[Federal Register: July 5, 2000 (Volume 65, Number 129)]
[Rules and Regulations]
[Page 41378-41380]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jy00-23]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 501, 511, 512, 525, 532, 537, and 552
RIN 3090-AH22
Payment Information and Clarification of Provisions and Clauses
Applicable to Contract Actions Under the Javits-Wagner-O'Day Act
AGENCY: Office of Acquisition Policy, GSA.
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is issuing a final
rule to rewrite the General Services Administration Acquisition
Regulation (GSAR), Foreign Acquisition, for consistency with the recent
Federal Acquisition Regulation (FAR) rewrite. This final rule also
deletes a provision for brand name or equal purchase descriptions now
covered by a FAR provision, adds a clause to notify contractors of
payment information available electronically, and clarifies that
certain provisions and clauses for building services contracts do not
apply to contract actions made under the Javits-Wagner-O'Day Act.
DATES: Effective Date: July 24, 2000.
FOR FURTHER INFORMATION CONTACT: Gloria Sochon, GSA Acquisition Policy
Division, (202) 208-6726.
SUPPLEMENTARY INFORMATION:
A. Background
The FAR published a final rewrite of FAR Part 25, Foreign
Acquisition, in the Federal Register on December 27, 1999 (64 FR
72414). This rule reorganizes the GSAR for consistency with the FAR
changes. It also eliminates a provision and a clause, which duplicate
coverage in the FAR, regarding evaluation of offers and delivery under
contracts subject to trade agreements. It does not place any new
requirements on offerors or contractors.
The FAR published a final rule on use of brand name or equal
purchase descriptions in the Federal Register on June 17, 1999 (64 FR
32740). This rule eliminates a GSAR provision that duplicates coverage
now contained in the provision at FAR 52.211-6, Brand Name or Equal.
For invoice payments made by GSA, payment information is available
on the Internet. This rule provides a clause to notify contractors that
the information is available and how to access it. A GSA contractor may
access this information at its discretion to track the date and amount
of payments made by GSA. Access to timely payment information may help
a contractor to improve its financial management.
This rule also clarifies that certain provisions and clauses
prescribed at GSAR 537.110 do not apply to contracts for building
services initiated under the authority of the Javits-Wagner-O'Day Act
(JWOD). The provision at GSAR 552.237-70, Qualifications of Offerors,
and the clause at 552.237-71, Qualifications of Employees, do not apply
to JWOD contract actions. Qualifications of JWOD participating
nonprofit agencies are established by the Committee for Purchase from
People Who Are Blind or Severely Disabled (see FAR subpart 8.7). This
clarification will help avoid potential conflict with the rules
established by the Committee, which have precedence.
B. Executive Order 12866
This rule was not subject to Office of Management and Budget review
under Section 6(b) of Executive Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
C. Regulatory Flexibility Act
The final rule does not constitute a significant GSAR revision
within the meaning of FAR 1.501 and Public Law 98-577, and publication
for public commenters is not required. However, GSA will consider
comments from small entities concerning the affected GSAR parts in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S. 601, et seq., in
correspondence.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the GSAR do not impose recordkeeping or information collection
requirements, or otherwise collect information from offerors,
contractors, or members of the public that require approval of the
Office of Management and Budget under 44 U.S.C. 3501 et seq.
E. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule under 5 U.S.C. 804. This rule was
submitted to Congress and GAO under 5 US.C. 801.
F. Determination To Issue a Final Rule
GSA expects this rule will have no significant cost or
administrative burden on contractors or offerors. The changes improve
clarity and avoid potential conflicts with FAR rules.
List of Subjects in 48 CFR Parts 501, 511, 512, 525, 532, 537 and
552
Government procurement.
Final Rule
Accordingly, GSA amends 48 CFR Parts 501, 511, 512, 525, 532, 537
and 552 as set forth below:
1. The authority citation for 48 CFR Parts 501, 511, 512, 525, 532,
537 and 552 continues to read as follows:
Authority: 40 U.S.C. 486(c).
PART 511--DESCRIBING AGENCY NEEDS
2. Amend section 501.106 as follows: Delete the GSAR Reference to
511.170-3(a) and OMB Control No. 3090-0203, delete the GSAR Reference
to 511.170-3(c) and OMB control No. 3090-0203, delete the GSAR
Reference to 552.211-70 and OMB Control No. 3090-0203, and add a GSAR
Reference to 511.140-70 and OMB Control N. 3090-0203.
3. Redesignate section 511.170 as 511.104 and revise the section
title to read as follows:
511.104 Use of brand name or equal purchase descriptions.
4. Redesignate section 511.170-3 as section 511.104-70, delete
paragraphs (c) and (d), and add a new paragraph (c) to read as follows:
511.104-70 Solicitation provisions
* * * * *
(c) If you use brand name or equal purchase descriptions for some
component parts of an end item, you may limit the application of the
provision at FAR 52.211-6 to the specified components
PART 512--ACQUISITION OF COMMERCIAL ITEMS
5. In section 512.301, revise paragraph (a)(3) to read as follows:
512.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(a) * * *
(3) 552.212-72, Contract Terms and Conditions Required to Implement
[[Page 41379]]
Statutes or Executive Orders Applicable to GSA Acquisitions of
Commercial Items, when listed clauses apply. The clause provides for
the incorporation by reference of terms and conditions required to
implement provisions of law or executive orders that apply to
commercial item acquisitions.
* * * * *
PART 525--FOREIGN ACQUISITION
525.105, 525.105-70, 525.109 and Subpart 525.4 [Removed]
6. Remove sections 525.105, 525.105-70, 525.109, and Subpart 525.4.
Add Subparts 525.5 and 525.11 to read as follows:
Subpart 525.5--Evaluating Foreign Officers--Supply Contracts
525.570 Procurement of hand or measuring tools or stainless steel
flatware for DOD.
(a) Stainless steel flatware means special order and stock items of
stainless steel flatware purchased for DOD, including, but not limited
to, the following National Stock Numbers (NSN):
7340-00-060-6057
7340-00-205-3340
7340-00-241-8171
7340-00-559-8357
7340-00-205-3341
7340-00-241-8169
7340-00-241-8170
7340-00-688-1055
7340-00-721-6316
7340-00-721-6971
(b) Purchases of hand or measuring tools or stainless steel
flatware exceeding the simplified acquisition threshold by DOD must be
domestic end products. In the case of stainless steel flatware, the
Secretary of the Department concerned can make an exception. The
individual must determine that a satisfactory quality and sufficient
quantity produced in the United States or its possessions are not
available when needed at domestic market prices.
(c) If GSA solicitations of hand or measuring tools or stainless
steel flatware include DOD requirements, GSA will apply the DOD
restrictions. The bases for applying the DOD restriction to GSA
acquisitions are:
(1) DOD's restrictions apply to requisitions of such items from the
GSA stock program.
(2) The impracticality of establishing a dual supply system to
satisfy the requirements of civilian and military agencies.
(3) GSA may reject any offer when it is considered necessary for
reasons of national interest.
Subpart 525.11--Solicitation Provisions and Contract Clauses
525.1101 Acquisition of supplies.
If you include DOD requirements for hand or measuring tools or
stainless steel flatware in the solicitation for an acquisition
estimated to exceed the simplified acquisition threshold, insert
552.225-70, Notice of Procurement Restriction--Hand or Measuring Tools
or Stainless Steel Flatware, in the solicitation and resulting
contract(s).
PART 532--CONTRACT FINANCING
7. Amend section 532.908 to add paragraph (c) to read as follows:
532.908 Contract clauses.
* * * * *
(c) Solicitations, purchase orders, contracts, and leases over the
micropurchase theshold. Insert 552.232-78, Payment information:
(1) In all solicitations, purchase orders, and contracts, including
acquisitions of leasehold interests in real property.
(2) In task and delivery orders if the contract that the order is
placed against does not include the clause.
PART 537--SERVICE CONTRACTING
8. Revise section 537.110 to read as follows:
537.110 Solicitation provisions and contract clauses.
The following provision and clauses apply to contracts for building
services:
(a) If the contract is expected to exceed the simplified
acquisition threshold and it is not initiated under the Javits-Wagner-
O'Day Act:
(1) Insert 552.237-70, Qualifications of Offerors, in the
solicitation.
(2) Insert 552.237-71, Qualifications of Employees, in the
solicitation and contract. If needed, use supplemental provisions or
clauses to describe specific requirements for employees performing work
on the contract.
(b) Insert 552.237-72, Prohibition Regaring ``Quasi-Military Armed
Forces,'' in solicitations and contracts for guard service.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
552.211-70 [Removed and Reserved]
9. Remove and reserve section 552.211-70.
552.212-71 [Amended]
10. In section 552.212-71, revise the date of the clause to read
``JUL 2000)'' and in paragraph (b) add ``_552.232-78 Payment
Information'' in numerical order.
11. In section 552.212-72, revise the date of the clause to read
``(JUL 2000)'', in paragraph (a) delete ``_552.225-8 Buy American Act--
Trade Agreement's--Balance of Payments Program Certificate'', and in
paragraph (b) delete ``_552.225-9 Buy American Act--Trade Agreements--
Balance of Payments Program.''
552.225-8 and 552.225-9 [Removed]
12. Remove sections 552.225-8 and 552.225-9
13. In section 552.225-70, revise the introductory text to read as
follows:
552.225-70 Notice of Procurement Restriction--Hand or Measuring Tools
or Stainless Steel Flatware.
As prescribed in 525.1101, insert the following clause:
* * * * *
14. Add section 552.232-78 to read as follows:
552.232-78 Payment Information.
As prescribed in 532.908(c), insert the following information.
PAYMENT INFORMATION (JUN 2000)
The General Services Administration (GSA) makes information on
contract payments available electronically at http://www.finance.gsa.gov.
The Contractor may register at the site and review its record of payments.
This site provides information only on payments made by GSA, not by
other agencies.
(End of clause)
15. In section 552.243-72, revise the clause date and paragraph
(b)(1)(vii) to read as follows:
552.243-72 Modifications Award Schedule).
* * * * *
MODIFICATIONS (MULTIPLE AWARD SCHEDULE) (JUL 2000)
* * * * *
(b) * * *
(1) * * *
(vii) Any information requested by 52.212-3(f), Offeror
Representations and Certifications--Commercial Items, that may be
necessary to assure compliance with FAR 52.225-1, Buy American Act--
Balance of Payments Programs--Supplies.
* * * * *
[[Page 41380]]
Dated: June 19, 2000.
David A. Drabkin,
Deputy Associate Administrator for Acquisition Policy.
[FR Doc. 00-16766 Filed 7-03-00; 8:45 am]
BILLING CODE 6820-61-M