General Services Administration

Washington, DC 20405

APD 2800.12B, CHGE 4

May 7, 2003

GSA ORDER

Subject: General Services Administration Acquisition Manual

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

2\. [Background]{.underline}.

a\. The General Services Administrations Acquisition Manual is amended
to implement Section 211 of the E-Government Act of 2002 (Pub. L.
107-347,

December 17, 2002). Section 211 authorizes the Administrator of GSA to
provide for the use by States or local governments of its Federal Supply
Schedules for automated data processing equipment (including firmware),
software, supplies, support equipment, and services. State and local
governments include any State, local, regional, or tribal government, or
any instrumentality thereof (including any local educational agency or
institution of higher education. Participation is voluntary on the part
of Federal Supply Schedule contractors. Contractors would have the
option of deciding whether they will accept orders placed by state or
local government buyers. Similarly, there is no obligation on state and
local government buyers to use the schedule. This change to the FAR
established a new GSAR Subpart 538.70 and associated clauses to address
cooperative purchasing from supply schedules by eligible non-federal
organizations.

3\. [Effective date]{.underline}. May 7, 2003.

4\. [Explanation of changes]{.underline}. This change:

a\. Revises the Table of Contents to reflect the addition of Subpart
538.70, the clauses at 552.232-79, 552.232.81, 552.232-83, and
552.238-77 through 552.238-79, and the provision at 552.232-82.

b\. Amends sections 511.204 and 516.506 to add a prescription for a new
Alternate that applies to solicitations and contracts for FSS Schedule
70 and the Corporate Schedules containing information technology Special
Item Numbers.

c\. Amends section 532.206 to add a prescription for a new Alternate
that applies to solicitations and contracts for FSS Schedule 70 and the
Corporate Schedules containing information technology Special Item
Numbers. Adds prescriptions for the new Payment by Non-Federal Ordering
Activities clause, the Contractor's Remittance (Payment) Address clause
and the Contractor's Billing Responsibilities clause.

d\. Amends sections 532.7003 to revise the prescription at paragraph (b)
and adds a new prescription that applies to solicitations and contracts
for Federal Supply Schedule 70 and the Corporate Schedule containing
information technology Special Item Numbers.

e\. Amends paragraph (a) of section 538.272 by removing "Government"
each time it is used (twice) and adding "eligible ordering activities"
in its place.

f\. Amends section 538.273 by adding a new sentence in paragraphs (a)(2)
and (b)(2).

g\. Adds Subpart 538.70 and associated clauses 552.238-77 through
552.238-79 to address cooperative purchasing from Federal Supply
Schedules by eligible non-federal organizations.

h\. Amends section 546.710 by adding a new last sentence.

i\. Amends sections 552.211-75, 552.211-77, 552.216-72, 552.232-8,
552.238-71, 552.238-75, and 552.246-73 by adding an alternate that
applies to solicitations and contracts for FSS Schedule 70 and the
Corporate Schedules containing information technology Special Item
Numbers.

j\. Adds sections 552.232-81, 552.232-82, and 552.232-83 as associated
clauses to address cooperative purchasing from Federal Supply Schedules
by eligible non-federal organizations.

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

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

TOC, xix and xx TOC xix and xx

> B-25 and B-26 B-25 and B-26
>
> C-39 and C-40 C-39 and C-40
>
> E-5 and E-6 E-5 thru E-6.1
>
> E-13 and E-14 E-13 and E-14
>
> F-15 thru F-17 F-15 thru F-18.2
>
> G-15 and G-16 G-15 and G-16
>
> TOC, Subchapter H, iii and iv TOC, Subchapter H, iii thru v
>
> H-7 thru H-12 H-7 thru H-12
>
> H-31 and H-32 H-31 and H-32.1
>
> H-45 and H-46 H-45 and H-46
>
> H-61 thru H-64.1 H-61 thru H-64.4
>
> H-77 and H-78 H-77 and H-78
>
> H-81 and H-82 H-81 and H-82.4
>
> H-99 thru H-102 H-99 thru H-102
>
> Matrix H-129 thru H-132 Matrix H-129 thru H-132

/s/

DAVID A. DRABKIN

Deputy Associate Administrator

Office of Acquisition Policy

(Blank page)

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.

**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.

GSAM\
APD 2800.12B (CHGE 4) xix

**538.70 Cooperative Purchasing**

538.7000 Scope of subpart.

538.7001 Definitions.

538.7002 General.

538.7003 Policy.

538.7004 Solicitations provisions and 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, CHGE 4, 5-7-2003

**[Notice]{.underline}**

If you offer other than brand name items identified in this
solicitation, you must provide adequate information for GSA to determine
the equality of the product(s) offered.

\(c\) If you use brand name or equal purchase descriptions for some
component parts of an end item, you may limit the application of the
provision at FAR 52.211-6 to the specified components.

**SUBPART 511.2 USING AND MAINTAINING REQUIREMENTS DOCUMENTS**

**511.204 Solicitation provisions and contract clauses.**

\(a\) [Construction services]{.underline}. Insert the clause at
552.211-71, Standard References, in solicitations and contracts for
construction services when you expect the contract amount to exceed the
simplified acquisition threshold, and the solicitation meets either of
the following conditions:

\(1\) The solicitation cites documents or publications not furnished
with the solicitation.

\(2\) The solicitation incorporates documents or publications by
reference.

\(b\) [Federal specifications]{.underline}. Insert the clause at
552.211-72, Reference to Specifications in Drawings, in solicitations
and contracts citing Federal specifications which contain drawings.

\(c\) [Supply contracts that exceed the simplified acquisition
threshold]{.underline}.

\(1\) Include the clause at 552.211-73, Marking, in solicitations and
contracts for supplies when deliveries may be made to both civilian and
military activities and the contract amount is expected to exceed the
simplified acquisition threshold.

(2) Include the clause at 552.211-74, Charges for Marking, in
solicitations and contracts that include the clause at 552.211-73 or a
similar clause.

\(3\) Include the clause at 552.211-75, Preservation, Packaging and
Packing, in solicitations and contracts for supplies expected to exceed
the simplified acquisition threshold. You may also include the clause in
contracts estimated to be at or below the simplified acquisition
threshold when appropriate. In solicitations and contracts for FSS
Schedule 70 and the Corporate Schedule containing information technology
Special Item Numbers, use Alternate I.

\(4\) Insert a clause substantially the same as the clause at
552.211-76, Charges for Packaging and Packing, in solicitations and
contracts for supplies to be delivered to GSA distribution centers.

GSAM\
APD 2800.12B, CHGE 4, 5-7-2003 B-25

\(d\) [Supply contracts]{.underline}. Include the clause at 552.211-77,
Packing List, in solicitations and contracts for supplies, including
purchases over the micropurchase threshold. In solicitations and
contracts for FSS Schedule 70 and the Corporate Schedule containing
information technology Special Item Numbers, use Alternate I.

**SUBPART 511.4 DELIVERY OR PERFORMANCE SCHEDULES**

**511.401 General.**

\(a\) [Other than multiple award schedules]{.underline}. Preferred
practice is to state time of delivery in solicitations and contracts as
\"required\" time of delivery or shipment, expressed in specific periods
from receipt by the contractor of a notice of award or an order.

\(b\) [Multiple award schedules]{.underline}.

\(1\) In multiple award schedule solicitations, preferred practice is to
state delivery times as \"desired.\" Require offerors to indicate a
definite number of days for delivery.

\(2\) In negotiations, secure the best possible delivery time regardless
of the \"desired\" delivery time(s) in the solicitation. For example,
some offers comply with the Government\'s desired delivery time but
others cite substantially shorter delivery times. Negotiate with the
former to bring them in line with the latter. Negotiate variable
delivery time offers (e.g., 30-90 days) to keep the timespan to a
minimum. If the span applies to several items or several quantity breaks
for one item, you may segregate the items or item quantity breaks into
smaller groups and assign more specific delivery times.

\(c\) [Unusually short delivery times]{.underline}. A requisitioning
office that requests an unusually short delivery time must provide
satisfactory written justification. A sound justification is
particularly important where the time specified is so short that it may
limit competition and possibly result in higher prices. Examples of
justifications include:

\(1\) Furniture is required to outfit quarters scheduled for occupancy
on a specific date.

\(2\) Construction material is required to meet job progress schedules.

\(3\) Supplies are required at a port to meet scheduled ship departures.

\(d\) [Early delivery]{.underline}. When the requisitioning office needs
a portion of the total delivery early, consider whether to:

\(1\) Require that portion by the early date and the balance later.

GSAM\
B-26 APD 2800.12B, CHGE 4, 5-7-2003

\(1\) A determination to include an EPA clause in a 1-year solicitation
or contract or to provide for price increases during the first 12 months
of a multiyear contract.

\(2\) The use in a contract of any EPA clause that you did not include
in the initial solicitation. This includes any clause that provides for
price adjustment during the first 12 months of a multiyear contract.

\(c\) The contracting director may raise the price ceiling (the
aggregate of permitted price increases during a 12-month period) during
the contract period when both of the following conditions are met:

\(1\) A supplier or suppliers request that the ceiling be raised.

\(2\) Analysis of current market conditions reveals that most suppliers
of similar supplies or services are affected. If the price ceiling is
raised, you must amend the contract to reflect the revised ceiling.

**516.203-4 Contract clauses.**

\(a\) [Multiple award schedules]{.underline}. Do not use FAR 52.216-2,
52.216-3, or 52.216-4 in negotiated acquisitions based on discounts from
established commercial catalogs or pricelists. Instead, use:

\(1\) 552.216-70, Economic Price Adjustment - FSS Multiple Award
Schedule Contracts, in a 1-year solicitation or contract.

\(2\) 552.216-70 (Alternate I) in multiyear solicitations and contracts.

\(b\) [Stock or Special Order Program Contracts]{.underline}. In
multiyear solicitations and contracts, after making the determination
required by FAR 16.203-2, use 552.216-71, Economic Price
Adjustment-Stock and Special Order Program Contracts, or a clause
prepared as authorized in (a)(2)(ii) of this subsection.

\(1\) If the contract includes one or more options to extend the term of
the contract, use the clause with its Alternate I or a clause
substantially the same as 552.216-71 with its Alternate I suitably
modified.

\(2\) In a contract requiring a minimum adjustment before the price
adjustment mechanism is effectuated, use the basic clause with Alternate
II or with Alternate I and Alternate II.

\(3\) If the Producer Price Index is not an appropriate indicator for
price adjustment, modify the clause to use an alternate indicator for
adjusting prices. Similarly, if other aspects of 552.216-71 are not
appropriate, use an alternate clause following established procedures.

GSAM\
APD 2800.12B, 9-1-99 (CHGE 4) C-39

\(c\) [Adjustments based on cost indexes of labor or
material]{.underline}.

\(1\) If you decide to provide for adjustments based on cost indexes of
labor or material, prepare a clause that defines each of the following
elements:

\(i\) The type of labor and/or material subject to adjustment.

\(ii\) The labor rates, including any fringe benefits and/or unit prices
of materials that may be increased or decreased.

\(iii\) The index(es) that will be used to measure changes in price
levels and the base period or reference point from which changes will be
measured.

\(iv\) The period during which the price(s) will be subject to
adjustment.

\(2\) The contracting director must approve use of this clause.

**SUBPART 516.4 INCENTIVE CONTRACTS**

**516.406 Contract clauses.**

The contracting director must approve any award fee clause.

**SUBPART 516.5 INDEFINITE-DELIVERY CONTRACTS**

**516.506 Solicitation provisions and contract clauses.**

\(a\) In solicitations and contracts for stock or special order program
items, when the contract authorizes FSS and other activities to issue
delivery or task orders, insert the clause at 552.216-72, Placement of
Orders. If only FSS will issue delivery or task orders, insert the
clause with its Alternate I.

\(b\) In solicitations and contracts for single or multiple award
schedule program items, insert the clause at 552.216-72, Placement of
Orders, with its Alternate II.

\(c\) In solicitations and contracts for FSS Schedule 70 and the
Corporate Schedule containing information technology Special Item
Numbers, use 552.216-72, Placement of Orders, Alternate III, instead of
Alternate II.

\(d\) If the clause at 552.216-72 is prescribed, insert the provision at
552.216-73, Ordering Information, in solicitations for stock items and
in other FSS solicitations. Use 552.216-73 Alternate I when 552.216-72
Alternate I is prescribed. Use 552.216-73 Alternate II when 552.216-72
Alternate II or Alternate III are prescribed.

GSAM\
C-40 APD 2800.12B, CHGE 4, 5-7-2003

**PART 530 COST ACCOUNTING STANDARDS ADMINISTRATION**

**SUBPART 530.2 CAS PROGRAM REQUIREMENTS**

**530.201-5 Waiver.**

Submit waiver requests to the Senior Procurement Executive.

**PART 531 CONTRACT COST PRINCIPLES AND PROCEDURES**

**SUBPART 531.1 APPLICABILITY**

**531.101 Objectives.**

The Senior Procurement Executive is the designee under FAR 31.101.

**PART 532 CONTRACT FINANCING**

**SUBPART 532.1 NON-COMMERCIAL ITEM PURCHASE FINANCING**

**532.111** **Contract clauses for non-commercial purchases.**

(a) [Invoice requirements]{.underline}. Insert 552.232-70, Invoice
Requirements, or something substantially the same, in all solicitations
and contracts for supplies, services, construction, architect-engineer
services, or the acquisition of leasehold interests in real property
that require the submission of invoices for payment. Delete subparagraph
(b) of the clause if an Accounting Control Transaction (ACT) number is
not required for payment.

\(b\) [Adjusting payments]{.underline}. Insert 552.232-71, Adjusting
Payments, in all solicitations and contracts for recurring building
services expected to exceed the simplified acquisition threshold.

\(c\) [Final payment]{.underline}. Insert 552.232-72, Final Payment, in
all solicitations and contracts for recurring building services expected
to exceed the simplified acquisition threshold.

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

**532.112-1 Subcontractor assertions of nonpayment.**

If you determine under FAR 32.112-1 that a contractor's certification of
payment is inaccurate in any material respect, report the matter to the
Office of Inspector General. If appropriate, the Office of Inspector
General will forward a report and recommendation to the Department of
Justice.

GSAM\
APD 2800.12B, 9-1-99 (CHGE 4) E-5

**SUBPART 532.2 COMMERCIAL ITEM PURCHASE FINANCING**

**532.206 Solicitation provisions and contract clauses.**

\(a\) [Discounts for prompt payment]{.underline}. Include 552.232-8,
Discounts for Prompt Payments, in multiple award schedule solicitations
and contracts instead of the clause at FAR 52.232-8. In solicitations
and contracts for FSS Schedule 70 and the Corporate Schedule containing
information technology Special Item Numbers (SINs), use Alternate I.

\(b\) The contracting officer shall insert the clause at 552.232-81,
Payments by Non-Federal Ordering Activities, in solicitations and
schedule contracts for Schedule 70 and Corporate Schedule contracts
containing information technology SINs.

\(c\) The contracting officer shall insert the provision at 552.232-82,
Contractor's Remittance (Payment) Address, in all Federal Supply
Schedule solicitations and contracts.

\(d\) The contracting officer shall insert the clause at 552.232-83,
Contractor's Billing Responsibilities, in all Multiple Award Schedule
solicitations and contracts.

**SUBPART 532.4 ADVANCE PAYMENTS FOR NON-COMMERCIAL ITEMS**

**532.402 General.**

Prepare the findings and determinations required by FAR 32.402(e) in
coordination with the contract finance office. The HCA approves the
findings, determinations and authorization for advance payments.

**532.407 Interest.**

The contract finance office will give you the interest rate to be
charged on the unliquidated balance of advance payments.

**SUBPART 532.5 PROGRESS PAYMENTS BASED ON COSTS**

**532.501 General.**

**532.501-2 Unusual progress payments.**

The HCA must approve or disapprove requests for \"unusual\" progress
payments.

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

\(a\) In unusual circumstances, you may request that specified
benchmarks, such as submission and acceptance of a preproduction or
pilot model, be achieved before making progress payments based on costs.
If you do this, the HCA must make a written determination that

GSAM\
E-6 APD 2800.12B, CHGE 4, 5-7-2003

> use of benchmarks is in the best interest of the Government. The
> solicitation and each resulting contract must then include a provision
> specifying which benchmarks must be achieved before progress payments
> are made.

\(b\) Do not use benchmarks in a manner that will convert progress
payments based on costs into progress payments based on a percentage or
stage of completion.

**532.502 Preaward matters.**

**532.502-2 Contract finance office clearance.**

\(a\) The contract finance office director provides the approval
required by FAR 32.502-2.

(The next page is E-7.)

> GSAM\
> APD 2800.12B (CHGE 4) E-6.1

(Blank page)

**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.

\(b\) 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, except Federal Supply Schedule 70, Information Technology,
and the Corporate Schedule contracts containing information technology
Special Item Numbers.

> GSAM\
> APD 2800.12B, CHGE 4, 5-7-2003 E-13

\(c\) [Federal Supply Service schedule contracts for information
technology Special Item Numbers.]{.underline} In solicitations and
contracts for FSS Schedule 70 and the Corporate Schedule containing
information technology Special Item Numbers, use 552.232-79 instead of
552.232-77.

**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, CHGE 4, 5-7-2003

\(5\) Warranties, training, and/or maintenance included in the purchase
price or provided at additional cost to the product prices.

\(6\) Ordering and delivery practices.

\(7\) Any other relevant information, including differences between the
MAS solicitation and commercial terms and conditions that may warrant
differentials between the offer and the discounts offered to the most
favored commercial customer(s). For example, an offeror may incur more
expense selling to the Government than to the customer who receives the
offeror's best price, or the customer (e.g., dealer, distributor,
original equipment manufacturer, other reseller) who receives the best
price may perform certain value-added functions for the offeror that the
Government does not perform. In such cases, some reduction in the
discount given to the Government may be appropriate. If the best price
is not offered to the Government, you should ask the offeror to identify
and explain the reason for any differences. Do not require offerors to
provide detailed cost breakdowns.

\(d\) You may award a contract containing pricing which is less
favorable than the best price the offeror extends to any commercial
customer for similar purchases if you make a determination that both of
the following conditions exist:

\(1\) The prices offered to the Government are fair and reasonable, even
though comparable discounts were not negotiated.

\(2\) Award is otherwise in the best interest of the Government.

**538.271 MAS contract awards.**

\(a\) MAS awards will be for commercial items as defined in FAR 2.101.
Negotiate contracts as a discount from established catalog prices.

\(b\) Before awarding any MAS contract, determine that the offered
prices are fair and reasonable (see FAR Subpart 15.4 and 538.270).
Document the negotiation and your determination using FAR 15.406-3 as
guidance.

\(c\) State clearly in the award document the price/discount
relationship between the Government and the identified commercial
customer (or category of customers) on which the award is predicated.

**538.272 MAS price reductions.**

\(a\) Section 552.238-75, Price Reductions, requires the contractor to
maintain during the contract period the negotiated price/discount
relationship (and/or term and condition relationship) between the
eligible ordering activities and the offeror\'s customer or category of
customers on which the contract award was predicated (see 538.271(c)).
If a change occurs in the contractor's commercial pricing or discount
arrangement applicable to the identified commercial customer (or
category of customers) that results in a less advantageous

GSAM\
APD 2800.12B, CHGE 4, 5-7-2003 F-15

relationship between the eligible ordering activities and this customer
or category of customers, the change constitutes a "price reduction."

\(b\) Make sure that the contractor understands the requirements of
section 552.238-75 and agrees to report to you all price reductions as
provided for in the clause.

**538.273 Contract clauses.**

\(a\) [Multiple award schedules]{.underline}. Insert in solicitations
and contracts:

\(1\) 552.238-70, Identification of Electronic Office Equipment
Providing Accessibility for the Handicapped, if you include electronic
office equipment items.

\(2\) 552.238-71, Submission and Distribution of Authorized FSS Schedule
Pricelists. In solicitations and contracts for FSS Schedule 70 and the
Corporate Schedule contracts containing information technology Special
Item Numbers, use Alternate I. If GSA is not prepared to accept
electronic submissions for a particular schedule delete:

\(i\) Subparagraphs (c)(1)(ii) and (c)(3).

\(ii\) The subparagraph identifier \"(i)\" in (c)(1) and the word
\"and\" at the end of subparagraph (i).

\(3\) 552.238-72, Identification of Energy-Efficient Office Equipment
and Supplies Containing Recovered Materials or Other Environmental
Attributes.

\(4\) 552.238-73, Cancellation.

\(b\) [Multiple and single award schedules]{.underline}. Insert in
solicitations and contracts:

\(1\) 552.238-74, Contractor\'s Report of Sales.

\(2\) 52.238-75, Price Reductions. In solicitations and contracts for
FSS Schedule 70 and the Corporate Schedule contracts containing
information technology Special Item Numbers, use Alternate I.

\(3\) 552.238-76, Industrial Funding Fee.

**SUBPART 538.70 COOPERATIVE PURCHASING**

**538.7000 Scope of subpart.**

This subpart prescribes policies and procedures that implement statutory
provisions authorizing non-federal organizations to use Schedule 70 and
Corporate Schedule contracts containing information technology Special
Item Numbers (SINs).

GSAM

F-16 APD 2800.12B, CHGE 4, 5-7-2003

**538.7001 Definitions.**

"Ordering activity" (also called "ordering agency" and "ordering
office") means an eligible ordering activity (see 552.238---78)
authorized to place orders under Federal Supply Schedule contracts.

"Schedule 70," as used in this subpart, means Schedule 70 information
technology contracts, and corporate schedule contracts containing
information technology SINs. The Corporate Schedule is a compilation of
multiple individual Federal Supply Schedules; therefore, only the SINs
that fall under Schedule 70 of the Corporate Schedule will apply to
Cooperative Purchasing. No other Schedules, or SINs, containing
information technology outside of Schedule 70 SINs, and corporate
schedule contracts containing Schedule 70 SINs, will apply.

"State and local government entities," as used in this subpart, means
the states of the United States, counties, municipalities, cities,
towns, townships, tribal governments, public authorities (including
public or Indian housing agencies under the United States Housing Act of
1937), school districts, colleges and other institutions of higher
education, council of governments (incorporated or not), regional or
interstate government entities, or any agency or instrumentality of the
preceding entities (including any local educational agency or
institution of higher education), and including legislative and judicial
departments. The term does not include contractors of, or grantees of,
State or local governments.

\(1\) "Local educational agency" has the meaning given that term in
section 8013 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713).

\(2\) "Institution of higher education" has the meaning given that term
in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).

\(3\) "Tribal government" means---

\(i\) The governing body of any Indian tribe, band, nation, or other
organized group or community located in the continental United States
(excluding the State of Alaska) that is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians; and

\(ii\) Any Alaska Native regional or village corporation established
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.).

**538.7002 General.**

\(a\) 40 U.S.C. 501, (the Act) authorizes the Administrator of General
Services to procure and supply personal property and nonpersonal
services for the use of Executive agencies. Under 40 U.S.C. 502, the
goods and services available to executive agencies are also available to
mixed ownership Government corporations, establishments within the
legislative or judicial branches of Government (excepting the Senate,
House of Representatives, Architect of the Capitol, and any activities
under the direction of the Architect of the Capitol), the District of
Columbia, and Qualified Non-profit Agencies.

GSAM\
APD 2800.12B, CHGE 4, 5-7-2003 F-17

\(b\) Section 211 of the E-Government Act of 2002 amends 40 U.S.C. 502
to authorize the Administrator of General Services to provide for use of
certain Federal Supply Schedules of the GSA by a State or local
government, which includes any State, local, regional, or tribal
government, or any instrumentality thereof (including any local
educational agency or institution of higher education).

\(c\) State and local governments are authorized to procure only from
the information technology Federal Supply Schedule (Schedule 70)
contracts and Corporate Schedule contracts containing information
technology SINs. A listing of the participating contractors and SINs for
the products and services that are available through Schedule 70 and
Corporate Schedule contracts containing information technology SINs, is
available in GSA's Schedules e-Library at web site
*http://fss.gsa.gov/elibrary*. Click on Schedules e-Library and then
click on the ICON labeled Cooperative Purchasing, State and Local. The
contractors and the products and services available for cooperative
purchasing will be labeled with the ICON.

**538.7003 Policy.**

[Preparing solicitations when schedules are open to eligible non-federal
entities.]{.underline} When opening Schedule 70 and the Corporate
Schedule containing information technology SINs, for use by eligible
non-federal entities, the contracting officer must make minor
modifications to certain Federal Acquisition Regulation and GSAM
provisions and clauses in order to make clear distinctions between the
rights and responsibilities of the U.S. Government in its management and
regulatory capacity pursuant to which it awards schedule contracts and
fulfills associated Federal requirements versus the rights and
responsibilities of eligible ordering activities placing orders to
fulfill agency needs. Accordingly, the contracting officer is authorized
to modify the following FAR provisions/clauses to delete "Government" or
similar language referring to the U.S. Government and substitute
"ordering activity" or similar language when preparing solicitations and
contracts to be awarded under Schedule 70 and the Corporate Schedule
containing information technology SINs. When such changes are made, the
word "(DEVIATION)" shall be added at the end of the title of the
provision or clause. These clauses include but are not limited to:

\(a\) 52.212-4, Contract Terms and Conditions---Commercial Items.

\(b\) 52.216-18, Ordering.

\(c\) 52.216-19, Order Limitations.

\(d\) 52.229-1, State and Local Taxes.

\(e\) 52.229-3, Federal, State, and Local Taxes.

\(f\) 52.232-7, Payments Under Time-and-Materials and Labor-Hour
Contracts.

\(g\) 52.232-17, Interest.

GSAM\
F-18 APD 2800.12B, CHGE 4, 5-7-2003

\(h\) 52.232-19, Availability of Funds for the Next Fiscal Year.

\(i\) 52.232-34, Payment by Electronic Funds Transfer---Other than
Central Contractor Registration

\(j\) 52.232-36, Payment by Third Party.

\(k\) 52.237-3, Continuity of Services.

\(l\) 52.246-4, Inspection of Services-Fixed Price.

\(m\) 52.246-6, Inspection-Time-and-Material and Labor-Hour.

\(n\) 52.247-34, F.O.B. Destination.

\(o\) 52.247-38, F.O.B. Inland Carrier Point of Exportation.

**538.7004 Solicitation provisions and contract clauses.**

\(a\) The contracting officer shall insert the clause at 552.238-77,
Definition (Federal Supply Schedules), in solicitations and schedule
contracts for Schedule 70 and the Corporate Schedule contracts
containing information technology SINs.

\(b\) The contracting officer shall insert the clause at 552.238-78,
Scope of Contract (Eligible Ordering Activities), in solicitations and
contracts for Schedule 70 and the Corporate Schedule contracts
containing information technology SINs.

\(c\) The contracting officer shall insert the clause at 552.238-79, Use
of Federal Supply Schedule Contracts by Certain Entities---Cooperative
Purchasing, in solicitations and Schedule 70 contracts and the Corporate
Schedule contracts containing information technology SINs.

\(d\) See 552.107-70 for authorized FAR deviations.

**PART 539 ACQUISITION OF INFORMATION TECHNOLOGY**

**\[RESERVED\]**

**PART 540 \[RESERVED\]**

GSAM\
APD 2800.12B, CHGE 4, 5-7-2003 F-18.1

**PART 541 ACQUISITION OF UTILITY SERVICES**

**SUBPART 541.4 ADMINISTRATION**

**541.401 Monthly and annual review.**

Unless other procedures are established, you must perform the review.

GSAM\
F-18.2 (CHGE 4) APD 2800.12B

\(3\) [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. In solicitations and contracts for FSS Schedule 70 and the
Corporate Schedule containing information technology Special Item
Numbers, use Alternate I.

\(c\) [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, CHGE 4, 5-7-2003 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 (CHGE 4) APD 2800.12B, 9-1-99

552.232-77 Payment by Governmentwide Commercial Purchase Card.\
552.232-78 Payment Information.

552.232-79 Payment by Credit Card.

552.232-81 Payments by Non-Federal Ordering Activities.

552.232-82 Contractor's Remittance (Payment) Address.

552.232-83 Contractor's Billing Responsibilities.\
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.

552.238-77 Definition (Federal Supply Schedules).

552.238-78 Scope of Contract (Eligible Ordering Activities).

552.238-79 Use of Federal Supply Schedule Contracts by Certain
Entities---

Cooperative Purchasing.\
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.

GSAM\
APD 2800.12B, CHGE 4, 5-7-2003 iii

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).\
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.

GSAM

iv (CHGE 4) APD 2800.12B

**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.

**553.3 Illustrations of Forms**

553.300 Scope of subpart.\
553.300-70 Forms not illustrated.\
553.370-300-I Instructions for using the GSA Form 300, Order for
Supplies and\
Services.\
553.370-353-I Instructions for Completing GSA Form 353, Performance
Evaluation & Facilities Report (PEFR).\
553.370-618D GSA Form 618D, Statement to be Submitted When Work is\
Performed Personally.\
553.370-1378 GSA Form 1378, Record of, and Receipt for, Bids and
Responses.\
553.370-1458 GSA Form 1458, Motor Vehicle Shop Work Order, Repair and\
Purchase Order.\
553.370-1535A GSA Form 1535A, Recommendation for Award(s)
(Continuation).\
553.370-1602 GSA Form 1602, Notice Concerning Solicitation.\
553.370-1678 GSA Form 1678, Status Report of Orders and Shipments.\
553.370-1720 GSA Form 1720, Request for Release of Classified
Information to U.S. Industry.\
553.370-1766 GSA Form 1766, Structured Approach Profit/Fee Objective.\
553.370-2689 GSA Form 2689, Procurement Not Set Aside.\
553.370-2728 GSA Form 2728, Procurement Contract Register.\
553.370-3186 GSA Form 3186, Order for Supplies or Services.\
553.370-3186B GSA Form 3186B, Order for Supplies or Services (EDI).\
553.370-3410 GSA Form 3410, Request for Appointment.\
553.370-3471 GSA Form 3471, Abstract of Offers.\
553.370-3521 Blanket Purchasing Agreement\
553.370-3577 GSA Form 3577, Notice to Unsuccessful Offeror of Contract
Award.\
553.370-3521 Blanket Purchase Agreement\
553.370-3611 GSA Form 3611, Cover Page Source Selection Information.\
553.370-8002A GSA Form 8002A, Motor Vehicle Requisition Status.\
553.370-8002B GSA Form 8002B, Motor Vehicle Delivery Order.

GSAM\
APD 2800.12B (CHGE 4) v

(Blank page)

is destroyed during testing or damaged to a point making it unusable as
a standard, the Contractor, upon Government request, shall provide a
second sample.

\(c\) If the Contractor delivers the approved first article as part of
the contract quantity, it shall be in the last scheduled delivery under
the contract.

(End of clause)

**552.211-8 Time of Delivery.**

As prescribed in 511.404(a)(1) insert the following clause:

TIME OF DELIVERY (SEP 1999)

\(a\) The time of delivery for each item means the time required after
receipt of an order (1) to make delivery to a destination in the case of
delivered prices, or (2) to place shipment in transit in the case of
f.o.b. origin prices.

\(b\) Delivery is required to be made at the point(s) specified within
\_\_\_\_\_\_days after receipt of order.

(End of clause)

[Alternate I (SEP 1999)]{.underline}. If it is necessary to show
different delivery times for different items or groups of items, the
Contracting Officer may substitute the following paragraph (b) for
paragraph (b) of the basic clause.

\(b\) Delivery is required to be made at the point(s) specified within
the number of calendar days after receipt of order as indicated below:

ITEMS OR GROUPS OF ITEMS REQUIRED DELIVERY\
([Special Item Numbers or Nomenclature)]{.underline} [TIME (DAYS ARO)\
]{.underline}
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**552.211-70 Reserved.**

GSAM\
APD 2800.12B, Change 3, 7-24-2000 (CHGE 4) H-7

**552.211-71 Standard References.**

As prescribed in 511.204(a), insert the following clause:

STANDARD REFERENCES (SEP 1999)

\(a\) All documents and publications (such as, but not limited to,
manuals, handbooks, codes, standards and specifications) cited in this
contract for the purpose of establishing requirements applicable to
equipment, materials, or workmanship under this contract, shall be
deemed to be incorporated herein as fully as if printed and bound with
the specifications of this contract, in accordance with the following:

\(1\) Wherever reference is made to Standard Specifications of the
Public Buildings Service, Interim Federal Specifications, Interim
Amendments to Federal Specifications, Interim Federal Standards, or
Interim Amendments to Federal Standards, the Contractor shall comply
with the requirements set out in the issue or edition identified in this
contract.

\(2\) Wherever reference is made to any such document other than those
specified in subparagraph (1) above, the Contractor shall comply with
the requirements set out in the edition specified in this contract, or
if not specified, the latest edition or revision thereof, as well as the
latest amendment or supplement thereto, in effect on the date of the
solicitation on this project, except as modified by, as otherwise
provided in, or as limited to type, class or grade, by the
specifications of this contract.

\(b\) Upon request the Contractor shall make available at the job site
within a reasonable time, a copy of each trade manual and standard which
is incorporated by reference in this contract and which governs quality
and workmanship.

(End of clause)

GSAM\
H-8 (CHGE 4) APD 2800.12B

**552.211-72 Reference to Specifications in Drawings.**

As prescribed in 511.204(b), insert the following clause:

REFERENCES TO SPECIFICATIONS IN DRAWINGS (FEB 1996)

If military or other drawings are made a part of this contract, any
reference in the drawings to Federal specifications or standards will be
considered to be a reference to the date of such Federal specification
or standard identified in the contract. If the date of the Federal
specification or standard is not identified in the contract, the
edition, including re­visions thereto, in effect on the date the
solicitation is issued will apply.

(End of clause)

**552.211-73 Marking.**

As prescribed in 511.204(c)(1), insert the following clause:

MARKING (FEB 1996)

\(a\) [General requirements]{.underline}. Interior packages, if any, and
exterior shipping containers shall be marked as specified elsewhere in
the contract. Additional marking requirements may be specified on
delivery orders issued under the contract. If not otherwise specified,
interior packages and exterior shipping containers shall be marked in
accordance with the following standards:

\(1\) [Deliveries to civilian activities]{.underline}. Supplies shall be
marked in accordance with Federal Standard 123, edition in effect on the
date of issuance of the solicitation.

\(2\) [Deliveries to military activities]{.underline}. Supplies shall be
marked in accordance with Military Standard 129, edition in effect on
the date of issuance of the solicitation.

\(b\) [Improperly marked material]{.underline}. When Government
inspection and acceptance are at destination, and delivered supplies are
not marked in accordance with contract requirements, the Government has
the right, without prior notice to the Contractor, to perform the
required marking, by contract or otherwise, and charge the Contractor
therefore at the rate specified elsewhere in this contract. This right
is not exclusive, and is in addition to other rights or remedies
provided for in this contract.

(End of clause)

GSAM\
APD 2800.12B (CHGE 4) H-9

**552.211-74 Charges for Marking.**

As prescribed in 511.204(c)(2), insert a clause substantially as
follows:

CHARGES FOR MARKING (FEB 1996)

The rate provided for in paragraph (b) of 552.211-73, Marking, is
\$\_\_\_[\*]{.underline}\_\_\_ per man-hour or fraction thereof.

(End of clause)

\**The rate to be inserted in the above clause shall be determined and
published by the Commissioner, Federal Supply Service, or a designee*.

**552.211-75 Preservation, Packaging and Packing.**

As prescribed in 511.204(c)(3), insert the following clause:

PRESERVATION, PACKAGING, AND PACKING (FEB 1996)

Unless otherwise specified, all items shall be preserved, packaged, and
packed in accordance with normal commercial practices, as defined in the
applicable commodity specification. Packaging and packing shall comply
with the requirements of the Uniform Freight Classification and the
National Motor Freight Classification (issue in effect at time of
shipment) and each shipping container of each item in a shipment shall
be of uniform size and content, except for residual quantities. Where
special or unusual packing is specified in an order, but not
specifically provided for by the contract, such packing details must be
the subject of an agreement independently arrived at between the
ordering agency and the Contractor.

(End of clause)

[Alternate I (MAY 2003).]{.underline} As prescribed at 511.204(c)(3),
insert the following sentence in place of the last sentence of the
clause:

Where special or unusual packing is specified in an order, but not
specifically provided for by the contract, such packing details must be
the subject of an agreement independently arrived at between the
ordering activity and the Contractor.

**552.211-76 Charges for Packaging and Packing.**

As prescribed in 511.204(c)(4), insert a clause substantially as
follows:

CHARGES FOR PACKAGING AND PACKING (FEB 1996)

If supplies shipped to a GSA wholesale distribution center are not
packaged and packed in accordance with contract requirements, the
Government has the right, without prior notice to the Contractor, to
perform the required repackaging/repacking, by contract or otherwise,
and charge

GSAM

H-10 APD 2800.12B, CHGE 4, 5-7-2003

the Contractor therefor at the rate of \$\_\_\_[\*]{.underline}\_\_ per
man-hour or fraction thereof. The Contractor will also be charged for
material costs, if incurred. This right is not exclusive, and is in
addition to other rights or remedies provided for in this contract.

(End of clause)

\**The rate to be inserted in the above clause shall be determined by
the Commissioner, Federal Supply Service, or a designee*.

**552.211-77 Packing List.**

As prescribed in 511.204(d), insert the following clause:

PACKING LIST (FEB 1996)

\(a\) A packing list or other suitable shipping document shall accompany
each shipment and shall indicate:

\(1\) Name and address of the consignor;

\(2\) Name and complete address of the consignee;

\(3\) Government order or requisition number;

\(4\) Government bill of lading number covering the shipment (if any);
and

\(5\) Description of the material shipped, including item number,
quantity, number of containers, and package number (if any).

\(b\) When payment will be made by Government commercial credit card, in
addition to the information in (a) above, the packing list or shipping
document shall include:

\(1\) Cardholder name and telephone number and

\(2\) The term \"Credit Card.\"

(End of clause)

[Alternate I (MAY 2003)]{.underline}. As prescribed at 511.204(d),
substitute the following paragraphs (a)(3) and (b) for (a)(3) and (b) of
the basic clause:

(a)(3) Ordering activity order or requisition number;

\(b\) When payment will be made by Ordering activity commercial credit
card, in addition to the information in (a) above, the packing list or
shipping document shall include:

\(1\) Cardholder name and telephone number; and

\(2\) The term "Credit Card."

GSAM\
APD 2800.12B, CHGE 4, 5-7-2003 H-11

**552.211-78 Commercial Delivery Schedule (Multiple Award Schedule).**

As prescribed in 511.404(a)(2), insert the following clause:

COMMERCIAL DELIVERY SCHEDULE (MULTIPLE AWARD SCHEDULE) (FEB 1996)

\(a\) [Time of Delivery]{.underline}. The Contractor shall deliver to
destination within the number of calendar days after receipt of order
(ARO) in the case of F.O.B. Destination prices, or to place of shipment
in transit in the case of F.O.B. Origin prices, as set forth below.
Offerors shall insert in the \"Time of Delivery (days ARO)\" column in
the schedule of Items a definite number of calendar days within which
delivery will be made. In no case shall the offered delivery time exceed
the Contractor\'s normal commercial practice. The Government requires
the Contractor\'s normal commercial delivery time, as long as it is less
than the \"STATED\" delivery time(s) shown below. If the Offeror does
not insert a delivery time in the schedule of items, the Offeror will be
deemed to offer delivery in accordance with the Government\'s stated
delivery time as stated below:

ITEMS OR GROUP OF ITEMS GOVERNMENT\'S STATED CONTRACTOR\'S\
(Special Item Number or DELIVERY TIME NORMAL COMMERCIAL\
Nomenclature) (DAYS ARO) DELIVERY TIME\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(b\) [Expedited Delivery Times]{.underline}. For those items that can
be delivered quicker than the delivery times in paragraph (a), above,
the Offeror is requested to insert below, a time (hours/days ARO) that
delivery can be made when expedited delivery is requested.

ITEM OR GROUP OF ITEMS EXPEDITED DELIVERY TIME\
(Special Item Number or Nomenclature) (HOURS/DAYS ARO)\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(c\) Overnight and 2-Day Delivery Times. Ordering activities may
require overnight or 2-day delivery. The Offeror is requested to
annotate its price list or by separate attachment identify the items
that can be delivered overnight or within 2-days. Contractors offering
such delivery services will be required to state in the cover sheet to
its FSS price list details concerning this service.

(End of clause)

GSAM\
H-12 (CHGE 4) APD 2800.12B, 9-1-99

\(2\) Other Federal agencies.

\(3\) Mixed-ownership Government corporations.

\(4\) The District of Columbia.

\(5\) Government contractors authorized in writing by a Federal agency
pursuant to 48 CFR 51.1.

\(6\) Other activities and organizations authorized by statute or
regulation to use GSA as a source of supply.

[Alternate III (MAY 2003).]{.underline} As prescribed in 516.506(c),
substitute the following paragraphs (a), (c), and (d) for paragraphs
(a), (c), and (d) of the basic clause:

\(a\) See 552.238-78, Scope of Contract (Eligible Ordering Activities),
for who may order under this contract.

\(c\) If the Contractor agrees, GSA\'s Federal Supply Service (FSS) will
place orders for eligible ordering activities, as defined in paragraph
(a) of the clause at 552.238-78, by EDI using computer-to-computer EDI.
If computer-to-computer EDI is not possible, FSS will use an alternative
EDI method allowing the Contractor to receive orders by facsimile
transmission. Subject to the Contractor\'s agreement, other eligible
ordering activities, as defined in paragraphs (a) and (b) of the clause
at 552.238-78, may also place orders by EDI.

\(d\) When computer-to-computer EDI procedures will be used to place
orders, the Contractor shall enter into one or more Trading Partner
Agreements (TPA) with each ordering activity placing orders
electronically in order to ensure mutual understanding by the parties of
certain electronic transaction conventions and to recognize the rights
and responsibilities of the parties as they apply to this method of
placing orders. The TPA must identify, among other things, the third
party provider(s) through which electronic orders are placed, the
transaction sets used, security procedures, and guidelines for
implementation. Ordering activities may obtain a sample format to
customize as needed from the office specified in paragraph (g) of this
clause.

**552.216-73 Ordering Information.**

As prescribed in 516.506(c), insert the following provision:

ORDERING INFORMATION (SEP 1999)

\(a\) In accordance with the Placement of Orders clause of this
solicitation, the offeror elects to receive orders placed by GSA\'s
Federal Supply Service (FSS) by either facsimile transmission or
computer-to-computer Electronic Data Interchange (EDI).

GSAM\
APD 2800.12B, CHGE 4, 5-7-2003 H-31

\(b\) An offeror electing to receive computer-to-computer EDI is
requested to indicate below the name, address, and telephone number of
the representative to be contacted regarding establishment of an EDI
interface.

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

\(c\) An offeror electing to receive orders by facsimile transmission is
requested to indicate below the telephone number(s) for facsimile
transmission equipment where orders should be forwarded.

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

\(d\) For mailed orders, the offeror is requested to include the postal
mailing address(es) where paper form orders should be mailed.

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

(End of provision)

[Alternate I (SEP 1999)]{.underline}. As prescribed in 516.506(b),
delete paragraph (d) of the basic provision.

[Alternate II (SEP 1999)]{.underline}. As prescribed in 516.506(b), add
the following paragraph (e) to the basic provision:

\(e\) Offerors marketing through dealers are requested to indicate below
whether those dealers will be participating in the proposed contract.

YES ( ) NO ( )

If \"yes\" is checked, ordering information to be inserted above shall
reflect that in addition to offeror\'s name, address, and facsimile
transmission telephone number, orders can be addressed to the offeror\'s
name, c/o nearest local dealer. In this event, two copies of a list of
participating dealers shall accompany this offer, and shall also be
included in Contractor\'s Federal Supply Schedule pricelist.

GSAM

H-32 (CHGE 4) APD 2800.12B

**552.217-70 Evaluation of Options.**

As prescribed in 517.208(a), insert the following provision:

EVALUATION OF OPTIONS (AUG 1990)

\(a\) The Government will evaluate offers for award purposes by
determining the lowest base period price. When option year pricing is
based on a formula (e.g., changes in the Producer Price Index or other
common standard); option year pricing is automatically considered when
evaluating the base year price, as any change in price will be uniformly
related to changes in market conditions. All options are therefore
considered to be evaluated. Evaluation of options will not obligate the
Government to exercise the option(s).

\(b\) The Government will reject the offer if exceptions are taken to
the price provisions of the Economic Price Adjustment clause, unless the
exception results in a lower maximum option year price. Such offers will
be evaluated without regard to the lower option year(s) maximum.
However, if the offeror offering a lower maximum is awarded a contract,
the award will reflect the lower maximum.

**552.217-71 Notice Regarding Option(s).**

As prescribed in 517.208(b), insert the following provision:

NOTICE REGARDING OPTION(S) (NOV 1992)

The General Services Administration (GSA) has included an option to
\[*Insert \"purchase additional quantities of supplies or services\" or
\"extend the term of this contract\" or \"purchase additional quantities
of supplies or services and to extend the term of this contract\"\]* in
order to

(The next page is H-33.)

GSAM\
APD 2800.12B (CHGE 4) H-32.1

(Blank page)

\(b\) Unless otherwise specified in this contract, the Government will
make payment on partial deliveries accepted by the Government if either:

\(1\) The amount due on the deliveries warrants it.

\(2\) The Contractor requests it and the amount due on the deliveries is
at least \$1,000 or 50 percent of the total contract price.

\(c\) When processing payment, GSA's Finance Office will automatically
generate the 12 digit invoice number using the ACT number assigned to
the contract, followed by an abbreviated month and year of service
(e.g., 84261554JUN7, for June 1997). The ACT number appears on the
contract award document.

(End of clause)

**552.232-8 Discounts for Prompt Payment.**

As prescribed in 532.206, insert the following clause:

DISCOUNTS FOR PROMPT PAYMENT (APR 1989) (DEVIATION FAR 52.232-8)

\(a\) Discounts for early payment (hereinafter referred to as
\"discounts\" or \"the discount\") will be considered in evaluating the
relationship of the offeror\'s concessions to the Government vis-a-vis
the offeror\'s concessions to its commercial customers, but only to the
extent indicated in this clause.

\(b\) Discounts will not be considered to determine the low offeror in
the situation described in the \"Offers on Identical Products\"
provision of this solicitation.

\(c\) Uneconomical discounts will not be considered as meeting the
criteria for award established by the Government. In this connection, a
discount will be considered uneconomical if the annualized rate of
return for earning the discount is lower than the \"value of funds\"
rate established by the Department of the Treasury and published
quarterly in the Federal Register. The \"value of funds\" rate applied
will be the rate in effect on the date specified for the receipt of
offers.

\(d\) Agencies required to use the resultant schedule will not apply the
discount in determining the lowest delivered price pursuant to the FPMR,
41 CFR 101-26.408, if the agency determines that payment will probably
not be made within the discount period offered. The same is true if the
discount is considered uneconomical at the time of placement of the
order.

\(e\) Discounts for early payment may be offered either in the original
offer or on individual invoices submitted under the resulting contract.
Discounts offered will be taken by the Government if payment is made
within the discount period specified.

\(f\) Discounts that are included in offers become a part of the
resulting contracts and are binding on the Contractor for all orders
placed under the contract. Discounts offered only on

GSAM\
APD 2800.12B (CHGE 4) H-45

individual invoices will be binding on the Contractor only for the
particular invoice on

which the discount is offered.

\(g\) In connection with any discount offered for prompt payment, time
shall be computed from the date of the invoice. For the purpose of
computing the discount earned, payment shall be considered to have been
made on the date which appears on the payment check or the date on which
an electronic funds transfer was made.

(End of clause)

[Alternate I (MAY 2003).]{.underline} As prescribed in 532.206(a),
remove paragraph (d) and redesignate paragraphs (e), (f), and (g) as
(d), (e), and (f), respectively.

**552.232-23 Assignment of Claims.**

As prescribed in 532.806, insert the following clause:

ASSIGNMENT OF CLAIMS (SEP 1999)

Because this is a requirements or indefinite quantity contract under
which more than one agency may place orders, paragraph (a) of the
Assignment of Claims clause (FAR 52.232-23) is inapplicable and the
following is substituted therefor:

In order to prevent confusion and delay in making payment, the
Contractor shall not assign any claim(s) for amounts due or to become
due under this contract. However, the Contractor is permitted to assign
separately to a bank, trust company, or other financial institution,
including any Federal lending agency, under the provisions of the
Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15
(hereinafter referred to as \"the Act\"), all amounts due or to become
due under any order amounting to \$1,000 or more issued by any
Government agency under this contract. Any such assignment takes effect
only if and when the assignee files written notice of the assignment
together with a true copy of the instrument of assignment with the
contracting officer issuing the order and the finance office designated
in the order to make payment. Unless otherwise stated in the order,
payments to an assignee of any amounts due or to become due under any
order assigned may, to the extent specified in the Act, be subject to
reduction or set-off.

(End of clause)

**552.232-25 Prompt Payment.**

As prescribed in 532.908(a)(2), insert the following clause:

PROMPT PAYMENT (JUL 1998) (DEVIATION FAR 52.232-25)

Notwithstanding any other payment clause in this contract, the
Government will make invoice payments and contract financing payments
under the terms and conditions specified in this

GSAM

H-46 APD 2800.12B, CHGE 4, 5-7-2003

\(c\) 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 (MAR 2000)]{.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.

**552.232-78 Payment Information.**

As prescribed in 532.908(c), insert the following clause:

PAYMENT INFORMATION (JUL 2000)

The General Services Administration (GSA) makes information on contract
payments available electronically at http://www.finance.gsa.gov. The
Contractor may register at the site and review its record of payments.
This site provides information only on payments made by GSA, not by
other agencies.

(End of clause)

GSAM\
APD 2800.12B, CHGE 3, 7-24-2002 (CHGE 4) H-61

**552.232-79 Payment by Credit Card.**

As prescribed in 532.7003(c) insert the following clause:

**PAYMENT BY CREDIT CARD (MAY 2003)**

\(a\) Definitions.

"Credit card" means any credit card used to pay for purchases, including
the Governmentwide Commercial Purchase Card.

"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.

\(b\) The Contractor must accept the credit 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 credit
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.

\(d\) 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.

\(e\) Payments made using the Governmentwide commercial purchase card
are not eligible for any negotiated prompt payment discount. Payment
made using an ordering activity debit card will receive the applicable
prompt payment discount.

(End of clause)

GSAM\
H-62 APD 2800.12B, CHGE 4, 5-7-2003

**552.232-81 Payments by Non-Federal Ordering Activities.**

As prescribed in 532.206(b), insert the following clause:

**PAYMENTS BY NON-FEDERAL ORDERING ACTIVITIES (MAY 2003)**

If eligible non-federal ordering activities are subject to a State
prompt payment law, the terms and conditions of the applicable State law
apply to the orders placed under this contract by such activities. If
eligible non-federal ordering activities are not subject to a State
prompt payment law, the terms and conditions of the Federal Prompt
Payment Act as reflected in Federal Acquisition Regulation clause
52.232-25, Prompt Payment, or 52.212-4, Contract Terms and
Conditions---Commercial Items, apply to such activities in the same
manner as to Federal ordering activities.

(End of clause)

**552.232-82 Contractor's Remittance (Payment) Address.**

As prescribed in 532.206(c), insert the following provision:

**CONTRACTOR'S REMITTANCE (PAYMENT) ADDRESS (MAY 2003)**

\(a\) Payment by electronic funds transfer (EFT) is the preferred method
of payment. However, under certain conditions, the ordering activity may
elect to make payment by check. The offeror shall indicate below the
payment address to which checks should be mailed for payment of proper
invoices submitted under a resultant contract.

PAYMENT ADDRESS: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(b\) Offeror shall furnish by attachment to this solicitation, the
remittance (payment) addresses of all authorized participating dealers
receiving orders and accepting payment by check in the name of the
Contractor in care of the dealer, if different from their ordering
address(es) specified elsewhere in this solicitation. If a dealer's
ordering and remittance address differ, both must be furnished and
identified as such.

\(c\) All offerors are cautioned that if the remittance (payment)
address shown on an actual invoice differs from that shown in paragraph
(b) of this provision or on the attachment, the remittance address(es)
in paragraph (b) of this provision or attached will govern. Payment to
any other address, except as provided for through EFT payment methods,
will require an administrative change to the contract.

> GSAM\
> APD 2800.12B, CHGE 4, 5-7-2003 H-63

NOTE: All orders placed against a Federal Supply Schedule contract are
to be paid by the individual ordering activity placing the order. Each
order will cite the appropriate ordering activity payment address, and
proper invoices should be sent to that address. Proper invoices should
be sent to GSA only for orders placed by GSA. Any other ordering
activity's invoices sent to GSA will only delay your payment.

(End of provision)

**552.232-83 Contractor's Billing Responsibilities.**

As prescribed in 532.206(d), insert the following clause:

CONTRACTOR'S BILLING RESPONSIBILITIES (MAY 2003)

The Contractor is required to perform all billings made pursuant to this
contract. However, if the Contractor has dealers that participate on the
contract and the billing/payment process by the Contractor for sales
made by the dealer is a significant administrative burden, the following
alternative procedures may be used. Where dealers are allowed by the
Contractor to bill ordering activities and accept payment in the
Contractor's name, the Contractor agrees to obtain from all dealers
participating in the performance of the contract a written agreement,
which will require dealers to---

\(1\) Comply with the same terms and conditions regarding prices as the
Contractor for sales made under the contract;

\(2\) Maintain a system of reporting sales under the contract to the
manufacturer, which includes---

\(i\) The date of sale;

\(ii\) The ordering activity to which the sale was made;

\(iii\) The service or product/model sold;

\(iv\) The quantity of each service or product/model sold;

\(v\) The price at which it was sold, including discounts; and

\(vi\) All other significant sales data.

\(3\) Be subject to audit by the Government, with respect to sales made
under the contract; and

\(4\) Place orders and accept payments in the name of the Contractor in
care of the dealer.

An agreement between a Contractor and its dealers pursuant to this
procedure will not establish privity of contract between dealers and the
Government.

(End of clause)

GSAM\
H-64 APD 2800.12B, CHGE 4, 5-7-2003

**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.

\(b\) 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.

GSAM\
APD 2800.12B (CHGE 4) H-64.1

\(vii\) 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.

\(e\) 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.

GSAM\
H-64.2 (CHGE 4) APD 2800.12B

\(i\) The deciding official will resolve the protest through informal
presentations or meetings to the maximum extent practicable.

\(j\) 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 Contracting Officer may, at any
time during the performance of this contract, vest in any

GSAM\
APD 2800.12B (CHGE 4) H-64.3

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\
H-64.4 (CHGE 4) APD 2800.12B

\(ii\) The Authorized FSS Schedule Pricelist on a common-use electronic
medium.

The Contracting Officer will provide detailed instructions for the
electronic submission with the award notification. Some structured data
entry in a prescribed format may be required.

\(2\) The Contractor shall provide to each addressee on the mailing list
either:

\(i\) One paper copy of the Authorized FSS Schedule Price List; or

\(ii\) A self-addressed, postage-paid envelope or postcard to be
returned by addressees that want to receive a paper copy of the
pricelist. The Contractor shall distribute price lists within 20
calendar days after receipt of returned requests.

\(3\) The Contractor shall advise each addressee of the availability of
pricelist information through the on-line Multiple Award Schedule
electronic data base.

\(d\) The Contractor shall make all of the distributions required in
paragraph (c) at least 15 calendar days before the beginning of the
contract period, or within 30 calendar days after receipt of the
Contracting Officer\'s approval for printing, whichever is later.

\(e\) During the period of the contract, the Contractor shall provide
one copy of its Authorized FSS Schedule Pricelist to any authorized
schedule user, upon request. Use of the mailing list for any other
purpose is not authorized.

(End of clause)

[Alternate I (MAY 2003).]{.underline} As prescribed in 538.273(a)(2),
substitute the following paragraph (a) for paragraph (a) of the basic
clause:

\(a\) [Definition.]{.underline} For the purposes of this clause, the
Mailing List is \[*Contracting officer shall insert either: "the list of
addressees provided to the Contractor by the Contracting Officer" or
"the Contractor\'s listing of its ordering activity customers"*\].

**552.238-72 Identification of Energy-Efficient Office Equipment and
Supplies Containing\
Recovered Materials or Other Environmental Attributes.**

As prescribed in 538.273(a)(3), insert the following clause:

IDENTIFICATION OF ENERGY-EFFICIENT OFFICE EQUIPMENT AND SUPPLIES
CONTAINING RECOVERED MATERIALS OR OTHER ENVIRONMENTAL ATTRIBUTES (SEP
1999)

\(a\) [Definitions]{.underline}. \"Energy-efficient office equipment,\"
as used in this clause, means office equipment that, in representative
use, provides equivalent or better performance and value to users, but
uses significantly less energy than most functionally equivalent models.

"Recovered materials,\" as used in this clause, means waste material and
by-products which have been recovered or diverted from solid waste, but
such term does not include those

GSAM\
APD 2800.12B CHGE 4, 5-7-2003 H-77

materials and by-products generated from, and commonly reused, within an
original manufacturing process (42 U.S.C. 6903(19)). For paper, it also
includes postconsumer materials, and manufacturing and certain other
wastes. (42 U.S.C. 6962(h)).

\"Remanufactured products,\" as used in this clause, means equipment or
parts that have been factory remanufactured or rebuilt to meet new
equipment or part performance specifications and have had no use
subsequent to their remanufacture.

\(b\) The offeror shall identify in its offer and include in any
commercial catalogs and pricelists and any resultant Government catalogs
or pricelists submitted to the Contracting Officer, energy-efficient
office equipment and supplies that contain recovered material,
remanufactured products, or other environmental attributes. Examples of
energy-efficient office equipment are microcomputers and associated
equipment that meet the requirements of the Environmental Protection
Agency\'s (EPA\'s) Energy Star Computers Program. Supplies that contain
recovered materials and other environmental attributes include, but are
not limited to, products identified in EPA procurement guidelines (40
CFR Subchapter I) and products that are either degradable, ozone safe,
recyclable, contain low volatile organic content compounds, contribute
to source reduction, or otherwise are designed or manufactured to
achieve environmental improvement. For example, an offeror can identify
products that are safe or safer alternatives for more toxic or hazardous
products and products that can be substituted for ones manufactured with
toxic or hazardous materials. Such supplies shall satisfy the guidance
contained in 16 CFR Part 260, Guides for the Use of Environmental
Marketing Claims.

\(c\) An offeror, in identifying an item with an environmental
attribute, shall possess evidence or rely upon a reasonable basis to
substantiate the claim (see 16 CFR 260.5). The Government will accept an
offeror\'s claim of an item\'s environmental attribute on the basis
of---

\(1\) Participation in a Federal agency sponsored program, e.g., EPA\'s
Energy Star Computer program;

\(2\) Verification by an independent organization that specializes in
certifying such claims; or

\(3\) Possession of competent and reliable evidence. For any test,
analysis, research, study or other evidence to be \"competent and
reliable,\" it must have been conducted and evaluated in an objective
manner by persons qualified to do so, using procedures generally
accepted in the profession to yield accurate and reliable results.

(End of clause)

**552.238-73 Cancellation**

As prescribed in 538.273(a)(4), insert the following clause:

CANCELLATION (SEP 1999)

Either party may cancel this contract in whole or in part by providing
written notice. The cancellation will take effect 30 calendar days after
the other party receives the notice of

GSAM\
H-78 (CHGE 4) APD 2800.12B

\(d\) There shall be no price reduction for sales \--

\(1\) To commercial customers under firm, fixed-price definite quantity
contracts with specified delivery in excess of the maximum order
threshold specified in this contract;

\(2\) To Federal agencies; or

\(3\) Caused by an error in quotation or billing, provided adequate
documentation is furnished by the Contractor to the Contracting Officer.

\(e\) The Contractor may offer the Contracting Officer a voluntary
Governmentwide price reduction at any time during the contract period.

\(f\) The Contractor shall notify the Contracting Officer of any price
reduction subject to this clause as soon as possible, but not later than
15 calendar days after its effective date.

\(g\) The contract will be modified to reflect any price reduction which
becomes applicable in accordance with this clause.

(End of clause)

[Alternate I (MAY 2003).]{.underline} As prescribed in 538.273(b)(2),
substitute the following paragraph (c)(2) for paragraph (c)(2) of the
basic clause, and substitute the following paragraph (d)(2) for
paragraph (d)(2) of the basic clause.

(c)(2) The Contractor shall offer the price reduction to the eligible
ordering activities with the same effective date, and for the same time
period, as extended to the commercial customer (or category of
customers).

(d)(2) To eligible ordering activities under this contract; or

**552.238-76 Industrial Funding Fee.**

As prescribed in 538.273(b)(3), insert the following clause:

INDUSTRIAL FUNDING FEE (SEP 1999)

\(a\) The Contractor must pay the Federal Supply Service, GSA, an
industrial funding fee (IFF). The Contractor must remit the IFF in U.S.
dollars within 30 days after the end of each quarterly reporting period
as established in clause 552.238-74, Contractor\'s Report of Sales. The
IFF equals \_\_\_\_\_\* of total quarterly sales reported. The IFF
reimburses the GSA Federal Supply Service for the costs of operating the
Federal Supply Schedules Program and recoups its operating costs from
ordering activities. Offerors must include the IFF in their prices. The
fee is included in the award price(s) and reflected in the total amount
charged to ordering activities.

\(b\) The Contractor must remit any monies due as a result of the
close-out report required by Clause 552.238-74 at the time the close-out
report is submitted to GSA.

GSAM\
APD 2800.12B, CHGE 4, 5-7-2003 H-81

\(c\) The Contractor must pay the IFF amount due by check, or electronic
funds transfer through the Automated Clearing House (ACH), to the
\"General Services Administration.\" If the payment involves multiple
special item numbers or contracts, the Contractor may consolidate the
IFFs into one payment. To ensure that the payment is credited properly,
the Contractor must identify the check or electronic transmission as an
\"Industrial Funding Fee\" and include the following information:
contract number(s); report amount(s); and report period(s). If the
Contractor makes payment by check, provide this information on either
the check, check stub, or other remittance material.

\(1\) If paying the IFF by check, the Contractor must forward the check
to the following address:

General Services Administration\
Accounts Receivable Branch\
P.O. Box 70500\
Chicago, IL 60673-0500

\(2\) If paying by electronic funds transfer through the ACH, the
Contractor must call GSA, Financial Information Control Branch,
Receivables, Collections and Sales Section (6BCDR) at \[*Contracting
Officer to insert phone number*\] to make arrangements.

\(d\) If the full amount of the IFF is not paid within 30 calendar days
after the end of the applicable reporting period, it constitutes a
contract debt to the United States Government under the terms of FAR
32.6. The Government may exercise all rights under the Debt Collection
Act of 1982, including withholding or setting off payments and interest
on the debt (see FAR 52.232-17, Interest).

\(e\) If the Contractor fails to submit sales reports, falsifies sales
reports, or fails to pay the IFF in a timely manner, the Government may
terminate or cancel this contract. Willful failure or refusal to furnish
the required reports, falsification of sales reports, or failure to pay
the IFF timely constitutes sufficient cause for terminating the
Contractor for cause under the termination provisions of this contract.

(End of clause)

\* The Commissioner, Federal Supply Service, or a designee determines
and provides to contracting officers the percentage amount of the fee to
insert in the above clause.

**552.238-77 Definition (Federal Supply Schedules).**

As prescribed in 538.7004(a), insert the following clause:

DEFINITION (FEDERAL SUPPLY SCHEDULES) (MAY 2003)

Ordering activity (also called "ordering agency" and "ordering office")
means an eligible ordering activity (see 552.238-78) authorized to place
orders under Federal Supply Schedule contracts.

(End of clause)

GSAM

H-82 APD 2800.12B, CHGE 4, 5-7-2003

**552.238-78 Scope of Contract (Eligible Ordering Activities).**

As prescribed in 538.7004(b), insert the following clause:

SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (MAY 2003)

\(a\) This solicitation is issued to establish contracts which may be
used on a nonmandatory basis by the agencies and activities named below,
as a source of supply for the supplies or services described herein, for
delivery within the 48 contiguous States and Washington, D.C. For
Special Item Number 132-53 Wireless Services ONLY, limited geographic
coverage (consistent with the Offeror\'s commercial practice) may be
proposed. Resultant contracts may also be used for delivery to Alaska,
Hawaii, the Commonwealth of Puerto Rico, and overseas locations.

\(1\) Executive agencies (as defined in FAR Subpart 2.1) including
nonappropriated fund activities as prescribed in 41 CFR 101-26.000;

\(2\) Government contractors authorized in writing by a Federal agency
pursuant to FAR 51.1;

\(3\) Mixed ownership Government corporations (as defined in the
Government Corporation Control Act);

\(4\) Federal Agencies, including establishments in the legislative or
judicial branch of government (except the Senate, the House of
Representatives and the Architect of the Capitol and any activities
under the direction of the Architect of the Capitol).

\(5\) The District of Columbia;

\(6\) Tribal governments when authorized under 25 USC 450j(k);

\(7\) Qualified Nonprofit Agencies as authorized under 40 USC 502(b);
and

\(8\) Organizations, other than those identified in paragraph (b) of
this clause, authorized by GSA pursuant to statute or regulation to use
GSA as a source of supply.

\(b\) The following activities may place orders against information
technology schedule 70 contracts and Corporate Schedule contracts
containing information technology special item numbers, on an optional
basis; PROVIDED, the Contractor accepts order(s) from such activities:

State and local government, includes any state, local, regional or
tribal government or any instrumentality thereof (including any local
educational agency or institution of higher learning).

GSAM\
APD 2800.12B, CHGE 4, 5-7-2003 H-82.1

\(c\) Articles or services may be ordered from time to time in such
quantities as may be needed to fill any requirement, subject to the
Order Limitations thresholds which will be specified in resultant
contracts. Overseas activities may place orders directly with schedule
contractors for delivery to CONUS port or consolidation point.

\(d\) For orders received from activities within the Executive Branch of
the Government, each Contractor is obligated to deliver all articles or
services contracted for that may be ordered during the contract term,
except as otherwise provided herein.

\(e\) The Contractor is not obligated to accept orders received from
activities outside the Executive Branch; however, the Contractor is
encouraged to accept such orders. If the Contractor is unwilling to
accept such an order, the Contractor shall decline the order in
accordance with 552.238-79(b)(2). Failure to return an order shall
constitute acceptance whereupon all provisions of the contract shall
apply.

\(f\) The Government is obligated to purchase under each resultant
contract a guaranteed minimum of \$2,500 (two thousand, five hundred
dollars) during the contract term.

(End of clause)

**552.238-79 Use of Federal Supply Schedule Contracts by Certain
Entities---Cooperative Purchasing.**

As prescribed in 538.7004(c), insert the following clause:

USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY CERTAIN
ENTITIES---COOPERATIVE PURCHASING (MAY 2003)

\(a\) If an entity identified in paragraph (b) of the clause at
552.238-78, Scope of Contract (Eligible Ordering Activities), elects to
place an order under this contract, the entity agrees that the order
shall be subject to the following conditions:

\(1\) When the Contractor accepts an order from such an entity, a
separate contract is formed which incorporates by reference all the
terms and conditions of the Schedule contract except the Disputes
clause, the patent indemnity clause, and the portion of the Commercial
Item Contract Terms and Conditions that specifies "Compliance with laws
unique to Government contracts" (which applies only to contracts with
entities of the Executive branch of the U.S. Government). The parties to
this new contract which incorporates the terms and conditions of the
Schedule contract are the individual ordering activity and the
Contractor. The U.S. Government shall not be liable for the performance
or nonperformance of the new contract. Disputes which cannot be resolved
by the parties to the new contract may be litigated in any State or
Federal court with jurisdiction over the parties, applying Federal
procurement law, including statutes, regulations and case law, and, if
pertinent, the Uniform Commercial Code. To the extent authorized by law,
parties to this new contract are encouraged to resolve disputes through
Alternative Dispute Resolution.

GSAM

H-82.2 APD 2800.12B, CHGE 4, 5-7-2003

\(2\) Where contract clauses refer to action by a Contracting Officer or
a Contracting Officer of GSA, that shall mean the individual responsible
for placing the order for the ordering activity (*e.g.*, FAR 52.212-4 at
paragraph (f) and FSS clause I-FSS-249 B.)

\(3\) As a condition of using this contract, eligible ordering
activities agree to abide by all terms and conditions of the Schedule
contract, except for those deleted clauses or portions of clauses
mentioned in paragraph (a)(1) of this clause. Ordering activities may
include terms and conditions required by statute, ordinance, regulation
or order as a part of a statement of work (SOW) or statement of
objective (SOO) to the extent that these terms and conditions do not
conflict with the terms and conditions of the Schedule contract. The
ordering activity and the Contractor expressly acknowledge that, in
entering into an agreement for the ordering activity to purchase goods
or services from the Contractor, neither the ordering activity nor the
Contractor will look to, primarily or in any secondary capacity, or file
any claim against the United States or any of its agencies with respect
to any failure of performance by the other party.

\(4\) The ordering activity is responsible for all payments due the
Contractor under the contract formed by acceptance of the ordering
activity's order, without recourse to the agency of the U.S. Government,
which awarded the Schedule contract.

\(5\) The Contractor is encouraged, but not obligated, to accept orders
from such entities. The Contractor may, within 5 days of receipt of the
order, decline to accept any order, for any reason. The Contractor shall
fulfill orders placed by such entities, which are not declined within
the 5-day period.

\(6\) The supplies or services purchased will be used for governmental
purposes only and will not be resold for personal use. Disposal of
property acquired will be in accordance with the established procedures
of the ordering activity for the disposal of personal property.

\(b\) If the Schedule Contractor accepts an order from an entity
identified in paragraph (b) of the clause at 552.238-78, Scope of
Contract (Eligible Ordering Activities), the Contractor agrees to the
following conditions:

\(1\) The ordering activity is responsible for all payments due the
Contractor for the contract formed by acceptance of the order, without
recourse to the agency of the U.S. Government, which awarded the
Schedule contract.

\(2\) The Contractor is encouraged, but not obligated, to accept orders
from such entities. The Contractor may, within 5 days of receipt of the
order, decline to accept any order, for any reason. The contractor shall
decline the order using the same means as those (2) The Contractor is
encouraged, but not obligated, to accept orders from such entities. for
any reason. The Contractor is encouraged, but not obligated, to accept
orders from such entities. The Contractor may, within 5 days of receipt
of the order, decline to accept any order, for any reason. The
contractor shall decline the order using the same means as those used to
place the order. The Contractor shall fulfill orders placed by such
entities, which are not declined within the 5-day period.

GSAM\
APD 2800.12B, CHGE 4, 5-7-2003 H-82.3

\(c\) In accordance with clause 552.238-74, Contractor's Report of
Sales, the Contractor must report the quarterly dollar value of all
sales under this contract. When submitting sales reports, the contractor
must report two dollar values for each Special Item Number: (1) the
dollar value for sales to entities identified in paragraph (a) of the
clause at 552.238-78, Scope of Contract (Eligible Ordering Activities),
and (2) the dollar value for sales to entities identified in paragraph
(b) of clause 552.238-78.

(End of clause)

**552.242-70 Status Report of Orders and Shipments.**

As prescribed in 542.1107, insert the following clause:

STATUS REPORT OF ORDERS AND SHIPMENTS (APR 1992)

\(a\) The Contractor shall furnish to the Administrative Contracting
Officer (ACO) a report covering orders received and shipments made
during each calendar month of contract performance. The information
required by the Government shall be reported on GSA Form 1678, Status
Report of Orders and Shipments, in accordance with instructions on the
form. The information required by the GSA Form 1678 may also be
submitted in an automated printout form if authorized by the ACO.
Alternatively, the required information may be reported by electronic
data interchange using ANSI standards. For further information,

GSAM

H-82.4 APD 2800.12B, CHGE 4, 5-7-2003

\(f\) [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.

\(b\) [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:

GSAM\
APD 2800.12B (CHGE 4) H-99

\(1\) 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)

[ALTERNATE I (MAY 2003)]{.underline}. As prescribed in 546.710(b),
substitute the following paragraphs (b)(1) and (b)(3) for paragraphs
(b)(1) and (b)(3) of the basic clause:

(b)(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
ordering activity accepts the product.

(b)(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 ordering activity facility for the
purpose of repairing the product onsite, during the 90-day warranty
period.

**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

GSAM

H-100 APD 2800.12B, CHGE 4, 5-7-2003

\(iii\) 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.

\(2\) 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 (CHGE 4) 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 (CHGE 4) 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                                                                               

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

GSAM\
APD 2800.12B (CHGE 4) H-129

  --------- ------------ ---------------- ------------------------- --------- ---------- ----------- --------- --------- ---------- ----------
  **P/C**   **Number**   **Reference.**   **Title**                 **Sup**   **Serv**   **Const**   **A-E**   **SAT**   **Util**   **Leas**

  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                                                                  

  C         552.232-78   532.908(c)       Payment Information       R         R          R           R         R         R          R

  C         552.232-79   532.7003(c)      Payment by Credit Card    WR        WR                                                    

  C         552.232-81   532.206(b)       Payments by Non-Federal   WR        WR                                                    
                                          Ordering Activities                                                                       

  C         552.232-82   532.206(c)       Contractor's Remittance   WR        WR                                                    
                                          (Payment) Address                                                                         

  C         552.232-83   532.206(d)       Contractor's Billing      WR        WR                                                    
                                          Responsibilities                                                                          

  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, CHGE 4, 5-7-2003

  --------- ------------ ---------------- ------------------------- --------- ---------- ----------- --------- --------- ---------- ----------
  **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                                                                  

  C         552.238-73   538.273(a)(4)    Cancellation              WR        WR                                                    
  --------- ------------ ---------------- ------------------------- --------- ---------- ----------- --------- --------- ---------- ----------

GSAM\
APD 2800.12B (CHGE 4) H-131

  --------- ------------ ---------------- ------------------------- --------- ---------- ----------- --------- --------- ---------- ----------
  **P/C**   **Number**   **Reference.**   **Title**                 **Sup**   **Serv**   **Const**   **A-E**   **SAT**   **Util**   **Leas**

  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         552.238-77   538.7004(a)      Definition (Federal       WR        WR                                                    
                                          Supply Schedules)                                                                         

  C         552.238-78   538.7004(b)      Scope of Contract         WR        WR                                                    
                                          (Eligible Ordering                                                                        
                                          Activities)                                                                               

  C         552.238-79   538.7004(c)      Use of Federal Supply     WR        WR                                                    
                                          Schedule Contracts by                                                                     
                                          Certain                                                                                   
                                          Entities---Cooperative                                                                    
                                          Purchasing                                                                                

  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, CHGE 4, 5-7-2003