminal is used on a EMI/RFI. The Contractor shall establish and (OPSEC), the Contractor shall ensure that all third party’s network infrastructure, the use with the ordering activity a mutually personnel in direct contact with classified Contractor shall provide to the ordering agreed upon media and voice OPSEC indicators (example: the unit, activity, invoices and documentation communications capability capable of location, and time of operations) have U.S. reflecting actual usage amount and third protecting ‘‘Sensitive, but Unclassified’’ data. SECRET or higher personnel security party charges incurred. The ordering activity (i) Security. (1) The Contractor may be clearances, or, as appropriate, equivalent shall be billed the actual third party charges required to obtain/possess varying levels of clearances assigned by the National Security incurred, or the contract third party billing personnel and facility security clearances up Authority of a NATO Member State or Major price, whichever is less. to U.S. Government TOP SECRET/Sensitive Non-NATO Ally, in accordance with Compartmented Information (TS/SCI) or applicable security directives and guidelines. (End of clause) equivalent clearances assigned by the (5) For classified requirements, cleared National Security Authority of a NATO satellite operator staff must have access to 552.238–132 Environmental Protection Member State or Major Non-NATO Ally. secure voice communications for emergency Agency Registration Requirement. (2) For incident resolution involving purposes. Communications security As prescribed in 538.273(d)(43), insert classified matters, the Contractor shall equipment certified by the National Security the following clause: provide appropriately cleared staff who can Agency (NSA) to secure unclassified and up affect COMSATCOM services operations to and including SECRET communication Environmental Protection Agency (example: satellite payload operations, transmissions at all operations centers is Registration Requirement (Date) network operations). The Contractor shall preferred. If a Contractor is unable to have (a) With respect to the products described provide a minimum of one operations staff access to NSA-approved communications in this solicitation which require registration member AND a minimum of one person with security equipment at its operations centers, with the Environmental Protection Agency the authority to commit the company if then a combination of a ‘‘Sensitive but (EPA), as required by the Federal Insecticide, resolution requires business impacting Unclassified’’ (SBU) cryptographic module Fungicide, and Rodenticide Act, Section 3, decisions (example: Chief Executive Officer, approved by the U.S. National Institute for Registration of Pesticides, awards will be Chief Operations Officer, etc.). Standards and Technology and pre-arranged made only for such products that have been (3) When Communications Security or access to National Security Agency-approved assigned an EPA registration number, prior to Transmission Security equipment or keying communications security equipment at an the time of bid opening. material is placed in the equipment/terminal agreed alternate facility is acceptable. (b) The offeror shall insert in the spaces shelter, the Contractor shall ensure (6) The Contractor shall have the capability provided below, the manufacturer’s and/or compliance with applicable physical security to ‘‘mask’’ or ‘‘protect’’ users against distributor’s name and the ‘‘EPA Registration directives/guidelines and that all deployed unauthorized release of identifying Number’’ for each item offered. Any offer equipment/terminal operations and information to any entity that could which does not specify a current ‘‘EPA maintenance personnel shall possess the compromise operations security. Identifying Registration Number’’ in effect for the appropriate clearances, equal to or higher information includes but is not limited to duration of the contract period, and than the classification level of the data being personal user and/or unit information including the manufacturer’s and/or transmitted. Where local regulations require including tail numbers, unit names, unit distributor’s name will be rejected.

Name of manufacturer/ Item Nos. Distributor No. EPA Registration Date of expiration

llllllllll llllllllll llllllllll llllllllll llllllllll llllllllll llllllllll llllllllll

(c) If, during the performance of a contract Contractor or subcontractor, the Government (End of clause) awarded as a result of this solicitation, the may terminate the contract pursuant to either [FR Doc. 2014–21326 Filed 9–9–14; 8:45 am] EPA Registration Number for products being the Default Clause or Termination for Cause BILLING CODE 6820–61–P furnished is terminated, withdrawn, Paragraph (contained in the clause 52.212–4, canceled, or suspended, and such action does Contract Terms and Conditions—Commercial not arise out of causes beyond the control, Items), whichever is applicable to the and with the fault or negligence of the resultant contract.

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