General Services Administration

Washington, DC 20405

APD 2800.12B, CHGE 2\
February 18, 2000

GSA ORDER

Subject: General Services Administration Acquisition Manual (GSAM)

1\. [Purpose]{.underline}. This order transmits a revision to the
General Services Administration Acquisition Manual.

2\. [Background]{.underline}.

a\. GSA issued the rewritten General Services Administration Acquisition
Regulation (GSAR) as an interim rule in the Federal Register at 64 FR
37200, July 9, 1999. GSA received comments from one respondent and, as a
result, adopted the interim rule as final with changes effective March
10, 2000 (see 65 FR 11246, March 2, 2000). This change incorporates the
GSAR changes.

b\. The training requirements for the Contracting Officers Warrant
Program are changed to reflect the correct number of hours for three of
the courses.

c\. References and procedures in 511 and 523 are updated for consistency
with updated guidance on procedures for procuring products containing
recovered materials and environmentally preferable products.

d\. The Office of the Chief Financial Officer issued GSA Order, Guidance
on Use of the Credit Card for Purchases (CFO 4200.1), effective
September 1, 1999, that replaced OAD 4200.8. This change updates the
appropriate references and procedures. It also updates the clause on
payment by Governmentwide commercial purchase card to reflect Federal
Supply Service (FSS) requirements that FSS contractors accept payment by
the card for all orders that do not exceed the micropurchase threshold.

e\. SBA agreed to extend the Memorandum of Understanding giving GSA
direct 8(a) contracting authority to February 29, 2000. This change
incorporates the new date.

f\. The Office of Enterprise Development and Office of Acquisition
Policy have updated guidance on small business subcontracting. This
change incorporates the updated guidance.

g\. This change provides fiscal year (FY) 1999 performance data for the
Small Business Competitiveness Demonstration Program and procedures for
solicitations issued on or after February 1, 2000, under the program.

Distribution: SPC 4048 Attachment

APD 2800.12B, CHGE 2

h\. GSA issued a proposed rule in the Federal Register at 64 FR 44683,
August 17, 1999, on selection criteria for architect-engineer contracts.
GSA adopted the proposed rule as final with changes effective March 10,
2000 (see 65 FR 11246, March 2, 2000). This change incorporates the GSAR
changes.

i\. The change establishes policy on the composition and
responsibilities of evaluation boards for architect-engineer contracts
to ensure a thorough and fair evaluation of proposals.

j\. FSS multiple award schedule contracts program has changed from
domestic and international contracts, to worldwide contracts. Related
references and warranty provisions are updated for consistency.

3\. [Effective date]{.underline}. March 10, 2000.

4\. [Explanation of changes]{.underline}.

a\. Figure 501-1 reflects corrected hours for Acquisition or Procurement
Planning I, Contract Law, and Intermediate Contract Pricing.

b\. Subpart 511.002-72 corrects the title of GSA\'s Affirmative
Procurement Program (APP) for Recovered Materials.

c\. Subparts 513.3 and 532.70 and the clause at 552.232-77 reference the
new GSA Order, Guidance on Use of the Credit Card for Purchases (CFO
4200.1), its procedures, and FSS requirements on use of the
Governmentwide commercial purchase card.

d\. Subpart 519.870 extends the effective date of GSA\'s direct 8(a)
contracting authority to February 29, 2000.

e\. Subpart 519.7 incorporates updated guidance on the small business
subcontracting program, including two new appendices: Appendix 519A,
Small Business Subcontracting Plan Outline (Model) and Appendix 519B,
Subcontracting Plan Evaluation Checklist. This change renumbers earlier
appendices in order and updates references accordingly.

f\. Subpart 519.10 provides FY 1999 performance data under the Small
Business Competitiveness Demonstration Program and procedures for
solicitations issued on or after February 1, 2000 under the Program.

g\. Subpart 523.404 designates the Agency Environmental Executive as the
approving official for any purchase of designated products that does not
meet or exceed established guidelines and standards.

h\. Sections 533.103 and 552.233-70 clarify requirements for exchange of
information between the parties to an agency protest.

APD 2800.12B, CHGE 2

i\. The requirements in section 536.201 for a performance report on
construction contracts are revised for consistency with the FAR.

j\. Section 536.602 provides guidance on how to use location in the
general geographical area as a selection criteria in architect-engineer
contracts, sets standards for evaluation board composition, and
clarifies the responsibilities of architect-engineer evaluation boards.

k\. Section 542.1503-3 is deleted. The section had conflicting,
out-dated guidance on review of disagreements between GSA and a
contractor regarding GSA\'s evaluation of the contractor.

l\. Sections 546.710 and 552.246-74 update the warranty provision
applicable to multiple award schedule contracts and delete the clause
for international multiple award schedules for consistency with current
FSS programs.

m\. Renames Subchapter 570 to Subchapter I to conform with Title 48,
Code of Federal Regulations, conventions.

5\. [Filing instructions]{.underline}. Remove and insert the following
pages to the GSAR:

[Remove pages]{.underline} [Insert pages]{.underline}

Table of Contents (TOC), xi thru xii same

TOC, xv thru xvi same

TOC, xix thru xx same

TOC, xxiii thru xxiv same

A-15 thru A-16 same

B-23 thru B-24 same

C-1 thru C-2 same

D-5 thru D-59 D-5 thru D-80

E-13 thru E-14 same

E-19 thru E-20 E-19 thru E-20.1

F-1 thru F-2 same

F-9 thru F-12 F-9 thru F-12.1

G-5 thru G-6 same

G-15 thru G-16 same

TOC, Subchapter H, iii thru iv same

H-59 thru H-64 H-59 thru H-64.1

H-99 thru H-104 same

H-129 thru H-132 same

570-1 thru 570-2 same

/s/

J. Les Davison

Acting Deputy Associate Administrator

for Acquisition Policy

**SUBCHAPTER D\--SOCIOECONOMIC PROGRAMS**

**PART 519 SMALL BUSINESS PROGRAMS**

519.001 Definitions.

**519.2 Policies**

519.201 General policy.

519.202 Specific policies.

519.202-2 Locating small business sources.

519.202-4 Solicitation.

**519.3 Determination of Status as a Small Business, HUBZone Small
Business, or Small Disadvantaged Business Concern**

519.302 Protesting a small business representation.

519.305 Protesting a representation of disadvantaged business status.

519.306 Protesting a firm\'s status as a HUBZone small business concern.

**519.4 Cooperation With the Small Business Administration**

**519.5 Set-Asides For Small Business**

519.502 Setting aside acquisitions.

519.502-1 Requirements for setting aside acquisitions.

519.502-70 Review of non-set-aside determinations.

519.503 Setting aside a class of acquisitions.

519.506 Withdrawing or modifying set-asides.

519.508 Solicitation provisions and contract clauses.

**519.6 Certificates of Competency and Determinations of
Responsibility**

519.602 Procedures.

519.602-3 Resolving differences between the agency and the Small
Business Administration.

**519.7 The Small Business Subcontracting Program**

519.700-070 Additional responsibilities.

519.702 Statutory requirements.

519.705 Responsibilities of the contracting officer under the
subcontracting assistance program.

519.705-2 Determining the need for a subcontracting plan.

519.705-3 Preparing the solicitation.

519.705-4 Reviewing the subcontracting plan.

519.705-5 Awards involving subcontracting plans.

519.705-6 Postaward responsibilities of the contracting officer.

519.705-7 Liquidated damages.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 xi

519.706 Responsibilities of the cognizant administrative contracting
officer.

519.708 Contract clauses.

519.708-70 Solicitation provisions

**519.8 Contracting With the Small Business Administration (The 8(a)
Program)**

519.803 Selecting acquisitions for the 8(a) program.

519.803-70 Contracting officer evaluation of recommendations for 8(a)
set-aside(s).

519.803-71 Withdrawing or modifying 8(a) set-asides.

519.870 Direct 8(a) contracting.

519.870-1 Authority and applicability.

519.870-2 Acquisitions at or under the SAT.

519.870-3 Acquisitions exceeding the SAT.

519.870-4 Sole source requirements.

519.870-5 Competitive requirements.

519.870-6 Contract administration.

519.870-7 Reporting.

519.870-8 Contract clauses.

**519.10 Small Business Competitiveness Demonstration Program**

519.1006 Procedures.

519.1006-70 Designated industry goals.

519.1006-71 Procedures for designated industry groups.

519.1006-72 Goal attainment for period: Fiscal Year 1999

519.1006-73 Procurement procedures for solicitations issued on or after
February 1, 2000

**519.11 Price Evaluation Adjustment for Small Disadvantaged Business
Concerns**

519.1102 Applicability

519.1103 Procedures

**519.12 Small Disadvantaged Business Participation Program**

519.1201 General.

519.1202 Evaluation factor or subfactor.

519.1202-2 Applicability

519.1202-4 Procedures.

519.1203 Incentive subcontracting with small disadvantaged business
concerns.

**519.13 Historically Underutilized Business Zone (HUBZone) Program**

519.1305 HUBZone set-aside procedures.

519.1307 Price evaluation preference for HUBZone small business
concerns.

**PART 520 \[RESERVED\]**

**PART 521 \[RESERVED\]**

GSAM\
xii APD 2800.12B, Change 2, 3-10-2000

**525.10 Implementation of Sanctions Against Countries that Discriminate
Against United States Products or Services in Government Procurement**

525.1002 Trade Sanctions.

**PART 526 OTHER SOCIOECONOMIC PROGRAMS \[RESERVED\]**

**APPENDIX 519A** Small Business Subcontracting Plan Outline (Model)

**APPENDIX 519B** Subcontracting Plan Evaluation Checklist

**APPENDIX 519C** Reports on Small Business Participation

**APPENDIX 519D** SDB Price Evaluation Adjustment Decision Charts

**APPENDIX 519E** Examples: Applying The SDB Price Evaluation Adjustment
and HUBZone Price Evaluation Preference

**APPENDIX 523A** Affirmative Procurement Program For Recovered
Materials

**SUBCHAPTER E\--GENERAL CONTRACTING REQUIREMENTS**

**PART 527 PATENTS, DATA, AND COPYRIGHTS**

**527.4 Rights In Data and Copyrights**

527.409 Solicitation provisions and contract clauses.

**PART 528 BONDS AND INSURANCE**

**528.1 Bonds and Other Financial Protections**

528.101 Bid guarantees.

528.101-1 Policy on use.

528.102 Performance and payment bonds and alternative payment
protections for construction contracts.

528.102-1 General.

528.103 Performance and payment bonds for other than construction
contracts.

528.103-2 Performance bonds.

528.103-3 Payment bonds.

528.106 Administration.

528.106-6 Furnishing information.

**528.2 Sureties and Other Security For Bonds**

528.202 Acceptability of corporate sureties.

528.202-70 Acceptability of bonds and sureties.

528.203 Acceptability of individual sureties.

528.203-7 Exclusion of individual sureties.

528.204 Alternatives in lieu of corporate or individual sureties.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 xv

**528.3 Insurance**

528.30l Policy.

528.310 Contract clause for work on a Government installation.

**PART 529 TAXES**

**529.4 Contract Clauses**

529.401 Domestic contracts.

529.401-70 Purchases made using simplified acquisition procedures.

529.401-71 Contracts for supplies and services usable by the DC
Government.

**PART 530 COST ACCOUNTING STANDARDS ADMINISTRATION**

**530.2 CAS Program Requirements**

530.201-5 Waiver.

**PART 531 CONTRACT COST PRINCIPLES AND PROCEDURES**

**531.1 Applicability**

531.101 Objectives.

**PART 532 CONTRACT FINANCING**

**532.1 Non-Commercial Item Purchase Financing**

532.111 Contract clauses for non-commercial purchases.

532.112 Payment of subcontractors under contracts for non-commercial
items.

532.112-1 Subcontractor assertions of nonpayment.

**532.2 Commercial Item Purchase Financing**

532.206 Solicitation provisions and contract clauses.

**532.4 Advance Payments For Non-Commercial Items**

532.402 General.

532.407 Interest.

**532.5 Progress Payments Based On Costs**

532.501 General.

532.501-2 Unusual progress payments.

532.501-70 Use of benchmarks with progress payments based on costs.

532.502 Preaward matters.

532.502-2 Contract finance office clearance.

532.503-5 Administration of progress payments.

532.503-6 Suspension or reduction of payments.

532.503-9 Liquidation rates - alternate method.

GSAM\
xvi APD 2800.12B, 09-01-99

536.213-371 Bids that include options.

536.213-372 Bids that include both alternates and options.

536.270 Exercise of options.

536.271 Project labor agreements.

**536.5 Contract Clauses**

536.570 Supplemental provisions and clauses.

536.570-1 Definitions.

536.570-2 Authorities and limitations.

536.570-3 Specialist.

536.570-4 Basis of award---construction contract.

536.570-5 Working hours.

536.570-6 Use of premises.

536.570-7 Measurements.

536.570-8 Specifications and drawings.

536.570-9 Shop drawings, coordination drawings, and schedules.

536.570-10 Samples.

536.570-11 Heat.

536.570-12 Use of equipment by the Government.

536.570-13 Subcontracts.

536.570-14 Requirement for a project labor agreement.

**536.6 Architect-Engineer Services**

536.602 Selection of firms for architect-engineer contracts.

536.602-1 Selection criteria.

536.602-2 Evaluation boards.

536.602-3 Evaluation board functions.

**PART 537 SERVICE CONTRACTING**

**537.1 Service Contracts \-- General**

537.101 Definitions.

537.106 Funding and term of service contracts.

537.110 Solicitation provisions and contract clauses.

**537.2 Advisory and Assistance Services**

537.201 Definitions.

537.204 Guidelines for determining availability of personnel.

537.270 Contract clause.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 xix

**PART 538 FEDERAL SUPPLY SCHEDULE CONTRACTING**

**538.2 Establishing and Administering Federal Supply Schedules**

538.270 Evaluation of multiple award schedule (MAS) offers.

538.271 MAS contract awards.

538.272 MAS price reductions.

538.273 Contract clauses.

**PART 539 ACQUISITION OF INFORMATION TECHNOLOGY \[RESERVED\]**

**PART 540 \[RESERVED\]**

**PART 541 ACQUISITION OF UTILITY SERVICES**

**541.4 Administration**

541.401 Monthly and annual review.

**SUBCHAPTER G\--CONTRACT MANAGEMENT**

**PART 542 CONTRACT ADMINISTRATION AND AUDIT SERVICES**

542.001 Definitions

**542.1 Contract Audit Services**

542.102 Assignment of contract audit services.

**542.2 Contract Administration Services**

542.202 Assignment of contract administration.

**542.3 Contract Administration office Functions**

542.302 Contract administration functions.

**542.9 Bankruptcy**

542.901 General.

542.902 Procedures.

**542.11 Production Surveillance and Reporting**

542.1107 Contract clause.

**542.12 Novation and Change-of-Name Agreements**

542.1203 Processing agreements.

**542.15 Contractor Performance Information**

542.1503 Procedures.

GSAM\
xx APD 2800.12B, Change 2, 3-10-2000

**PART 553 FORMS**

**553.1 General**

**553.3 Illustrations of Forms**

**SUBCHAPTER I SPECIAL CONTRACTING PROGRAMS**

**PART 570 ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY**

**570.1 General**

570.101 Applicability.

570.102 Definitions.

570.103 Authority to lease.

570.104 Competition.

570.105 Methods of contracting.

570.105-1 Contracting by negotiation.

570.105-2 Two-phase design-build selection procedures.

570.105-3 Sealed bidding.

570.106 Publicizing/Advertising.

570.107 Oral presentations.

570.108 Responsibility determination.

570.109 Certifications.

570.110 Cost or pricing data and information other than cost or pricing
data.

570.111 Inspection and acceptance.

570.112 Awards to Federal employees.

\` 570.113 Disclosure of mistakes after award.

570.114 Protests.

**570.2 Simplified Lease Acquisition Procedures**

570.201 Purpose.

570.202 Policy.

570.203 Procedures.

570.203-1 Market survey.

570.203-2 Competition.

570.203-3 Soliciting offers.

570.203-4 Negotiation, evaluation, and award.

**570.3 Contracting Procedures For Leasehold Interests In Real
Property**

570.301 Market survey.

570.302 Description of requirements.

570.303 Solicitation for offers.

570.303-1 Preparing the SFO.

570.303-2 Issuing the SFO.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 xxiii

570.303-3 Late offers, modifications of offers, and withdrawals of
offers.

570.303-4 Changes to SFO\'s.

570.304 General source selection procedures.

570.305 Two-phase design-build selection procedures.

570.306 Evaluating offers.

570.307 Negotiations.

570.308 Award.

570.309 Debriefings.

**570.4 Special Aspects of Contracting For Continued Space
Requirements**

570.401 Renewal options.

570.402 Succeeding leases.

570.402-1 General.

570.402-2 Publicizing/Advertising.

570.402-3 Market survey.

570.402-4 No potential acceptable locations.

570.402-5 Potential acceptable locations.

570.402-6 Cost-benefit analysis.

570.403 Expansion requests.

570.404 Superseding leases.

570.405 Lease extensions.

**570.5 Special Aspects of Contracting For Lease Alterations**

570.501 General.

570.502 Alterations by the lessor.

570.502-1 Justification and approval requirements.

570.502-2 Procedures.

570.503 Alterations by the Government or through a separate contract.

**570.6 Solicitation Provisions and Contract Clauses**

570.601 FAR provisions and clauses.

570.602 GSAR solicitation provisions.

570.603 GSAR contract clauses.

570.604 Deviations to provisions and clauses.

**570.7 Forms**

570.701 Standard forms.

570.702 GSA forms.

GSAM\
xxiv APD 2800.12B, 09-01-99

  ------------------------- ----- --------------- ---- -------------- ---- -------- ----------- ---- ----- ----
                                  **CONTRACTING                                     **WARRANT              
                                  OFFICER                                           LEVELS**               
                                  CATEGORIES**                                                             

  Courses                   Hrs   DP              DR                  R    All      B           SA   Int   Sr
                                                                           other                           
                                                                           CO's                            

  Acquisition or            80                                                                       XI    XI
  Procurement Planning I                                                                                   

  Simplified Acquisitions   40                                                      X           XI         

  Contract Formation I      40                                                                       XI    XI

  Contracting by Sealed     40                                                                       XI    XI
  Bidding                                                                                                  

  Contract Administration I 40                                                                  X    XI    XI

  Price Analysis            40                                                                       XI    XI

  Cost Analysis             40                                                                       XI    XI

  Negotiation Techniques    40                                                                       X     XI

  Acquisition or            40                                                                             X
  Procurement Planning II                                                                                  

  Contract Formation II     40                                                                             X

  Contract Administration   40                                                                       X     XI
  II                                                                                                       

  Contract Law              80                                                                       X     XI

  Intermediate Contract     80                                                                       X     X
  Pricing                                                                                                  

  Contracting for           40                                                                       XI    XI
  Architect/Engineer                                                                                       
  Services                                                                                                 

  Construction Contracting  40                                                                       XI    XI

  Federal Real Property     40                                                                  X    XI    XI
  Leasing or Basic Lease                                                                                   
  Contracting                                                                                              

  Cost and Price Analysis   40                                                                       XI    XI
  of Lease Proposals                                                                                       

  Real Estate Law or        40                                                                       X     XI
  Federal Real Property                                                                                    
  Lease Law                                                                                                

  Real Estate Appraisal     40                                                                             X
  Principles                                                                                               

  Techniques of Negotiating 40                                                                  X    XI    XI
  Federal Real Property                                                                                    
  Leases                                                                                                   

  Personal Property Sales   80                                                      X           X    X     X

  Personal Property         32                                                      X           X    X     X
  Utilization & Disposal                                                                                   

  Disposal by Negotiation   24                                                                       X     X

  Disposal Contract Law     40                                                                             X

  Utilization & Disposal of 32                                                                       X     X
  Real Property                                                                                            

  Fleet Sales (fleet sales  40                                                                             X
  personnel only)                                                                                          

  Indicates required                                   DP Personal                                         
  courses                                              property                                            
                                                       disposal                                            
                                                       contracting                                         
                                                       officer                                             

  Indicates the course is                              DR Real                                             
  required only for                                    property                                            
  personnel handling the                               disposal                                            
  type of contract                                     contracting                                         
  addressed in the training                            officer\                                            
                                                       R Realty                                            
                                                       leasing                                             
                                                       contracting                                         
                                                       officer\                                            
                                                       B Basic                                             
                                                       warrant                                             

  X Means the course is                                SA Simplified                                       
  required for a permanent                             acquisition                                         
  warrant                                              warrant\                                            
                                                       Int                                                 
                                                       Intermediate                                        
                                                       warrant                                             

  I Means the course is                                Sr Senior                                           
  required for an interim                              warrant                                             
  warrant                                                                                                  
  ------------------------- ----- --------------- ---- -------------- ---- -------- ----------- ---- ----- ----

**Figure 501-1. Warrant Course Requirements**

GSAM\
APD 2800.12B, Change 2, 3-10-2000 A-15

\(e\) [Educational requirements]{.underline}. Effective January 1, 2000,
applicants for permanent warrants above the simplified acquisition level
must meet the stated education requirements prior to receiving a
warrant. HCAs may, at their discretion, make this requirement effective
prior to January 1, 2000. These requirements apply to all candidates for
permanent warrants, regardless of job series.

\(1\) [Applicants at grades 5 through 12.]{.underline} Applicants for
permanent warrants above the simplified acquisition level, who are at
grades 5 through 12, must either have completed a 4-year course of study
leading to a bachelor\'s degree or have completed 24 semester hours in
any combination of the designated fields.

\(2\) [Applicants at grades 13 and above]{.underline}. Applicants for
permanent warrants above the simplified acquisition level, who are at
grade 13 or above, must have completed a 4- year course of study leading
to a bachelor\'s degree that included or was supplemented by at least 24
semester hours in any combination of the designated fields. The Senior
Procurement Executive may waive one, but not both, of these educational
requirements (i.e., either the requirement for a 4-year course of study
[or]{.underline} the requirement for 24 semester hours in designated
fields), for applicants at grades 13 and above. The applicant must
demonstrate significant analytical and decision-making capabilities, an
acceptable job performance record, and qualifying experience.

\(3\) The designated educational fields are:

\(i\) Accounting.

\(ii\) Business.

\(iii\) Finance.

\(iv\) Law.

\(v\) Contracts

\(vi\) Purchasing

\(vii\) Economics.

\(viii\) Industrial management.

\(ix\) Marketing.

GSAM\
A-16 APD 2800.12B, CHGE 1, 10-1-99

\(2\) Exceptions to the use of metric system measurements may be made on
an individual or class basis. Exceptions for procurements over the
simplified acquisition threshold must be in writing and prepared in
accordance with GSA Order, GSA Metric Program (ADM 8000.1B).

\(3\) The Administrator of GSA may allow use of hard metric
specifications for concrete masonry units and recessed lighting fixtures
in accordance with GSA Order, GSA Metric Program (ADM 8000.1B).

**511.002-71 Construction metrication ombudsman.**

\(a\) GSA's Construction Metrication Ombudsman is in the Office of the
Senior Procurement Executive.

\(b\) The Construction Metrication Ombudsman:

\(1\) Reviews and responds to complaints from prospective bidders,
subcontractors, suppliers, or their designated representatives related
to GSA guidelines and regulations on any of the following:

\(i\) The use of the metric system in contracts for construction of
Federal buildings.

\(ii\) For services and materials required for incorporation in
individual projects to construct Federal Buildings.

\(2\) Ensures that GSA implements the metric system of measurement in a
manner consistent with both:

\(i\) Policy and guidance issued by the Secretary of Commerce.

\(ii\) The Metric Conversion Act of 1975, as amended.

\(c\) The Ombudsman's authority does not replace the authority of the
General Accounting Office.

**511.002-72 Procedures for procuring products containing recovered
materials and\
environmentally preferable products.**

Specification managers must follow the procedures in 523.4 and GSA\'s
Affirmative Procurement Program (APP) for Recovered Materials (Appendix
523A) when preparing plans, drawings, specifications, standards, and
purchase descriptions.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 B-23

**SUBPART 511.1 SELECTING AND DEVELOPING REQUIREMENTS DOCUMENTS**

**511.103 Market acceptance.**

You may require offerors to meet market acceptance criteria under FAR
11.103 to satisfy GSA needs.

**511.170 Use of brand name or equal product descriptions.**

**511.170-1 Policy.**

A \"brand name or equal\" purchase description must meet each of the
following conditions:

\(a\) Cite all known acceptable brand name products in current
manufacture.

\(b\) Provide a general description of those salient physical,
functional, or performance characteristics of the brand name item(s)
which an "equal" item must meet to be acceptable for award.

\(c\) Avoid specifying characteristics that do not materially affect the
intended end use and which unnecessarily restrict competition.

**511.170-2 General.**

\(a\) You may require samples for \"or equal\" offers, but not for
\"brand name\" offers.

\(b\) Provide for full consideration and evaluation of \"or equal\"
offers against the salient characteristics specified in the purchase
description. Do not reject offers for minor differences in design,
construction, or features which do not affect the suitability of the
product for its intended use.

**511.170-3 Solicitation provisions.**

\(a\) Include the following immediately after each brand name or equal
item description, with instructions for the offeror to complete the
information:

Offering on:\
Manufacturer\'s
Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Brand\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Model or Part
No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(b\) If the solicitation does not require samples for \"or equal\"
offers, include the following notice in the list of brand name or equal
items or component parts:

GSAM\
B-24 APD 2800.12B, 09-01-99

**SUBCHAPTER C\--CONTRACTING METHODS AND CONTRACT TYPES**

**PART 513 SIMPLIFIED ACQUISITION PROCEDURES**

**513.003 Policy.**

When you use an oral solicitation for an action over the micro-purchase
threshold and the Service Contract Act applies, provide information on
the Act and the applicable wage determination to potential contractors
as part of the oral solicitation.

**513.1 PROCEDURES**

**513.106-1 Soliciting competition.**

\(a\) "Urgency", as used in FAR 13.106-1(a)(1)(iii) and 13.106-1(b),
includes situations which, if not corrected immediately, will result in
unnecessary expenditure of funds, property damage, personal injury, or
interruption of agency functions.

\(b\) To avoid unnecessarily restricting competition for urgent
requirements, consider the following actions:

\(1\) Inviting prospective offerors to visit the site.

\(2\) Informing them orally of the exact requirements.

\(3\) Requesting them to prepare quotations.

**513.106-3 Award and documentation.**

\(a\) [File documentation and retention]{.underline}. You may use GSA
Form 2010, Small Purchase Tabulation Source List/Abstract, to document
written and oral quotations.

\(b\) [Special situations]{.underline}. Document the basis for rejecting
a lower quotation if quotes or offers were evaluated based on price
alone.

**SUBPART 513.3 SIMPLIFIED ACQUISITION METHODS**

**513.301 Governmentwide commercial purchase card.**

\(a\) GSA Order, Guidance on Use of the Credit Card for Purchases (CFO
4200.1), establishes procedures for using the Governmentwide commercial
purchase card to make purchases and payments.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 C-1

\(b\) Use of the Governmentwide commercial purchase card is a payment
method, not an acquisition method. You must comply with all procedures
and documentation requirements that apply to the procurement action.

**513.302 Purchase orders.**

**513.302-70 Purchase order and related forms.**

\(a\) See GSA Order, Guidance on Use of the Credit Card for Purchases
(CFO 4200.1), for forms required for purchase card actions.

\(b\) Use GSA Form 300 or 300-1 (pin-feed format), Order for Supplies
and Services, instead of OF 347, Order for Supplies or Services, when
making purchases payable through the National Electronic Accounting and
Reporting (NEAR) System.

\(1\) This form may also be used to make other purchases when a specific
form is not prescribed. It may be used as a delivery or task order
instead of SF 1449, Solicitation/Contract/Order for Commercial Items.

\(2\) Prepare and process GSA Form 300 following the instructions at
553.370-300-I. Use GSA Form 300A or 300-A(1) (pin-feed format), order
for Supplies or Services (continuation), if additional space is needed.

\(c\) Use GSA Form 1458, Motor Vehicle Shop Work Order, Repair and
Purchase Order, instead of the OF 347 when making purchases in
connection with the maintenance, servicing or repair of GSA fleet
management vehicles.

\(d\) Use GSA Form 3186, Order for Supplies or Services or GSA Form
3186-B, Order for Supplies or Services (EDI), instead of OF 347, Order
for Supplies or Services, when making simplified acquisitions or placing
orders against established contracts through the FSS-19 system.

\(1\) Use GSA Form 3186 for mail orders placed against established
contracts.

\(2\) Document the file for a delivery, task, or purchase order
transmitted to contractors electronically using Electronic Data
Interchange (EDI) procedures by generating a GSA Form 3186-B.

\(e\) Use GSA Form 8002B, Motor Vehicle Delivery Order, to order fleet
management vehicles. Do not use this form as a purchase order for
simplified acquisitions. Use GSA Form 8002A to notify the consignee of
the status of motor vehicle requisitions.

\(f\) The contracting director is responsible for safeguarding books of
Standard Form 44's and establishing procedures to account for purchases.
Do not authorize use of this form if the seller's accounting system
requires production of an invoice as a matter of routine. Consider other
authorized methods, giving preference to use of the Governmentwide
commercial purchase card.

GSAM\
C-2 APD 2800.12B, Change 2, 3-10-2000

**519.503 Setting aside a class of acquisitions.**

\(a\) [Definition]{.underline}. A class set-aside is an item (or
service), a group of related items under a Federal Supply Class (FSC),
or a whole FSC set aside for exclusive small business participation on
more than a one-time basis. If the item or group of items constitute
only a small portion of an FSC, this definition still applies.

\(b\) [Determinations]{.underline}. If you have procurement
responsibility for the class of items or services involved, prepare the
determination required by FAR 19.503(b). The determination can apply to
either a total or partial set-aside.

**519.506 Withdrawing or modifying set-asides.**

If you and the SBTA disagree over the withdrawal or modification of a
set-aside, the SBTA must notify the AAOED at the same time the matter is
referred to the SBA PCR.

**519.508 Solicitation provisions and contract clauses.**

Insert 552.219-70, Allocation of Orders-Partially Set-Aside Items, in
solicitations and requirements type supply contracts that are partially
set aside for small business.

**SUBPART 519.6 CERTIFICATES OF COMPETENCY AND DETERMINATIONS OF
RESPONSIBILITY**

**519.602 Procedures.**

**519.602-3 Resolving differences between the agency and the Small
Business\
Administration.**

\(a\) Within 5 business days after requesting the SBA Area Office to
refer an intention to issue a Certificate of Competency to SBA
Headquarters for review, forward the information in (a)(1) and (a)(2) of
this subsection to the AAOED. This period may be extended by mutual
agreement.

\(1\) Copies of all correspondence between GSA and SBA concerning the
case. Include the initial referral notice of nonresponsibility.

\(2\) Copies of all technical documents sent to SBA (for example, the
solicitation, preaward surveys, or any abstract of offers). Include any
new information and justify your decision to continue the appeal.

\(b\) After considering all the facts and conferring with the applicable
contracting activity, the AAOED will decide whether or not to file a
formal appeal. Before deciding not to appeal,

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-5

the AAOED must notify the concerned activity. The AAOED also must notify
you of the decision regarding the appeal.

\(c\) For decisions on cases over \$25,000,000, the AAOED will confer
with the contracting activity before responding to SBA regarding either
of the options in FAR 19.602-3(b)(1)(i) and (ii).

**SUBPART 519.7 THE SMALL BUSINESS SUBCONTRACTING PROGRAM**

**519.700-070 Additional responsibilities.**

In addition to FAR 19.705 responsibilities, your preaward
responsibilities include:

\(a\) Develop target goals for sealed bid solicitations when
practicable.

\(b\) Following FAR 15.306, conduct discussions with individual
offerors, as appropriate, concerning the subcontracting plans submitted
for a negotiated solicitation.

\(c\) Notify the AAOED after receipt of offers if you determine that an
apparent successful offeror's proposal has no subcontracting
opportunities.

\(1\) Coordinate the notice through your Small Business Technical
Advisor. In a regional contracting activity, also coordinate the notice
through the regional enterprise development staff.

\(2\) Obtain the AAOED\'s concurrence on the determination prior to
contract award.

**519.702 Statutory Requirements.**

In addition to the exemptions in FAR 19.702(b), other exemptions to the
requirement for subcontracting plans include contracts with:

\(a\) Federal Prison Industries.

\(b\) Nonprofit agencies of the National Industries for the Blind (NIB)
and NISH awarded under the provisions of the Javits-Wagner-O'Day Act.

**519.705 Responsibilities of the contracting officer under the
subcontracting assistance\
program.**

**519.705-2 Determining the need for a subcontracting plan.**

\(a\) When you calculate the applicable threshold, consider the actual
or estimated value of the contract for the entire term of the contract,
including any option period(s). This also applies

GSAM\
D-6 APD 2800.12B, Change 2, 3-10-2000

to schedule contracts and other indefinite delivery type contracts.
Consider the estimated value of all orders expected to be placed during
the term plus all options.

\(b\) FAR 19.705-2(d) permits you to require submission of
subcontracting plans with initial offers under a negotiated acquisition.
You [must]{.underline} require all offerors (other than small business
concerns) to submit subcontracting plans with their initial offers when
a negotiated acquisition meets all four conditions listed below:

\(1\) You anticipate receiving individual subcontracting plans (not
commercial plans).

\(2\) You will award on the basis of trade-offs among cost or price and
technical and/or management factors under FAR 15.101-1.

\(3\) The acquisition [is not]{.underline} a commercial item
acquisition.

\(4\) The acquisition offers more than minimal subcontracting
opportunities.

\(c\) Nothing in paragraph (a) above limits your ability to request
subcontracting plans with initial offers under other negotiated
acquisitions when you decide such action is appropriate under FAR
19.705-2(d). For example, such action may be appropriate for multiple
award schedules where GSA may have responsibility for negotiating
commercial plans.

**519.705-3 Preparing the solicitation.**

\(a\) If an acquisition, excluding any multiple award schedule contract,
will cover two or more Regions and is estimated to exceed \$500 million
(including options):

\(1\) In addition to the SBA PCR, provide the SBTA and Office of
Enterprise Development (E) a reasonable period of time to review any
solicitation requiring submission of a subcontracting plan and to submit
advisory findings before issuing the solicitation. Ensure that
evaluation criteria contained in the solicitation do not unnecessarily
limit subcontracting opportunities for small, HUBZone small, small
disadvantaged, and women-owned small business concerns.

\(2\) For a negotiated acquisition, if you believe that the acquisition
provides substantial subcontracting opportunities, consider including
the offeror's subcontracting plan as an evaluation factor for award.
This may be most appropriate in acquisitions when you expect individual
plans or master plans. You may wish to consult with your SBTA, the
enterprise development staff, or the Office of Enterprise Development
for assistance in developing subcontracting plan evaluation criteria
before incorporating the plan into the solicitation as an evaluation
factor.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-7

**[Target goals in sealed bidding]{.underline}**

\(b\) Unrealistic target goals tend to inhibit competition or increase
acquisition costs if goals are too high. Target goals that offer no
challenge to potential contractors reflect poorly on GSA\'s commitment
to ensure maximum practicable use of small, HUBZone small, small
disadvantaged, and women-owned small business concerns as
subcontractors.

\(c\) In establishing target goals for sealed bid solicitations, avoid
using mechanical formulas or similar approaches that may be considered
arbitrary. Reviewing historical performance by contractors performing
similar work is valid, but you should consider each solicitation
independently in terms of the potential for subcontracting. Use as many
information sources as practical, including your own knowledge of the
supplies or services. Factors to consider in setting targets include:

\(1\) Manufacturing processes involved.

\(2\) Availability and location of potential subcontractors.

\(3\) The basis for establishing subcontracting relationships.

\(4\) The diversity in prevailing economic conditions in the place of
contract performance.

\(d\) If you cannot establish realistic target goals, do not state
specific targets in the solicitation.

\(1\) Establishing realistic target goals is likely to be a problem in
contracting for supplies because the place of contract performance may
not be known prior to contract award.

\(2\) Even if you can predict the area of contract performance because a
particular industry is concentrated there, the diversity of
manufacturing processes may affect the amount of subcontracting and how
subcontracting relationships are established. For example, some
manufacturers may use formal teaming arrangements or long term
relationships versus nonrepetitive purchase orders.

**519.705-4 Reviewing the subcontracting plan.**

\(a\) You may provide offerors a model subcontracting plan when you
determine it appropriate, e.g., when it may facilitate evaluation or
negotiation. Use the model plan developed by the Office of Enterprise
Development (E) in Appendix 519A. Include the following notice on the
transmittal, if you provide the model in response to a single request,
or in the solicitation, if you include it as an attachment:

Notice to Offerors: "GSA provides this model plan as a tool. You must
adapt this model plan to fit your subcontracting situation. The plan is
not a fill-in-the-blank form and your

GSAM\
D-8 APD 2800.12B, Change 2, 3-10-2000

must remove instructional language. This model does not establish
minimum requirements for an acceptable plan. The model reflects
objectives GSA encourages contractors to adopt."

\(b\) Performance under other contracts is an indicator of an offeror\'s
understanding of the reasons for the law and benefits of the program.

\(1\) If an offeror prepared a subcontracting plan for another contract,
contact the contracting officer responsible for administering the
earlier plan to determine if the offeror met the plan's objectives and
submitted required reports in a timely manner.

\(2\) Consider overall compliance in your evaluation, not just whether
or not the offeror met the goals established in the plan.

\(3\) Submission of timely reports is an indication the offeror takes
its responsibilities seriously.

\(c\) Be flexible and guard against using arbitrary criteria when
reviewing a subcontracting plan. If an offeror has not submitted a
previously-approved commercial or master subcontracting plan, such
detailed review may not be necessary. You may use the Subcontracting
Plan Evaluation Checklist at Appendix 519B to identify potential
weaknesses that should be called to the offeror\'s attention.

\(1\) Remember that a positive goal is required to establish a gauge for
measuring results and to provide an incentive for continuing efforts to
increase the dollar value of subcontracts placed with small, HUBZone
small, small disadvantaged, and women-owned small business concerns.
Carefully scrutinize any subcontracting category (e.g., small business,
HUBZone small business, etc.) where the offeror does not specify a goal
and accept it only after assuring that no subcontracting opportunities
exist. If you accept any category with no goal:

\(i\) You must document the file explaining why you accepted it.

\(ii\) The subcontracting plan must include an assurance that the
contractor will make every effort to continue seeking subcontracting
opportunities in the category that lacks a goal.

\(2\) One measure of the adequacy of a subcontracting plan is that it
provides a challenge to the offeror and then builds upon previous
achievements in subsequent contracts.

\(3\) Include in the contract file your basis for determining the
subcontracting plan's acceptability.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-9

\(d\) You can not tell the offeror what its goals must be. You may tell
the offeror what GSA\'s national goals are. Ensure that an offeror's
subcontracting plan reflects realistic goals and provide the maximum
opportunity practicable to small, HUBZone small, small disadvantaged,
and women-owned small business concerns to participate as
subcontractors. If necessary, obtain information from the offeror to
substantiate the offeror's proposed goals, past performance with respect
to subcontracting, and the proposed good faith effort. This information
may include the names of proposed subcontractors and other such data.

\(e\) When you receive subcontracting plans with initial offers, provide
an opportunity to the SBTA to review the subcontracting plans of those
offers in the competitive range. Allow the SBTA 5 workdays for review.
Consider the SBTA\'s comments in developing your negotiation strategy.

**[Negotiating Goals and Other Aspects of Plans]{.underline}**

\(f\) For complex or large dollar value procurements, when an offeror
proposes miniscule or minimally acceptable goals for small, HUBZone
small, small disadvantaged, and women-owned small business concerns,
ensure that the offeror has included all subcontracts that contribute to
contract performance (see FAR 52.219-9(d)(1)).

\(g\) Develop a strategy for negotiating the subcontracting plan and
goals just as you would for negotiating a contract. Be forceful in
negotiating the subcontracting plan and, whenever possible, offer
recommendations for subcontracting potential with small, HUBZone small,
small disadvantaged, and women-owned small business concerns. Suggest
organizations the offeror may contact to identify potential sources. For
example, offerors may contact any of the following:

\(1\) Local SBA offices. An offeror can ask for assistance in accessing
the SBA\'s Procurement Marketing and Access Network (PRO-*Net*).

\(2\) Department of Commerce, Minority Business Development Agencies
(MBDA's). An offeror can ask for access to the MBDA\'s Profile System.
Refer offerors to Internet address http://www.mbda.gov for more
information.

(3)..GSA Regional enterprise development staffs and SBTAs, as well as
Office of Enterprise Development.

\(4\) State, county, and city government minority business offices.

\(5\) Small, minority, and women-owned business associations by
accessing Internet address http://www.gsa.gov/oed. Click on
Publications, then Available Resources to obtain \"Suggested Resources
for Identifying Small, Minority, and Women-Owned Businesses\".

GSAM\
D-10 APD 2800.12B, Change 2, 3-10-2000

\(6\) Local chambers of commerce.

\(7\) Trade associations, professional organizations, and Procurement
Technical Assistance Centers.

\(h\) In developing a negotiation strategy, consider whether the
offeror's plan is realistic and does more than merely restate the
elements required by FAR clause 52.219-9. Question aspects of the plan
that do not appear to be realistic or do not demonstrate a serious
attempt to address requirements.

**[Commercial plans]{.underline}**

\(i\) Obtain from the contractor copies of any commercial plan for the
company\'s fiscal year and approval document from another GSA
contracting activity or another Federal agency. Incorporate these
documents in the contract.

\(j\) If GSA is the first agency to enter into a contract with a company
during the company\'s fiscal year, you must approve the commercial plan,
ensure receipt of the SF 295, and evaluate compliance with the plan. If
contract administration is delegated, the Administrative Contracting
Officer (ACO) generally is assigned responsibility for receiving the SF
295 and evaluating compliance. Subsequent GSA contracts awarded during
the company\'s same fiscal year and incorporating the previously
approved plan will not require submission of subcontracting reports.

\(k\) If the commercial plan was approved by another agency, the first
GSA contracting officer entering into a contract with the company during
the company\'s same fiscal year in which the plan was approved requires
the contractor to submit the SF 295 report and monitors receipt of the
report. GSA requires no other monitoring or evaluation of this plan.

**519.705-5 Awards involving subcontracting plans.**

\(a\) For each contract that requires a subcontracting plan, both the
SBTA and SBA PCR review the apparent successful offeror's subcontracting
plan. When you make multiple awards under a solicitation, submit the
subcontracting plans of all apparent successful offerors.

\(1\) Except as noted in (b) below, provide the SBTA a copy of the plan
at least 5 workdays before the anticipated award date.

\(2\) Consider any recommendations the SBTA or SBA PCR provides about
whether to accept or reject a subcontracting plan. In the case of an
unresolved disagreement, notify the AAOED and consider any subsequent
advice the AAOED provides.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-11

\(b\) For contracts that meet either of the conditions listed below, the
AAOED will review the SBTA's and SBA PCR's recommendations. Provide the
SBTA a copy of the plan at least 10 days before the anticipated award
date. The SBTA and SBA PCR have 5 workdays to review and comment on the
plan and the AAOED has 5 workdays to review their recommendations. All
reviews must be completed in 10 workdays unless you grant an extension.

\(1\) Contract performance will occur in two or more Regions and the
estimated value of the acquisition exceeds \$500 million (including
options), excluding multiple award schedule contracts.

\(2\) Based on political sensitivity or importance to GSA, the AAOED
designates the procurement for review.

\(c\) [Notification letter for individual contract plans]{.underline}.
After approval of an individual contract plan, using the format below,
send a letter to the contractor transmitting copies of the SF 294 and SF
295. Send the letter with the award package or as soon as practicable
after award.

Name\
Address\
City, State, Zip Code

Re: Subcontracting Plan Reports Contract No.

Dear\_\_\_\_\_\_:

Your individual contract plan submitted for the subject contract has
been approved. You must submit subcontracting reports on Standard Form
(SF) 294, Subcontracting Report for Individual Contracts, and Standard
Form (SF) 295, Summary Subcontract Report.

Use the SF 294 to report subcontracting activity under this contract.
Submit the report semiannually by April 30 for the reporting period
October 1 - March 31 and by October 30 for the reporting period April
1 - September 30. A separate report is required at contract completion.
If requested by the Contracting Officer, you must furnish the name and
size status of your subcontractor(s), and the dollar amount of the
subcontract(s).

Use the SF 295 to report total subcontracting activity under all of your
GSA contracts. Submit the report annually for the period October 1 -
September 30 (the Government fiscal year). The report is due on or
before October 30th of each year. A new reporting cycle begins October
1st of each year.

Send the SF 294 report to: (*insert address of contracting office
administering the contract*), with a copy to: (*insert address of SBTA
in Region or Central Office service where contract was awarded*).

In addition to the Commercial Market Representative (CMR), forward the
SF 295 to (*insert the address of the contracting officer administering
the contract*) and to: GSA Office of Enterprise Development (E), 1800 F
Street, NW, Washington, DC 20405.

The SF 294 and SF 295 report forms are enclosed.

GSAM\
D-12 APD 2800.12B, Change 2, 3-10-2000

Sincerely,

Contracting Officer

Enclosures (SF 294 and SF 295)

\(d\) [Notification letter for commercial plans]{.underline}. After
approval of a commercial plan, send a letter to the contractor
transmitting copies of the SF 295 using the format below. Send the
letter with the award package or as soon as practicable after award.

Name\
Address\
City, State, Zip Code

Re: Subcontracting Plan Reports Contract No.\_\_\_\_\_\_\_\_

Dear\_\_\_\_\_\_\_:

Your commercial plan, submitted in connection with the subject contract
has been approved [by (]{.underline}*insert name[.]{.underline} address.
and telephone number of approving official*). You must submit
subcontracting reports on Standard Form (SF) 295, Summary Subcontract
Report.

The SF 295 is an annual report due on or before October 30th of each
year. The reporting period is October 1 - September 30, i.e., the
Government fiscal year. The report should summarize subcontracting
activity under all contracts awarded during the current fiscal year that
are covered by this commercial plan.

If at any time during contract performance you are unable to identify
capable small, HUBZone small, small disadvantaged, or women-owned small
business concerns, please contact the Office of Enterprise Development
by telephone at (202) 501-1021 or by facsimile at (202) 208-5938.

In addition to the Commercial Market Representative (CMR), forward the
SF 295 to both: (*insert address of contracting office administering the
contract*); and send a copy to: GSA Office of Enterprise Development
(E), 1800 F Street, NW, Washington, DC 20405.

The SF 295 report forms are enclosed.

Sincerely,

Contracting Officer

Enclosure (SF 295)

**519.705-6 Postaward responsibilities of the contracting officer.**

In addition to responsibilities described in FAR 19.705-6, you must give
the SBTA and the Office of Enterprise Development (E) a copy of the
notice of award and the successful offeror's subcontracting plan within
five days of contract award or contract modification when applicable.
The notice of award must contain all the following:

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-13

\(a\) Contractor\'s name, address, and phone number.

\(b\) Subcontracting plan administrator\'s name, address, and phone
number.

\(c\) Contract number.

\(d\) Place of performance.

\(e\) Dollar amount of contract award.

\(f\) Period of contract performance.

\(g\) Description of items/services (including FPDS Product/Service
Code).

\(h\) Contracting Officer\'s name, address, and phone number.

\(i\) Administrative contracting office address and phone number.

\(j\) Type of plan.

\(k\) Approved goals stated both as percentages of total subcontracting
planned and in dollars.

\(l\) A notation, "Awarded under the Energy Policy Act of 1992", if the
contract will be used to measure GSA achievements under Section 3021 of
the Energy Policy Act of 1992.

**519.705-7 Liquidated damages.**

\(a\) [Initial assessment]{.underline}. Provide your SBTA an information
copy of your initial assessment that the contractor did not make a good
faith effort to comply with the plan.

\(b\) [Final decision]{.underline}. Before making a final decision,
consider all pertinent available information including the contractor\'s
response, if any, to your notification letter required by FAR 19.705-7
that the contractor did not comply with the plan. Document your decision
in a "final decision", which is appealable by the contractor under the
"Disputes" clause of the contract. Provide your SBTA a copy of your
final decision assessing liquidated damages. In addition to the FAR
provisions, include in the final decision letter:

\(1\) A description of the contractor\'s failure.

\(2\) Reference to the appropriate contract terms.

\(3\) A statement of the factual areas of agreement and disagreement.

\(4\) A statement of your decision with supporting rationale.

GSAM\
D-14 APD 2800.12B, Change 2, 3-10-2000

\(5\) A demand for liquidated damages.

\(6\) An explanation of the contractor\'s appeal rights.

\(c\) [Funds withheld from payments]{.underline}. If funds to collect
liquidated damages are withheld from payments due, the funds may be
returned to the applicable GSA account along with other funds that were
obligated but not expended. If a commercial plan is involved, or if all
payments have been made under a contract with an individual contract
plan, instruct the contractor to submit a check to GSA. The GSA Office
of Finance will transfer the funds to the Treasury Department for
deposit in the general receipts account.

\(d\) Copy to the SBTA your final decision assessing liquidated damages.

**519.706 Responsibilities of the cognizant administrative contracting
officer.**

\(a\) If you administer a contract with an individual contract plan, you
must also monitor receipt of SF 294 reports.

\(b\) On all contracts with a subcontracting plan (individual or
commercial), you must monitor receipt of the SF 295 reports.

\(c\) Review reports for progress in meeting subcontracting goals by
comparing the applicable report with the plan. If percentage goals are
not met, require the contractor to explain the shortfall in the
"Remarks" block of the subcontracting report. You may also require the
contractor to submit evidence of its outreach efforts to locate and
provide subcontracting opportunities to small business, HUBZone small
business, small disadvantaged business, and women-owned small business
concerns.

\(d\) If an SF 294 or SF 295 is not received within 10 days of the due
date, contact the contractor and request that the report be submitted
immediately. For contracts with individual contract plans, pay
particular attention to the final SF 294 required at contract
completion. Issue to contractors who do not respond to the first notice
a second notice by certified mail indicating:

\(1\) The named report has not been received.

\(2\) The contractor\'s failure to submit the report is a material
breach of its contract (see FAR 52.219-9, Small Business Subcontracting
Plan).

\(3\) If the report is not received within 10 days from the date of the
notice, you will consider withholding payments until the report is
received or terminating the contract for default. To ensure that the
facts support a termination for default, the notice should provide the
contractor with the opportunity to show cause why the contract should
not be terminated

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-15

for default. \[Note: These statements do not apply to leases of real
property unless the terms of the lease expressly provide for withholding
of payment or termination under this circumstance.\]

\(4\) Failure to submit the report may affect the contractor\'s ability
to receive future awards from GSA (see FAR 9.104-3(c)) and willful
failure to perform or a history of failure to perform may result in
debarment from future contracting with the Government for a period of
time (see FAR 9.406-2(b)).

\(5\) That the report should be submitted to you and a copy of the
report must be sent to the Office of Enterprise Development (E), if it
is an SF 295 report, or to the appropriate SBTA, if it is an SF 294
report.

**519.708 Contract clauses.**

**519.708-70 Solicitation provisions.**

Insert the following provisions as directed:

\(a\) 552.219-71, Notice to Offerors of Subcontracting Plan
Requirements, on the cover page of solicitations containing the clause
at FAR 52.219-9, Small Business Subcontracting Plan.

\(b\) 552.219-72, Preparation, Submission, and Negotiation of
Subcontracting Plans, in solicitations requiring submission of the
subcontracting plan with initial offers.

\(c\) 552.219-73, Goals for Subcontracting Plan as follows:

\(1\) Use the basic provision in sealed bid solicitations containing FAR
52.219-9 if you are able to establish realistic target goals.

\(2\) Use Alternate I in:

\(i\) Sealed bid solicitations if you cannot establish target goals.

\(ii\) Negotiated solicitations that include FAR 52.219-9, but do not
include 552.219-72.

GSAM\
D-16 APD 2800.12B, Change 2, 3-10-2000

**SUBPART 519.8 CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE
8(a) PROGRAM)**

**519.803 Selecting acquisitions for the 8(a) program.**

**519.803-70 Contracting officer evaluation of recommendations for 8(a)
set-aside(s).**

\(a\) If you disagree with a recommendation by the Associate
Administrator for Enterprise Development or the SBTA to set aside a
procurement for award under the 8(a) program, discuss the matter with
the official who made the recommendation. If you decide not to award the
contract under the 8(a) program, forward a copy of the documentation
required by FAR 19.202-1(e)(4) to the Office of Enterprise Development
(E) within 10 working days.

\(b\) Once a contracting activity acquires a product or service
successfully on the basis of an 8(a) set-aside, the activity must
acquire all future requirements for that product or service using 8(a)
set-aside procedures. If you determine that acquiring the product or
service as an 8(a) set-aside is no longer in the Government\'s best
interest, use the procedures in FAR 19.506 to withdraw a repetitive
set-aside.

**519.803-71 Withdrawing or modifying 8(a) set-asides.**

If you and the SBTA disagree over the withdrawal or modification of a
set-aside, the SBTA must notify the Associate Administrator for
Enterprise Development at the same time the matter is referred to the
SBA PCR.

**519.870 Direct 8(a) contracting.**

**519.870-1 Authority and applicability.**

\(a\) Under a May 6, 1998, Memorandum of Understanding (MOU) between GSA
and SBA, SBA delegated to GSA its authority under Section 8(a)(1)(a) of
the Small Business Act to enter into prime contracts and Section
8(a)(1)(B) to subcontract the performance of the contracts to eligible
8(a) participants. To implement the MOU, GSA obtained a class deviation
to the Federal Acquisition Regulation (FAR) permitting direct 8(a)
contracting. This authority is effective through February 29, 2000.

\(b\) The delegation streamlines the acquisition process for
requirements not exceeding the simplified acquisition threshold (SAT*)*
by eliminating offering letters and acceptance letters. For acquisitions
over the SAT, this delegation expedites the contracting process by
shortening the period of SBA\'s acceptance of the requirement for the
8(a) program from 15 working days to 5 working days, and eliminating the
requirement for multiple copies of the award document, SBA\'s signature,
and the tripartite agreement.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-17

\(c\) This authority applies to all 8(a) acquisitions conducted by FSS,
FTS, and PBS. It does not apply to FSS's multiple award schedule
program.

**519.870-2 Acquisitions at or under the SAT.**

\(a\) For acquisitions over the micropurchase threshold but not over the
SAT, use the simplified acquisition procedures of FAR Part 13 to issue
purchase orders or contracts to 8(a) participants.

\(b\) You are not required to send offering letters to, nor obtain
acceptance letters from, SBA.

\(c\) Use PRO-*Net* to establish that the selected 8(a) firm is a
current program participant.

\(d\) Establish the price with the selected 8(a) firm and prepare and
issue a purchase order or contract in accordance with FAR Part 13.

\(e\) Forward to the SBA District Office serving the 8(a) firm a copy of
the purchase order or contract within 5 days after the order is issued.

**519.870-3 Acquisitions exceeding the SAT.**

\(a\) In addition to the requirements of FAR 19.804-2, the offering
letter must:

\(1\) State that the requirement is being offered under the GSA/SBA
Memorandum of Understanding.

\(2\) Ask SBA to fax or e-mail its acceptance letter to you.

\(b\) SBA will determine the eligibility of the firm(s) and advise you
within 5 working days of the receipt of the request. If SBA determines
the firm is ineligible, then submit information on the next low offeror
or next apparent successful offeror (as applicable) to the cognizant SBA
district office.

\(c\) SBA must transmit its decision whether to accept the requirement
to you in writing within 5 working days of receipt of the offering
letter.

\(d\) If you do not receive an acceptance or rejection of the offering
from SBA within 5 days of SBA\'s receipt of the offering letter, you may
assume that SBA has accepted the requirement and proceed with the
acquisition.

\(e\) The acceptance letter includes all elements of eligibility (e.g.,
determination of adverse impact, Standard Industrial Classification code
appropriateness, and program eligibility) of the recommended 8(a)
contractor. SBA will make a final determination of size eligibility for
the procurement as of the date of the 8(a) concern\'s initial offer
which includes price.

GSAM\
D-18 APD 2800.12B, Change 2, 3-10-2000

\(f\) When required by FAR 15.4, obtain cost or pricing data directly
from the 8(a) contractor.

**519.870-4 Sole source requirements.**

\(a\) For a sole source 8(a) requirement over the simplified acquisition
threshold, the selected contractor is responsible for negotiating with
you within the time you establish. If the 8(a) contractor does not
negotiate within the established time and you cannot allow additional
time, notify SBA. When you receive SBA's approval, proceed with the
acquisition from other sources.

\(b\) You have authority to negotiate directly with the 8(a)
participant. However, if requested by the 8(a) participant, the SBA may
participate in negotiations.

\(c\) Prepare the contract award or order to the 8(a) firm using your
contracting activity\'s normal, non-8(a) procedures for similar
acquisitions (e.g., contract type and dollar amount), except for the
following:

\(1\) The award form must cite 41 U.S.C. 253(c)(5) and 15 U.S.C. 637(a)
as the authority for use of other than full and open competition.

\(2\) Include SBA\'s requirement number on the contract for acquisitions
exceeding the SAT.

\(3\) Use a single award document between GSA and the 8(a) contractor.
As such, a single signature by the Contracting Officer who is identified
as having concurrent authority under the MOU to enter into 8(a)
contracts will suffice (i.e., an SBA signature is not required). The
\"Issued by\" block must identify the awarding GSA office. Your title
must include SBA and the appropriate GSA business line, as illustrated
below:

Contracting Officer for

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
SBA and GSA/(*Name of Business Line*)

\(4\) For a contract, have the 8(a) contractor sign the award document
as the prime contractor. Place the 8(a) contractor\'s name and address
in the "awarded to" or "contractor name" block on the appropriate forms.
At your discretion, you may also have the contractor sign a purchase
order (See FAR 13.302-3).

**519.870-5 Competitive requirements.**

\(a\) Advertise competitive 8(a) acquisitions in the *Commerce Business
Daily* through the Electronic Posting System (EPS) in accordance with
FAR 5.101(a)(1) and GSAR 505.101. Provide a copy of the announcement to
the SBA\'s coordinating office.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-19

\(b\) Prepare the contract or order, and signatures, using the
procedures in 519.870-4(c).

**519.870-6 Contract administration.**

\(a\) Awards under the MOU are subject to 15 U.S.C. 637(a)(21). These
contracts and orders contain the clause at 552.219-74, Section 8(a)
Direct Award, that requires the 8(a) contractor to notify the SBA and
the Contracting Officer when ownership of the firm is being transferred.

\(b\) For any contract or purchase order awarded pursuant to this MOU.
you must coordinate contract termination and novation proceedings with
SBA prior to initiating action.

**519.870-7 Reporting.**

\(a\) Under the MOU, GSA must report quarterly to SBA on direct (8)
actions. GSA will make these reports to SBA through the Office of
Enterprise Development (E).

\(b\) Each business line (FSS, FTS, PBS)) will be responsible for
electronically reporting to E within 10 days at the close of each fiscal
year quarter the following information for each direct 8(a) contract,
order, and modification:

\(1\) Contractor\'s name.

\(2\) Contract number.

\(3\) SBA requirement number (for new contract awards only).

\(4\) Dollar amount obligated.

\(5\) Contract type.

\(6\) Contract period.

\(7\) If applicable, the modification number, modification award date,
modification dollar amount.

\(c\) To facilitate reporting and avoid duplication of effort, GSA has
developed a pre-programmed retrieval from the GSA Procurement Data
System (GPDS). Each business line must designate a point of contact to
access the system and retrieve the report. The report will have all of
the required data fields except the \"requirement number\" which is
provided by SBA to the contracting officer for new contract awards (not
modifications or orders) over the SAT. The designated point of contact
will need to obtain the \"requirement number\" for new actions that
appear on the report and add the \"requirement number\" in the blank
field provided for any new contracts over the SAT.

GSAM\
D-20 APD 2800.12B, Change 2, 3-10-2000

**519.870-8 Contract clauses.**

\(a\) Insert the following clauses in solicitations, contracts, and
orders issued under the MOU:

\(1\) Insert the clause at 552.219-74, Section 8(a) Direct Award.

\(2\) Insert the clause at FAR 52.219-14, Limitation on Subcontracting.

\(3\) Insert the clause at FAR 52.219-18, Notification of Competition
Limited to Eligible 8(a) Concerns. Substitute the paragraph below for
paragraph (c) of the clause. Add the word \"Deviation\" at the end of
the clause title.

"(c) Any award resulting from this solicitation will be made directly by
the Contracting Officer to the successful 8(a) offeror selected through
the evaluation criteria set forth in this solicitation."

\(b\) Do [not]{.underline} use the clauses at FAR 52.219-11, Special
8(a) Contract Conditions, FAR 52.219-12, Special 8(a) Subcontract
Conditions, or FAR 52.219-17, Section 8(a) Award.

**SUBPART 519.10 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM**

**519.1006 Procedures.**

**519.1006-70 Designated industry goals.**

\(a\) [GSA goals]{.underline}. GSA goals for designated industry groups
are as follows:

  -------------------------------------------- ------------ --------------
  **\                                          **Small      **Emerging
  Designated Industry**                        Business     Small Business
                                               Goal**       Goal**

  Construction under standard industrial       40%          15%
  classification (SIC) codes that comprise                  
  major groups 15, 16, and 17 (excluding                    
  dredging)                                                 

  Architect-Engineer (A-E) services (including 40%          15%
  surveying and mapping) under SIC codes 7389,              
  8711, 8712, or 8713 (limited to FPDS service              
  codes C111 through C216, C219, T002, T004,                
  T008, T009, T014, and R404) awarded under                 
  the Brooks A-E Act selection procedures                   

  Refuse systems and related services,         40%          15%
  including portable sanitation services,                   
  under SIC codes 4212 or 4953, limited to                  
  FPDS service code S205                                    
  -------------------------------------------- ------------ --------------

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-21

\(b\) [Calculating goal achievement]{.underline}. All prime contract
awards to small business or emerging small business, including awards
under the 8(a) program, sole source and the HUBZone Act of 1997, count
toward goal attainment. Contract awards made to fulfill the 15 percent
goal for emerging small business also count toward attainment of the 40
percent goals for small business.

\(c\) [Good faith effort for emerging small business
awards]{.underline}. GSA must make a good faith effort to award not less
than 15 percent of the value of awards in the designated industry groups
to emerging small business.

\(d\) [Monitoring goal achievement]{.underline}. The Senior Procurement
Executive will monitor goal achievement on an annual basis through the
GSA Procurement Data System (GPDS). The Senior Procurement Executive
will provide reports to the Office of Enterprise Development (E) for
forwarding to the Small Business Administration (SBA). These annual
reviews and reports are due to SBA no later than January 31 of each
year. GSA will measure goal achievement for the preceding 12 month
period.

\(e\) [Notification of changes to procedures]{.underline}. The Senior
Procurement Executive will provide notice of changes to agency
solicitation procedures based on goal attainment through changes to the
GSAM. The Senior Procurement Executive will also publish public notice
of changes to solicitation procedures in the Commerce Business Daily and
the Federal Register under procedures established by OFPP.

\(f\) [Failure to attain goals]{.underline}. If goal attainment for any
designated industry group falls below 40 percent, GSA shall reinstate
set-asides for that designated industry group at organizational unit(s)
within the agency that failed to achieve the 40 percent goal.

**519.1006-71 Procedures for designated industry groups.**

\(a\) [Emerging small business procurements]{.underline}.

\(1\) Reserve the following for emerging small businesses:

\(i\) Procurements of construction or trash/garbage collections with an
estimated value of \$25,000 or less if you have a reasonable expectation
of obtaining offers from two or more sources that will be competitive in
terms of market price, quality, and delivery.

\(ii\) Procurements of A-E services with an estimated value of \$50,000
or less if you have a reasonable expectation of obtaining offers from
three or more sources that will be competitive in terms of market price,
quality, and delivery.

\(2\) You may use any procurement method under the reserve program, not
just simplified acquisition procedures.

GSAM\
D-22 APD 2800.12B, Change 2, 3-10-2000

\(3\) The reserve program applies only to new awards. Modifications
within the scope of work of contracts having an initial award value in
excess of the \$25,000 for construction and trash/garbage collection
service or \$50,000 for A-E service are not subject to the reserve
program.

\(4\) If you cannot reserve a procurement for emerging small businesses,
process it as a small business set aside under FAR 13.105 or in
accordance with FAR 19.5 or 19.8.

\(5\) If you determine that a procurement cannot be set aside for small
business under FAR 19.5 or 19.8, you may make the procurement using
unrestricted procedures.

\(b\) [Unrestricted procurements]{.underline}. You may make procurements
of construction or trash/garbage collection services with an estimated
value in excess of \$25,000 and procurements of A-E services with an
estimated value in excess of \$50,000 on an unrestricted basis as long
as quarterly reviews show that GSA, as an agency, has attained the 40
percent goals.

\(1\) The 40 percent goal applies to each of the 3 major groups in
construction (group 15, 16, and 17), to trash/garbage collection, and to
A-E services.

\(2\) If goal attainment, for GSA as an agency, in any individual SIC
code or FPDS service code drops below 40 percent, the Senior Procurement
Executive will reinstate small business set-asides even if the major
group met the 40 percent goal. Competition will be restricted to small
business, in accordance with FAR 19.5, on future procurements by the GSA
contracting activities (e.g., Regions) that failed to attain the goal.
Other GSA contracting activities that meet the goals will continue to
use unrestricted procedures.

\(3\) You may continue to use unrestricted procedures if GSA fails to
meet the 15 percent goal for emerging small businesses.

\(4\) You may set aside procurements in the designated industry groups,
under the HUBZone Empowerment Contracting Program, that exceed the
emerging small business reserve amount even though GSA is attaining its
40 percent small business goal. This is consistent with the Small
Business Regulations implementing the HUBZone Act.

\(5\) Notwithstanding the Small Business Competitiveness Demonstration
Program, you may award contracts under the 8(a) program at any time.

\(c\) [Contract award documents]{.underline}. For each procurement
awarded under the program, include the following statement on the award
document:

\"This procurement is being made under the Small Business
Competitiveness Demonstration Program.\"

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-23

\(d\) [Reporting]{.underline}. Report contract awards under the program
that exceed \$500 on Standard Form 279 using standard GPDS reporting
procedures (See 504.602-70).

**519.1006-72 Goal attainment for period: Fiscal Year 1999.**

\(a\) [Report]{.underline}. Appendix 519C provides the Report on Small
Business Participation Under the Small Business Competitiveness
Demonstration Program for Designated Industry Groups for all of PBS and
a separate report for each PBS region. These reports reflect performance
during the period from October 1, 1998 through September 30, 1999.

\(b\) [Performance toward small business goals]{.underline}. Review of
cumulative award data from the GSA Procurement Data System for the
period beginning October 1, 1998 through September 30, 1999, indicates
that:

\(1\) GSA met the 40 percent goal for construction industry groups 16
and 17. However, not all organizational units met the 35 percent goal in
all individual SIC codes.

\(2\) GSA did not meet the 40 percent overall goal in construction
industry group 15 or in A-E services.

\(3\) GSA did meet the 40 percent overall goal in refuse systems and
related services (trash/garbage collection services). The 35 percent
rule does not apply to refuse systems and related services
(trash/garbage collection services).

\(c\) [Performance toward emerging small business goals]{.underline}.
Review of cumulative award data from the GSA Procurement Data System for
the period beginning October 1, 1998 through September 30, 1999,
indicates that:

\(1\) GSA exceeded the 15 percent goal for emerging small business
concerns in construction industry groups 16 and 17 and in refuse systems
and related services.

\(2\) GSA did not meet the 15 percent goals in construction industry
group 15 (General Building Contractors) and A-E services.

**519.1006-73 Procurement procedures for solicitations issued on or
after February 1, 2000.**

\(a\) [Construction or trash/garbage collection services with an
estimated value of \$25,000 or less and procurement of A-E services with
an estimated value of \$50,000 or less]{.underline}. Follow the
procedures in 519.1006-71 for these procurements.

\(b\) [Procurements above the reserve levels in
519.1006-71(a)]{.underline}. Use the following procedures for
construction or trash/garbage collection services estimated to exceed
\$25,000 and A-E services estimated to exceed \$50,000.

GSAM\
D-24 APD 2800.12B, Change 2, 3-10-2000

\(1\) [Construction services in SIC Groups 15, 16, and 17]{.underline}.
Conduct procurements in these SIC Groups on an unrestricted basis accept
as follows. For the regions and SIC Groups listed below, you must set
aside the procurements for small business when you have a reasonable
expectation of obtaining competition from two or more small businesses.
If no such expectation exists, you may conduct the procurement on an
unrestricted basis.

  ---------------------------------- ------------------------------------
  **Region**                         **SIC**

  Region 1                           1711, 1794, and 1796

  Region 3                           1799

  Region 4                           1541, 1542, 1711

  Region 5                           1542

  Region 7                           1541, 1611

  National Capital Region            1542, 1711
  ---------------------------------- ------------------------------------

\(2\) [Trash/garbage collection services in PSC S205]{.underline}.
Conduct any procurement for refuse services in PSC S205 on an
unrestricted basis.

\(3\) [Architect-Engineer services (all PSC codes under the
Program)]{.underline}. Conduct procurements for A-E services under the
Program on an unrestricted basis accept as follows. For the regions and
PSC codes listed below, you must set aside the procurements for small
business when you have a reasonable expectation of obtaining competition
from two or more small businesses. If no such expectation exists, you
may conduct the procurement on an unrestricted basis.

  ---------------------------------- ------------------------------------
  **Region**                         **PSC**

  Region 2                           C111

  Region 3                           C111

  Region 4                           C119, C211, and C219

  Region 5                           C111 and C211

  Region 6                           C111

  Region 8                           C111

  Region 10                          C111

  National Capital Region            C211
  ---------------------------------- ------------------------------------

GSAM (next page is D-28)\
APD 2800.12B, Change 2, 3-10-2000 D-25

**SUBPART 519.11 PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED
BUSINESS CONCERNS**

**519.1102 Applicability.**

In addition to the exceptions listed in FAR 19.1102(b), the price
evaluation adjustment (PEA) does not apply to:

\(a\) Acquisitions of leasehold interests in real property.

\(b\) Orders placed under a Federal Supply Schedule.

**519.1103 Procedures.**

\(a\) [Decision chart]{.underline}. Appendix 519D provides a decision
chart to help you determine whether a PEA applies and how to apply it to
a specific acquisition. Appendix 519E provides examples of how to apply
both the PEA and the HUBZone price evaluation preference.

\(b\) [Total contract amount]{.underline}. The PEA applies across the
total contract amount, not just that portion proposed to be performed by
the small business concern. For example, if the small business concern
proposes to perform 80% of the work and subcontract 20% to large
business concern, then the 10% adjustment applies to 100%.

\(c\) [Single and multiple awards]{.underline}. Apply the PEA to each
group of items on which you will make award. That is, if you will make
one award, the PEA applies to 100% of the items. If you will make more
than one award, the PEA applies to each group where the predominant SIC
code and region, if applicable, is listed. Add other evaluation factors
(e.g., transportation costs or rent-free use of Government facilities)
to the offers before applying the PEA.

\(d\) [Industries eligible by region]{.underline}. In a SIC major group
authorized by region, the offeror's address governs whether the PEA
applies (i.e., not the place of performance or contract office
location).

\(e\) [Example]{.underline}. The following provides an example of how to
apply the PEA. Assume you have an acquisition affected by the PEA and
the PEA is 10%. You receive two offers; one from an SDB, and one from a
non-SDB (e.g., a small or other than small business concern). The SDB's
price for the acquisition is \$105,000, while the non-SDB\'s price is
\$100,000. You apply the PEA of 10% to the non-SDB's price, making the
evaluated price \$110,000. The SDB wins the award because its price of
\$105,000 is less than the non-SDB's evaluated price of \$110,000. Note
that you must still determine that the price (\$105,000) proposed for
award is considered fair and reasonable under the guidelines in FAR
15.404-1(b). Also note that the PEA does not necessarily apply to all
other offerors (see FAR 19.1103(a)).

GSAM\
D-28 APD 2800.12B, Change 2, 3-10-2000

\(f\) [Equal low offers or tie bids.]{.underline} Follow the procedures
in FAR 14.408-6 to resolve equal low offers or tie bid situations. If
you have an offer from a HUBZone small business, see 519.13 and the
examples in Appendix 519E.

+-----------------------------------+-----------------------------------+
| **If**, after applying the PEA,   | **Then** ...                      |
| you have a tie between ...        |                                   |
+-----------------------------------+-----------------------------------+
| \(1\) Two SDBs.                   | FAR 14.408-6(a)(1) requires award |
|                                   | to the firm that is also a labor  |
| \(2\) An SDB and an other small   | surplus area concern. If both or  |
| business concern.                 | neither are a labor surplus area  |
|                                   | concern, then use FAR 14.408-6(b) |
|                                   | to determine which offeror to     |
|                                   | select.                           |
+-----------------------------------+-----------------------------------+
| \(3\) An SDB and a large business | FAR 14.408-6(a)(2) requires award |
| concern.                          | to the SDB, not because it is an  |
|                                   | SDB, but because it is a small    |
|                                   | business concern.                 |
+-----------------------------------+-----------------------------------+

**SUBPART 519.12 SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM**

**519.1201 General.**

A solicitation may separately contain source selection evaluation
factors or subfactors for small and women-owned small business concerns.
However, any factor or subfactor for SDB concerns must comply with FAR
19.12 and this subpart.

**519.1202 Evaluation factor or subfactor.**

**519.1202-2 Applicability**

In addition to the exceptions in FAR 19.1202-2, do not evaluate the
extent of participation of SDB concerns in performance of multiple award
schedule contracts when all fair and reasonable offers from responsible
sources are accepted.

**519.1202-4 Procedures.**

An offeror may receive credit under the evaluation factor only for
proposed SDB participation by a prime contractor, joint venture partner,
teaming arrangement member, or subcontractor in the authorized Standard
Industrial Classification (SIC) Major Groups. At this time these are the
same SIC Major Groups authorized for the PEA (see FAR 19.201(b)).

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-29

**519.1203 Incentive subcontracting with small disadvantaged business
concerns.**

\(a\) To include monetary incentives in a contract under FAR 19.1203,
you must have funds available for the incentives and obligate these at
the time of contract award.

\(b\) Do not provide for monetary incentives under FAR 19.1203 in a
contract that includes an award fee.

**SUBPART 519.13 HISTORICALLY UNDERUTILIZED BUSINESS ZONE\
(HUBZONE) PROGRAM**

**519.1305 HUBZone set-aside procedures.**

\(a\) [Reviews and timeframes]{.underline}. For an acquisition that
exceeds the simplified acquisition threshold, if you decide not to set
the acquisition aside for HUBZone Small Businesses, submit your written
decision to the SBTA for review. The following reviews and timeframes
apply:

+-----------------------------------+-----------------------------------+
| **If . . .**                      | **Then . . .**                    |
+-----------------------------------+-----------------------------------+
| \(1\) The acquisition meets any   | The SBTA provides a copy of the   |
| one of the following conditions:  | decision not to set aside for     |
|                                   | HUBZone small business concerns   |
| \(i\) It will be a multiple award | to the SBA representative for     |
| schedule contract.                | review. The SBTA and the SBA      |
|                                   | representative must complete      |
| \(ii\) The estimated value does   | their review within 5 workdays    |
| not exceed \$500 million,         | after the SBTA receives the       |
| including options.                | decision, or request an extension |
|                                   | from you.                         |
| \(iii\) The contract will cover   |                                   |
| only one region or designated     |                                   |
| locations in one region (at any   |                                   |
| dollar value).                    |                                   |
+-----------------------------------+-----------------------------------+

GSAM\
D-30 APD 2800.12B, 09-01-99

+-----------------------------------+-----------------------------------+
| \(2\) The acquisition, excluding  | The SBTA provides a copy of the   |
| multiple award schedule           | decision to the AAOED for review  |
| contracts, meets either one of    | and comment. After the AAOED      |
| the following conditions:         | review, the SBTA submits the      |
|                                   | decision to the SBA               |
| \(i\) The estimated value exceeds | representative for review. The    |
| \$500 million (including options) | AAOED and SBTA each have 5        |
| [and]{.underline} contract        | workdays to review the decision.  |
| performance will occur in two or  | All reviews and comments must be  |
| more regions.                     | completed within 10 workdays      |
|                                   | after the SBTA receives the       |
| \(ii\) Based on political         | decision, or the SBTA must        |
| sensitivity or importance to GSA, | request a time extension from     |
| the Associate Administrator for   | you.                              |
| Enterprise Development designates |                                   |
| the acquisition for review.       |                                   |
+-----------------------------------+-----------------------------------+

\(b\) [Disagreements]{.underline}. If a reviewing official disagrees
with your decision not to set-aside an acquisition, the SBTA must
provide you the rationale for the disagreement or provide you with
additional HUBZone small business sources that are interested in and
capable of fulfilling the requirement. Review and consider any
information provided by the SBTA before making a decision.

\(c\) [Resolving disagreements]{.underline}. The Contracting Director
resolves disagreements between you and the SBTA. To resolve
disagreements with the SBA representative, see FAR 19.1305(e).

\(d\) [Setting aside a class of acquisitions]{.underline}.

\(1\) [Definition]{.underline}. A HUBZone small business class set-aside
means an item, a group of related items under a Federal Supply Class
(FSC), or a whole FSC set aside for exclusive HUBZone small business
participation on more than a one-time basis. If the item or group of
items constitute only a small portion of an FSC, this definition still
applies.

\(2\) [Determination]{.underline}. If you have procurement
responsibility for the class of items involved, prepare the
determination required by FAR 19.503(b).

\(3\) [Withdrawing or modifying HUBZone small business concern
set-asides]{.underline}: If you and the SBTA disagree over the
withdrawal or modification of a HUBZone small business set-aside, the
SBTA must notify the AAOED at the same time the matter is referred to
the SBA PCR.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-31

**519.1307 Price evaluation preference for HUBZone small business
concerns.**

Appendix 519E provides examples of how to apply both the PEA and the
HUBZone price evaluation preference (PEP).

**PART 520 RESERVED**

**PART 521 RESERVED**

**PART 522 APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS**

**522.001 Definition.**

\"Agency labor advisor,\" as used in this part, means the Director of
the GSA Acquisition Policy Division, Office of Acquisition Policy.

**SUBPART 522.1 BASIC LABOR POLICIES**

**522.101 Labor relations.**

**522.101-1 General.**

\(a\) GSA personnel performing official duties must maintain GSA's
impartiality in disputes between labor and contractor management by
refraining from involvement in or expressing a position on:

\(1\) Labor negotiations between contractors and unions.

\(2\) The merits of any dispute between labor and a contractor\'s
management.

\(b\) The Office of General Counsel (OGC) and the agency labor advisor:

\(1\) Serve as focal points on contractor labor relations.

\(2\) Initiate contact on contractor labor relations matters with
national offices of labor organizations, Government departments,
agencies or other governmental organizations.

GSAM\
D-32 APD 2800.12B, Change 2, 3-10-2000

\(3\) Serve as a clearinghouse for information on labor laws applicable
to Government acquisitions.

\(4\) Respond to questions involving FAR Part 22, this part, or other
contractor labor relations matters concerning GSA acquisition programs.
OGC determines the agency\'s legal position.

**522.101-3 Reporting labor disputes.**

Submit reports to the agency labor advisor.

**522.103 Overtime.**

**522.103-4 Approvals.**

You are the "agency approving official."

**522.103-5 Contract clauses.**

Insert FAR 52.222-1, Notice to the Government of Labor Disputes, in
solicitations and contracts for items on the DoD Master Urgency List.

**SUBPART 522.3 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT**

**522.302 Liquidated damages and overtime pay.**

\(a\) [Your responsibilities]{.underline}.

\(1\) Provide instructions to the appropriate Finance Office whether or
not to withhold funds from contract payments pending your final
administrative determination.

\(2\) Notify the Finance Office of your final decision to assess
liquidated damages.

\(3\) After your final decision, provide instructions to either
immediately release to the contractor any funds in excess of the amount
specified in your decision or initiate the collection of additional
funds (see paragraph (c) of this section).

\(b\) [Procedures for the collection of liquidated damages]{.underline}.

\(1\) Initiate collection action by either:

\(i\) Withholding funds from payments due on the contract.

\(ii\) Issuing a demand for payment, if no funds were withheld or the
amount withheld was less than the liquidated damages.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-33

\(2\) Indicate in your demand letter your intent to offset from the
contractor's other Government contracts if payment is not made.

\(3\) Provide the Finance Office with a:

\(i\) Copy of the demand letter.

\(ii\) Request that it initiate collection action under 41 CFR Part
105-55, Collection of Claims Owed the United States, if payment is not
made in accordance with the demand letter.

**SUBPART 522.4 LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION**

**522.404 Davis-Bacon Act wage determinations.**

**522.404-6 Modifications of wage determinations.**

The contracting director may request extensions under FAR
22.404-6(b)(6).

**522.406 Administration and enforcement.**

**522.406-6 Payrolls and statements.**

**[Statements from Prime Contractors or Subcontractors that Personally
Perform Work]{.underline}**

\(a\) Weekly payrolls and statements of compliance with respect to
payment of wages are not required from a prime contractor or a
subcontractor that personally performs work.

\(b\) Instead, a prime contractor or a subcontractor that personally
performs work must submit weekly certified statements clearly showing
the following information:

\(1\) The individual's contractual relationship.

\(2\) The scope and date(s) the individual performed the work.

\(3\) The individual received no wages for the labor performed.

\(4\) No mechanics or laborers were employed in the prosecution of the
work.

\(c\) Use GSA Form 618-D, Statement to be Submitted When Work is
Performed Personally, to furnish this information.

GSAM\
D-34 APD 2800.12B, Change 2, 3-10-2000

**522.406-7 Compliance checking.**

At a minimum, you must assure that a compliance check is made before
making final payment.

**522.406-8 Investigations.**

If a compliance check uncovers information warranting a labor standards
investigation, submit a request to the Regional Inspector General for
Investigations.

**522.406-9 Withholding from or suspension of contract payments.**

If you decide to assess liquidated damages, follow the procedures in
522.302.

**522.406-11 Contract terminations.**

If you terminate a contract or subcontract for labor standards
violations, submit the report required by FAR 22.406-11.

**522.406-13 Semiannual enforcement reports.**

Contracting activities must submit semiannual enforcement reports to the
agency labor advisor. Submit reports within 15 calendar days after the
end of the reporting period.

**SUBPART 522.6 WALSH-HEALEY PUBLIC CONTRACTS ACT**

**522.608 Procedures.**

Before notifying or furnishing information to DOL under FAR 22.608(b),
coordinate with legal counsel.

**SUBPART 522.8 EQUAL EMPLOYMENT OPPORTUNITY**

**522.803 Responsibilities.**

Submit questions on the applicability of EO 11246 and implementing
regulations to assigned legal counsel.

**522.804 Affirmative action programs.**

**522.804-1 Nonconstruction.**

\(a\) The requirements of FAR 22.804 also apply to each contractor and
subcontractor with 50 or more employees who either:

\(1\) Serves as a depository of Government funds.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-35

\(2\) Is a financial institution serving as an issuing and paying agent
for U.S. savings bonds and savings notes.

\(b\) Contractors, subcontractors, and financial institutions must
develop a written affirmative action compliance program for each of its
establishments even if the amount held is less than \$50,000.

**522.805 Procedures.**

\(a\) To determine whether the contract meets the threshold in FAR
22.805(a), include the value of the basic contract plus priced options.
A contract modification exercising a priced option is not a contract
award under FAR 22.805(a)(1)(ii) and does not require a preaward
clearance.

\(b\) Submit preaward review requests directly.

**[Furnishing information to contractors]{.underline}**

\(c\) In addition to the poster required by FAR 22.805(b), provide each
nonexempt contractor a copy of SF 100.

**522.807 Exemptions.**

The agency labor advisor submits a request for exemption.

**SUBPART 522.10 SERVICE CONTRACT ACT OF 1965, AS AMENDED**

**522.1003 Applicability.**

**522.1003-3 Statutory exemptions.**

The Service Contract Act of 1965, as amended, applies to local office
relocation moves if transportation costs are incidental to the principal
purpose of the contract. Such contracts do not meet the statutory
exemption cited in FAR 22.1003-3(c). (See Federal Property Management
Regulation 101-40.109-2(b)(2).)

**522.1003-4 Administrative limitations, variations, tolerances, and
exemptions.**

Coordinate with assigned legal counsel before submitting a request under
FAR 22.1003-4 to the agency labor advisor.

GSAM\
D-36 APD 2800.12B, Change 2, 3-10-2000

**522.1003-7 Questions concerning applicability of the Act.**

You may submit a question regarding the applicability of the Act to
assigned legal counsel. If the question cannot be answered, the agency
labor advisor will forward it to the Administrator, Wage and Hour
Division.

**522.1007 Requirement to submit Notice (SF98/98a).**

Authorized GSA personnel may access wage determinations on-line. See
your Regional or Service, Service Contract Act (SCA) Wage Rate Liaison
for information on using the on-line capability.

**522.1011 Response to notice by Department of Labor.**

**522.1011-2 Requests for status or expediting of response.**

You may request an expedited wage determination or check on the status
of a request by contacting the Administrator, Wage and Hour Division,
directly.

**522.1021 Requests for hearing.**

If you are considering requesting a substantial variance, you should
coordinate with assigned legal counsel and the agency labor advisor. The
agency labor advisor submits any request.

**SUBPART 522.13 DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA**

**522.1303 Waivers.**

Submit each waiver request to the agency labor advisor. The agency labor
advisor forwards the request to the appropriate office for concurrence
and approval.

**SUBPART 522.14 EMPLOYMENT OF WORKERS WITH DISABILITIES**

**522.1403 Waivers.**

Submit each waiver request to the agency labor advisor. The agency labor
advisor forwards the request to the appropriate office for concurrence
and approval.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-37

**PART 523 ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY AND DRUG-FREE
WORKPLACE**

**SUBPART 523.3 HAZARDOUS MATERIALS IDENTIFICATION AND MATERIAL SAFETY
DATA**

**523.303 Contract clause.**

\(a\) Insert 552.223-70, Hazardous Substances, in solicitations and
contracts for packaged items subject to the Federal Hazardous Substances
Act and the Hazardous Materials Transportation Act.

\(b\) Insert 552.223-71, Nonconforming Hazardous Materials, in
solicitations and contracts for supplies that contain hazardous
materials.

**523.370 Solicitation provision.**

Insert 552.223-72, Hazardous Material Information, in any solicitation
that provides for delivery of hazardous materials on an f.o.b. origin
basis.

**SUBPART 523.4\--USE OF RECOVERED MATERIALS**

**523.403 Policy.**

\(a\) GSA's Affirmative Procurement Program for Recovered Materials
(Appendix 523A) establishes agency policy and procedures for the
procurement of products containing recovered materials. In implementing
the Program, contracting activities will:

\(1\) Communicate to industry that markets exist for environmentally
preferable products (See FAR 23.7), including products containing
recovered materials.

\(2\) Ensure that product specifications do not impede the acquisition
of products containing recovered materials.

\(3\) Purchase EPA designated products to the maximum extent
practicable.

\(4\) Identify other product categories that offer opportunities for the
purchase of environmentally preferable products. To the maximum extent
practicable, and consistent with applicable provisions of Federal
procurement law, acquire these products before non-environmentally
preferable products.

\(b\) To the extent permitted by law, and where economically feasible,
E.O. 13101 applies to the acquisition and management of federally owned
and leased space.

GSAM\
D-38 APD 2800.12B, Change 2, 3-10-2000

\(1\) Solicitations for services, leased space, and construction must
include environmental and recycling provisions.

\(2\) These provisions should include specifications promoting, and
maximizing, the use of environmentally preferable products, including
products containing recovered materials, by contractors and
subcontractors.

\(c\) Purchases by construction contractors or their subcontractors are
included in this program.

\(d\) You must use applicable minimum content standards in all
acquisitions that include an EPA designated product. In addition to new
acquisitions, this includes:

\(1\) Delivery orders placed against established source contracts that
identify environmentally preferable products.

\(2\) Orders from such sources as the GSA/Federal Supply Service
Environmental Products Guide or GSA Supply Catalog.

**523.404 Procedures.**

Under FAR 23.404(b)(3), the Agency Environmental Executive must approve
any purchase of designated products that does not meet or exceed EPA
guidelines and standards.

**523.404-70 Preference programs for other than EPA designated
products.**

\(a\) The statutory requirements associated with affirmative procurement
programs only apply to products covered by EPA guidelines. GSA must also
meet goals established under E.O. 13101 to maximize the number of
recycled products purchased. Contracting activities should conduct
market research and analysis for routinely procured products to identify
additional opportunities to establish product preferences through:

\(1\) Minimum material content requirements in applicable product
descriptions.

\(2\) Description of services to be performed.

\(b\) Alternatively, the contracting activity may require that offerors
provide a product incorporating some recovered material, without
specifying a percentage, that will allow the product to meet the
required standard of performance. Do this only if market research
indicates that industry is capable of producing a product with recovered
material, but the specification manager cannot identify an appropriate
minimum content requirement.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-39

**523.405 Solicitation provision and contract clause.**

In FAR clause 52.223-9, instruct the contractor to submit the required
certification to you. The contracting activity must forward a copy to
the agency Environmental Executive, by November 1 of each year, of each
certification received in the preceding fiscal year.

**PART 524 PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION**

**SUBPART 524.1 PROTECTION OF INDIVIDUAL PRIVACY**

**524.103 Procedures.**

See 41 CFR Part 105-64 and GSA Order, Privacy Act Program (OAD P
1878.8), when contracting for the design, development, or operation of a
system of records on individuals.

**SUBPART 524.2 FREEDOM OF INFORMATION ACT**

**524.203 Policy.**

See 41 CFR Part 105-60 and GSA Order, Freedom of Information Act
procedures (ADM 1035.11B), for requirements on making records available
under the Freedom of Information Act.

**PART 525 FOREIGN ACQUISITION**

**SUBPART 525.1 BUY AMERICAN ACT-SUPPLIES**

**525.105 Evaluating offers.**

**525.105-70 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 7340-00-241-8171\
7340-00-205-3340 7340-00-559-8357\
7340-00-205-3341 7340-00-688-1055\
7340-00-241-8169 7340-00-721-6316\
7340-00-241-8170 7340-00-721-6971

GSAM\
D-40 APD 2800.12B, Change 2, 3-10-2000

\(b\) 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.

**525.109 Solicitation provisions and contract clause.**

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).

**SUBPART 525.2 BUY AMERICAN ACT - CONSTRUCTION MATERIALS**

**525.202 Policy.**

\(a\) The HCA may not redelegate authority to make determinations under
FAR 25.202(a)(2) when the cost of the materials is estimated to exceed
\$100,000.

\(b\) The HCA is authorized to make the determinations required by FAR
25.202(a)(3) and (4). The HCA may not redelegate this authority.

**SUBPART 525.3 BALANCE OF PAYMENTS PROGRAM**

**525.302 Policy.**

**525.302-70 Procurements for agencies under the Foreign Assistance
Act.**

GSA procurements made directly for other agencies of items to be used
outside the United States are made under the Balance of Payments
Program. The only exception is if GSA contracts as the

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-41

agent for an agency governed by the Foreign Assistance Act (22 U.S.C.
2151 [et]{.underline} [seq]{.underline}.). If this exception applies,
the contract will be governed by the policies and procedures of the
agency instead of FAR 25.3 and 525.3. For example, GSA sometimes acts as
agent for the Agency for International Development and the Bureau of
International Narcotics Matters.

**SUBPART 525.4 TRADE AGREEMENTS**

**525.402 Policy.**

As a result of the General Services Administration Board of Contract
Appeals (GSBCA) decision in the protest of [International Business
Machines Corporation,]{.underline} 90-2 BCA 22,924, May 18, 1990, GSA
solicitations and contracts will deviate from FAR 52.225-8, Buy American
Act-Trade Agreements-Balance of Payments Program Certificate, and FAR
52.225-9, Buy American Act-Trade Agreements-Balance of Payments Program.

**525.408 Solicitation provision and contract clauses.**

Insert 552.225-8, Buy American Act-Trade Agreements-Balance of Payments
Program Certificate, and 552.225-9, Buy American Act-Trade
Agreements-Balance of Payments Program, in solicitations and contracts
subject to the Trade Agreements Act. Use them instead of FAR 52.225-8
and 52.225-9.

**SUBPART 525.10 IMPLEMENTATION OF SANCTIONS AGAINST COUNTRIES THAT
DISCRIMINATE AGAINST UNITED STATES PRODUCTS OR SERVICES IN GOVERNMENT
PROCUREMENT**

**525.1002 Trade sanctions.**

Forward any determination under FAR 25.1002(c) to the Office of
Acquisition Policy, GSA Acquisition Policy Division, for forwarding to
the United States Trade Representative.

**PART 526 OTHER SOCIOECONOMIC PROGRAMS**

**RESERVED**

GSAM\
D-42 APD 2800.12B, Change 2, 3-10-2000

**APPENDIX 519A\
SMALL BUSINESS SUBCONTRACTING PLAN OUTLINE (MODEL)**

**GSA provides this plan as a tool. It does not establish minimum
requirements for an acceptable plan. The model reflects objectives GSA
encourages contractors to adopt. GSA expects offerors to thoroughly
review the requirements set forth in FAR 19.704, Subcontracting plan
requirements, and FAR clause 52.219-9, Small Business Subcontracting
Plan, before submitting their contracting plans.**

*The model is not intended to replace any existing corporate plan which
is more extensive. If you need assistance to locate small business
sources, contact \[Insert name of organization and phone number\].
Please note that the General Services Administration has subcontracting
goals of \_\_[%]{.underline} for small business, [\_\_\_%]{.underline}
for HUBZone Small Business,\_\_[%]{.underline} for Small Disadvantaged
Business (SDB), and \_\_[%]{.underline} for Women-Owned Small Business
(WOSB) for fiscal year \_\_.*

[Identification Data:]{.underline}

Company
Name:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Address:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Date Prepared:\_\_\_\_\_\_\_\_\_\_\_\_\_Solicitation
Number:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Item/Service:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[1. TYPE OF PLAN: (Check only one).]{.underline}

\_\_\_\_ INDIVIDUAL PLAN: *In this type of plan all elements are
developed specifically for this contract and apply for the full term of
this contract.*

\_\_\_\_ MASTER PLAN: *In this type of plan, goals are separately
developed for this contract in an individual plan; all other elements
are standard. The master plan must be approved once every three years.
Once incorporated into a contract with specific goals, it is valid for
the life of the contract.*

\_\_\_\_ COMMERCIAL PLAN: *This type of plan is used when the contractor
sells large quantities of off-the-shelf commodities to many Government
agencies. Plans and goals are negotiated with the initial agency on a
company-wide basis rather than for individual contracts. The plan is
effective only during year approved. The contractor must provide a copy
of the initial agency approval, and must submit an annual SF 295 to GSA
with a breakout of subcontracting prorated for GSA.*

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-43

[2. GOALS:]{.underline}

*State separate dollar and percentage goals for small business, HUBZone
small, small disadvantaged business, and women-owned small business in
the following format. Express all dollar goals as a percentage of total
planned subcontracting dollars.*

A. Estimated dollar value of all planned subcontracting, i.e., to all
types of business concerns under this contract is:

ESTIMATED DOLLAR VALUE OF ALL PLANNED SUBCONTRACTING

  ------------ -------------- ------ -------------- ------ ---- ---------------- -------- ------ ------------
  BASE         1ST OPTION            2ND OPTION                 3RD OPTION       4TH             
                                                                                 OPTION          

  \$           \$                    \$                    \$                                    \$

  100%         100%           100%                  100%                                  100%   
  ------------ -------------- ------ -------------- ------ ---- ---------------- -------- ------ ------------

B. Estimated dollar value and percentage of total planned subcontracting
to large business concerns. (all business concerns classified as other
then small)

SUBCONTRACTING TO LARGE BUSINESS CONCERNS

  ------------ -------------- -------------- ---- ---------------- -------- ------------
  BASE         1ST OPTION     2ND OPTION          3RD OPTION       4TH      
                                                                   OPTION   

  \$           \$             \$             \$                             \$

  \%           \%             \%             \%                             \%
  ------------ -------------- -------------- ---- ---------------- -------- ------------

C. Estimated dollar value and percentage of total planned subcontracting
to small business concerns is: (Include HUBZone Small, Small
Disadvantaged, and Women-owned Small Business)

GSAM\
D-44 APD 2800.12B, Change 2, 3-10-2000

SUBCONTRACTING TO SMALL BUSINESS CONCERNS

  ------------ -------------- -------------- ---- ---------------- -------- ------------
  BASE         1ST OPTION     2ND OPTION          3RD OPTION       4TH      
                                                                   OPTION   

  \$           \$             \$             \$                             \$

  \%           \%             \%             \%                             \%
  ------------ -------------- -------------- ---- ---------------- -------- ------------

D. Estimated dollar value and percentage of total planned subcontracting
to HUBZone small business concerns is:

SUBCONTRACTING TO HUBZONE SMALL BUSINESS CONCERNS

  ------------ -------------- -------------- ---- ---------------- -------- ------------
  BASE         1ST OPTION     2ND OPTION          3RD OPTION       4TH      
                                                                   OPTION   

  \$           \$             \$             \$                             \$

  \%           \%             \%             \%                             \%
  ------------ -------------- -------------- ---- ---------------- -------- ------------

E. Estimated dollar value and percentage of total planned subcontracting
to small disadvantaged business concerns is:

SUBCONTRACTING TO SMALL DISADVANTAGED BUSINESS CONCERNS

  ------------ -------------- -------------- ---- ---------------- -------- ------------
  BASE         1ST OPTION     2ND OPTION          3RD OPTION       4TH      
                                                                   OPTION   

  \$           \$             \$             \$                             \$

  \%           \%             \%             \%                             \%
  ------------ -------------- -------------- ---- ---------------- -------- ------------

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-45

F. Estimated dollar value and percentage of total planned subcontracting
to women-owned small business concerns is:

SUBCONTRACTING TO WOMEN-OWNED SMALL BUSINESS CONCERNS

  ------------ -------------- -------------- ---- ---------------- -------- ------------
  BASE         1ST OPTION     2ND OPTION          3RD OPTION       4TH      
                                                                   OPTION   

  \$           \$             \$             \$                             \$

  \%           \%             \%             \%                             \%
  ------------ -------------- -------------- ---- ---------------- -------- ------------

G. Products and/or services to be subcontracted under this contract, and
the types of businesses supplying them, are: (Check all that apply).

BUSINESS CATEGORY OR SIZE

  ---------------------- -------- -------- -------- -------- -------- --------
  PRODUCT/SERVICE        SIC      LARGE    SMALL    HUB      SDB      WOSB
                                           BUS.     SMALL             

                                                                      

                                                                      

                                                                      

                                                                      

                                                                      

                                                                      

                                                                      
  ---------------------- -------- -------- -------- -------- -------- --------

(Attach additional sheets if necessary.)

GSAM\
D-46 APD 2800.12B, Change 2, 3-10-2000

G1. Explain the methods used to develop the subcontracting goals for
small, HUBZone small, small disadvantaged, and women-owned small
business concerns.

G2. Explain how the product and service areas to be subcontracted were
established, how the areas to be subcontracted to small, HUBZone small,
small disadvantaged and women-owned small business concerns were
determined.

G3. How the capabilities of small, HUBZone small, small disadvantaged
and women-owned small business concerns were determined.

G4. Identify all source lists used in the determination process.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

H. Indirect and overhead costs \_\_ HAVE BEEN or \_\_\_HAVE NOT BEEN
included in the dollar and percentage subcontracting goals stated above.
(Check one.)

I. If indirect and overhead costs HAVE BEEN included, explain the method
used to determine the proportionate share of such costs to be allocated
as subcontracts to small, HUBZone small, small disadvantaged and
women-owned business concerns.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[3. PROGRAM ADMINISTRATOR:]{.underline}

*FAR 52.219-9(d)(7) requires information about the company employee who
will administer the subcontracting program. Please provide the name,
title, address, phone number, position within the corporate structure
and the duties of that employee.*

[Name:]{.underline}

[Title:]{.underline}

[Position:]{.underline}

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-47

[Address:]{.underline}

[Telephone:]{.underline}

[Duties]{.underline}: The Program Administrator\'s general overall
responsibility for the Contractor\'s subcontracting program, i.e.,
developing, preparing, and executing individual subcontracting plans and
monitoring performance relative to this particular plan. These duties
may include, but are not limited to the following activities.

A. Developing and promoting company/division policy statements that
demonstrate the company\'s/division\'s support for awarding contracts
and subcontracts to small, HUBZone small, small disadvantaged, and
women-owned small business concerns.

B. Developing and maintaining bidders\' lists of small, HUBZone small,
small disadvantaged, and women-owned small business concerns from all
possible sources.

C. Ensuring periodic rotation of potential subcontractors on bidders\'
lists.

D. Assuring that small, HUBZone small, small disadvantaged, and
women-owned small business concerns are included on the bidders\' list
for every subcontract solicitation for products and services they are
capable of providing.

E. Ensuring that subcontract procurement \"packages\" are designed to
permit the maximum possible participation of small, HUBZone small, small
disadvantaged, and women-owned small business concerns.

F. Reviewing subcontract solicitations to remove statements, clauses,
etc., which might tend to restrict or prohibit small, HUBZone small,
small disadvantaged, and women-owned small business participation.

G. Ensuring that the subcontract bid proposal review board documents its
reasons for not selecting any low bids submitted by small, HUBZone
small, small disadvantaged, and women-owned small business concerns.

H. Overseeing the establishment and maintenance of contract and
subcontract award records.

I. Attending or arranging for the attendance of company counselors at
Business Opportunity Workshops, Minority Business Enterprise Seminars,
Trade Fairs, etc.

J. Directly or indirectly counseling small, HUBZone small, small
disadvantaged and women-owned small business concerns on subcontracting
opportunities and how to prepare bids to the company

GSAM\
D-48 APD 2800.12B, Change 2, 3-10-2000

K. Providing notice to subcontractors concerning penalties for
misrepresentations of business status as small, HUBZone small, small
disadvantaged, or women-owned small business for the purpose of
obtaining a subcontract that is to be included as part or all of a goal
contained in the contractor\'s subcontracting plan.

L. Conducting or arranging training for purchasing personnel regarding
the intent and impact of Public Law 95-907 on purchasing procedures.

M. Developing and maintaining an incentive program for buyers which
supports the subcontracting program.

N. Monitoring the company\'s performance and making any adjustments
necessary to achieve the subcontract plan goals.

O. Preparing and submitting timely reports.

P. Coordinating the company\'s activities during compliance reviews by
Federal agencies.

[4. EQUITABLE OPPORTUNITY]{.underline}

*FAR 52.219-9(d)(8) requires a description of the efforts your company
will make to ensure that small, HUBZone small, small disadvantaged, and
women-owned small business concerns will have an equitable opportunity
to compete for subcontracts. These efforts may include, but are not
limited to the following activities:*

A. Outreach efforts to obtain sources:

\_\_\_\_Contacting minority and small business trade associations

\_\_\_\_Contacting business development organizations

\_\_\_\_Requesting sources from the Small Business Administration\'s
Procurement Marketing and Access Network (PRO-*Net*).

\_\_\_\_Attending small, minority, and women-owned business procurement
conferences and trade fairs.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-49

B. Internal efforts to guide and encourage purchasing personnel:

\_\_\_\_Presenting workshops, seminars and training programs

\_\_\_\_Establishing, maintaining and using small, HUBZone small, small
disadvantaged and\
women-owned business source lists, guides and other data for soliciting
subcontracts

\_\_\_\_Monitoring activities to evaluate compliance with the
subcontracting plan

C. Additional efforts: (Please describe.)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[5. CLAUSE INCLUSION AND FLOWDOWN]{.underline}

*FAR 52.219-9(d)(9) requires that your company provide assurances that
it will include the clause at FAR 52.219-8, \"Utilization of Small
Business Concerns,\" in all subcontracts that offer further
subcontracting opportunities.*

*FAR 52.219-9(d)(9) also requires that your company agrees in this plan
that it will require all subcontractors, except small business concerns,
that receive subcontracts in excess of \$500,000 (\$1,000,000 for
construction) to adopt a plan complies with the requirements of FAR
52.219-9, \"Small Business Subcontracting Plan.\"*

***[(Insert company name]{.underline})*** agrees that the clause will be
included and that the plans will be reviewed against the minimum
requirements for such plans. The acceptability of percentage goals for
small, HUBZone small, small disadvantaged, and women-owned small
business concerns must be determined on a case-by-case basis depending
on the supplies and services involved, the availability of potential
small, HUBZone small, small disadvantaged, and women-owned small
business subcontractors and prior experience. Once the plans are
negotiated, approved, and implemented, the plans must be monitored
through the submission of periodic reports, including Standard Form (SF)
294 and SF 295 reports.

In accordance with policy letters published by the Office of Federal
Procurement Policy, such assurance must describe the offer\'s procedures
for the review, approval and monitoring for compliance with such
subcontracting plans.

[6. REPORTING AND COOPERATION]{.underline}

*FAR 52.219-9(d)(10) requires that your company (1) cooperate in any
studies or surveys as may be required, (2) submit periodic reports which
show compliance with the subcontracting plan; (3) submit Standard Form
(SF) 294, \"Subcontracting Reports for Individual Contracts,\" and SF
295,*

GSAM\
D-50 APD 2800.12B, Change 2, 3-10-2000

*\"Summary Subcontract Report,\" in accordance with the instructions on
the forms; and (4) ensure that subcontractors agree to submit SF 294 and
SF 295.*

*Both the Associate Administrator for Enterprise Development and the
Small Business Technical Advisor must receive the report(s) within 30
days after the close of each calendar period. That is:*

[Calendar Period]{.underline} [Report Due]{.underline} [Date
Due]{.underline} [Send Report To\
]{.underline} 10/01\--03/31 SF 294 04/30 Contracting Officer/Small
Business Technical\
Advisor

04/01\--09/30 SF 294 10/30 Contracting Officer/Small Business Technical\
Advisor

10/01\--09/30 SF 295\* 10/30 Contracting Officer/Associate
Administrator\
for Enterprise Development

\*SF 295 Must be submitted to SBA\'s Commercial Market Representative

+---------------------------------+------------------------------------+
| Small Business Technical        | Associate Administrator for        |
| Advisor address is:             | Enterprise Development address is: |
|                                 |                                    |
| (*To Be Completed by            | (*To be completed by Contracting   |
| Contracting Officer*)           | Officer*)                          |
+---------------------------------+------------------------------------+

7\. [RECORDKEEPING]{.underline}

*FAR 52.219-9(d)(11) requires a list of the types of records your
company will maintain to demonstrate the procedures adopted to comply
with the requirements and goals in the subcontracting plan. These
records include, but are not limited to, the following:*

A. Small, HUBZone small, small disadvantaged, and women-owned small
business concern source lists, guides, and other data identifying such
vendors.

B. Organizations contacted for small, HUBZone small, small
disadvantaged, and women-owned small business sources.

C. On a contract-by-contract basis, records on all subcontract
solicitations over \$100,000 which indicate for each solicitation:

C1. Whether small business concerns were solicited, and if not, why not.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-51

C2. Whether HUBZone small business concerns were solicited, and if not,
why not.

C3. Whether small disadvantaged business concerns were solicited, and if
not, why not.

C4. Whether women-owned small business concerns were solicited, and if
not, why not.

C5. Reasons for the failure of solicited small, small disadvantaged, and
women-owned small business concerns to receive the subcontract award.

D. Records to support other outreach efforts, e.g., contacts with
minority and small business trade associations, attendance at small,
HUBZone small, minority, and women-owned small business procurement
conference and trade fairs.

E. Records to support internal activities to (1) guide and encourage
purchasing personnel, e.g., workshops, seminars, training programs,
incentive awards; and (2) monitor activities to evaluate compliance.

F. On a contract-by-contract basis, records to support subcontract award
data including the name, address and business size of each
subcontractor. (This item is not required for company or division-wide
commercial plans).

G. Other records to support your compliance with the subcontracting
plan: (Please describe)\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[8. TIMELY PAYMENTS TO SUBCONTRACTORS]{.underline}

*FAR 52.219-8(a) requires your company to establish and use procedures
to ensure the timely payment of amounts due pursuant to the terms of
your subcontracts with small, HUBZone small, small disadvantaged, and
women-owned small business concerns.*

*[(Insert company name)]{.underline}* has established and uses such
procedures:\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[9. DESCRIPTION OF GOOD FAITH EFFORT]{.underline}

*Maximum practicable utilization of small,* *HUBZone small,* *small
disadvantaged, and Women-owned small business concerns as subcontractors
in Government contracts is a matter of national interest with both
social and economic benefits. When a contractor fails to make a*

GSAM\
D-52 APD 2800.12B, Change 2, 3-10-2000

*good faith effort to comply with a subcontracting plan, these
objectives are not achieved, and 15 U.S.C. 637(d)(4)(F) directs that the
contractor must pay liquidated damages.* In order to demonstrate your
compliance with a good faith effort to achieve the small, HUBZone small,
small disadvantaged, and women-owned small business subcontracting
goals, outline the steps your company plans to take. These steps will be
negotiated with the contracting officer prior to approval of the plan.\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

The offeror is advised that this subcontracting plan will be made a
material part of the contract and that the submission of the SF294 and
SF295 will be made a line item deliverable in the contract.

[10. SIGNATURES REQUIRED]{.underline}

  ----------------------------------- -----------------------------------
  This subcontracting plan was        This subcontracting plan was
  submitted by:                       accepted by:

  [Signature:]{.underline}            [Signature:]{.underline}

  [Typed Name:]{.underline}           [Typed Name:]{.underline}

  [Title:]{.underline}                [Title]{.underline}: Contracting
  [Date:]{.underline}                 Officer [Date:]{.underline}
  ----------------------------------- -----------------------------------

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-53

**APPENDIX 519B\
SUBCONTRACTING PLAN EVALUATION CHECKLIST**

PART I. IDENTIFYING INFORMATION

+-----------------------+----------------------+----------------------+
| 1\. Contracting       | 2\. Administrative   | 3\. Contractor:\     |
| Officer (CO):\        | CO:\                 | Address:\            |
| Address:\             | Address:\            | \                    |
| \                     | \                    | \                    |
| \                     | \                    | Phone: FAX:          |
| Phone: FAX:\          | Phone: FAX:\         |                      |
| E-mail:               | E-mail:              |                      |
+-----------------------+----------------------+----------------------+
| 4\. Sub. Plan         | 5\. Place of         | 6\. Type of Contract |
| Administrator:\       | Performance (if      | (fill in both A and  |
| Address:\             | different from no.   | B)                   |
| \                     | 3)                   |                      |
| Phone: FAX:\          |                      | A. Commercial Item   |
| E-mail:               |                      | B. Schedule          |
|                       |                      |                      |
|                       |                      | Sealed Bid           |
|                       |                      | Non-Schedule         |
|                       |                      |                      |
|                       |                      | Negotiated           |
+-----------------------+----------------------+----------------------+
| 7\. Solicitation No.: | 9A. Date of Award:   | 10\. Type Of Plan    |
|                       |                      | (check one)          |
|                       | 9B. Contract Period: |                      |
|                       |                      | Individual Contract  |
|                       | 9C. Contract Dollar  | Master               |
|                       | Value:               |                      |
|                       |                      | Company-Wide Plan    |
|                       |                      | for Commercial       |
|                       |                      | Products             |
+-----------------------+----------------------+----------------------+
| 8\. Contract No.:     |                      |                      |
+-----------------------+----------------------+----------------------+
| 11\. Description Of   |                      |                      |
| Supplies Or Services: |                      |                      |
+-----------------------+----------------------+----------------------+

PART II. ACCEPTABILITY OF GOALS

  --------------------- ------------- ---------- --------------- ----- ---------- ----- ------- -----
  **Goals Established** **Percent**   **Dollar   **Contracting         **SBTA**         **SBA   
                                      Amount**   Officer**                              PCR**   

                                                 Yes             No    Yes        No    Yes     No

  Total subcontracting  100                                                                     
  planned                                                                                       

  Small business                                                                                
  (include HUBZone                                                                              
  small, small                                                                                  
  disadvantaged, and                                                                            
  women-owned small)                                                                            

  HUBZone small (% of                                                                           
  total)                                                                                        

  Small disadvantaged                                                                           
  business (% of total)                                                                         

  Women-owned small (%                                                                          
  of total)                                                                                     
  --------------------- ------------- ---------- --------------- ----- ---------- ----- ------- -----

GSAM\
D-54 APD 2800.12B, Change 2, 3-10-2000

PART III. MINIMUM REQUIREMENTS UNDER FAR CLAUSE 52.219-9

  -------------------------------------- --------------- ----- ---------- ----- ------- -----
  **Element**                            **Contracting         **SBTA**         **SBA   
                                         Officer**                              PCR**   

                                         Yes             No    Yes        No    Yes     No

  1\. Does the offeror propose separate                                                 
  small, HUBZone small, small                                                           
  disadvantaged, and, if an individual                                                  
  contract plan is involved, women-owned                                                
  small business percentage goals?                                                      

  2\. Does the offeror express the goals                                                
  as a percentage of total planned                                                      
  subcontracting dollars?                                                               

  3\. Does the offeror provide a                                                        
  statement of the total dollars planned                                                
  to be:                                                                                

  a\. Subcontracted under an individual                                                 
  plan or total projected sales and the                                                 
  total value of projected subcontracts                                                 
  to support the sales for a commercial                                                 
  plan?                                                                                 

  b\. Subcontracted to small business                                                   
  concerns?                                                                             

  c\. Subcontracted to HUBZone small                                                    
  business concerns?                                                                    

  d\. Subcontracted to small                                                            
  disadvantaged business concerns?                                                      

  e\. Does the offeror provide a                                                        
  statement of the total dollars planned                                                
  to be subcontracted to women-owned                                                    
  small business concerns?                                                              

  4\. Does the offeror furnish a                                                        
  description of the major product and                                                  
  service areas to be subcontracted?                                                    

  5\. Does the offeror furnish a                                                        
  description of the major product and                                                  
  service areas where small, HUBZone                                                    
  small, small disadvantaged, and                                                       
  women-owned small business concerns                                                   
  will be considered for subcontract                                                    
  awards?                                                                               

  6\. Does the offeror provide a                                                        
  statement of the method used to                                                       
  develop goals?                                                                        

  7\. Does the offeror describe the                                                     
  method used to identify potential                                                     
  sources for solicitation purposes?                                                    

  8\. Does the offeror include a                                                        
  statement as to whether or not it                                                     
  includes indirect or overhead costs as                                                
  an element in developing goals?                                                       

  9\. Where costs are elements in                                                       
  developing goals, does the offeror                                                    
  describe the method used in                                                           
  determining a proportionate share of                                                  
  the indirect and overhead?                                                            

  10\. Does the offeror provide the name                                                
  and description of the duties of the                                                  
  individual who will administer the                                                    
  subcontracting plan?                                                                  
  -------------------------------------- --------------- ----- ---------- ----- ------- -----

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-55

  -------------------------------------- --------------- ----- ---------- ----- ------- -----
  **Element**                            **Contracting         **SBTA**         **SBA   
                                         Officer**                              PCR**   

                                         Yes             No    Yes        No    Yes     No

  11\. Does the offeror describe the                                                    
  efforts it will make to assure that                                                   
  small, HUBZone small, small                                                           
  disadvantaged, and women-owned small                                                  
  business concerns have an equitable                                                   
  opportunity to compete for                                                            
  subcontracts?                                                                         

  12\. Does the offeror provide for the                                                 
  flow down of the clause entitled                                                      
  "Utilization of Small Business                                                        
  Concerns?"                                                                            

  13\. Does the offeror require                                                         
  subcontractors to adopt subcontracting                                                
  policies and subcontracting plans in                                                  
  accordance with the Small Business                                                    
  Act, as amended, and implementing                                                     
  regulations for all appropriate                                                       
  subcontracts?                                                                         

  14\. Does the offeror provide                                                         
  assurance that it will:                                                               

  a\. Cooperate in any studies or                                                       
  surveys as may be required?                                                           

  b\. Submit periodic reports act to                                                    
  determine compliance with the plan?                                                   

  c\. Submit SF 294 and SF 295 reports                                                  
  following the instructions on the                                                     
  forms, paragraph (j) of the clause at                                                 
  FAR 52.219-9, and provided by GSA?                                                    

  d\. Ensure that its subcontractors,                                                   
  that are required to adopt a                                                          
  subcontracting plan, agree to submit                                                  
  SF 294 and SF 295 reports?                                                            

  15\. Does the offeror provide                                                         
  assurance that the following types of                                                 
  records will be maintained:                                                           

  a\. Source lists, guides, and other                                                   
  data that identify small, HUBZone                                                     
  small, small disadvantaged, and                                                       
  women-owned small business source                                                     
  lists?                                                                                

  b\. List of organizations contacted                                                   
  for small, HUBZone small, small                                                       
  disadvantaged, and women-owned small                                                  
  business sources?                                                                     

  c\. List of solicitations resulting in                                                
  awards over \$100,000 that identify                                                   
  whether small, HUBZone small, small                                                   
  disadvantaged, and women-owned small                                                  
  business concerns were solicited (or                                                  
  reasons why not) and explain, if                                                      
  applicable, why award was not made to                                                 
  a small business concern?                                                             

  d\. Contacts with trade associations?                                                 

  e\. Contacts with business development                                                
  associations?                                                                         

  f\. Contacts with conferences and                                                     
  trade fairs to locate small, HUBZone                                                  
  small, small disadvantaged, and                                                       
  women-owned small business concerns?                                                  
  -------------------------------------- --------------- ----- ---------- ----- ------- -----

GSAM\
D-56 APD 2800.12B, Change 2, 3-10-2000

  -------------------------------------- --------------- ----- ---------- ----- ------- -----
  **Element**                            **Contracting         **SBTA**         **SBA   
                                         Officer**                              PCR**   

                                         Yes             No    Yes        No    Yes     No

  g\. Records to support internal                                                       
  activities to promote and implement                                                   
  the subcontracting initiatives?                                                       

  h\. For each contract, records                                                        
  supporting award data submitted to the                                                
  Government, including the name,                                                       
  address, and business size of each                                                    
  subcontractor? Commercial plans do not                                                
  have to provide this assurance.                                                       
  -------------------------------------- --------------- ----- ---------- ----- ------- -----

PART IV. FACTORS TO CONSIDER UNDER GSAR 552.219-72 OR 552.219-73

  -------------------------------------- --------------- ----- ---------- ----- ------- -----
  **Element**                            **Contracting         **SBTA**         **SBA   
                                         Officer**                              PCR**   

                                         Yes             No    Yes        No    Yes     No

  1\. If the offeror identifies previous                                                
  contracts with subcontracting plans,                                                  
  does the record indicate any                                                          
  significant achievements, i.e.,                                                       
  sustained increase in the number of                                                   
  dollars awarded to small, HUBZone                                                     
  small, small disadvantaged, and                                                       
  women-owned small business concerns or                                                
  the total number of subcontracts?                                                     

  2\. Does the offeror describe its                                                     
  strategies used to involve small,                                                     
  HUBZone small, small disadvantaged,                                                   
  and women-owned small business                                                        
  concerns in subcontracting                                                            
  opportunities, i.e., public                                                           
  announcements (newspaper or Commerce                                                  
  Business Daily notices or radio                                                       
  commercials), set-asides, counseling,                                                 
  long-term arrangements, contacts with                                                 
  local or national advocacy groups or                                                  
  trade associations, or workshops?                                                     

  3\. Does the offeror express or                                                       
  manifest an interest in diversifying                                                  
  or increasing the amount of                                                           
  subcontracting (i.e., are                                                             
  subcontracting opportunities (1) only                                                 
  in very limited areas, (2) varied if                                                  
  the offeror has several plants in                                                     
  different locations, or (3) basically                                                 
  unchanged from previous contracts)?                                                   

  4\. Does the offeror have a program                                                   
  that seeks out new small, HUBZone                                                     
  small, small disadvantaged, and                                                       
  women-owned small business concerns                                                   
  instead of relying upon them to come                                                  
  to the offeror?                                                                       
  -------------------------------------- --------------- ----- ---------- ----- ------- -----

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-57

  -------------------------------------- --------------- ----- ---------- ----- ------- -----
  **Element**                            **Contracting         **SBTA**         **SBA   
                                         Officer**                              PCR**   

                                         Yes             No    Yes        No    Yes     No

  5\. Does the offeror include specific                                                 
  examples of new concerns that were                                                    
  added to its subcontractor base as a                                                  
  result of (1) attendance at trade                                                     
  fairs or business conferences, (2)                                                    
  contacts with local or national                                                       
  advocacy groups or trade associations,                                                
  (3) advance planning notices in                                                       
  newspapers, radio announcements, or                                                   
  the Commerce Business Daily, (4)                                                      
  counseling, or (5) workshops?                                                         

  6\. Is the official responsible for                                                   
  administering the subcontracting plan                                                 
  a senior official?                                                                    

  7\. Does this official review and                                                     
  approve required subcontracting plans                                                 
  of major subcontractors?                                                              

  8\. Does the offeror have a written                                                   
  policy statement that is distributed                                                  
  and provides guidance to employees                                                    
  involved in making purchasing                                                         
  decisions?                                                                            

  9\. Does the offeror provide training                                                 
  to these employees concerning these                                                   
  policies?                                                                             

  10\. Does the offeror, as part of its                                                 
  subcontracting program, establish                                                     
  annual goals for subcontracting to                                                    
  small, HUBZone small, small                                                           
  disadvantaged, and women-owned small                                                  
  business concerns?                                                                    

  11\. Does the offeror, as part of its                                                 
  subcontracting program, evaluate                                                      
  accomplishments under each of these                                                   
  goals and adjust the goals annually?                                                  
  -------------------------------------- --------------- ----- ---------- ----- ------- -----

**Contracting Officer\'s Comments** (*Include assessment of compliance
with subcontracting plans on previous Federal contracts*):

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\
Contracting Officer Date

GSAM\
D-58 APD 2800.12B, Change 2, 3-10-2000

**Small Business Technical Advisor (SBTA) Comments** (*Include SBTA\'s
name and date of comments, as well as observations concerning compliance
with subcontracting plans and timely submission of SF 294 and SF 295
reports on previous Federal contracts*):

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\
SBTA Date

**SBA Procurement Center Representative (PCR) Comments** (*Include
PCR\'s name and date of comments, if any*):

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\
PCR Date

**Contracting Officer\'s Record of Discussion with Offeror:**

**Decision:** Plan is \[ \] Acceptable \[ \] Unacceptable
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\
Contracting Officer Date

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-59

**APPENDIX 519C\
REPORTS ON SMALL BUSINESS PARTICIPATION**

**14 DEC 1999 REPORT ON SMALL BUSINESS PARTICIPATION UNDER THE**

**REPORT: D1 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM**

**FOR DESIGNATED INDUSTRY GROUPS**

**NATIONWIDE PBS**

**TOTAL US BUSINESS SM BUSINESS SM DIS BUSINESS EMERG SM BUSINESS**

**ACTIONS DOLLARS ACTIONS DOLLARS PERCENT ACTIONS DOLLARS PERCENT
ACTIONS DOLLARS PERCENT**

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**I. CONSTRUCTION (EXCLUDING DREDGING)**

**SIC GROUP 15**

**1521**

**1522**

**1531**

**1541 49 835,000 37 723,000 86.58 0.00 11 92,000 11.01**

**1542 5863 602,295,330 3603 151,760,531 25.19 771 44,557,889 7.39 1219
60,641,815 10.06**

**SUBTOTAL**

**5912 603,130,330 3640 52,483,531 25.28 771 44,557,889 7.38 1230
60,733,815 10.06**

**SIC GROUP 16**

**1611 25 610,000 16 521,000 85.40 3 53,000 8.68 9 305,000 50.00**

**1622**

**1623 4 13,000 4 13,000 100.00 2 3,000 23.07 2 3,000 23.07**

**1629 8 528,003 7 528,000 99.99 2 453,000 85.79 1 3,000 0.56**

**SUBTOTAL**

**37 1,151,003 27 1,062,000 92.26 7 509,000 44.22 12 311,000 27.01**

**SIC GROUP 17**

**1711 382 31,661,413 307 8,101,373 25.58 70 3,488,000 11.01 132
3,698,373 11.68**

**1721 122 1,769,002 122 1,769,002 100.00 7 299,000 16.90 50 749,002
42.34**

**1731 647 17,369,424 549 14,398,424 82.89 153 8,283,002 47.68 243
7,512,332 43.25**

**1741 22 1,765,000 17 1,350,000 76.48 3 314,000 17.79 5 619,000 35.07**

**1742 47 1,066,620 44 1,058,620 99.24 2 162,000 15.18 8 117,000 10.96**

**1743 14 116,012 13 116,000 99.98 7 71,000 61.20 5 19,000 16.37**

**1751 137 8,598,007 136 8,591,007 99.91 49 1,084,000 12.60 36 808,007
9.39**

**1752 71 751,000 68 705,000 93.87 4 15,000 1.99 12 106,000 14.11**

**1761 83 6,634,000 68 5,452,000 82.18 8 1,450,000 21.85 30 1,833,000
27.63**

**1771 44 2,518,001 44 2,518,001 100.00 3 35,000 1.38 23 352,001 13.97**

**1781 3 424,000 3 424,000 100.00 0.00 2 3,000 0.70**

**1791 2 14,009 2 14,009 100.00 1 9 0.06 1 9 0.06**

**1793 31 451,000 29 410,000 90.90 0.00 8 68,000 15.07**

**1794 25 1,090,300 23 915,300 83.94 15 871,000 79.88 14 865,300 79.36**

**1795 13 3,594,000 10 3,424,000 95.26 6 665,000 18.50 3 444,000 12.35**

**1796 61 5,483,014 41 4,045,014 73.77 3 3,078,000 56.13 24 3,608,011
65.80**

**1799 257 5,680,101 241 5,217,101 91.84 48 1,137,826 20.03 117
1,249,973 22.00**

**SUBTOTAL**

**1961 88,984,903 1717 58,508,851 65.75 379 20,952,837 23.54 713
22,052,008 24.78**

**CATEGORY TOTAL**

**7910 693,266,236 5384 212,054,382 30.58 1157 66,019,726 9.52 1955
83,096,823 11.98**

**II. REFUSE SYSTEMS AND RELATED SERVICES**

**S205 27 1,918,000 13 1,701,000 88.68 1 1,564,000 81.54 4 1,662,000
86.65**

**CATEGORY TOTAL**

**27 1,918,000 13 1,701,000 88.68 1 1,564,000 81.54 4 1,662,000 86.65**

**III. ARCHITECTURAL AND ENGINEERING SERVICES (INCLUDING MAPPING AND
SURVEYING)**

**SIC 7389:**

**SIC 8711: OR SIC 8712: OR SIC 8713:**

**C111 791 36,337,817 480 12,584,327 34.63 61 1,276,000 3.51 183
4,290,327 11.80**

**C112 2 30,000 2 30,000 100.00 0.00 0.00**

**C113**

**C114**

**C115**

**C116**

**C117**

**C118**

**C119 312 16,360,000 74 3,416,000 20.88 8 137,000 0.83 40 2,289,000
13.99**

**C121**

GSAM\
D-60 APD 2800.12B, Change 2, 3-10-2000

**C122 3 74,000 2 69,000 93.24 2 69,000 93.24 0.00**

**C123**

**C124 1 6,000 1 6,000 100.00 0.00 1 6,000 100.00**

**C129**

**C130**

**C211 125 9,834,000 56 2,750,000 27.96 17 580,000 5.89 13 650,000
6.60**

**C212 3 41,000 3 41,000 100.00 0.00 0.00**

**C213 1 2,000 0.00 0.00 0.00**

**C214 8 873,000 5 41,000 4.69 0.00 3 20,000 2.29**

**C215 1 74,000 1 74,000 100.00 0.00 0.00**

**C216**

**C219 66 3,276,000 49 1,420,000 43.34 1 50,000 1.52 1 18,000 0.54**

**R404**

**CATEGORY TOTAL**

**1313 66,907,817 673 20,431,327 30.53 89 2,112,000 3.15 241 7,273,327
10.87**

**GRAND TOTAL**

**9250 762,092,053 6070 234,186,709 30.72 1247 69,695,726 9.14 2200
92,032,150 12.07**

**14 DEC 1999 REPORT ON SMALL BUSINESS PARTICIPATION UNDER THE**

**REPORT: D1 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM**

**FOR DESIGNATED INDUSTRY GROUPS**

**REGION 1 - PBS**

**TOTAL US BUSINESS SM BUSINESS SM DIS BUSINESS EMERG SM BUSINESS**

**ACTIONS DOLLARS ACTIONS DOLLARS PERCENT ACTIONS DOLLARS PERCENT
ACTIONS DOLLARS PERCENT**

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**I. CONSTRUCTION (EXCLUDING DREDGING)**

**SIC GROUP 15**

**1521**

**1522**

**1531**

**1541**

**1542 102 7,763,054 98 7,182,054 92.51 0.00 28 1,322,054 17.03**

**SUBTOTAL**

**102 7,763,054 98 7,182,054 92.51 0 0.00 28 1,322,054 17.03**

**SIC GROUP 16**

**1611 4 155,000 4 155,000 100.00 0.00 1 3,000 1.93**

**1622**

**1623**

**1629 1 43,000 1 43,000 100.00 0.00 0.00**

**SUBTOTAL**

**5 198,000 5 198,000 100.00 0 0.00 1 3,000 1.51**

**SIC GROUP 17**

**1711 20 673,367 14 12,367 1.83 0.00 4 35,367 5.25**

**1721 1 6,000 1 6,000 100.00 0.00 0.00**

**1731 11 61,322 10 37,322 60.86 0.00 9 34,322 55.97**

**1741 3 336,000 3 336,000 100.00 0.00 3 336,000 100.00**

**1742**

**1743**

**1751 4 23,000 4 23,000 100.00 0.00 0.00**

**1752 1 10,000 1 10,000 100.00 0.00 0.00**

**1761 2 67,000 2 67,000 100.00 0.00 2 67,000 100.00**

**1771 2 2,000 2 2,000 100.00 0.00 0.00**

**1781 2 3,000 2 3,000 100.00 0.00 2 3,000 100.00**

**1791**

**1793**

**1794 2 165,300 1 1,300 0.78 0.00 1 1,300 0.78**

**1795**

**1796 2 12,000 1 2,000 16.66 0.00 1 2,000 16.66**

**1799 13 365,952 13 365,952 100.00 0.00 6 101,952 27.85**

**SUBTOTAL**

**63 1,724,941 54 865,941 50.20 0 0.00 28 580,941 33.67**

**CATEGORY TOTAL**

**170 9,685,995 157 8,245,995 85.13 0 0.00 57 1,905,995 19.67**

**II. REFUSE SYSTEMS AND RELATED SERVICES**

**S205 1 1**

**III. ARCHITECTURAL AND ENGINEERING SERVICES (INCLUDING MAPPING AND
SURVEYING)**

**SIC 7389:**

**SIC 8711: OR SIC 8712: OR SIC 8713:**

**C111 40 1,370,000 28 1,253,000 91.45 0.00 0.00**

**C112**

**C113**

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-61

**C114**

**C115**

**C116**

**C117**

**C118**

**C119**

**C121**

**C122**

**C123**

**C124**

**C129**

**C130**

**C211**

**C212**

**C213**

**C214**

**C215**

**C216**

**C219**

**R404**

**CATEGORY TOTAL**

**41 1,370,000 29 1,253,000 91.45 0 0.00 0 0.00**

**GRAND TOTAL**

**211 11,055,995 186 9,498,995 85.91 0 0.00 57 1,905,995 17.23**

**14 DEC 1999 REPORT ON SMALL BUSINESS PARTICIPATION UNDER THE**

**REPORT: D1 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM**

**FOR DESIGNATED INDUSTRY GROUPS**

**REGION 2 - PBS**

**TOTAL US BUSINESS SM BUSINESS SM DIS BUSINESS EMERG SM BUSINESS**

**ACTIONS DOLLARS ACTIONS DOLLARS PERCENT ACTIONS DOLLARS PERCENT
ACTIONS DOLLARS PERCENT**

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**I. CONSTRUCTION (EXCLUDING DREDGING)**

**SIC GROUP 15**

**1521**

**1522**

**1531**

**1541**

**1542 343 33,282,000 223 14,635,000 43.97 39 879,000 2.64 119 2,525,000
7.58**

**SUBTOTAL**

**343 33,282,000 223 14,635,000 43.97 39 879,000 2.64 119 2,525,000
7.58**

**SIC GROUP 16**

**1611 2 58,000 2 58,000 100.00 0.00 2 58,000 100.00**

**1622**

**1623**

**1629 1 7,000 1 7,000 100.00 0.00 0.00**

**SUBTOTAL**

**3 65,000 3 65,000 100.00 0 0.00 2 58,000 89.23**

**SIC GROUP 17**

**1711 11 881,000 11 881,000 100.00 7 834,000 94.66 8 184,000 20.88**

**1721 3 13,000 3 13,000 100.00 0.00 0.00**

**1731 16 966,000 13 674,000 69.77 4 503,000 52.07 4 206,000 21.32**

**1741 5 388,000 5 388,000 100.00 3 314,000 80.92 1 275,000 70.87**

**1742**

**1743 1 4,000 1 4,000 100.00 1 4,000 100.00 1 4,000 100.00**

**1751 5 6,326,000 5 6,326,000 100.00 0.00 0.00**

**1752 24 411,000 24 411,000 100.00 1 5,000 1.21 2 10,000 2.43**

**1761 1 24,000 1 24,000 100.00 1 24,000 100.00 0.00**

**1771 4 192,000 4 192,000 100.00 1 4,000 2.08 0.00**

**1781**

**1791**

**1793**

**1794**

**1795**

**1796 4 60,000 1 22,000 36.66 0.00 1 22,000 36.66**

**1799 18 350,000 15 282,000 80.57 0.00 4 63,000 18.00**

**SUBTOTAL**

**92 9,615,000 83 9,217,000 95.86 18 ,688,000 17.55 21 764,000 7.94**

**CATEGORY TOTAL**

**438 42,962,000 309 23,917,000 55.67 57 2,567,000 5.97 142 3,347,000
7.79**

GSAM\
D-62 APD 2800.12B, Change 2, 3-10-2000

**II. REFUSE SYSTEMS AND RELATED SERVISES**

**S205**

**III. ARCHITECTURAL AND ENGINEERING SERVICES (INCLUDING MAPPING AND
SURVEYING)**

**SIC 7389:**

**SIC 8711: OR SIC 8712: OR SIC 8713:**

**C111 14 3,320,000 7 209,000 6.29 0.00 0.00**

**C112**

**C113**

**C114**

**C115**

**C116**

**C117**

**C118**

**C119**

**C121**

**C122**

**C123**

**C124**

**C129**

**C130**

**C211**

**C212**

**C213 1 2,000 0.00 0.00 0.00**

**C214**

**C215**

**C216**

**C219**

**R404**

**CATEGORY TOTAL**

**15 3,322,000 7 209,000 6.29 0 0.00 0 0.00**

**GRAND TOTAL**

**453 46,284,000 316 24,126,000 52.12 57 2,567,000 5.54 142 3,347,000
7.23**

**14 DEC 1999 REPORT ON SMALL BUSINESS PARTICIPATION UNDER THE**

**REPORT: D1 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM**

**FOR DESIGNATED INDUSTRY GROUPS**

**REGION 3 - PBS**

**TOTAL US BUSINESS SM BUSINESS SM DIS BUSINESS EMERG SM BUSINESS**

**ACTIONS DOLLARS ACTIONS DOLLARS PERCENT ACTIONS DOLLARS PERCENT
ACTIONS DOLLARS PERCENT**

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**I. CONSTRUCTION (EXCLUDING DREDGING)**

**SIC GROUP 15**

**1521**

**1522**

**1531**

**1541**

**1542 375 16,157,390 297 11,026,390 68.24 91 2,939,390 18.19 158
7,117,390 44.05**

**SUBTOTAL**

**375 16,157,390 297 11,026,390 68.24 91 2,939,390 18.19 158 7,117,390
44.05**

**SIC GROUP 16**

**1611**

**1622**

**1623**

**1629**

**SIC GROUP 17**

**1711 59 789,000 53 709,000 89.86 18 358,000 45.37 23 445,000 56.40**

**1721 8 107,000 8 107,000 100.00 0.00 2 34,000 31.77**

**1731 83 2,375,020 77 2,340,020 98.52 31 1,907,000 80.29 38 1,978,000
83.28**

**1741 6 36,000 3 25,000 69.44 0.00 1 8,000 22.22**

**1742 4 208,000 4 208,000 100.00 1 156,000 75.00 3 52,000 25.00**

**1743**

**1751 68 1,622,000 68 1,622,000 100.00 43 930,000 57.33 18 609,000
37.54**

**1752 8 69,000 7 64,000 92.75 1 3,000 4.34 3 39,000 56.52**

**1761 23 1,688,000 16 823,000 48.75 0.00 9 200,000 11.84**

**1771 6 42,000 6 42,000 100.00 0.00 3 10,000 23.80**

**1781**

**1791**

**1793 1 4,000 1 4,000 100.00 0.00 0.00**

**1794**

**1795**

**1796 17 1,299,000 11 573,000 44.11 0.00 8 450,000 34.64**

**1799 12 194,000 7 37,000 19.07 0.00 4 11,000 5.67**

**SUBTOTAL**

**295 8,433,020 261 6,554,020 77.71 94 3,354,000 39.77 112 3,836,000
45.48**

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-63

**CATEGORY TOTAL**

**670 24,590,410 558 17,580,410 71.49 185 6,293,390 25.59 270 10,953,390
44.54**

**II. REFUSE SYSTEMS AND RELATED SERVICES**

**S205 1 18,000 1 18,000 100.00 0.00 0.00**

**CATEGORY TOTAL**

**1 18,000 1 18,000 100.00 0 0.00 0 0.00**

**III. ARCHITECTURAL AND ENGINEERING SERVICES (INCLUDING MAPPING AND
SURVEYING)**

**SIC 7389:**

**SIC 8711: OR SIC 8712: OR SIC 8713:**

**C111 100 7,485,000 71 1,458,000 19.47 24 554,000 7.40 24 469,000
6.26**

**C112**

**C113**

**C114**

**C115**

**C116**

**C117**

**C118**

**C119**

**C121**

**C122**

**C123**

**C124**

**C129**

**C130**

**C211 6 102,000 5 72,000 70.58 1 45,000 44.11 0.00**

**C212**

**C213**

**C214**

**C215**

**C216**

**C219**

**R404**

**CATEGORY TOTAL**

**106 7,587,000 76 1,530,000 20.16 25 599,000 7.89 24 469,000 6.18**

**GRAND TOTAL**

**777 32,195,410 635 19,128,410 59.41 210 6,892,390 21.40 294 11,422,390
35.47**

**14 DEC 1999 REPORT ON SMALL BUSINESS PARTICIPATION UNDER THE**

**REPORT: D1 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM**

**FOR DESIGNATED INDUSTRY GROUPS**

**REGION 4 - PBS**

**TOTAL US BUSINESS SM BUSINESS SM DIS BUSINESS EMERG SM BUSINESS**

**ACTIONS DOLLARS ACTIONS DOLLARS PERCENT ACTIONS DOLLARS PERCENT
ACTIONS DOLLARS PERCENT**

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**I. CONSTRUCTION (EXCLUDING DREDGING)**

**SIC GROUP 15**

**1521**

**1522**

**1531**

**1541 2 45,000 1 12,000 26.66 0.00 0.00**

**1542 1120 172,964,016 767 27,028,016 15.62 208 13,518,000 7.81 111
4,718,000 2.72**

**SUBTOTAL**

**1122 173,009,016 768 27,040,016 15.62 208 13,518,000 7.81 111
4,718,000 2.72**

**SIC GROUP 16**

**1611**

**1622**

**1623**

**1629**

**SIC GROUP 17**

**1711 80 2,809,000 55 417,000 14.84 3 14,000 0.49 3 30,000 1.06**

**1721 39 480,000 39 480,000 100.00 2 19,000 3.95 1 150,000 31.25**

**1731 196 4,080,000 160 ,196,000 78.33 12 132,000 3.23 40 2,264,000
55.49**

**1741 1 6,000 0.00 0.00 0.00**

**1742 28 285,000 27 280,000 98.24 0.00 1 13,000 4.56**

**1743 8 97,000 8 97,000 100.00 3 54,000 55.67 0.00**

**1751 31 305,000 30 298,000 97.70 0.00 0.00**

**1752 23 95,000 21 54,000 56.84 1 5,000 5.26 1 0.00**

**1761 12 476,000 12 476,000 100.00 4 423,000 88.86 2 13,000 2.73**

**1771 5 112,000 5 112,000 100.00 1 25,000 22.32 0.00**

**1781**

GSAM\
D-64 APD 2800.12B, Change 2, 3-10-2000

**1791 1 14,000 1 14,000 100.00 0.00 0.00**

**1793 10 65,000 9 26,000 40.00 0.00 0.00**

**1794 1 6,000 1 6,000 100.00 0.00 0.00**

**1795 6 587,000 6 587,000 100.00 4 546,000 93.01 1 325,000 55.36**

**1796 2 12,000 1 5,000 41.66 0.00 0.00**

**1799 39 536,000 38 522,000 97.38 4 55,000 10.26 3 121,000 22.57**

**SUBTOTAL**

**482 9,965,000 413 6,570,000 65.93 34 1,273,000 12.77 52 2,916,000
29.26**

**CATEGORY TOTAL**

**1604 182,974,016 1181 33,610,016 18.36 242 14,791,000 8.08 163
7,634,000 4.17**

**II. REFUSE SYSTEMS AND RELATED SERVICES**

**S205 12 119,000 4 18,000 15.12 0.00 0.00**

**CATEGORY TOTAL**

**12 119,000 4 18,000 15.12 0 0.00 0 0.00**

**III. ARCHITECTURAL AND ENGINEERING SERVICES (INCLUDING MAPPING AND
SURVEYING)**

**SIC 7389:**

**SIC 8711: OR SIC 8712: OR SIC 8713:**

**C111 15 456,000 4 228,000 50.00 1 200,000 43.85 1 20,000 4.38**

**C112**

**C113**

**C114**

**C115**

**C116**

**C117**

**C118**

**C119 312 16,360,000 74 3,416,000 20.88 8 137,000 0.83 40 2,289,000
13.99**

**C121**

**C122**

**C123**

**C124**

**C129**

**C130**

**C211 13 2,094,000 1 54,000 2.57 0.00 0.00**

**C212**

**C213**

**C214 3 832,000 0.00 0.00 0.00**

**C215**

**C216**

**C219 28 2,083,000 12 238,000 11.42 0.00 0.00**

**R404**

**CATEGORY TOTAL**

**371 21,825,000 91 3,936,000 18.03 9 337,000 1.54 41 2,309,000 10.57**

**GRAND TOTAL**

**1987 204,918,016 1276 37,564,016 18.33 251 15,128,000 7.38 204
9,943,000 4.85**

**14 DEC 1999 REPORT ON SMALL BUSINESS PARTICIPATION UNDER THE**

**REPORT: D1 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM**

**FOR DESIGNATED INDUSTRY GROUPS**

**REGION 5 - PBS**

**TOTAL US BUSINESS SM BUSINESS SM DIS BUSINESS EMERG SM BUSINESS**

**ACTIONS DOLLARS ACTIONS DOLLARS PERCENT ACTIONS DOLLARS PERCENT
ACTIONS DOLLARS
PERCENT\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**I. CONSTRUCTION (EXCLUDING DREDGING)**

**SIC GROUP 15**

**1521**

**1522**

**1531**

**1541 22 558,000 22 558,000 100.00 0.00 2 37,000 6.63**

**1542 294 124,965,389 171 14,515,371 11.61 6 754,399 0.60 34 12,121,371
9.69**

**SUBTOTAL**

**316 125,523,389 193 15,073,371 12.00 6 754,399 0.60 36 12,158,371
9.68**

**SIC GROUP 16**

**1611**

**1622**

**1623 1 6,000 1 6,000 100.00 0.00 0.00**

**1629 4 25,003 3 25,000 99.98 0.00 0.00**

**SUBTOTAL**

**5 31,003 4 31,000 99.99 0 0.00 0 0.00**

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-65

**SIC GROUP 17**

**1711 19 1,461,046 16 995,006 68.10 0.00 8 287,006 19.64**

**1721 7 21,002 7 21,002 100.00 0.00 3 1,002 4.77**

**1731 41 325,082 40 220,082 67.70 3 4,002 1.23 7 30,010 9.23**

**1741**

**1742**

**1743 2 2,012 1 2,000 99.40 0.00 1 2,000 99.40**

**1751 6 9,007 6 9,007 100.00 0.00 4 7 0.07**

**1752**

**1761 1 191,000 1 191,000 100.00 1 191,000 100.00 0.00**

**1771 2 1,748,001 2 1,748,001 100.00 0.00 1 1 0.00**

**1781**

**1791 1 9 1 9 100.00 1 9 100.00 1 9 100.00**

**1793 1 11,000 1 11,000 100.00 0.00 1 11,000 100.00**

**1794 2 30,000 2 30,000 100.00 0.00 0.00**

**1795 2 133,000 0.00 0.00 0.00**

**1796 6 -21,986 5 21,986 100.00 0.00 2 11 -0.05**

**1799 45 138,022 44 139,022 100.72 0.00 42 65,021 47.10**

**SUBTOTAL**

**135 4,047,195 126 3,344,143 82.62 5 195,011 4.81 70 396,067 9.78**

**CATEGORY TOTAL**

**456 129,601,587 323 18,448,514 14.23 11 949,410 0.73 106 12,554,438
9.68**

**II. REFUSE SYSTEMS AND RELATED SERVICES**

**S205**

**III. ARCHITECTURAL AND ENGINEERING SERVICES (INCLUDING MAPPING AND
SURVEYING)**

**SIC 7389:**

**SIC 8711: OR SIC 8712: OR SIC 8713:**

**C111 30 941,000 8 278,000 29.54 0.00 3 89,000 9.45**

**C112 2 30,000 2 30,000 100.00 0.00 0.00**

**C113**

**C114**

**C115**

**C116**

**C117**

**C118**

**C119**

**C121**

**C122**

**C123**

**C124**

**C129**

**C130**

**C211 8 736,000 1 10,000 1.35 0.00 1 10,000 1.35**

**C212**

**C213**

**C214**

**C215**

**C216**

**C219**

**R404**

**CATEGORY TOTAL**

**40 1,707,000 11 318,000 18.62 0 0.00 4 99,000 5.79**

**GRAND TOTAL**

**496 131,308,587 334 18,766,514 14.29 11 949,410 0.72 110 12,653,438
9.63**

**14 DEC 1999 REPORT ON SMALL BUSINESS PARTICIPATION UNDER THE**

**REPORT: D1 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM**

**FOR DESIGNATED INDUSTRY GROUPS**

**REGION 6 - PBS**

**TOTAL US BUSINESS SM BUSINESS SM DIS BUSINESS EMERG SM BUSINESS**

**ACTIONS DOLLARS ACTIONS DOLLARS PERCENT ACTIONS DOLLARS PERCENT
ACTIONS DOLLARS PERCENT**

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**I. CONSTRUCTION (EXCLUDING DREDGING)**

**SIC GROUP 15**

**1521**

**1522**

**1531**

**1541**

**1542 857 21,363,610 371 13,042,100 61.04 10 269,100 1.25 45 2,709,000
12.68**

**SUBTOTAL**

**857 21,363,610 371 13,042,100 61.04 10 269,100 1.25 45 2,709,000
12.68**

GSAM\
D-66 APD 2800.12B, Change 2, 3-10-2000

**SIC GROUP 16**

**1611**

**1622**

**1623 1 4,000 1 4,000 100.00 0.00 0.00**

**1629**

**SUBTOTAL**

**1 4,000 1 4,000 100.00 0 0.00 0 0.00**

**SIC GROUP 17**

**1711 23 853,000 23 853,000 100.00 2 32,000 3.75 7 500,000 58.61**

**1721 3 35,000 3 35,000 100.00 1 9,000 25.71 2 27,000 77.14**

**1731 36 714,000 31 664,000 92.99 0.00 18 606,000 84.87**

**1741**

**1742**

**1743**

**1751 2 19,000 2 19,000 100.00 0.00 0.00**

**1752 1 16,000 1 16,000 100.00 0.00 0.00**

**1761 6 95,000 6 95,000 100.00 0.00 1 19,000 20.00**

**1771**

**1781**

**1791**

**1793 5 14,000 5 14,000 100.00 0.00 0.00**

**1794**

**1795**

**1796 5 25,000 3 17,000 68.00 0.00 2 7,000 28.00**

**1799 5 43,000 4 26,000 60.46 0.00 1 1,000 2.32**

**SUBTOTAL**

**86 1,814,000 78 1,739,000 95.86 3 41,000 2.26 31 1,160,000 63.94**

**CATEGORY TOTAL**

**944 23,181,610 450 14,785,100 63.77 13 310,100 1.33 76 3,869,000
16.68**

**II. REFUSE SYSTEMS AND RELATED SERVICES**

**S205 7 1,695,000 3 1,581,000 93.27 1 1,564,000 92.27 3 1,581,000
93.27**

**CATEGORY TOTAL**

**7 1,695,000 3 1,581,000 93.27 1 1,564,000 92.27 3 1,581,000 93.27**

**III. ARCHITECTURAL AND ENGINEERING SERVICES (INCLUDING MAPPING AND
SURVEYING)**

**SIC 7389:**

**SIC 8711: OR SIC 8712: OR SIC 8713:**

**C111 127 2,909,000 51 921,000 31.66 0.00 48 881,000 30.28**

**C112**

**C113**

**C114**

**C115**

**C116**

**C117**

**C118**

**C119**

**C121**

**C122**

**C123**

**C124**

**C129**

**C130**

**C211**

**C212**

**C213**

**C214**

**C215**

**C216**

**C219**

**R404**

**CATEGORY TOTAL**

**127 2,909,000 51 921,000 31.66 0 0.00 48 881,000 30.28**

**GRAND TOTAL**

**1078 27,785,610 504 17,287,100 62.21 14 1,874,100 6.74 127 6,331,000
22.78**

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-67

**14 DEC 1999 REPORT ON SMALL BUSINESS PARTICIPATION UNDER THE**

**REPORT: D1 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM**

**FOR DESIGNATED INDUSTRY GROUPS**

**REGION 7 - PBS**

**TOTAL US BUSINESS SM BUSINESS SM DIS BUSINESS EMERG SM BUSINESS**

**ACTIONS DOLLARS ACTIONS DOLLARS PERCENT ACTIONS DOLLARS PERCENT
ACTIONS DOLLARS PERCENT**

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**I. CONSTRUCTION (EXCLUDING DREDGING)**

**SIC GROUP 15**

**1521**

**1522**

**1531**

**1541 15 97,000 4 18,000 18.55 0.00 4 18,000 18.55**

**1542 980 18,656,000 620 12,221,000 65.50 51 2,497,000 13.38 301
6,278,000 33.65**

**SUBTOTAL**

**995 18,753,000 624 12,239,000 65.26 51 2,497,000 13.31 305 6,296,000
33.57**

**SIC GROUP 16**

**1611 12 78,000 5 -1,000 -1.28 2 -1,000 -1.28 3 -1,000 -1.28**

**1622**

**1623**

**1629**

**SUBTOTAL**

**12 78,000 5 -1,000 -1.28 2 -1,000 -1.28 3 -1,000 -1.28**

**SIC GROUP 17**

**1711 37 3,783,000 21 1,987,000 52.52 3 1,272,000 33.62 6 1,264,000
33.41**

**1721 1 7,000 1 7,000 100.00 0.00 1 7,000 100.00**

**1731 60 1,827,000 30 817,000 44.71 5 641,000 35.08 17 257,000 14.06**

**1741 2 847,000 1 449,000 53.01 0.00 0.00**

**1742 9 115,000 7 112,000 97.39 0.00 0.00**

**1743**

**1751 1 51,000 1 51,000 100.00 0.00 0.00**

**1752 2 17,000 2 17,000 100.00 0.00 1 3,000 17.64**

**1761 24 2,637,000 17 2,323,000 88.09 1 0.00 7 636,000 24.11**

**1771 1 9,000 1 9,000 100.00 0.00 0.00**

**1781**

**1791**

**1793 4 274,000 3 272,000 99.27 0.00 2 30,000 10.94**

**1794 1 11,000 0.00 0.00 0.00**

**1795 1 37,000 0.00 0.00 0.00**

**1796 15 346,000 13 340,000 98.26 0.00 7 49,000 14.16**

**1799 13 116,001 13 116,001 100.00 2 78,000 67.24 5 85,000 73.27**

**SUBTOTAL**

**171 10,077,001 110 6,500,001 64.50 11 1,991,000 19.75 46 2,331,000
23.13**

**CATEGORY TOTAL**

**1178 28,908,001 739 18,738,001 64.81 64 4,487,000 15.52 354 8,626,000
29.83**

**II. REFUSE SYSTEMS AND RELATED SERVISES**

**S205 2 81,000 1 81,000 100.00 0.00 1 81,000 100.00**

**CATEGORY TOTAL**

**2 81,000 1 81,000 100.00 0 0.00 1 81,000 100.00**

**III. ARCHITECTURAL AND ENGINEERING SERVICES (INCLUDING MAPPING AND
SURVEYING)**

**SIC 7389:**

**SIC 8711: OR SIC 8712: OR SIC 8713:**

**C111 206 4,884,490 124 2,407,000 49.27 12 151,000 3.09 60 1,463,000
29.95**

**C112**

**C113**

**C114**

**C115**

**C116**

**C117**

**C118**

**C119**

**C121**

**C122 1 5,000 0.00 0.00 0.00**

**C123**

**C124**

**C129**

**C130**

**C211 8 833,000 6 698,000 83.79 4 43,000 5.16 4 294,000 35.29**

**C212**

**C213**

GSAM\
D-68 APD 2800.12B, Change 2, 3-10-2000

**C214 1 14,000 1 14,000 100.00 0.00 0.00**

**C215**

**C216**

**C219 3 42,000 2 31,000 73.80 0.00 1 18,000 42.85**

**R404**

**CATEGORY TOTAL**

**219 5,778,490 133 3,150,000 54.51 16 194,000 3.35 65 1,775,000 30.71**

**GRAND TOTAL**

**1399 34,767,491 873 21,969,001 63.18 80 4,681,000 13.46 420 10,482,000
30.14**

**14 DEC 1999 REPORT ON SMALL BUSINESS PARTICIPATION UNDER THE**

**REPORT: D1 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM**

**FOR DESIGNATED INDUSTRY GROUPS**

**REGION 8 - PBS**

**TOTAL US BUSINESS SM BUSINESS SM DIS BUSINESS EMERG SM BUSINESS**

**ACTIONS DOLLARS ACTIONS DOLLARS PERCENT ACTIONS DOLLARS PERCENT
ACTIONS DOLLARS PERCENT**

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**I. CONSTRUCTION (EXCLUDING DREDGING)**

**SIC GROUP 15**

**1521**

**1522**

**1531**

**1541**

**1542 102 6,526,000 101 6,522,000 99.93 20 4,317,000 66.15 22 1,379,000
21.13**

**SUBTOTAL**

**102 6,526,000 101 6,522,000 99.93 20 4,317,000 66.15 22 1,379,000
21.13**

**SIC GROUP 16**

**1611 2 11,000 1 9,000 81.81 0.00 1 9,000 81.81**

**1622**

**1623**

**1629 1 450,000 1 450,000 100.00 1 450,000 100.00 0.00**

**SUBTOTAL**

**3 461,000 2 459,000 99.56 1 450,000 97.61 1 9,000 1.95**

**SIC GROUP 17**

**1711 29 2,404,000 26 1,445,000 60.10 5 634,000 26.37 21 519,000
21.58**

**1721 3 66,000 3 66,000 100.00 0.00 3 66,000 100.00**

**1731 14 413,000 12 345,000 83.53 5 178,000 43.09 5 162,000 39.22**

**1741**

**1742 1 50,000 1 50,000 100.00 0.00 1 50,000 100.00**

**1743**

**1751 2 35,000 2 35,000 100.00 1 29,000 82.85 2 35,000 100.00**

**1752 1 17,000 1 17,000 100.00 0.00 1 17,000 100.00**

**1761 4 71,000 4 71,000 100.00 0.00 3 67,000 94.36**

**1771 2 22,000 2 22,000 100.00 0.00 2 22,000 100.00**

**1781 1 421,000 1 421,000 100.00 0.00 0.00**

**1791**

**1793**

**1794 3 22,000 3 22,000 100.00 3 22,000 100.00 1 9,000 40.90**

**1795 1 428,000 1 428,000 100.00 0.00 0.00**

**1796**

**1799 2 2,000 2 2,000 100.00 1 0.00 1 2,000 100.00**

**SUBTOTAL**

**63 3,951,000 58 2,924,000 74.00 15 863,000 21.84 40 949,000 24.01**

**CATEGORY TOTAL**

**168 10,938,000 161 9,905,000 90.55 36 5,630,000 51.47 63 2,337,000
21.36**

**II. REFUSE SYSTEMS AND RELATED SERVICES**

**S205 2 2,000 2 2,000 100.00 0.00 0.00**

**CATEGORY TOTAL**

**2 2,000 2 2,000 100.00 0 0.00 0 0.00**

**III. ARCHITECTURAL AND ENGINEERING SERVICES (INCLUDING MAPPING AND
SURVEYING)**

**SIC 7389:**

**SIC 8711: OR SIC 8712: OR SIC 8713:**

**C111 26 343,000 12 106,000 30.90 0.00 6 61,000 17.78**

**C112**

**C113**

**C114**

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-69

**C115**

**C116**

**C117**

**C118**

**C119**

**C121**

**C122**

**C123**

**C124**

**C129**

**C130**

**C211 1 15,000 1 15,000 100.00 0.00 1 15,000 100.00**

**C212**

**C213**

**C214 3 20,000 3 20,000 100.00 0.00 3 20,000 100.00**

**C215 1 74,000 1 74,000 100.00 0.00 0.00**

**C216**

**C219 32 911,000 32 911,000 100.00 0.00 0.00**

**R404**

**CATEGORY TOTAL**

**63 1,363,000 49 1,126,000 82.61 0 0.00 10 96,000 7.04**

**GRAND TOTAL**

**233 12,303,000 212 11,033,000 89.67 36 5,630,000 45.76 73 2,433,000
19.77**

**14 DEC 1999 REPORT ON SMALL BUSINESS PARTICIPATION UNDER THE**

**REPORT: D1 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM**

**FOR DESIGNATED INDUSTRY GROUPS**

**REGION 9 - PBS**

**TOTAL US BUSINESS SM BUSINESS SM DIS BUSINESS EMERG SM BUSINESS**

**ACTIONS DOLLARS ACTIONS DOLLARS PERCENT ACTIONS DOLLARS PERCENT
ACTIONS DOLLARS PERCENT**

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**I. CONSTRUCTION (EXCLUDING DREDGING)**

**SIC GROUP 15**

**1521**

**1522**

**1531**

**1541 5 37,000 5 37,000 100.00 0.00 5 37,000 100.00**

**1542 517 21,524,000 326 13,926,000 64.69 77 3,872,000 17.98 94
7,259,000 33.72**

**SUBTOTAL**

**522 21,561,000 331 13,963,000 64.76 77 3,872,000 17.95 99 7,296,000
33.83**

**SIC GROUP 16**

**1611 5 308,000 4 300,000 97.40 1 54,000 17.53 2 236,000 76.62**

**1622**

**1623**

**1629**

**SUBTOTAL**

**5 308,000 4 300,000 97.40 1 54,000 17.53 2 236,000 76.62**

**SIC GROUP 17**

**1711 37 339,000 36 319,000 94.10 24 245,000 72.27 24 245,000 72.27**

**1721 14 55,000 14 55,000 100.00 0.00 5 33,000 60.00**

**1731 74 1,668,000 72 1,660,000 99.52 59 1,589,000 95.26 57 1,596,000
95.68**

**1741**

**1742**

**1743 3 13,000 3 13,000 100.00 3 13,000 100.00 3 13,000 100.00**

**1751 5 18,000 5 18,000 100.00 0.00 2 6,000 33.33**

**1752 5 15,000 5 15,000 100.00 1 2,000 13.33 0.00**

**1761 2 814,000 2 814,000 100.00 1 812,000 99.75 2 814,000 100.00**

**1771 3 15,000 3 15,000 100.00 0.00 0.00**

**1781**

**1791**

**1793 3 12,000 3 12,000 100.00 0.00 0.00**

**1794 1 6,000 1 6,000 100.00 0.00 1 6,000 100.00**

**1795**

**1796 3 92,000 3 92,000 100.00 1 83,000 90.21 1 83,000 90.21**

**1799 12 397,000 12 397,000 100.00 4 288,000 72.54 3 14,000 3.52**

**SUBTOTAL**

**162 3,444,000 159 3,416,000 99.18 93 3,032,000 88.03 98 2,810,000
81.59**

**CATEGORY TOTAL**

**689 25,313,000 494 17,679,000 69.84 171 6,958,000 27.48 199 10,342,000
40.85**

GSAM\
D-70 APD 2800.12B, Change 2, 3-10-2000

**III. ARCHITECTURAL AND ENGINEERING SERVICES (INCLUDING MAPPING AND
SURVEYING)**

**SIC 7389:**

**SIC 8711: OR SIC 8712: OR SIC 8713:**

**C111 73 4,270,327 35 2,134,327 49.98 16 256,000 5.99 24 902,327
21.13**

**C112**

**C113**

**C114**

**C115**

**C116**

**C117**

**C118**

**C119**

**C121**

**C122 2 69,000 2 69,000 100.00 2 69,000 100.00 0.00**

**C123**

**C124 1 6,000 1 6,000 100.00 0.00 1 6,000 100.00**

**C129**

**C130**

**C211 7 331,000 7 331,000 100.00 7 331,000 100.00 7 331,000 100.00**

**C212**

**C213**

**C214**

**C215**

**C216**

**C219**

**R404**

**CATEGORY TOTAL**

**83 4,676,327 45 2,540,327 54.32 25 656,000 14.02 32 1,239,327 26.50**

**GRAND TOTAL**

**773 29,990,327 540 20,220,327 67.42 196 7,614,000 25.38 231 11,581,327
38.61**

**14 DEC 1999 REPORT ON SMALL BUSINESS PARTICIPATION UNDER THE**

**REPORT: D1 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM**

**FOR DESIGNATED INDUSTRY GROUPS**

**REGION 10 - PBS**

**TOTAL US BUSINESS SM BUSINESS SM DIS BUSINESS EMERG SM BUSINESS**

**ACTIONS DOLLARS ACTIONS DOLLARS PERCENT ACTIONS DOLLARS PERCENT
ACTIONS DOLLARS PERCENT**

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**I. CONSTRUCTION (EXCLUDING DREDGING)**

**SIC GROUP 15**

**1521**

**1522**

**1531**

**1541 5 98,000 5 98,000 100.00 0.00 0.00**

**1542 418 12,889,000 383 12,422,000 96.37 144 4,552,000 35.31 206
7,948,000 61.66**

**SUBTOTAL**

**423 12,987,000 388 12,520,000 96.40 144 4,552,000 35.05 206 7,948,000
61.19**

**SIC GROUP 16**

**1611**

**1622**

**1623 2 3,000 2 3,000 100.00 2 3,000 100.00 2 3,000 100.00**

**1629**

**SUBTOTAL**

**2 3,000 2 3,000 100.00 2 3,000 100.00 2 3,000 100.00**

**SIC GROUP 17**

**1711 26 202,000 22 145,000 71.78 4 25,000 12.37 10 52,000 25.74**

**1721 32 559,000 32 559,000 100.00 1 158,000 28.26 29 382,000 68.33**

**1731 65 1,546,000 59 1,120,000 72.44 25 715,000 46.24 28 182,000
11.77**

**1741 5 152,000 5 152,000 100.00 0.00 0.00**

**1742**

**1743**

**1751 1 10,000 1 10,000 100.00 0.00 1 10,000 100.00**

**1752 6 101,000 6 101,000 100.00 0.00 4 37,000 36.63**

**1761 5 338,000 4 335,000 99.11 0.00 2 10,000 2.95**

**1771 16 354,000 16 354,000 100.00 1 6,000 1.69 15 307,000 86.72**

**1781**

**1791**

**1793 6 34,000 6 34,000 100.00 0.00 5 27,000 79.41**

**1794 13 846,000 13 846,000 100.00 12 849,000 100.35 11 849,000
100.35**

**1795 1 2,290,000 1 2,290,000 100.00 0.00 0.00**

**1796 1 19,000 0.00 0.00 0.00**

**1799 28 1,794,000 25 1,755,000 97.82 1 3,000 0.16 10 143,000 7.97**

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-71

**SUBTOTAL**

**205 8,245,000 190 7,701,000 93.40 44 1,756,000 21.29 115 1,999,000
24.24**

**CATEGORY TOTAL**

**630 21,235,000 580 20,224,000 95.23 190 6,311,000 29.71 323 9,950,000
46.85**

**II. REFUSE SYSTEMS AND RELATED SERVICES**

**S205 1 2,000 0.00 0.00 0.00**

**CATEGORY TOTAL**

**1 2,000 0 0.00 0 0.00 0 0.00**

**III. ARCHITECTURAL AND ENGINEERING SERVICES (INCLUDING MAPPING AND
SURVEYING)**

**SIC 7389:**

**SIC 8711: OR SIC 8712: OR SIC 8713:**

**C111 144 9,960,000 126 3,217,000 32.29 7 46,000 0.46 9 347,000 3.48**

**C112**

**C113**

**C114**

**C115**

**C116**

**C117**

**C118**

**C119**

**C121**

**C122**

**C123**

**C124**

**C129**

**C130**

**C211 9 260,000 6 135,000 51.92 1 10,000 3.84 0.00**

**C212**

**C213**

**C214**

**C215**

**C216**

**C219**

**R404**

**CATEGORY TOTAL**

**153 10,220,000 132 3,352,000 32.79 8 56,000 0.54 9 347,000 3.39**

**GRAND TOTAL**

**784 31,457,000 712 23,576,000 74.94 198 6,367,000 20.24 332 10,297,000
32.73**

**14 DEC 1999 REPORT ON SMALL BUSINESS PARTICIPATION UNDER THE**

**REPORT: D1 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM**

**FOR DESIGNATED INDUSTRY GROUPS**

**NCR - PBS**

**TOTAL US BUSINESS SM BUSINESS SM DIS BUSINESS EMERG SM BUSINESS**

**ACTIONS DOLLARS ACTIONS DOLLARS PERCENT ACTIONS DOLLARS PERCENT
ACTIONS DOLLARS PERCENT**

**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

**I. CONSTRUCTION (EXCLUDING DREDGING)**

**SIC GROUP 15**

**1521**

**1522**

**1531**

**1541**

**1542 755 166,204,871 246 19,240,600 11.57 125 10,960,000 6.59 101
7,265,000 4.37**

**SUBTOTAL**

**755 166,204,871 246 19,240,600 11.57 125 10,960,000 6.59 101 7,265,000
4.37**

**SIC GROUP 16**

**1611**

**1622**

**1623**

**1629 1 3,000 1 3,000 100.00 1 3,000 100.00 1 3,000 100.00**

**SUBTOTAL**

**1 3,000 1 3,000 100.00 1 3,000 100.00 1 3,000 100.00**

**SIC GROUP 17**

**1711 41 17,467,000 30 338,000 1.93 4 74,000 0.42 18 137,000 0.78**

**1721 11 420,000 11 420,000 100.00 3 113,000 26.90 4 49,000 11.66**

**1731 51 3,394,000 45 3,325,000 97.96 9 2,614,000 77.01 20 197,000
5.80**

**1741**

**1742 5 408,620 5 408,620 100.00 1 6,000 1.46 3 2,000 0.48**

**1743**

GSAM\
D-72 APD 2800.12B, Change 2, 3-10-2000

**1751 12 180,000 12 180,000 100.00 5 125,000 69.44 9 148,000 82.22**

**1752**

**1761 3 233,000 3 233,000 100.00 0.00 2 7,000 3.00**

**1771 3 22,000 3 22,000 100.00 0.00 2 13,000 59.09**

**1781**

**1791**

**1793 1 37,000 1 37,000 100.00 0.00 0.00**

**1794 2 4,000 2 4,000 100.00 0.00 0.00**

**1795 2 119,000 2 119,000 100.00 2 119,000 100.00 2 119,000 100.00**

**1796 6 3,640,000 3 3,016,000 82.85 2 2,995,000 82.28 2 2,995,000
82.28**

**1799 70 1,744,126 68 1,575,126 90.31 36 713,826 40.92 38 643,000
36.86**

**SUBTOTAL**

**207 27,668,746 185 9,677,746 34.97 62 6,759,826 24.43 100 4,310,000
15.57**

**CATEGORY TOTAL**

**963 193,876,617 432 28,921,346 14.91 188 17,722,826 9.14 202
11,578,000 5.97**

**II. REFUSE SYSTEMS AND RELATED SERVICES**

**S205**

**III. ARCHITECTURAL AND ENGINEERING SERVICES (INCLUDING MAPPING AND
SURVEYING)**

**SIC 7389:**

**SIC 8711: OR SIC 8712: OR SIC 8713:**

**C111 16 399,000 14 373,000 93.48 1 69,000 17.29 8 58,000 14.53**

**C112**

**C113**

**C114**

**C115**

**C116**

**C117**

**C118**

**C119**

**C121**

**C122**

**C123**

**C124**

**C129**

**C130**

**C211 73 5,463,000 29 1,435,000 26.26 4 151,000 2.76 0.00**

**C212 3 41,000 3 41,000 100.00 0.00 0.00**

**C213**

**C214 1 7,000 1 7,000 100.00 0.00 0.00**

**C215**

**C216**

**C219 3 240,000 3 240,000 100.00 1 50,000 20.83 0.00**

**R404**

**CATEGORY TOTAL**

**96 6,150,000 50 2,096,000 34.08 6 270,000 4.39 8 58,000 0.94**

**GRAND TOTAL**

**1059 200,026,617 482 31,017,346 15.50 194 17,992,826 8.99 210
11,636,000 5.81**

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-73

**APPENDIX 519D\
SDB PRICE EVALUATION ADJUSTMENT DECISION CHARTS**

**Chart 1: Does the PEA Apply?**

GSAM\
D-74 APD 2800.12B, Change 2, 3-10-2000

**Chart 2: How Do I Apply the PEA When Evaluating Offers?**

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-75

**APPENDIX 519E\
EXAMPLES: APPLYING THE SDB PRICE EVALUATION ADJUSTMENT AND HUBZONE PRICE
EVALUATION PREFERENCE**

The evaluation of HUBZone small business and small disadvantaged
business concerns depends on the type of acquisition. The examples in
this Appendix illustrate some different scenarios.

For most acquisitions, the following guidelines apply:

\(a\) First evaluate all offers without considering the Price Evaluation
Preference (PEP), but considering the Price Evaluation Adjustment (PEA)
factors to determine the otherwise successful offer.

\(b\) Continue the evaluation using the PEP.

\(c\) You must always consider price reasonableness.

The examples involve the following firms:

**HD** = a HUBZone small disadvantaged business concern

**HS** = a HUBZone small business concern

**SD** = a small disadvantaged business concern

**SB** = a small business concern

**LB** = a large business concern

**Eval Price (1)** means the evaluated price before consideration of the
PEP (these examples assume that the only other consideration is the PEA)

**Eval Price (2)** means the evaluated price after consideration of the
PEP.

The otherwise or apparent successful offeror at each step is highlighted
in **BOLD**.

Assume that both the PEP and the PEA apply to the acquisition in each
example.

GSAM\
D-76 APD 2800.12B, Change 2, 3-10-2000

**Example 1.**

  -------------- ------------------- ------------------- -------------------
  **Business**   **Price offered**   **Eval Price (1)**  **Eval Price (2)**

  **HD**         110,000             110,000             **110,000**

  **SD**         105,000             105,000             115,500

  **SB**         100,000             110,000             120,000

  **LB**         **93,000**          **102,300**         111,600
  -------------- ------------------- ------------------- -------------------

[Explanation]{.underline}: In this example, a small business concern is
not the otherwise successful offeror after application of factors other
than the PEP. Therefore, you apply the PEP. As a result, the HUBZone SDB
is the apparent successful offeror.

**Example 2.**

  -------------- ------------------- ------------------- -------------------
  **Business**   **Price offered**   **Eval Price (1)**  **Eval Price (2)**

  **HD**         110,000             110,000             

  **HS**         101,000             111,100             

  **SD**         105,000             **105,000**         

  **SB**         **100,000**         110,000             

  **LB**         102,000             112,200             
  -------------- ------------------- ------------------- -------------------

[Explanation]{.underline}: In this example, the non-HUBZone small
disadvantaged business concern is the otherwise successful offeror, so
you do not apply the PEP to its offer. It is pointless to apply the PEP
to any of the offers at this point, since it will not change the outcome
of the competition.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-77

**Example 3.**

  -------------- ------------------- ------------------- -------------------
  **Business**   **Price offered**   **Eval Price (1)**  **Eval Price (2)**

  **HD**         111,000             111,000             111,000

  **HS**         100,000             110,000             **110,000**

  **SD**         105,000             105,000             115,000

  **SB**         104,000             114,400             124,800

  **LB**         **95,000**          **104,500**         114,000
  -------------- ------------------- ------------------- -------------------

[Explanation]{.underline}: Both the PEA and the PEP are applied,
resulting in the HUBZone being the apparently successful offeror.

**Example 4.**

  -------------- --------------- --------------- --------------- ---------------
  **Business**   **Price         **Eval Price    **Eval Price    **Eval Price\
                 offered**       (1)**           (2)**           (PEP only)**

  **HD**         119,900         119,900         **119,900**     119,900

  **LB1**        **100,000**     **110,000**     120,000         **110,000**

  **LB2**        101,000         111,100         121,200         111,100

  **LB3**        100,500         110,550         120,600         110,550

  **LB4**        100,600         110,660         120,720         110,660

  **LB5**        100,300         110,330         120,360         110,330
  -------------- --------------- --------------- --------------- ---------------

[Explanation]{.underline}: In this case (based on knowledge of the item
being acquired, market research, and Government records) you determined
that \$119,900 is not a reasonable price. Therefore, you re‑evaluated
the offers using only the PEP (which is statutory). FAR 19.1103(c)
provides that the contracting officer may not evaluate offers using the
PEA if it would cause award to be made at a price that exceeds fair
market value by more than 10%.

GSAM\
D-78 APD 2800.12B, Change 2, 3-10-2000

**Example 5**. For this example, assume negotiated trade-off procedures
are used and that technical and price are equal weight

  -------------- -------------- -------------- --------------- ---------------
  **Business**   **Price        **Eval Price   **Tech          **Eval Price
                 offered**      (1)**          evaluation**    (2)**

  **HD**         118,000        118,000        80              

  **SB**         102,000        112,200        **95**          

  **LB**         **101,000**    **111,100**    75              
  -------------- -------------- -------------- --------------- ---------------

[Explanation]{.underline}: In this case, the offer from the small
business concern is the otherwise successful offer (considering both
price and technical aspects). Therefore, you do not apply the PEP.

**NOTE: In each of the above cases where offers were received from
HUBZone small business, small disadvantaged business, and small business
concerns, the contracting officer may not have done adequate market
research. These acquisitions should have been set aside for small
business because two or more small business** **concerns could have
responded.**

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-79

**APPENDIX 523A\
AFFIRMATIVE PROCUREMENT PROGRAM FOR RECOVERED MATERIALS**

The GSA Affirmative Procurement Program for Recovered Materials is being
updated. The updated plan will be incorporated as soon as it is
available.

GSAM\
D-80 APD 2800.12B, Change 2, 3-10-2000

**SUBPART 532.11 ELECTRONIC FUNDS TRANSFER**

**\[Reserved\]**

**SUBPART 532.70 AUTHORIZING PAYMENT BY GOVERNMENTWIDE\
COMMERCIAL PURCHASE CARD**

**532.7001 Definition.**

\"Governmentwide commercial purchase card\" has the same meaning as in
FAR 13.101.

**532.7002 Solicitation requirements.**

\(a\) In solicitations for supplies and services, except FSS schedule
solicitations, request offerors to indicate if they will accept payment
by Governmentwide commercial purchase card. Identify the card brand(s)
under the GSA SmartPay program that may be used to make payments under
the contract, on the cover page or in Section L of the solicitation.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 E-13

\(b\) For FSS schedule contracts, identify the card brand(s) under the
GSA SmartPay program that may be used to make payments under the
contract in the contract award letter.

\(c\) For orders placed by GSA, you may authorize payment by
Governmentwide commercial purchase card only for orders that do not
exceed \$100,000 (see GSA Order, Guidance on Use of the Credit Card for
Purchases (CFO 4200.1)).

\(d\) Consider requesting offerors to designate different levels for
which they may accept payment by Governmentwide commercial purchase
card, for example:

\"If awarded a contract under this solicitation, the offeror agrees to
accept payment by Governmentwide commercial purchase card for orders of:

\_\_\_\_ \$2,500 or less \_\_\_\_ \$25,000 or less

\_\_\_\_ \$50,000 or less \_\_\_\_ \$100,000 or less\"

**532.7003 Contract clause.**

\(a\) [Indefinite-delivery, indefinite-quantity (IDIQ) contracts other
than Federal Supply Service]{.underline}. Insert the clause at
552.232-77, Payment By Governmentwide Commercial Purchase Card, in IDIQ
solicitations and contracts for supplies and services if the contract
will provide for payment by Governmentwide commercial purchase card as
an alternative method of payment for orders.

\(b\) [Federal Supply Service Contracts]{.underline}. Use Alternate I of
the clause at 552.232-77 for all FSS schedule solicitations and
contracts. You may use the clause in other FSS IDIQ contracts as
appropriate.

**SUBPART 532.71 PAYMENTS FOR RECURRING SERVICES**

**532.7101 Definitions.**

"Fixed roll payment" means automatic payment of fixed amounts at regular
intervals without submission of an invoice or receiving report.

**532.7102 Applicability.**

You may use fixed roll payments in any contract that meets all four of
the following conditions:

\(a\) The contract provides for recurring services at a constant level
for a period of at least two months.

\(b\) The contract does not contain any discount terms.

\(c\) Payment is due 30 days following completion of the service month.

GSAM\
E-14 APD 2800.12B, Change 2, 3-10-2000

"Deciding official" means the person chosen by the protester to decide
the agency protest; it may be either you or the Agency Protest Official
for GSA.

**533.102 General.**

\(a\) The Office of General Counsel (OGC) normally contacts anyone
outside of GSA involved in protests of GSA contract actions filed with
the Comptroller General or in a Federal Court.

\(b\) OGC, or GSA directives, may authorize other GSA officials to
contact those involved in protests of GSA contract actions.

**533.103 Protests to the agency.**

**533.103-70 Policy.**

\(a\) Use your best efforts to resolve concerns through frank and open
discussions, as required by FAR 33.103(b).

\(b\) If an agency protest is filed, the deciding official uses the
procedures in FAR 33.103 and this section to resolve the protest. The
deciding official will provide a fair and quick review of any protest
filed with the agency, when a protester contends that it has been
prejudiced by alleged violations of statute or regulation.

**533.103-71 Procedures.**

\(a\) The filing time frames in FAR 33.103(e) apply. An agency protest
is filed when the complete protest is received at the location the
solicitation designates for serving protests. GSA's hours of operation
are 8:00 a.m. to 4:30 p.m. Protests delivered after 4:30 p.m. will be
considered received and filed the following business day.

\(b\) An interested party filing an agency protest has the choice of
requesting either that you or the Agency Protest Official for GSA decide
the protest.

\(c\) If the protester requests that the Agency Protest Official for GSA
decide the protest, you must ensure that the Protest Official and
assigned legal counsel receive a copy of the materials served on you
within one business day after the filing date.

\(d\) In addition to the information required by FAR 33.103(d)(2), the
protest must meet all the following conditions:

\(1\) Indicate that it is a protest to the agency.

\(2\) Be filed in writing with you, the Contracting Officer.

\(3\) State whether the protester chooses to have you or the Agency
Protest Official for GSA decide the protest. If the protest is silent on
this matter, you will decide the protest.

GSAM

APD 2800.12B, 09-01-99 E-19

\(4\) Indicate whether the protester prefers to make an oral
presentation, a written presentation, or an oral presentation confirmed
in writing, of arguments in support of the protest to the deciding
official.

\(e\) The decision by the Agency Protest Official for GSA is an
alternative to a decision by you on a protest. The Agency Protest
Official for GSA will not consider appeals to your decision on an agency
protest.

\(f\) The deciding official must obtain legal review as required by GSA
Order, Legal Services (ADM 5000.4A).

\(g\) The deciding official must conduct a scheduling conference with
the protester within three (3) days after the protest is filed (see
533.103-71(a)). The scheduling conference will establish deadlines for
oral or written arguments in support of the agency protest and for
agency officials to present information in response to the protest
issues. The deciding official may hear oral arguments in support of the
agency protest at the same time as the scheduling conference, depending
on availability of the necessary parties.

\(h\) Oral conferences may take place either by telephone or in person.
Other parties (e.g., representatives of the program office) may attend
at the discretion of the deciding official.

\(i\) The following procedures apply to information submitted in support
of or in response to an agency protest:

\(1\) The protester and the agency have only one opportunity to support
or explain the substance of the protest (either orally, in writing, or
orally confirmed in writing).

\(2\) GSA procedures do not provide for any discovery.

\(3\) The deciding official has discretion to request additional
information from either the agency or the protester. However, the
deciding official will normally decide protests on the basis of
information provided by the protester and the agency.

\(4\) Except as provided in paragraph (5)(ii) below, the parties are
encouraged, but not required, to exchange information submitted to the
Agency Protest Official for GSA.

\(5\) If the agency makes a written response to the protest, the
following filing requirements apply:

\(i\) The agency must file its response to the protest with the deciding
official within five (5) days after the filing of the protest.

GSAM\
E-20 APD 2800.12B, Change 2, 3-10-2000

\(ii\) The agency must also provide the protester with a copy of the
response on the same day it files the response with the deciding
official. If the agency believes it needs to redact or withhold any
information in the response from the protester, it must obtain the
approval of the deciding official.

\(j\) Preferred practice in GSA is to resolve protests through informal
oral discussions.

GSAM (next page is E-21)\
APD 2800.12B, Change 2, 3-10-2000 E-20.1

**SUBCHAPTER F \--SPECIAL CATEGORIES OF CONTRACTING**

**PART 534 MAJOR SYSTEM ACQUISITION**

**RESERVED**

**PART 535 RESEARCH AND DEVELOPMENT CONTRACTING**

**RESERVED**

**PART 536 CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS**

**SUBPART 536.1 GENERAL**

**536.101 Applicability.**

If a requirement in this part is inconsistent with a requirement in
another GSAR part, this part takes precedence.

**536.102 Definitions.**

\"Construction activity\" means the organizational level of the agency
that has authority and responsibility for the architectural,
engineering, and other technical or administrative aspects of design and
construction.

\"Statutory cost limitations\" means the cost limits included in the
agency\'s statutory authorization or annual appropriations act (by law).

**SUBPART 536.2 SPECIAL ASPECTS OF CONTRACTING FOR CONSTRUCTION**

**536.201 Evaluation of contractor performance.**

\(a\) The construction activity must prepare the performance report
required by FAR 36.201(a).

GSAM\
APD 2800.12B, Change 2, 3-10-2000 F-1

\(b\) Each Regional construction activity must establish an evaluation
report file. The file may be either automated or manual. It must
implement procedures for all the following:

\(1\) Maintaining alphabetically the evaluation reports.

\(2\) Cross referencing all names under which a contractor does business
with GSA.

\(3\) Ensuring that fully qualified personnel with knowledge of the
contractor\'s performance prepare and review the evaluation reports.

**536.202 Specifications.**

Under the Resource Conservation and Recovery Act of 1976 (RCRA), 42
U.S.C. 6962, the Environmental Protection Agency issued rules in 40 CFR
Part 247 allowing the use of certain waste by-products as substitutes
for energy-intensive raw materials. These by-products are known as
recovered materials. EPA's rules state that agencies should use
construction products containing recovered materials to the maximum
extent feasible if technical specifications allow their alternative use.
RCRA does not require the use of products containing recovered materials
if they will not meet performance requirements or their use would be
unsatisfactory for technical reasons.

**536.203 Government estimate of construction cost.**

\(a\) A copy of the independent Government estimate must be submitted to
you before the date and time for bid opening or the date for receipt of
proposals. (See paragraphs (b) and (c).)

\(b\) Before releasing a solicitation amendment that may affect price, a
revised Government estimate must be provided.

\(c\) You may disclose cost figures in the Government estimate during
negotiation, but only to the extent considered necessary for arriving at
a fair and reasonable price. The overall amount of the Government
estimate cannot be disclosed before award. After award, you may reveal
the independent Government estimated price, upon request, to those firms
or individuals who submitted proposals.

\(d\) Use the Government estimate to evaluate offers, as a guide in
conducting contract negotiations or negotiations of contract
modifications, and as a tool for determining the reasonableness of
prices.

**536.204 Disclosure of the magnitude of construction projects.**

For construction projects over \$10,000,000, show the magnitude in
ranges having increments of \$10,000,000 (e.g., \$25,000,000 to
\$35,000,000). You may use a multiple of \$10,000,000 (e.g.,
\$70,000,000 to \$100,000,000), but the lower figure must be at least
half of the higher figure.

GSAM\
F-2 APD 2800.12B, 09-01-99

**536.570-9 Shop drawings, coordination drawings, and schedules.**

Insert the clause at 552.236-78, Shop Drawings, Coordination Drawings,
and Schedules, in solicitations and contracts if construction is
contemplated and the contract amount is expected to exceed the
simplified acquisition threshold.

**536.570-10 Samples.**

Insert the clause at 552.236-79, Samples, in solicitations and contracts
for construction if the technical sections of the contract require the
submission and approval of samples.

**536.570-11 Heat.**

Insert the clause at 552.236-80, Heat, in solicitations and contracts if
construction, dismantling, demolition, or removal of improvements is
contemplated.

**536.570-12 Use of equipment by the Government.**

Insert the clause at 552.236-81, Use of Equipment by the Government, in
contracts requiring heating and air-conditioning of existing buildings
if it may be necessary for the Government to operate all or part of the
equipment before final acceptance of the contract.

**536.570-13 Subcontracts.**

Insert 552.236-82, Subcontracts, in solicitations and contracts for
construction if the contract amount is expected to exceed the simplified
acquisition threshold.

**536.570-14 Requirement for a project labor agreement.**

Insert a clause substantially the same as 552.236-83, Requirement for a
Project Labor Agreement, in solicitations and contracts that will
require a project labor agreement.

**SUBPART 536.6 ARCHITECT-ENGINEER SERVICES**

**536.602 Selection of firms for architect-engineer contracts.**

**536.602-1 Selection criteria.**

\(a\) FAR 36.602-1 requires that agencies include \"location in the
general geographical area of the project and knowledge of locality of
the project\" as one of several selection criteria.

\(1\) Do not use this evaluation factor as a minimum qualification
requirement for determining whether a firm is eligible to compete for a
proposed project.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 F-9

\(2\) This factor must not exceed 5 percent of the total weight of all
evaluation criteria. In order to receive the maximum score for this
factor, the architect-engineer firm(s) must demonstrate that at least 35
percent of the architect-engineer contract services (based on the total
contract price) will be accomplished within the geographical boundaries
established for the project.

\(3\) Under an approved class deviation from FAR 36.602-1(a)(5), this
factor does not apply to projects that the Chief Architect of GSA
determines have national significance.

\(b\) The public announcement (Commerce Business Daily notice) for a
proposed project should identify the general geographical area of the
project by either:

\(1\) A radius in miles or other appropriate unit of measure.

\(2\) The Standard Metropolitan Statistical Area, county(ies), state(s)
surrounding the project, or other appropriate geographic boundaries.

\(c\) Architect-engineer selections under the Design Excellence Program
must apply the geographical evaluation criteria in the second phase.

\(d\) The public announcement (Commerce Business Daily notice) must
provide the number of calendar days the architect-engineer of record has
to establish a production capability within the general geographical
area of the project. You may allow the architect-engineer of record up
to 45 calendar days after contract award to establish this production
capability.

**536.602-2 Evaluation boards.**

\(a\) Architect-engineer evaluation board members must be experts in the
fields of architecture, engineering or related design professions, such
as landscape architecture, urban design and interior design, except as
provided in 536.602-2(c)(5). Board members must also collectively have
expertise in construction, government, and related acquisition matters.

\(b\) The majority of board members must be GSA employees. Other members
may include other Federal agency employees or members of the GSA
National Register of Peer Professionals who are private sector
practitioners of architecture, engineering or related design
professions.

\(c\) Evaluation boards must not exceed five (5) voting members. If
fewer, the board must have an odd number of voting members. The voting
members of the evaluation board shall include:

\(1\) One (1) highly qualified architect or a related design
professional employed by GSA.

\(2\) One (1) highly qualified engineer employed by GSA.

GSAM\
F-10 APD 2800.12B, Change 2, 3-10-2000

\(3\) One (1) representative of the Chief Architect of GSA.

\(4\) For new construction and prospectus level modernization projects,
one (1) private sector practitioner of architecture designated from the
GSA National Register of Peer Professionals. For other types of projects
this slot may be filled by another GSA design professional.

\(5\) One (1) representative of the client organization(s), at the
client\'s option. GSA\'s policy is to afford the client organization(s)
the opportunity to participate in the architect-engineer selection
process. Although not mandatory, GSA strongly recommends that this
voting member be a highly qualified design professional.

\(d\) A maximum of two (2) non-voting advisors may participate in all
activities of the evaluation board except voting. The client
organization(s) may have only one (1) non-voting advisor to the board.
The GSA may also have one non-voting advisor.

\(e\) Other than you and the individuals appointed under paragraphs (c)
and (d) above, there must be no other advisors, or participants in the
official activities of the board.

\(f\) The selection authority officially appoints the evaluation board
members. For new\
construction and prospectus level modernization projects, the selection
authority\
must obtain the concurrence of the Chief Architect of GSA on the
appointment of\
board members.

\(g\) Each board member (voting and non-voting) must sign a \"Conflict
of Interest Acknowledgement and Nondisclosure Agreement\" (Figure 515-1)
before the activities of the board commence. No person may serve as a
board member if that person or any member of that person\'s family has
any direct financial or employment interest in any of the firms being
evaluated. The board member is responsible for identifying any possible
conflict of interest once you identify the competing architect-engineer
firms. You determine whether to disqualify the member from the board.

**536.602-3 Evaluation board functions.**

\(a\) The evaluation board performs the functions described in FAR
36.602-3.

\(b\) Evaluation board members who are private sector design
professionals from the GSA National Register of Peer Professionals may
participate in all activities of the board, including deliberations and
voting. However, they must provide their individual and independent
evaluation of each competing architect-engineer firm to you.

\(c\) Evaluation boards recommend, in order of preference, the most
highly qualified architect-engineer firms for the specific project to
the selection authority.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 F-11

\(1\) Each board member is responsible individually for evaluating and
rating the qualifications of each firm being considered following the
established evaluation criteria.

\(2\) The Chairperson of the board must maintain the integrity of the
evaluation process and ensure that the final selection report is
prepared and submitted to the selection authority.

\(3\) The selection authority concurs with the recommendations from the
evaluation board which lists in order of preference the most highly
qualified firms. If the selection authority does not concur with the
recommendation from the evaluation board, the selection authority must
provide for the contract file a written explanation of the reason.

**PART 537 SERVICE CONTRACTING**

**SUBPART 537.1 SERVICE CONTRACTS \-- GENERAL**

**537.101 Definitions.**

\"Contracts for building services\" means contracts for services
relating to the operation and maintenance of a building (for example,
janitorial; window washing; snow removal; trash removal; lawn and
grounds care; inspection, maintenance and repair of fixed equipment
(e.g., elevators, air-conditioning, heating systems)) and protection or
guard service.

**537.106 Funding and term of service contracts.**

517.101 identifies GSA-specific statutory authority for multiyear
contracts for certain services.

**537.110 Solicitation provisions and contract clauses.**

**[Contracts for Building Services]{.underline}**

The following provision and clauses apply to contracts for building
services:

\(a\) Insert 552.237-70, Qualifications of Offerors, in solicitations if
the contract amount is expected to exceed the simplified acquisition
threshold.

\(b\) Insert 552.237-71, Qualifications of Employees, in solicitations
and contracts if the contract amount is expected to exceed the
simplified acquisition threshold. If needed, use supplemental provisions
or clauses to describe specific requirements for employees performing
work on the contract.

\(c\) Insert 552.237-72, Prohibition Regarding \"Quasi-Military Armed
Forces,\" in solicitations and contracts for guard service.

GSAM\
F-12 APD 2800.12B, Change 2, 3-10-2000

**SUBPART 537.2 ADVISORY AND ASSISTANCE SERVICES**

**537.201 Definitions.**

\"Evaluation or analysis of a proposal" means proposal evaluation as
described in FAR 15.305. It includes:

\(a\) Cost or price evaluation using cost or price analysis, as defined
in FAR 15.801, to determine if the cost or price is reasonable and the
offeror\'s understanding of the work and ability to perform the
contract.

\(b\) Past performance evaluation, to assess the offeror\'s ability to
perform the contract.

\(c\) Technical evaluation, to ensure that the proposal meets the
minimum requirements in the solicitation and to analyze and assess the
technical acceptability of the proposal and the offeror\'s ability to
accomplish the technical requirements of the solicitation.

The extraction of factual information from a proposal or arranging such
information in a list, matrix, or other format, without making any
related determinations, assessments, rankings or analyses, does not
constitute evaluation or analysis of a proposal within the meaning of
section 6002 of the Federal Acquisition Streamlining Act (FASA).

"Proposal" means a proposal submitted for an initial contract award.
(See FAR 37.203(d)). It does not include proposals submitted after
contract award, such as value engineering proposals, proposals related
to contract modifications, claims, or other contract administration
actions.

"Readily available" means that employees with the requisite training and
capability are employed by the agency, capable of handling additional
work considering other duties assigned by management, and the travel and
other cost associated with using covered personnel does not exceed the
projected cost of a contract for evaluation and analysis services.

"Requisite training and capability" means training and capability
necessary to successfully perform the task or contract at issue in the
time and in the manner required. It may include relevant experience,
recent performance of work of similar size and scope, specific training
and other factors the contracting officer determines are necessary to
the successful performance of the task or contract at issue.

**537.204 Guidelines for determining availability of personnel.**

\(a\) [Authority]{.underline}. You are authorized to make the
determinations required by FAR 37.204 unless the HCA designates another
agency official.

\(b\) [Policy]{.underline}. You, or the HCA's designee, must make the
determination whether GSA personnel with the requisite training and
capabilities are readily available to perform the evaluation or analysis
before issuing a solicitation which includes evaluation and analysis
services (see FAR 37.205).

GSAM (next page is F-13)\
APD 2800.12B, Change 2, 3-10-2000 F-12.1

**SUBPART 542.12 NOVATION AND CHANGE-OF-NAME AGREEMENTS**

**542.1203 Processing agreements.**

For any contract awarded under a small business set-aside, if the
proposed successor is a large business:

\(a\) Notify and solicit comments from the SBTA (see FAR 42.1203(b) and
(c)).

\(b\) If you believe that the transaction is intended to circumvent the
requirements and objectives of the small business program, do not
recognize the proposed successor.

\(c\) If a MAS contract is involved and other MAS small business
contracts exist for the same special item number(s), do not recognize
the proposed successor.

\(d\) If a MAS contract is involved and the contract has both set-aside
and non-set-aside special item numbers, cancel the set-aside items, and
process the novation request for the non-set-aside items.

**SUBPART 542.15 CONTRACTOR PERFORMANCE INFORMATION**

**542.1503 Procedures.**

\(a\) The contracting director reviews and considers any disagreement
between GSA and the contractor regarding GSA's evaluation of the
contractor. Based on the review, the contracting directors issues the
ultimate conclusion on the performance evaluation.

\(b\) Promptly provide a copy of the contracting director\'s ultimate
conclusion to the contractor.

\(c\) When responding to another department or agency request for past
performance information, include a copy of any related contractor
comments and contracting director\'s ultimate conclusion.

**542.1503-70 Responsibilities.**

\(a\) [Senior Procurement Executive]{.underline}. The Senior Procurement
Executive evaluates each Service's system for collecting and applying
contract performance information to ensure compliance with the FAR and
GSAM.

\(b\) [Heads of Services]{.underline}. Consistent with FAR 42.1500 and
this subpart, the Head of each Service must take all the following
actions:

GSAM\
APD 2800.12B, Change 2, 3-10-2000 G-5

\(1\) Establish mechanisms for systematically collecting and maintaining
positive and negative information on contractor performance.

\(2\) Identify pertinent performance data elements for collection.

\(3\) Ensure that contractor performance information is readily
available to contracting officials and other individuals with
procurement-related responsibilities.

\(4\) Clearly identify the officials responsible for collecting,
disseminating, and applying this information in the acquisition process.

\(c\) [Contracting officers]{.underline}. Follow the procedures in FAR
42.15, this subpart, and those established by the Head of the Service.
Systematically collect and appropriately use contractor performance
information.

**542.1503-71 Information to collect.**

The system for collecting contractor performance data should include, as
appropriate:

\(a\) Timeliness of delivery or performance, for example:

\(1\) Adherence to contract delivery schedules.

\(2\) Resolution of delays.

\(3\) Number of "show cause" letters and "cure notices" issued.

\(4\) Number of delinquent deliveries.

\(5\) Number of contract extensions resulting from contractor-caused
delays.

\(6\) Timely submission or performance or required tests.

\(b\) Conformance of product or service to contract requirements, for
example:

\(1\) Quality of workmanship.

\(2\) Reliability.

\(3\) Adequacy of correction of defects.

\(4\) Number of safety defects.

\(5\) Number of product rejections.

GSAM\
G-6 APD 2800.12B, Change 2, 3-10-2000

\(3\) [Other than commercial items in Class 8030 or 8040]{.underline}.
Use the clause at 552.246-17 with its Alternate III. In addition,
specify in the solicitation whether the items are \"noncritical end use
items \" or \"critical end use items\".

\(b\) [Multiple award schedules]{.underline}. Insert the clause at
552.246-73, Warranty - Multiple Award Schedule, in solicitations and
contracts.

\(c\) [Construction contracts expected to exceed the simplified
acquisition threshold]{.underline}. Insert the clause at 552.246-75,
Guarantees, in solicitations and contracts.

\(d\) [Pesticides]{.underline}. Insert the clause at 552.246-76,
Warranty of Pesticides, in solicitations and contracts involving the
procurement of pesticides.

**PART 547 TRANSPORTATION**

**SUBPART 547.3 TRANSPORTATION IN SUPPLY CONTRACTS**

**547.300 Scope of subpart.**

This subpart applies to FSS acquisitions.

**547.303 Standard delivery terms and contract clauses.**

**547.303-1 F.o.b origin.**

[Contractor Responsibilities]{.underline}

The contractor must both:

\(a\) Request a carrier routing from the applicable transportation zone
office on all shipments weighing 10,000 pounds or more.

\(b\) Mail the original of the commercial bill of lading (CBL), to the
office that authorized the CBL (applies to shipment on a CBL). Ensure
that the signature of the carrier's agent and the annotation required by
FAR 52.247-1 appear on the original and all copies of the CBL.

**547.304 Determination of delivery terms.**

**547.304-5 Exceptions.**

\(a\) [Solicitations that provide for delivery to Alaska, Hawaii, or
Puerto Rico]{.underline}. Include notice that the offeror may specify
delivery f.o.b. origin; f.o.b. vessel, part of shipment; f.o.b.
destination; or any combination of these. If appropriate, provide for
other delivery terms.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 G-15

\(b\) [Federal Supply Schedules]{.underline}. If f.o.b. destination is
offered for delivery within CONUS, attempt to obtain the same delivery
term for shipment to Alaska , Hawaii, or Puerto Rico.

**547.305 Solicitation provisions, contract clauses, and transportation
factors.**

\(a\) Insert 552.247-70, Placarding Railcar Shipments, in solicitations
and contracts if it is essential that the railcar doors be specially
positioned next to the unloading dock, platform, or warehouse door.

\(b\) Insert 552.247-71, Diversion of Shipment Under f.o.b. Destination
Contracts, in Stock, Special Order Program (SOP), and Single Award
Schedule solicitations and contracts which provide for f.o.b.
destination shipment.

**547.370 Restrictions on transportation to military installations.**

If the solicitation and contract provides for direct delivery to a
military installation, include applicable delivery restrictions.

**PART 548 VALUE ENGINEERING**

**548.1 POLICIES AND PROCEDURES**

**548.101 General.**

GSA Order, GSA Value Engineering Program (ADM 8030.1C) provides guidance
on using value engineering.

**PART 549 TERMINATION OF CONTRACTS**

**SUBPART 549.1 GENERAL PRINCIPLES**

**549.111 Review of proposed settlements.**

The HCA may establish procedures for the review and approval of
settlement agreements at a level above the contracting officer.

**SUBPART 549.4 TERMINATION FOR DEFAULT**

**549.402-6 Repurchase against contractor\'s account.**

\(a\) Place a brief explanation for the repurchase in the contract file.

\(b\) If practical, use the original contract terms, conditions, and
specification for the repurchase. Otherwise, obtain the advice of
assigned legal counsel before issuing a solicitation for similar
supplies or services.

GSAM\
G-16 APD 2800.12B, 09-01-99

552.232-77 Payment By Governmentwide Commercial Purchase Card.\
552.233-70 Protests Filed Directly with the General Services
Administration.\
552.236-70 Definitions.\
552.236-71 Authorities and Limitations.\
552.236-72 Specialist.\
552.236-73 Basis of Award---Construction Contract.\
552.236-74 Working Hours.\
552.236-75 Use of Premises.\
552.236-76 Measurements.\
552.236-77 Specifications and Drawings.\
552.236-78 Shop Drawings, Coordination Drawings, and Schedules.\
552.236-79 Samples.\
552.236-80 Heat.\
552.236-81 Use of Equipment by the Government.\
552.236-82 Subcontracts.\
552.236-83 Requirement for a Project Labor Agreement.\
552.237-70 Qualifications of Offerors.\
552.237-71 Qualifications of Employees.\
552.237-72 Prohibition Regarding \"Quasi-Military Armed Forces.\"\
552.237-73 Restriction on Disclosure of Information.\
552.238-70 Identification of Electronic Office Equipment Providing
Accessibility for\
the Handicapped.\
552.238-71 Submission and Distribution of Authorized FSS Schedule
Pricelists.\
552.238-72 Identification of Energy-Efficient Office Equipment and
Supplies\
Containing Recovered Materials or Other Environmental Attributes.\
552.238-73 Cancellation.\
552.238-74 Contractor\'s Report of Sales.\
552.238-75 Price Reductions.\
552.238-76 Industrial Funding Fee.\
552.242-70 Status Report of Orders and Shipments.\
552.243-70 Pricing of Adjustments.\
552.243-71 Equitable Adjustments.\
552.243-72 Modifications (Multiple Award Schedule).\
552.246-17 Warranty of Supplies of a Noncomplex Nature.\
552.246-70 Source Inspection by Quality Approved Manufacturer.\
552.246-71 Source Inspection by Government.\
552.246-72 Final Inspection and Tests.\
552.246-73 Warranty - Multiple Award Schedule.\
552.246-74 Reserved\
552.246-75 Guarantees.\
552.246-76 Warranty of Pesticides.\
552.247-70 Placarding Railcar Shipments.\
552.247-71 Diversion of Shipment Under f.o.b. Destination Contracts.\
. 552.249-70 Termination for Convenience of the Government (Fixed Price)
(Short\
Form).

GSAM\
APD 2800.12B, Change 2, 3-10-2000 iii

552.249-71 Submission of Termination Liability Schedule.\
552.252-5 Authorized Deviations in Provisions.\
552.252-6 Authorized Deviations in Clauses.\
552.270-1 Instructions to Offerors - Acquisition of Leasehold Interest
in Real\
Property.\
552.270-2 Historic Preference.\
552.270-3 Parties to Execute Lease.\
552.270-4 Definitions.\
552.270-5 Subletting and Assignment.\
552.270-6 Maintenance of Building and Premises - Right of Entry.\
552.270-7 Fire and Casualty Damage.\
552.270-8 Compliance with Applicable Law.\
552.270-9 Inspection - Right of Entry.\
552.270-10 Failure in Performance.\
552.270-11 Successors Bound.\
552.270-12 Alterations.\
552.270-13 Proposals for Adjustment.\
552.270-14 Changes.\
552.270-15 Liquidated Damages.\
552.270-16 Adjustment for Vacant Premises.\
552.270-17 Delivery and Condition.\
552.270-18 Default in Delivery - Time Extensions.\
552.270-19 Progressive Occupancy.\
552.270-20 Payment.\
552.270-21 Effect of Acceptance and Occupancy.\
552.270-22 Default by Lessor During the Term.\
552.270-23 Subordination, Nondisturbance and Attornment.\
552.270-24 Statement of Lease.\
552.270-25 Substitution of Tenant Agency.\
552.270-26 No Waiver.\
552.270-27 Integrated Agreement.\
552.270-28 Mutuality of Obligation.\
552.270-29 Acceptance of Space.

**552.3 Provision and Clause Matrixes**

552.300 Scope of subpart.

**PART 553 FORMS**

**553.1 General**

553.101 Requirements for use of forms.\
553.102 Current editions.\
553.170 Establishing and revising GSA forms.

GSAM\
iv APD 2800.12B, 09-01-99

\(2\) The interest penalty shall be at the rate established by the
Secretary of the Treasury under Section 12 of the Contract Disputes Act
of 1978 (41 U.S.C. 611) that is in effect on the day after the due date.
This rate is referred to as the \"Renegotiation Board Interest Rate,\"
and it is published in the [Federal]{.underline} [Register]{.underline}
semiannually on or about January 1 and July 1. The interest penalty
shall accrue daily on the payment amount approved by the Government and
be compounded in 30-day increments inclusive from the first day after
the due date through the payment date.

\(3\) Interest penalties will not continue to accrue after the filing of
a claim for such penalties under the clause at 52.233-1, Disputes, or
for more than 1 year. Interest penalties of less than \$1.00 need not be
paid.

\(4\) Interest penalties are not required on payment delays due to
disagreement between the Government and Contractor over the payment
amount or other issues involving contract compliance or on amounts
temporarily withheld or retained in accordance with the terms of the
contract. Claims involving disputes, and any interest that may be
payable, will be resolved in accordance with the clause at 52.233-1,
Disputes.

(End of clause)

[Alternate I (SEP 1999)]{.underline}. If Alternate I is used,
subparagraph (a)(1) of the basic clause should be designated as
paragraph (a) and subparagraph (a)(2) and paragraph (b) should be
deleted. Paragraph (c) of the basic clause should be redesignated (b).

**552.232-76 Electronic Funds Transfer Payment.**

As prescribed in 532.908(b)(2), insert the following clause:

ELECTRONIC FUNDS TRANSFER PAYMENT (MAR 2000)

\(a\) The Government will make payments under this lease by electronic
funds transfer (EFT). The Lessor must, no later than 30 days before the
first payment:

\(1\) Designate a financial institution for receipt of EFT payments.

\(2\) Submit this designation to the Contracting Officer or other
Government official, as directed.

\(b\) The Lessor must provide the following information:

\(1\) The American Bankers Association 9-digit identifying number for
Automated Clearing House (ACH) transfers of the financing institution
receiving payment if the institution has access to the Federal Reserve
Communications System.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 H-59

\(2\) Number of account to which funds are to be deposited.

\(3\) Type of depositor account (\"C\" for checking, \"S\" for savings).

\(4\) If the Lessor is a new enrollee to the EFT system, the Lessor must
complete and submit a \"Payment Information Form,\" SF 3881, before
payment can be processed.

\(c\) If the Lessor, during the performance of this contract, elects to
designate a different financial institution for the receipt of any
payment, the appropriate Government official must receive notice of such
change and the required information specified above no later than 30
days before the date such change is to become effective.

\(d\) The documents furnishing the information required in this clause
must be dated and contain the:

\(1\) Signature, title, and telephone number of the Lessor or the
Lessor's authorized representative.

\(2\) Lessor\'s name.

\(3\) Lease number.

\(e\) Lessor's failure to properly designate a financial institution or
to provide appropriate payee bank account information may delay payments
of amounts otherwise properly due.

(End of clause)

**552.232-77 Payment By Governmentwide Commercial Purchase Card.**

As prescribed in 532.7003, insert the following clause:

PAYMENT BY GOVERNMENTWIDE COMMERCIAL PURCHASE CARD (MAR 2000)

\(a\) Definitions. \"Governmentwide commercial purchase card\" means a
uniquely numbered credit card issued by a contractor under GSA\'s
Governmentwide Contract for Fleet, Travel, and Purchase Card Services to
named individual Government employees or entities to pay for official
Government purchases.

\"Oral order\" means an order placed orally either in person or by
telephone.

\(b\) At the option of the Government and if agreeable to the
Contractor, payments of \_\_\_[\*]{.underline}\_\_\_ or less for oral or
written orders may be made using the Governmentwide commercial purchase
card.

GSAM\
H-60 APD 2800.12B, Change 2, 3-10-2000

\(c\) The Contractor shall not process a transaction for payment through
the credit card clearinghouse until the purchased supplies have been
shipped or services performed. Unless the cardholder requests correction
or replacement of a defective or faulty item under other contract
requirements, the Contractor must immediately credit a cardholder\'s
account for items returned as defective or faulty.

\(d\) Payments made using the Governmentwide commercial purchase card
are not eligible for any negotiated prompt payment discount. Payment
made using a Government debit card will receive the applicable prompt
payment discount.

(End of clause)

*\* Enter amount not to exceed \$100,000.*

[Alternate I (DEC 1999)]{.underline}. For FSS schedule solicitations and
contracts, replace paragraph (b) of the basic clause and add paragraph
(c) as follows. Redesignate paragraphs (c) and (d) of the basic clause
as (d) and (e) respectively.

\(b\) The Contractor must accept the Governmentwide commercial purchase
card for payments equal to or less than the micro-purchase threshold
(see Federal Acquisition Regulation 2.101) for oral or written orders
under this contract.

\(c\) The Contractor and the ordering agency may agree to use the
Governmentwide commercial purchase card for dollar amounts over the
micro-purchase threshold, and the Government encourages the Contractor
to accept payment by the purchase card. The dollar value of a purchase
card action must not exceed the ordering agency\'s established limit. If
the Contractor will not accept payment by the purchase card for an order
exceeding the micro-purchase threshold, the Contractor must so advise
the ordering agency within 24 hours of receipt of the order.

**552.233-70 Protests Filed Directly with the General Services
Administration.**

As prescribed in 533.103-72, insert the following provision:

PROTESTS FILED DIRECTLY WITH THE GENERAL SERVICES ADMINISTRATION\
(MAR 2000)

\(a\) The following definitions apply in this provision:

"Agency Protest Official for GSA" means the official in the Office of
Acquisition Policy designated to review and decide procurement protests
filed with GSA.

"Deciding official" means the person chosen by the protester to decide
the agency protest. The deciding official may be either the Contracting
Officer or the Agency Protest Official.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 H-61

\(b\) The filing time frames in FAR 33.103(e) apply. An agency protest
is filed when the protest complaint is received at the location the
solicitation designates for serving protests. GSA's hours of operation
are 8:00 a.m. to 4:30 p.m. Protests delivered after 4:30 p.m. will be
considered received and filed the following business day.

\(c\) A protest filed directly with the General Services Administration
(GSA) must:

\(1\) Indicate that it is a protest to the agency.

\(2\) Be filed with the Contracting Officer.

\(3\) State whether the protester chooses to have the Contracting
Officer or the Agency Protest Official for GSA decide the protest. If
the protest is silent on this matter, the Contracting Officer will
decide the protest.

\(4\) Indicate whether the protester prefers to make an oral
presentation, a written presentation, or an oral presentation confirmed
in writing, of arguments in support of the protest to the deciding
official.

\(5\) Include the information required by FAR 33.103(d)(2):

\(i\) Name, address, fax number, and telephone number of the protester.

\(ii\) Solicitation or contract number.

\(iii\) Detailed statement of the legal and factual grounds for the
protest, to include a description of resulting prejudice to the
protester.

\(iv\) Copies of relevant documents.

\(v\) Request for a ruling by the agency.

\(vi\) Statement as to the form of relief requested.

\(vii\) All information establishing that the protester is an interested
party for the purpose of filing a protest.

\(viii\) All information establishing the timeliness of the protest (see
paragraph (b) of this provision).

\(d\) An interested party filing a protest with GSA has the choice of
requesting either that the Contracting Officer or the Agency Protest
Official for GSA decide the protest.

GSAM\
H-62 APD 2800.12B, Change 2, 3-10-2000

\(e\) The decision by the Agency Protest Official for GSA is an
alternative to a decision by the Contracting Officer. The Agency Protest
Official for GSA will not consider appeals from the Contracting
Officer's decision on an agency protest.

\(f\) The deciding official must conduct a scheduling conference with
the protester within three (3) days after the protest is filed. The
scheduling conference will establish deadlines for oral or written
arguments in support of the agency protest and for agency officials to
present information in response to the protest issues. The deciding
official may hear oral arguments in support of the agency protest at the
same time as the scheduling conference, depending on availability of the
necessary parties.

\(g\) Oral conferences may take place either by telephone or in person.
Other parties (e.g., representatives of the program office) may attend
at the discretion of the deciding official.

\(h\) The following procedures apply to information submitted in support
of or in response to an agency protest:

\(1\) The protester and the agency have only one opportunity to support
or explain the substance of the protest (either orally, in writing, or
orally confirmed in writing).

\(2\) GSA procedures do not provide for any discovery.

\(3\) The deciding official has discretion to request additional
information from either the agency or the protester. However, the
deciding official will normally decide protests on the basis of
information provided by the protester and the agency.

\(4\) Except as provided in paragraph (5)(ii) below, the parties are
encouraged, but not required, to exchange information submitted to the
Agency Protest Official for GSA.

\(5\) If the agency makes a written response to the protest, the
following filing requirements apply:

\(i\) The agency must file its response to the protest with the deciding
official within five (5) days after the filing of the protest.

\(ii\) The agency must also provide the protester with a copy of the
response on the same day it files the response with the deciding
official. If the agency believes it needs to redact or withhold any
information in the response from the protester, it must obtain the
approval of the deciding official.

\(i\) The deciding official will resolve the protest through informal
presentations or meetings to the maximum extent practicable.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 H-63

\(j\) An interested party may represent itself or be represented by
legal counsel. GSA will not reimburse the party for any legal fees
related to the agency protest.

\(k\) GSA will stay award or suspend contract performance in accordance
with FAR 33.103(f). The stay or suspension, unless over-ridden, remains
in effect until the protest is decided, dismissed, or withdrawn.

\(l\) The deciding official will make a best effort to issue a decision
on the protest within twenty-eight (28) days after the filing date. The
decision may be oral or written. If the decision is communicated orally
to the protester, the deciding official will confirm in writing within
three (3) days after the decision.

\(m\) GSA may dismiss or stay proceedings on an agency protest if a
protest on the same or similar basis is filed with a protest forum
outside of GSA.

(End of provision)

**552.236-70 Definitions.**

As prescribed in 536.570-1, insert the following clause:

DEFINITIONS (APR 1984)

The terms \"Administration\" and \"Service\" as used in this contract
shall mean the General Services Administration (GSA) and the Public
Buildings Service (PBS), respectively.

(End of clause)

**552.236-71 Authorities and Limitations.**

As prescribed in 536.570-2, insert the following clause:

AUTHORITIES AND LIMITATIONS (APR 1984)

\(a\) All work shall be performed under the general direction of the
Contracting Officer, who alone shall have the power to bind the
Government and to exercise the rights, responsibilities, authorities and
functions vested in him by the contract documents, except that he shall
have the right to designate authorized representatives to act for him.
Wherever any provision in this contract specifies an individual (such
as, but not limited to, Construction Engineer, Resident Engineer,
Inspector or Custodian) or organization, whether Governmental or
private, to perform any act on behalf of or in the interests of the
Government, that individual or organization shall be deemed to be the
Contracting Officer\'s authorized representative under this contract but
only to the extent so specified. The

GSAM\
H-64 APD 2800.12B, Change 2, 3-10-2000

Contracting Officer may, at any time during the performance of this
contract, vest in any such authorized representatives additional power
and authority to act for him or designate additional representatives,
specifying the extent of their authority to act for him; a copy of each
document vesting additional authority in an authorized representative or
designating an additional authorized representative shall be furnished
to the Contractor.

\(b\) The Contractor shall perform the contract in accordance with any
order (including but not limited to instruction, direction,
interpretation, or determination) issued by an authorized representative
in accordance with his authority to act for the Contracting Officer; but
the Contractor assumes all the risk and consequences of performing the
contract in accordance with any order (including but not limited to
instruction, direction, interpretation, or determination) of anyone not
authorized to issue such order.

(End of clause)

GSAM (next page is H-65)\
APD 2800.12B, Change 2, 3-10-2000 H-64.1

\(f\) [Responsibility for rejected supplies]{.underline}. When the
Contractor fails to remove or provide instructions for the removal of
rejected supplies under FAR 52.246-2(h) pursuant to the Contracting
Officer\'s instructions, the Contractor shall be liable for all costs
incurred by the Government in taking such measures as are expedient to
avoid unnecessary loss to the Contractor. In addition to the remedies
provided in FAR 52.246-2, supplies may be---

\(1\) Stored for the Contractor\'s account;

\(2\) Reshipped to the Contractor at its expense (any additional expense
incurred by the Government or the freight carrier caused by the refusal
of the Contractor to accept their return also shall be for the
Contractor\'s account); or

\(3\) Sold to the highest bidder on the open market and the proceeds
applied against the accumulated storage and other costs, including the
cost of the sale.

(End of clause)

\* *The rates to be inserted are established by the Commissioner of the
Federal Supply Service or a designee*.

**552.246-72 Final Inspection and Tests.**

As prescribed in 546.312, insert the following clause:

FINAL INSPECTION AND TESTS (SEP 1999)

The Contractor shall give written notice to the Contracting Officer at
least 10 calendar days before the date the work will be completed and
ready for final inspection and tests. Final inspection and tests will
begin within 10 calendar days after the date specified in the
Contractor\'s notice unless the Contracting Officer determines that the
work is not ready for final inspection and so informs the Contractor.

(End of clause)

**552.246-73 Warranty - Multiple Award Schedule.**

As prescribed in 546.710(b), insert the following clause:

WARRANTY - MULTIPLE AWARD SCHEDULE (MAR 2000)

\(a\) [Applicable to domestic locations]{.underline}. Unless specified
otherwise in this contract, the Contractor\'s standard commercial
warranty as stated in the Contractor\'s commercial price list applies to
this contract.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 H-99

\(b\) [Applicable to overseas destinations]{.underline}. Unless
specified otherwise in this contract, the Contractor\'s standard
commercial warranty as stated in the commercial price list applies to
this contract, except as follows:

\(1\) The Contractor must provide, at a minimum, a warranty on all
non-consumable parts for a period of 90 days from the date that the
Government accepts the product.

\(2\) The Contractor must supply parts and labor required under the
warranty provisions free of charge.

\(3\) The Contractor must bear the transportation costs of returning the
products to and from the repair facility, or the costs involved with
Contractor personnel traveling to the Government facility for the
purpose of repairing the product onsite, during the 90-day warranty
period.

(End of clause)

**552.246-74 Reserved**

**552.246-75 Guarantees.**

As prescribed in 546.710(c), insert the following clause:

GUARANTEES (MAY 1989)

\(a\) Unless otherwise provided in the specifications, the Contractor
guarantees all work to be in accordance with contract requirements and
free from defective or inferior materials, equipment, and workmanship
for 1 year after the date of final acceptance or the date the equipment
or work was placed in use by the Government, whichever occurs first.

\(b\) (1) If, within any guarantee period, the Contracting Officer finds
that guaranteed work requires repair or change because of defective or
inferior materials, equipment, or workmanship or is not in accordance
with contract requirements, the Contracting Officer shall notify the
Contractor in writing. The Contractor shall promptly, and without
additional expense to the Government, correct:

\(i\) All guaranteed work;

\(ii\) All damage to equipment, the site, the building or its contents
resulting from the unsatisfactory guaranteed work; and

\(iii\) Any work, materials, and equipment that are disturbed in
fulfilling the guarantee, including any disturbed work, materials, and
equipment that may have been guaranteed under another contract.

GSAM\
H-100 APD 2800.12B, Change 2, 3-10-2000

\(2\) If the Contractor fails to proceed promptly in accordance with the
guarantee, the Government may have such work performed at the expense of
the Contractor.

\(c\) Any special guarantees that may be required under the contract
will be subject to paragraphs (a) and (b), insofar as they do not
conflict with special guarantees.

\(d\) The Contractor shall furnish to the Government: (1) Each
transferable guarantee or warranty of equipment, materials, or
installation furnished by any manufacturer, supplier, or installer in
the ordinary course of business; (2) All information required to make
such guarantee or warranty legally binding and effective; and (3) The
information and the guarantee or warranty in sufficient time to permit
the Government to meet any time limit specified in the guarantee or
warranty or, if no time limit is specified, prior to completion and
acceptance of all work under this contract.

(End of clause)

**552.246-76 Warranty of Pesticides.**

As prescribed in 546.710(d), insert the following clause:

WARRANTY OF PESTICIDES (MAY 1989)

\(a\) Notwithstanding acceptance of pesticides by the Government, the
Contractor warrants that for 1 year after the date of shipment, all
pesticides furnished under this contract shall meet the requirements of
Pub. L. 92-516, as amended, and shall be registered with the
Environmental Protection Agency (EPA).

\(b\) If EPA takes action to stop sale, stop use, remove, seize, or
cancel registration of a pesticide within 1 year after date of shipment,
the Contractor shall immediately notify the Contracting Officer. The
notification will include: (1) contract number; (2) identification of
the pesticide; (3) reason for the EPA action against the pesticide; and
(4) list of Government agencies and addresses to which it was delivered.

(End of clause)

**552.247-70 Placarding Railcar Shipments.**

As prescribed in 547.305(a), insert the following clause:

PLACARDING RAILCAR SHIPMENTS (MAY 1989)

When a railcar is loaded in such a manner that it can be or should be
unloaded from only one side, the Contractor shall place on the
appropriate railcar door a placard reading \"UNLOAD

GSAM\
APD 2800.12B, Change 2, 3-10-2000 H-101

FROM THIS SIDE\" and on the opposite door a placard reading \"UNLOAD
FROM OTHER SIDE.\"

(End of clause)

**552.247-71 Diversion of Shipment Under f.o.b. Destination Contracts.**

As prescribed in 547.305(b), insert the following clause:

DIVERSION OF SHIPMENT UNDER F.O.B. DESTINATION CONTRACTS (MAR 2000)

\(a\) Notwithstanding paragraph (c) of the clause in this contract
titled 52.212-4, Contract Terms and Conditions \-- Commercial Items, the
Government has the unilateral right to make changes at any time within
the general scope of this contract in either the:

\(1\) Method of shipment or packing.

\(2\) Place of delivery.

\(b\) If any such change causes an increase or decrease in the cost of
this contract, the Contracting Officer shall make an equitable
adjustment in the contract price, the delivery schedule, or both. The
Contractor must assert its right to an adjustment under this clause
within 30 days from the date of receipt of a delivery order.

\(c\) The Government shall make no adjustment when supplies are
identically priced for delivery regionally or nationally and the place
of delivery is changed within the area to which the identical price
applies. In all other cases, adjustments for changes in transportation
costs under this clause shall be determined as follows:

\(1\) If the contractor ships by contract or common carrier, price
adjustments shall be determined by comparing the cost of shipments to
the new destination(s), as evidenced by copy of paid freight bills
supplied by the Contractor with the invoice, to one of the following:

\(i\) The cost of shipments to the standard contract destination, as
evidenced by copy of appropriate paid freight bills supplied by the
Contractor.

\(ii\) If no shipments have been made to the standard contract
destination, the cost as evidenced by the applicable rates of a common
or contract carrier. If carrier rates are not publicly filed with a
regulatory body (e.g., interstate shipments moving by rail piggyback
service), the Contractor shall provide a copy of the contract, letter
agreement, or other written communication from the carrier(s) quoting
the rates/charges that would have applied for shipments to the standard
contract destination.

GSAM\
H-102 APD 2800.12B, Change 2, 3-10-2000

\(2\) If (i) shipments to the new destination are made by the
Contractor\'s owned or leased trucks or (ii) shipments to the original
destination were or would have been made by the Contractor\'s owned or
leased trucks, the Government shall determine the adjustment by
substituting a rate equal to 70 percent of the lowest applicable rate
published in common carrier rates as of the date of shipment for the
Contractor\'s actual rate or contemplated transportation costs.

\(d\) If the copies of paid freight bills for a diverted shipment do not
show, or make readily available, each of the following items, the
Contractor shall supply a written statement showing the item(s):

\(1\) Full name of each carrier in the routing.

\(2\) Number of containers.

\(3\) Gross shipping weight.

\(4\) Actual date of shipping.

\(5\) Freight description for the supplies as indicated in the
\"National Motor Freight Classification\" or the \"Uniform Freight
Classification\" (Rail).

(End of clause)

**552.249-70 Termination for Convenience of the Government (Fixed Price)
(Short Form).**

As prescribed in 549.502(a) insert the following clause:

TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)\
(SHORT FORM) (MAY 1988) (DEVIATION FAR 52.249-1 AND 52.249-2)

\(a\) If the Government terminates this contract for convenience, the
rights of the Government and the Contractor shall be determined under
paragraph (b) unless there is a termination liability schedule, in which
case the rights of the parties shall be determined under paragraph (c).

\(b\) The clause at \[*Contracting Officer inserts 52.249-1 or 52.249-2,
as applicable*\] of the FAR shall apply to the supply portion of the
contract and the clause at 52.249-4 of the FAR shall apply to the
service portion of the contract.

\(c\) If the Contractor specifies a schedule of termination liability
charges that would be incurred by the Government if the Government
terminates this lease contract without taking title to the equipment,
the payment of such charges shall be the only responsibility of the
Government to compensate the Contractor for such termination; except
that, there shall be no termination liability for equipment installed
after termination of this contract.

(End of clause)

GSAM\
APD 2800.12B, Change 2, 3-10-2000 H-103

**552.249-71 Submission of Termination Liability Schedule.**

As prescribed in 549.502(b), insert the following clause:

SUBMISSION OF TERMINATION LIABILITY SCHEDULE (MAY 1989)

\(a\) An offeror may submit, as part of its proposal, a termination
liability schedule to be applied if any resultant contract is terminated
by the Government for reasons other than default. The offeror shall
provide and explain the amount and method of computation of the
termination liability charge(s).

\(b\) If submitted, the termination liability schedule will be
incorporated into Part I, Section B of the contract document. If a
termination liability schedule is not submitted and the Government
terminates any resultant contract for its convenience, the rights of the
parties shall be determined under paragraph (b) of the GSAR Termination
for Convenience of the Government clause at 552.249-70.

\(c\) Any termination liability charges existing at the end of the
evaluated contract period will be considered in the evaluation of
offers.

(End of clause)

**552.252-5 Authorized Deviations in Provisions.**

As prescribed in 552.107-70(a), insert the following provision:

AUTHORIZED DEVIATIONS IN PROVISIONS\
(DEVIATION FAR 52.252-5) (SEP 1999)

\(a\) [Deviations to FAR provisions]{.underline}.

\(1\) This solicitation indicates any authorized deviation to a Federal
Acquisition Regulation (48 CFR Chapter 1) provision by the addition of
\"(DEVIATION)\" after the date of the provision, if the provision is not
published in the General Services Administration Acquisition Regulation
(48 CFR Chapter 5).

\(2\) This solicitation indicates any authorized deviation to a Federal
Acquisition Regulation (FAR) provision that is published in the General
Services Administration Acquisition Regulation by the addition of
\"(DEVIATION (FAR provision no.))\" after the date of the provision.

\(b\) [Deviations to GSAR provisions]{.underline}. This solicitation
indicates any authorized deviation to a General Services Administration
Acquisition Regulation provision by the addition of \"(DEVIATION)\"
after the date of the provision.

GSAM\
H-104 APD 2800.12B, Change 2, 3-10-2000

  --------- ------------ ---------------- ------------------------- --------- ---------- ----------- --------- --------- ---------- ----------
  **P/C**   **Number**   **Reference.**   **Title**                 **Sup**   **Serv**   **Const**   **A-E**   **SAT**   **Util**   **Leas**

  C         552.215-72   515.408(d)       Price Adjustment \--      WR        WR                                                    
                                          Failure to Provide                                                                        
                                          Accurate Information                                                                      

  C         552.216-70   516.203-4(a)     Economic Price            WR        WR                                                    
                                          Adjustment - FSS Multiple                                                                 
                                          Award Schedule Contracts                                                                  

  C         552.216-71   516.203-4(b)     Economic Price            WR                                         WR                   
                                          Adjustment - Stock and                                                                    
                                          Special Order Program                                                                     
                                          Contracts                                                                                 

  C         552.216-72   516.506(a)       Placement of Orders       WR                                         WR                   

  P         552.216-73   516.506(c)       Ordering Information      WR        WR                               WR                   

  P         552.217-70   517.208(a)       Evaluation of Options     WR                                         WR                   

  P         552.217-71   517.208(b)       Notice Regarding          WR        WR         WR          WR        WR                   
                                          Option(s)                                                                                 

  C         552.219-70   519.508          Allocation of Orders -    WR                                                              
                                          Partially Set-aside Items                                                                 

  P         552.219-71   519.708-70(a)    Notice to Offerors of     WR        WR         WR          WR                             WR
                                          Subcontracting Plan                                                                       
                                          Requirements                                                                              

  P         552.219-72   519.708-70(b)    Preparation, Submission,  WR        WR         WR          WR                             WR
                                          and Negotiation of                                                                        
                                          Subcontracting Plans                                                                      

  P         552.219-73   519.708-70(c)    Goals for Subcontracting  WR        WR         WR          WR                             WR
                                          Plan                                                                                      

  C         552.219-74   519.870-8(a)     Section 8(a) Direct Award WR        WR         WR          WR        WR                   WR

  C         552.223-70   523.303(a)       Hazardous Substances      WR                                         WR                   

  C         552.223-71   523.303(b)       Nonconforming Hazardous   WR                                         WR                   
                                          Materials                                                                                 

  P         552.223-72   523.370          Hazardous Material        WR                                         WR                   
                                          Information                                                                               

  P         552.225-8    525.408          Buy American Act \--      WR        WR         WR                                         
                                          Trade Agreements \--                                                                      
                                          Balance of Payments                                                                       
                                          Program Certificate                                                                       

  C         552.225-9    525.408          Buy American Act \--      WR        WR         WR                                         
                                          Trade Agreements \--                                                                      
                                          Balance of Payments                                                                       
                                          Program                                                                                   
  --------- ------------ ---------------- ------------------------- --------- ---------- ----------- --------- --------- ---------- ----------

GSAM\
APD 2800.12B, 09-01-99 H-129

  --------- ------------ ---------------- ------------------------- --------- ---------- ----------- --------- --------- ---------- ----------
  **P/C**   **Number**   **Reference.**   **Title**                 **Sup**   **Serv**   **Const**   **A-E**   **SAT**   **Util**   **Leas**

  C         552.225-70   525.109          Notice of Procurement     WR                                                              
                                          Restriction - Hand or                                                                     
                                          Measuring Tools or                                                                        
                                          Stainless Steel Flatware                                                                  

  C         552.227-70   527.409(a)       Government Rights                                          WR                             
                                          (Unlimited)                                                                               

  C         552.227-71   527.409(b)       Drawings and Other Data                                    WR                             
                                          to Become Property of                                                                     
                                          Government                                                                                

  C         552.228-70   528.310          Workers\' Compensation              WR         WR                                         
                                          Laws                                                                                      

  C         552.229-70   529.401-70       Federal, State, and Local           WR         WR          WR        R                    
                                          Taxes                                                                                     

  C         552.229-71   529.401-71       Federal Excise Tax - DC   WR        WR                               WR                   
                                          Government                                                                                

  C         552.232-1    532.7103(a)      Payments                            WR                                                    

  C         552.232-8    532.206          Discounts for Prompt      WR        WR                                                    
                                          Payment                                                                                   

  C         552.232-23   532.806          Assignment of Claims      WR        WR                                                    

  C         552.232-25   532.908(a)(2)    Prompt Payment            WR        WR                               WR                   

  C         552.232-70   532.111(a)       Invoice Requirements      WR        WR         WR          WR        WR        WR         WR

  C         552.232-71   532.111(b)       Adjusting Payments                  WR                                                    

  C         552.232-72   532.111(c)       Final Payment                       WR                                                    

  C         552.232-73   532.705-1        Availability of Funds               WR                               WR                   

  C         552.232-74   532.908(a)(1)    Invoice Payments          WR        WR                               WR                   

  C         552.232-75   532.908(b)(1)    Prompt Payment                                                                            R

  C         552.232-76   532.908(b)(2)    Electronic Funds Transfer                                                                 WR
                                          Payment                                                                                   

  C         552.232-77   532.7003         Payment By Governmentwide WR        WR                               WR                   
                                          Commercial Purchase Card                                                                  

  P         552.233-70   533.103-72       Protests Filed Directly   R         R          R           R                              R
                                          with the General Services                                                                 
                                          Administration                                                                            

  C         552.236-70   536.570-1        Definitions                                    WR          WR        WR                   
  --------- ------------ ---------------- ------------------------- --------- ---------- ----------- --------- --------- ---------- ----------

GSAM\
H-130 APD 2800.12B, Change 2, 3-10-2000

  --------- ------------ ---------------- ------------------------- --------- ---------- ----------- --------- --------- ---------- ----------
  **P/C**   **Number**   **Reference.**   **Title**                 **Sup**   **Serv**   **Const**   **A-E**   **SAT**   **Util**   **Leas**

  C         552.236-71   536.570-2        Authorities and                                WR          WR                             
                                          Limitations                                                                               

  C         552.236-72   536.570-3        Specialist                                     WR                    WR                   

  P         552.236-73   536.570-4        Basis of                                       WR                                         
                                          Award---Construction                                                                      
                                          Contract                                                                                  

  C         552.236-74   536.570-5        Working Hours                                  R                                          

  C         552.236-75   536.570-6        Use of Premises                                R                     WR                   

  C         552.236-76   536.570-7        Measurements                                   R                     WR                   

  C         552.236-77   536.570-8        Specifications and                             R                                          
                                          Drawings                                                                                  

  C         552.236-78   536.570-9        Shop Drawings,                                 R                                          
                                          Coordination Drawings,                                                                    
                                          and Schedules                                                                             

  C         552.236-79   536.570-10       Samples                                        WR                    WR                   

  C         552.236-80   536.570-11       Heat                                           R                     WR                   

  C         552.236-81   536.570-12       Use of Equipment by the                        WR                    WR                   
                                          Government                                                                                

  C         552.236-82   536.570-13       Subcontracts                                   R                                          

  C         552.236-83   536.570-14       Requirement for a Project                      WR                                         
                                          Labor Agreement                                                                           

  P         552.237-70   537.110(a)       Qualifications of                   WR                                                    
                                          Offerors                                                                                  

  C         552.237-71   537.110(b)       Qualifications of                   WR                                                    
                                          Employees                                                                                 

  C         552.237-72   537.110(c)       Prohibition Regarding               WR                               WR                   
                                          \"Quasi-Military Armed                                                                    
                                          Forces\"                                                                                  

  C         552.237-73   537.270          Restriction on Disclosure           WR                               WR                   
                                          of Information                                                                            

  C         552.238-70   538.273(a)(1)    Identification of         WR                                                              
                                          Electronic Office                                                                         
                                          Equipment Providing                                                                       
                                          Accessibility for the                                                                     
                                          Handicapped                                                                               

  C         552.238-71   538.273(a)(2)    Submission and            WR        WR                                                    
                                          Distribution of                                                                           
                                          Authorized FSS Schedule                                                                   
                                          Pricelists                                                                                

  C         552.238-72   538.273(a)(3)    Identification of         WR        WR                                                    
                                          Energy-Efficient Office                                                                   
                                          Equipment and Supplies                                                                    
                                          Containing Recovered                                                                      
                                          Materials or Other                                                                        
                                          Environmental Attributes                                                                  
  --------- ------------ ---------------- ------------------------- --------- ---------- ----------- --------- --------- ---------- ----------

GSAM\
APD 2800.12B, Change 2, 3-10-2000 H-131

  --------- ------------ ---------------- ------------------------- --------- ---------- ----------- --------- --------- ---------- ----------
  **P/C**   **Number**   **Reference.**   **Title**                 **Sup**   **Serv**   **Const**   **A-E**   **SAT**   **Util**   **Leas**

  C         552.238-73   538.273(a)(4)    Cancellation              WR        WR                                                    

  C         552.238-74   538.273(b)(1)    Contractor\'s Report of   WR        WR                                                    
                                          Sales                                                                                     

  C         552.238-75   538.273(b)(2)    Price Reductions          WR        WR                                                    

  C         552.238-76   538.273(b)(3)    Industrial Funding Fee    WR        WR                                                    

  C         552.242-70   542.1107         Status Report of Orders   WR                                         WR                   
                                          and Shipments                                                                             

  C         552.243-70   543.205(a)(1)    Pricing of Adjustments                         WR                                         

  C         552.243-71   543.205(a)(2)    Equitable Adjustments                          WR                                         

  C         552.243-72   543.205(b)       Modifications (Multiple   WR        WR                                                    
                                          Award Schedule)                                                                           

  C         552.246-17   546.710(a)       Warranty of Supplies of a WR                                         WR                   
                                          Noncomplex Nature                                                                         

  C         552.246-70   546.302-70       Source Inspection by      WR                                         WR                   
                                          Quality Approved                                                                          
                                          Manufacturer                                                                              

  C         552.246-71   546.302-71       Source Inspection by      WR                                         WR                   
                                          Government                                                                                

  C         552.246-72   546.312          Final Inspection and                           WR                    O                    
                                          Tests                                                                                     

  C         552.246-73   546.710(b)       Warranty - Multiple Award WR        WR                                                    
                                          Schedule                                                                                  

  C         552.246-75   546.710(c)       Guarantees                                     WR                                         

  C         552.246-76   546.710(d)       Warranty of Pesticides    WR                                         WR                   

  C         552.247-70   547.305(a)       Placarding Railcar        WR                                         WR                   
                                          Shipments                                                                                 

  C         552.247-71   547.305(b)       Diversion of Shipment     WR                                         WR                   
                                          Under f.o.b. Destination                                                                  
                                          Contracts                                                                                 

  C         552.249-70   549.502(a)       Termination for           WR                                         WR                   
                                          Convenience of the                                                                        
                                          Government (Fixed Price)                                                                  
                                          (Short Form)                                                                              

  C         552.249-71   549.502(b)       Submission of Termination WR                                         WR                   
                                          Liability Schedule                                                                        

  P         552.252-5    552.107-70(a)    Authorized Deviations in  WR        WR         WR          WR        WR        WR         
                                          Provisions                                                                                
  --------- ------------ ---------------- ------------------------- --------- ---------- ----------- --------- --------- ---------- ----------

GSAM\
H-132 APD 2800.12B, Change 2, 3-10-2000

**SUBCHAPTER I \--SPECIAL CONTRACTING PROGRAMS**

**PART 570 ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY**

**SUBPART 570.1 GENERAL**

**570.101 Applicability.**

\(a\) This part applies to acquisitions of leasehold interests in real
property except:

\(1\) Leasehold interests acquired by the power of eminent domain or by
donation.

\(2\) Acquisition of leasehold interests in bare or unimproved land.

\(b\) In addition, the GSAR rules in the table below apply. Other
provisions of 48 CFR Chapter 5 (GSAR) do not apply to leases of real
property unless specifically cross-referenced in this Part 570.

+----------------+----------------+----------------+-----------------+
| **GSAR Rules   |                |                |                 |
| Applicable to  |                |                |                 |
| Acquisitions   |                |                |                 |
| of Leasehold   |                |                |                 |
| Interests in   |                |                |                 |
| Real           |                |                |                 |
| Property**     |                |                |                 |
+----------------+----------------+----------------+-----------------+
| 501            | 514.201-7(b)   | 517.207        | 533             |
|                |                |                |                 |
| 502            | 514.407        | 519.7          | 536.271         |
|                |                |                |                 |
| 503            | 515.204-1      | 519.12         | 537.2           |
|                |                |                |                 |
| 504.5          | 515.209-70     | 522.8          | 552             |
|                |                |                |                 |
| 505            | 515.305        | 532.1          | 553             |
|                |                |                |                 |
| 509.4          | 517.202        | 532.908        |                 |
+----------------+----------------+----------------+-----------------+

\(c\) The following GSAM provisions apply to acquisitions of leasehold
interests in real property. These are in addition to the GSAR
requirements identified in 570.101(b).

+----------------+----------------+----------------+-----------------+
| **GSAM         |                |                |                 |
| Applicable to  |                |                |                 |
| Acquisitions   |                |                |                 |
| of Leasehold   |                |                |                 |
| Interests in   |                |                |                 |
| Real           |                |                |                 |
| Property**     |                |                |                 |
+----------------+----------------+----------------+-----------------+
| 501            | 507            | 522.14         | 532.8           |
|                |                |                |                 |
| 503            | 519.3          | 523.4          | 532.9           |
|                |                |                |                 |
| 504.2          | 519.6          | 530            | 532.11          |
|                |                |                |                 |
| 504.9          | 519.7          | 532.1          | 533             |
|                |                |                |                 |
| 505            | 519.12         | 532.4          | 537.2           |
|                |                |                |                 |
| 506            | 522.13         | 532.6          |                 |
+----------------+----------------+----------------+-----------------+

**570.102 Definitions.**

\"Acquisition\" means the acquiring by lease of an interest in improved
real property for use by the Federal Government, whether the space
already exists or must be constructed.

GSAM\
APD 2800.12B, Change 2, 3-10-2000 570-1

\"Contract\" means lease.

\"Contractor\" means lessor.

\"Landlord\" or \"lessor\" means any individual, firm, partnership,
trust, association, State or local government, or other legal entity
that leases real property to the Government.

\"Lease\" or \"leasehold interest in real property\" means a conveyance
to the Government of the right of exclusive possession of real property
for a definite period of time by a landlord. It may include operational
services provided by the landlord.

\"Lessee\" or \"tenant\" means the United States of America.

"Operational services" means services that support use of a leased
property, such as heating, ventilation, air conditioning, utilities, and
custodial services.

\"Rent and related services\" means the consideration paid for the use
of leased property plus the costs of operational services whether
furnished by the lessor, the Government, or both.

"Simplified lease acquisition procedures" mean the procedures for
awarding leases at or below the simplified lease acquisition threshold.

\"Simplified lease acquisition threshold\" means \$100,000 average
annual rent for the term of the lease, including option periods and
excluding the cost of operational services.

\"Small business\" means a concern including affiliates, which is
organized for profit, is independently-owned and operated, is not
dominant in the field of leasing commercial real estate, and has annual
average gross receipts of \$15 million or less for the preceding three
fiscal years.

\"Solicitation for Offers (SFO)\" means invitation for bids in sealed
bidding or request for proposals in negotiations.

\"Space in buildings\" means the premises leased, or to be leased,
including improvements. Its quantity is normally expressed in square
feet. It does not include space acquired by the power of eminent domain,
donation, or condemnation, nor acquisitions of bare or unimproved land.

\"Substantially as follows\" or \"substantially the same as,\" when used
in prescribing a provision or clause, means that you may prepare and use
a variation of that provision or clause to accommodate requirements
peculiar to an individual acquisition. The variation must include the
salient features of the FAR or GSAR provision or clause. It must also be
consistent with the intent, principle, and substance of the FAR or GSAR
provision or clause and related coverage on the subject matter.

GSAM\
570-2 APD 2800.12B, 09-01-99