General Services Administration

Washington, DC 20405

APD 2800.12B, CHGE 3\
June 19, 2000

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\. GSA published a final rule in the Federal Register on July 5, 2000
(65 FR 41378) updating the General Services Administration Acquisition
Regulation (GSAR) for consistency with Federal Acquisition Regulation
(FAR) changes. In particular, FAR Parts 11 and 52 updated coverage on
use of brand name or equal purchase descriptions and FAR Part 25,
Foreign Acquisition, was reissued in its entirety. The rule also
provides a clause to notify contractors that GSA makes invoice payment
information available on the Internet.

b\. The Clinger-Cohen Act (41 U.S.C. section 37) requires each agency to
establish training policies and procedures for its acquisition
workforce. To comply with the Act, this change establishes training
requirements for every GSA employee appointed as a Contracting Officer
Representative.

c\. Federal Acquisition Circular (FAC) 97-15 established rules regarding
contract bundling. This change implements the new FAR requirements to
address contract bundling during acquisition planning.

d\. On March 15, 2000, GSA adopted GSA Order, U.S. General Services
Administration Affirmative Procurement Program (OGP 2851.1). The
Affirmative Procurement Program (APP) affects acquisition planning,
requirement development, and use of recovered materials. This change
updates the affected GSAM sections and provides a copy of the APP as an
appendix to Part 523.

e\. GSA replaced GSA Order, Freedom of Information Act procedures (ADM
1035.11B), with new guidance on processing and responding to Freedom of
Information Act (FOIA) requests. This changes updates references to
reflect the new FOIA procedures.

f\. SBA agreed to extend the Memorandum of Understanding giving GSA
direct 8(a) contracting authority. The extension has no expiration date.

Distribution: SPC 4048 Attachment

APD 2800.12B, CHGE 3

g\. GSAR 537.110 prescribes a provision and a clause addressing
qualifications for offerors on and contractor employees performing under
building services contracts. This change clarifies the prescription to
avoid any conflicts with contracts made under the Javits-Wagner-O\'Day
Act (JWOD).

3\. [Effective date]{.underline}. July 24, 2000.

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

a\. Corrects the Table of Contents for Subpart 505.2.

b\. Updates references in 501.106 for conformity with other revisions.

c\. Updates 501.603-2(c)(5) to require training for all Contracting
Officer Representatives.

d\. Corrects 501.603-2(f)(2) to remove Contract Formation II from the
list of courses which have no GSA equivalent.

e\. Updates 507 to address the APP and contract bundling considerations
during acquisition planning. At 507.107, it also authorizes the HCA to
make the determination under FAR 7.107(b) and establishes procedures for
delegating that authority.

f\. Revises 511 for consistency with FAR coverage on brand name or equal
purchase descriptions and to implement the APP. It also deletes the
provision at 552.211-70, which is replaced with coverage at FAR
52.211-6.

g\. Revises 512.301, 513.370-2, and 525 for consistency with the FAR
Part 25 rewrite, as transmitted in Federal Acquisition Circular (FAC)
97-15, December 27, 1999. The change also deletes the provision at
552.225-8 and the clause at 552.225-9, which are replaced with FAR
coverage in the rewrite, and updates the reference at 552.243-72.

h\. At 514.304, changes the section heading for consistency with the
FAR.

i\. At 515 and 524, updates references to GSA policy on processing and
responding to FOIA requests.

j\. At 519.870, extends GSA\'s direct 8(a) contracting authority.

k\. Provides GSA\'s Affirmative Procurement Program as Appendix 523A.

l\. At 532.908 and 552.232-78 prescribes a new clause to notify
contractors of the Internet site for information on contract payments
made by GSA.

m\. At 537.110, clarifies that the provision at 552.237-70 and the
clause at 552.237-71 do not apply to contract actions initiated under
the JWOD program.

APD 2800.12B, CHGE 3

n\. Makes editorial corrections at 519.705-4(a) and 519.1006-73(b), and
corrects the date of Alternate 1 at 552.232-77.

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

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

Table of Contents (TOC), iii thru viii same

TOC, xiii thru xvi same

A-1 thru A-4 same

A-13 thru A-14 same

A-17 thru A-18 same

B-9 thru B-12 B-9 thru B-12.1

B-23 thru B-29 same

C-3 thru C-4 same

C-15 thru C-16 same

C-21 thru C-22 same

C-35 thru C-36 same

D-7 thru D-8 same

D-17 thru D-18 same

D-25 and D-28 same

D-37 thru D-42 same

D-79 thru D-80 D-79 thru D-101

E-11 E-11 thru E-12

F-11 thru F-12 same

TOC, Subchapter H, i thru iv same

H-7 thru H-8 same

H-17 thru H-20 same

H-39 thru H-42 H-39 and H-42

H-61 thru H-64.1 same

H-85 thru H-86 same

H-127 thru H-130 same

David A. Drabkin

Deputy Associate Administrator

for Acquisition Policy

**PART 504 ADMINISTRATIVE MATTERS**

**504.1 Contract Execution**

504.101 Contracting officer\'s signature.

504.103 Contract clause.

**504.2 Contract Distribution**

504.201 Procedures.

504.203 Taxpayer identification number information.

**504.4 Safeguarding Classified Information Within Industry**

504.402 General.

504.470 Requests for release of classified information.

504.470-1 Authorization for release.

504.470-2 Termination of authorization for release.

504.471 Processing security requirements checklist (DD Form 254).

504.472 Periodic review.

504.473 Recurring procurement.

504.474 Control of classified information.

504.475 Return of classified information.

504.476 Breaches of security.

**504.5 Electronic Commerce in Contracting**

504.500 Scope of Subpart.

504.502 Policy.

504.570 Procedures for using the EPS.

**504.6 Contract Reporting**

504.602-70 General Services Administration Procurement Data System
(GPDS).

**504.8 Government Contract Files**

504.800 Scope of subpart.

504.802 Contract files.

504.803 Contents of contract files.

504.804-5 Detailed procedures for closing out contract files.

504.805 Storage, handling, and disposal of contract files.

**504.9 Information Reporting To the Internal Revenue Service**

504.903 Payment information.

**504.70 Uniform Procurement Instrument Identification**

504.7001 Uniform procurement instrument identification.

504.7001-1 Policy.

504.7001-2 Basic procurement instrument identification number.

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

504.7001-3 Order and call instrument identification number.

504.7001-4 Supplemental procurement instrument identification number.

504.7001-5 Codes for instrument identification numbers.

504.7002 Procurement contract register.

**APPENDIX 501A** Suggested Language For Certificates of Appointment For
Contracting Officer Warrant Program

**SUBCHAPTER B\--COMPETITION AND ACQUISITION PLANNING**

**PART 505 PUBLICIZING CONTRACT ACTIONS**

**505.1 Dissemination of Information**

505.101 Methods of disseminating information.

**505.2 Synopses of Proposed Contract Actions**

505.202 Exceptions

505.203 Publicizing and response time.

505.270 Synopsis of amendments to solicitations.

**505.3 Synopses of Contract Awards**

505.303 Announcement of contract awards.

505.303-70 Notification of proposed substantial awards and awards
involving congressional interest.

**505.4 Release of Information**

505.403 Requests from Members of Congress.

**505.5 Paid Advertisements**

505.502 Authority.

505.503 Procedures.

505.504 Use of advertising agencies.

**PART 506 COMPETITION REQUIREMENTS**

**506.2 Full and Open Competition After Exclusion of Sources**

506.202 Establishing or maintaining alternative sources.

**506.3 Other Than Full and Open Competition**

506.303 Justifications.

506.303-1 Requirements.

GSAM\
iv APD 2800.12B, Change 3, 07-24-2000

**PART 507 ACQUISITION PLANNING**

**507.1 Acquisition Plans**

507.101 Definitions.

507.102 Policy.

507.103 Agency-head responsibilities.

507.104 General procedures.

507.105 Contents of written acquisition plans.

507.107 Additional requirements for acquisitions involving bundling of
contract requirements.

**507.3 Contractor Versus Government Performance**

507.307 Appeals.

**507.5 Inherently Governmental Functions**

507.503 Policy.

**PART 508 REQUIRED SOURCES OF SUPPLIES AND SERVICES**

**508.6 Acquisition From Federal Prison Industries, Inc.**

508.604 Ordering procedures.

508.604-70 Delinquent delivery orders.

508.605 Clearances.

**508.7 Acquisition From Nonprofit Agencies Employing People Who Are
Blind Or Severely Disabled**

508.705 Procedures

508.705-4 Compliance with orders.

508.705-70 Adding items to the Procurement List.

508.705-71 Central non-profit agency performance capability.

508.706 Purchase exceptions.

**508.8 Acquisition of Printing and Related Supplies**

508.802 Policy.

**PART 509 CONTRACTOR QUALIFICATIONS**

**509.1 Responsible Prospective Contractors**

509.104 Standards.

509.104-3 Application of standards.

509.105 Procedures.

509.105-1 Obtaining information.

509.105-2 Determinations and documentation.

GSAM\
APD 2800.12B, Change 3, 07-24-2000 v

509.106 Preaward surveys.

509.106-2 Requests for preaward surveys.

**509.2 Qualifications Requirements**

509.206 Acquisitions subject to qualification requirements.

509.206-2 Contract clause.

**509.3 First Article Testing and Approval**

509.302 General.

509.306 Solicitation requirements.

509.308 Contract clauses.

509.308-1 Testing performed by the contractor.

509.308-2 Testing performed by the Government.

**509.4 Debarment, Suspension, and Ineligibility**

509.401 Applicability.

509.403 Definitions.

509.405 Effect of listing.

509.405-1 Continuation of current contracts.

509.405-2 Restrictions on subcontracting.

509.406 Debarment.

509.406-1 General.

509.406-3 Procedures.

509.407 Suspension.

509.407-1 General.

509.407-3 Procedures.

**509.5 Organizational and Consultant Conflicts of Interest**

509.503 Waiver.

**PART 510 MARKET RESEARCH \[RESERVED\]**

**PART 511 DESCRIBING AGENCY NEEDS**

511.001 Definitions.

511.002 Policy.

511.002-70 GSA Metric Program.

511.002-71 Construction metrication ombudsman.

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

**511.1 Selecting and Developing Requirements Documents**

511.103 Market acceptance.

511.104 Use of brand name or equal purchase descriptions.

511.104-70 Solicitation provisions.

GSAM\
vi APD 2800.12B, Change 3, 07-24-2000

**511.2 Using and Maintaining Requirements Documents**

511.204 Solicitation provisions and contract clauses.

**511.4 Delivery Or Performance Schedules**

511.401 General.

511.404 Contract clauses.

**PART 512 ACQUISITION OF COMMERCIAL ITEMS**

**512.2 Special Requirements For the Acquisition of Commercial Items**

512.203 Procedures for solicitation, evaluation, and award.

**512.3 Solicitation Provisions and Contract Clauses For the Acquisition
of Commercial Items**

512.301 Solicitation provisions and contract clauses for the acquisition
of commercial items.

512.302 Tailoring of provisions and clauses for the acquisition of
commercial items.

**APPENDIX 507A** Comprehensive Acquisition Planning, GSA Order APD
2800.13B

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

**PART 513 SIMPLIFIED ACQUISITION PROCEDURES**

513.003 Policy.

**513.1 Procedures**

513.106-1 Soliciting competition.

513.106-3 Award and documentation.

**513.3 Simplified Acquisition Methods**

513.301 Governmentwide commercial purchase card.

513.302 Purchase orders.

513.302-70 Purchase order and related forms.

513.303 Blanket purchase agreements (BPAs).

513.303-3 Preparation of BPAs.

513.305 Imprest funds and third party drafts.

513.305-2 Agency responsibilities.

513.305-3 Conditions for use.

513.305-4 Procedures.

513.307 Forms.

513.370 Certified invoice procedure.

513.370-1 Applicability.

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

513.370-2 Limitations.

513.370-3 Invoices.

**513.4 Fast Payment Procedure**

513.401 General.

**PART 514 SEALED BIDDING**

**514.2 Solicitation of Bids**

514.201 Preparation of invitations for bids.

514.201-1 Uniform contract format.

514.201-2 Part I - the Schedule.

514.201-6 Solicitation provisions.

514.201-7 Contract clauses.

514.201-70 GSA Form 1602.

514.202 General rules for solicitation of bids.

514.202-4 Bid samples.

514.203 Methods of soliciting bids

514.203-1 Transmittal to prospective bidders.

514.205 Solicitation mailing lists.

514.205-1 Establishment of lists.

514.211 Release of acquisition information.

514.213 Annual submission of representations and certifications.

514.270 Aggregate awards.

514.270-1 Definition.

514.270-2 Justification for use.

514.270-3 Evaluation factors for award.

514.270-4 Grouping line items for aggregate award.

514.270-5 Evaluation methodologies for aggregate awards.

514.270-6 Guidelines for using the weight factors method.

514.270-7 Guidelines for using the price list method.

**514.3 Submission of Bids**

514.303 Modification or withdrawal of bids.

514.304 Late bids, late modifications of bids, or late withdrawal of
bids.

514.370 Copies of bids required.

**514.4 Opening of Bids and Award of Contract**

514.401 Receipt and safeguarding of bids.

514.402 Opening of bids.

514.402-1 Unclassified bids.

514.403 Recording of bids.

514.404 Rejection of bids.

514.404-1 Cancellation of invitations after opening.

GSAM\
viii APD 2800.12B, Change 3, 07-24-2000

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

522.001 Definition.

**522.1 Basic Labor Policies**

522.101 Labor relations.

522.101-1 General.

522.101-3 Reporting labor disputes.

522.103 Overtime.

522.103-4 Approvals.

522.103-5 Contract clauses.

**522.3 Contract Work Hours and Safety Standards Act**

522.302 Liquidated damages and overtime pay.

**522.4 Labor Standards For Contracts Involving Construction**

522.404 Davis-Bacon Act wage determinations.

522.404-6 Modifications of wage determinations.

522.406 Administration and enforcement.

522.406-6 Payrolls and statements.

522.406-7 Compliance checking.

522.406-8 Investigations.

522.406-9 Withholding from or suspension of contract payments.

522.406-11 Contract terminations.

522.406-13 Semiannual enforcement reports.

**522.6 Walsh-Healey Public Contracts Act**

522.608 Procedures.

**522.8 Equal Employment Opportunity**

522.803 Responsibilities.

522.804 Affirmative action programs.

522.804-1 Nonconstruction.

522.805 Procedures.

522.807 Exemptions.

**522.10 Service Contract Act of 1965, As Amended**

522.1003 Applicability.

522.1003-3 Statutory exemptions.

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

522.1003-7 Questions concerning applicability of the Act.

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

522.1011 Response to notice by Department of Labor.

522.1011-2 Requests for status or expediting of response.

522.1021 Requests for hearing.

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

**522.13 Disabled Veterans and Veterans of the Vietnam Era**

522.1303 Waivers.

**522.14 Employment of Workers With Disabilities**

522.1403 Waivers.

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

**523.3 Hazardous Material Identification and Material Safety Data**

523.303 Contract clause.

523.370 Solicitation provision.

**523.4 Use of Recovered Materials**

523.403 Policy.

523.404 Procedures.

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

523.405 Solicitation provision and contract clause.

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

**524.1 Protection of Individual Privacy**

524.103 Procedures.

**524.2 Freedom of Information Act**

524.203 Policy.

**PART 525 FOREIGN ACQUISITION**

**525.1 Buy American Act \-- Supplies**

525.103 Exceptions

**525.2 Buy American Act - Construction Materials**

525.202 Exceptions.

**525.3 Balance of Payments Program**

525.302 Policy.

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

**525.5 Evaluating Foreign Offers \-- Supply Contracts**

525.570 Procurement of hand or measuring tools or stainless steel
flatware for DOD.

GSAM\
xiv APD 2800.12B, Change 3, 07-24-2000

**525.6 Trade Sanctions**

525.602 Exceptions.

**525.11 Solicitation Provisions and Contract Clauses.**

525.1101 Acquisition of supplies

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

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

**APPENDIX 519B** Subcontracting Plan Evaluation Checklist

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

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

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

**APPENDIX 523A** Affirmative Procurement Program

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

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

**527.4 Rights In Data and Copyrights**

527.409 Solicitation provisions and contract clauses.

**PART 528 BONDS AND INSURANCE**

**528.1 Bonds and Other Financial Protections**

528.101 Bid guarantees.

528.101-1 Policy on use.

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

528.102-1 General.

528.103 Performance and payment bonds for other than construction
contracts.

528.103-2 Performance bonds.

528.103-3 Payment bonds.

528.106 Administration.

528.106-6 Furnishing information.

**528.2 Sureties and Other Security For Bonds**

528.202 Acceptability of corporate sureties.

528.202-70 Acceptability of bonds and sureties.

528.203 Acceptability of individual sureties.

528.203-7 Exclusion of individual sureties.

528.204 Alternatives in lieu of corporate or individual sureties.

GSAM\
APD 2800.12B, Change 3, 07-24-2000 xv

**528.3 Insurance**

528.30l Policy.

528.310 Contract clause for work on a Government installation.

**PART 529 TAXES**

**529.4 Contract Clauses**

529.401 Domestic contracts.

529.401-70 Purchases made using simplified acquisition procedures.

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

**PART 530 COST ACCOUNTING STANDARDS ADMINISTRATION**

**530.2 CAS Program Requirements**

530.201-5 Waiver.

**PART 531 CONTRACT COST PRINCIPLES AND PROCEDURES**

**531.1 Applicability**

531.101 Objectives.

**PART 532 CONTRACT FINANCING**

**532.1 Non-Commercial Item Purchase Financing**

532.111 Contract clauses for non-commercial purchases.

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

532.112-1 Subcontractor assertions of nonpayment.

**532.2 Commercial Item Purchase Financing**

532.206 Solicitation provisions and contract clauses.

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

532.402 General.

532.407 Interest.

**532.5 Progress Payments Based On Costs**

532.501 General.

532.501-2 Unusual progress payments.

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

532.502 Preaward matters.

532.502-2 Contract finance office clearance.

532.503-5 Administration of progress payments.

532.503-6 Suspension or reduction of payments.

532.503-9 Liquidation rates - alternate method.

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

**SUBCHAPTER A\--GENERAL**

**PART 501 GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION
SYSTEM**

**SUBPART 501.1 PURPOSE, AUTHORITY, ISSUANCE**

**501.101 Purpose.**

\(a\) The General Services Acquisition Regulation (GSAR) contains agency
acquisition policies and practices, contract clauses, solicitation
provisions, and forms that control the relationship between GSA and
contractors and prospective contractors.

\(b\) The GSAR addresses rules directly to you, the contracting officer,
unless otherwise indicated.

**501.103 Authority.**

GSA\'s Senior Procurement Executive issues the GSAR under the authority
of the Federal Property and Administrative Services Act of 1949, as
amended.

**501.104 Applicability.**

\(a\) [General]{.underline}. The GSAR applies to contracts for supplies
or services, including construction.

\(b\) [Acquisition of leasehold interests in real property]{.underline}.
Part 570 establishes rules for the acquisition of leasehold interests in
real property. Other provisions of 48 CFR Chapter 5 (GSAR) do not apply
to leases of real property unless specifically cross-referenced in Part
570.

\(c\) [Relationship to statute]{.underline}. Some GSAR rules implement
and interpret laws and other authorities affecting procurement. A GSAR
rule specifically directed by statute has the force and effect of law.

\(d\) [GSAR/FAR Relationship]{.underline}. The GSAR may deviate from the
Federal Acquisition Regulation (FAR) if authorized. If the GSAR does not
implement the FAR, the FAR alone governs.

**501.105 Issuance.**

**501.105-1 Publication and code arrangement.**

The GSAR is published in the following sources:

\(a\) Daily issue of the Federal Register.

GSAM\
APD 2800.12B, 09-01-99 A-1

\(b\) Annual Code of Federal Regulations (CFR), as Chapter 5 of Title
48.

\(c\) GSA Acquisition Manual distributed within GSA.

\(d\) GSA Home Page at http://www.gsa.gov. Click on either \"Government
Agencies\" or on \"Business and Industry,\" then click on
\"Acquisition.\"

**501.105-2 Arrangement of regulations.**

\(a\) The GSAR numbers and captions policies and procedures to
correspond to how they appear in the FAR, e.g., 1.104 in the FAR is
501.104 in the GSAR.

\(b\) GSAR rules not implementing the FAR have numbers beginning with
70, e.g., part 570, subsection 515.209-70.

\(c\) The GSAR may have gaps in its numbering scheme because a FAR rule
may not require GSAR implementation.

**501.105-3 Copies.**

The GSAR in CFR form may be purchased from: Superintendent of Documents,
Government Printing Office, Washington, DC 20402.

501.106 OMB Approval under the Paperwork Reduction Act.

  -------------------------- --------------------- -------------------------- --------------------
  **[GSAR                    **[OMB Control        **[GSAR                    **[OMB Control
  Reference]{.underline}**   No.]{.underline}**    Reference]{.underline}**   No.]{.underline}**

  509.105-1(a)               3090-0007             552.211-78                 3090-0204

  511.104-70                 3090-0203             552.211-82                 3090-0204

  511.204(d)                 3090-0246             552.214-71                 3090-0200

  511.404(a)(1)              3090-0204             552.216-70                 3090-0243

  511.404(a)(2)              3090-0204             552.216-72                 3090-0248

  511.404(a)(5)              3090-0204             552.216-73                 3090-0248

  514.201-7(a)               3090-0200             552.219-72                 3090-0252

  516.203-4(a)(1)            3090-0243             552.223-72                 3090-0205

  516.506                    3090-0248             552.232-72                 3090-0080

  519.708(b)                 3090-0252             552.237-70                 3090-0197

  522.406-6                  1215-0149             552.237-71                 3090-0006

  523.370                    3090-0205             552.238-70                 3090-0250

  532.111(c)                 3090-0080             552.238-72                 3090-0262

  532.905-70                 9000-0102             552.238-74                 3090-0121

  532.905-71                 3090-0080             552.242-70                 3090-0027

  537.110(a)                 3090-0197             552.246-70                 3090-0027

  537.110(b)                 3090-0006             552.246-71                 3090-0027

  538.273(a)(1)              3090-0250             552.249-71                 3090-0227

  538.273(a)(3)              3090-0262             GSA-72-A                   3090-0121
  -------------------------- --------------------- -------------------------- --------------------

GSAM\
A-2 APD 2800.12B, Change 3, 07-24-2000

  ---------------- --------------------- ---------------- ----------------
  538.273(b)(1)    3090-0121             GSA-527          3090-0007

  542.1107         3090-0027             GSA-618-D        1215-0149

  546.302-70       3090-0027             GSA-1142         3090-0080

  546.302-71       3090-0027             GSA-1364         3090-0086

  549.502(b)       3090-0027             GSA-1678         3090-0027

  552.211-8        3090-0204             GSA-2419         9000-0102

  552.211-77       3090-0246             570.702(c)       3090-0086
  ---------------- --------------------- ---------------- ----------------

**501.170 General Services Administration Acquisition Management
System.**

\(a\) [Description]{.underline}. The General Services Administration
Acquisition Management System consists of the General Services
Administration Acquisition Regulation (GSAR) and agency and Service
non-regulatory acquisition guidance documents.

\(b\) [Format]{.underline}. For users\' convenience, the General
Services Administration Acquisition Manual (GSAM) contains the GSAR and
nonregulatory agency acquisition guidance. The GSAM adheres to GSAR
numbering and drafting conventions. GSAR material is shaded. Non-shaded
material is non-regulatory. The shading distinguishes regulatory
material from material that applies internally to GSA.

\(c\) [Agency policy]{.underline}. Although GSAM requirements are not
all regulatory, occasionally the requirements are mandatory for GSA
personnel. The mandatory requirements reflect agency policy which must
be followed to ensure uniformity or for other reasons.

\(d\) [Applicability]{.underline}. The GSAM applies to contracts for
supplies or services, including construction.

\(e\) [Acquisition of leasehold interests in real property]{.underline}.
Part 570 establishes requirements for the acquisition of leasehold
interests in real property. Other provisions of the GSAM do not apply to
leases of real property unless specifically cross-referenced in Part
570.

\(f\) [Availability]{.underline}. The GSAM is available on the GSA Home
Page at http://www.gsa.gov. Click on either \"Government Agencies\" or
on \"Business and Industry,\" then click on \"Acquisition.\" You may
also link to the GSAM on Insite at http://insite.gsa.private. Click on
\"Business Hot Links,\" then on \"Acquisition.\"

**501.171 Other GSA publications.**

**501.171-1 GSA orders and handbooks.**

\(a\) Heads of contracting activities (HCA\'s) may issue internal agency
guidance, as described in FAR 1.301(a)(2), in the form of a GSA order or
handbook.

\(b\) GSA orders and handbooks must not unnecessarily repeat,
paraphrase, or otherwise restate the FAR, GSAR, or GSAM.

GSAM\
APD 2800.12B, Change 3, 07-24-2000 A-3

\(c\) The handbook, Writing GSA Internal Directives (OAD P 1832.3B),
prescribes policies and procedures for issuing GSA orders and handbooks.

**501.171-2 Acquisition letters.**

\(a\) Acquisition letters provide interim policies and procedures
pending incorporation in GSA orders or handbooks.

\(b\) Acquisition letters expire one year after issuance, unless the
letter indicates an earlier expiration date.

\(c\) The Senior Procurement Executive and HCAs, or designees, may issue
acquisition letters.

\(d\) The issuing official must coordinate each acquisition letter with
appropriate offices including Acquisition Policy, Counsel, and the
Inspector General. Any proposed policy or procedure that affects the
operation of the small business program, must be coordinated with the
Office of Enterprise Development (E).

\(e\) The issuing activity must identify each acquisition letter with an
assigned number. The number should begin with the issuing office
correspondence symbol, followed by the last two digits of the calendar
year when issued, then numbered consecutively beginning with 1. For
example, FC-97-5 would be the fifth acquisition letter issued by FSS in
fiscal year 1997).

\(f\) The body of an acquisition letter should contain the following
paragraphs, as appropriate:

\(1\) Purpose.

\(2\) Background.

\(3\) Effective date.

\(4\) Termination date.

\(5\) Cancellation.

\(6\) Applicability (offices to which the acquisition letter applies)

\(7\) Reference to regulations (FAR or GSAR), handbooks, or orders.

\(8\) Instructions/procedures.

\(g\) The issuing office is responsible for distributing its acquisition
letters to affected contracting activities and the Office of Acquisition
Policy. In addition copies should be distributed to:

\(1\) For acquisition letters issued by the Office of Acquisition Policy
or a Central Office Service:

GSAM\
A-4 APD 2800.12B, 09-01-99

\(v\) Course tests must be administered by a GSA test control officer
and scored by the Office of Acquisition Policy (MV). Instructors may not
serve as test control officers for the same course. A current list of
GSA test control officers is contained on GSA Insite at:
http://insite.gsa.private/acqwork.

\(3\) Employees who complete courses in the Governmentwide acquisition
curriculum from sources other than contractors on the Federal Supply
Service acquisition training contract or an accredited college or
university are cautioned that such courses may not be eligible for
college credit unless the training organization has received a positive
credit recommendation from American Council of Education. This includes
training provided by designated GSA employees.

\(4\) The minimum training requirements apply to all contracting
officers appointed on or after the date when the Governmentwide
acquisition courses become available.

\(i\) Individuals holding a permanent warrant issued before the
Governmentwide acquisition courses became available are not required to
take additional training, other than the training required for
continuing education. However, such contracting officers should give
priority to completing any new COWP training requirements in fulfilling
the continuing education requirement.

\(ii\) Individuals holding an interim warrant issued before the
Governmentwide acquisition curriculum became available must complete the
new training requirements prior to receiving a permanent warrant. A
training course received before availability of the Governmentwide
curriculum may be used to satisfy a new course requirement if it meets
both of the following conditions: the interim warrant holder completed
and received training credit from GSA for the course before availability
of the Governmentwide acquisition curriculum, and the course is accepted
as equivalent to one of the new required training courses (see
501.603-2(f)).

\(c\) [Minimum training requirements]{.underline}.

\(1\) [Micro-Purchase]{.underline} level candidates must receive
on-the-job orientation or formal training in simplified acquisition
procedures. Personnel who have completed any of the following courses
meet the requirement: Small Purchases/Schedule Contracts, Simplified
Acquisitions, Introduction to Contracting, Interactive Customer
Assistance CD-ROM micro-purchase training, GSA disk titled \"GSA
Purchase Card Program, IMPAC (VISA).\"

\(2\) [Basic]{.underline} level candidates for:

\(i\) [Fleet manager warrants]{.underline} must complete the Basic Fleet
Management Procurement course (40 hours).

\(ii\) [Fleet sales warrants]{.underline} must complete only the Fleet
Sales course (40 hours) when commercial contractors will conduct fleet
sales.

GSAM\
APD 2800.12B, 09-01-99 A-13

\(iii\) [Building manager warrants]{.underline} must complete the COR
Mentor training course in addition to other courses required at this
warrant level. The COR Mentor is a self-paced, on-line training course
available at: http://www.faionline.com.

\(3\) Candidates for [warrants at the simplified acquisition,
intermediate, or senior levels]{.underline} currently serving and
classified in 1102 or 1170 positions or in positions whose primary
responsibility involved contracting for an uninterrupted period of 3
years do not have to take the basic level courses.

\(4\) [Personal property sales warrant]{.underline} candidates who are
classified in 1104 positions, excluding marketing positions, for an
uninterrupted period of 3 years are not required to take the Personal
Property Utilization and Disposal course.

\(5\) All [Contracting Officer Representatives]{.underline} (CORs):

\(i\) With or without warrant authority, must complete those portions of
the COR Mentor training course that correspond to the duties assigned to
them by you. The COR Mentor is available at http://www.faionline.com.
Each COR must complete this training within a reasonable time after
appointment as a COR. The COR must provide you with copies of completion
certificates for each duty completed under the COR Mentor.

\(ii\) Seeking warrant authority must also complete all courses required
at the applicable warrant level.

\(iii\) For construction contracting seeking warrant authority limited
to the issuance of change orders up to \$25,000, must complete the COR
Mentor and Construction Contracting courses.

\(6\) [TSR-issuer]{.underline} candidates must receive on-the-job
orientation or formal training on the proper procedures for issuing TSRs
and on the responsibilities and obligations of contracting officers.

\(7\) [Contracting officers with dual warrant authority]{.underline}
(e.g., with authority to dispose of and to acquire goods and services)
must complete the mandatory training required for both types of warrant
authority, based on the appropriate warrant level.

\(8\) [Other warrant]{.underline} level training is outlined in Figure
501-1.

\(d\) [Testing out of a course]{.underline}. \[Reserved\]

GSAM\
A-14 APD 2800.12B, Change 3, 07-24-2000

\(x\) Quantitative methods.

\(xi\) Organization and management.

\(f\) [Course equivalencies]{.underline}.

\(1\) For employees who completed training prior to availability of the
Governmentwide core curriculum, the following is a list of the courses
contained in the Governmentwide curriculum and the course equivalencies
that GSA will recognize. GSA cannot guarantee that other Federal
agencies will accept the same substitutes.

  ------------------------------- ---------------------------------------
  **Governmentwide Curriculum     **Equivalent GSA Course**
  Course**                        

  Acquisition or Procurement      Introduction to Contracting plus\
  Planning I                      Procurement Planning

  Acquisition or Procurement      No equivalent
  Planning II                     

  Contract Formation I            Contracting by Negotiation

  Contract Formation II           Source Selection

  Contract Administration I       Contract Administration

  Contract Administration II      Advanced Contract Administration plus\
                                  Contract Termination

  Price Analysis                  Price Analysis

  Cost Analysis                   Cost Analysis

  Intermediate Contract Pricing   No equivalent

  Contract Law                    Contract Law

  Negotiation Techniques          Negotiation Techniques
  ------------------------------- ---------------------------------------

\(2\) GSA employees who have successfully completed a GSA approved
course are not required to complete the equivalent course in the
Governmentwide curriculum for warrant purposes in GSA. There are no GSA
courses considered equivalent to Acquisition or Procurement Planning II
or Intermediate Contract Pricing.

\(3\) Acceptance of course equivalencies extends only to GSA-approved
courses successfully completed prior to availability of the
Governmentwide curriculum. Requests to consider course equivalencies for
training taken thereafter will not be considered or approved.

\(4\) Employees who attended courses approved as course equivalencies,
prior to availability of the Governmentwide curriculum, are not required
to complete the corresponding

GSAM\
APD 2800.12B, Change 3, 07-24-2000 A-17

course in the Governmentwide curriculum. GSA Insite at:
http://insite.gsa.private/acqwork contains a list of course
equivalencies for GSA courses.

\(5\) Employees are cautioned that GSA\'s determination concerning the
acceptability of GSA-approved courses is not binding on other Federal
agencies. Employees who wish to qualify for senior 1102 positions in
other Federal agencies may want to complete the courses contained in the
Governmentwide core curriculum, as fulfillment of the mandatory training
requirements for 1102 positions at grades 13 and above, to ensure
acceptability across Government.

**501.603-3 Appointment.**

\(a\) [Authority to make micro-purchases or issue TSR\'s]{.underline}.

\(1\) HCAs may authorize division directors or higher level officials to
delegate contracting authority to employees to:

\(i\) Make purchases not to exceed \$2,500 (micro-purchases).

\(ii\) Issue TSRs for tariff services on, or in conjunction with,
existing telephone systems, to regulated local exchange telephone
companies.

(Officials so designated by the HCA may not redelegate their authority.)

\(2\) Memoranda delegating authority to issue TSRs must state that the
authority does not apply to Rate Stabilization Plans or orders for new
Centrex service on a site level basis, except for new locations that
require interim, temporary, small or emergency service.

\(3\) Branch chiefs or equivalent or Regional FTS Program Support Branch
Chiefs may request delegations of contracting authority for issuing
TSRs. The memorandum requesting appointment must include all the
following:

\(i\) Candidate\'s name, title, and organizational location.

\(ii\) Brief explanation of why authority is needed.

\(iii\) Brief description of the candidate\'s qualifications.

\(iv\) Statement that the candidate has received the required training.

\(b\) [Authority to make other purchases]{.underline}.

\(1\) [Nominations for appointment]{.underline}.

\(i\) The chairperson of COWB, or other designee established by the HCA,
submits nominations for appointment.

GSAM\
A-18 APD 2800.12B, CHGE 1, 10-1-99

\(4\) Consider using metric measures consistent with 15 U.S.C. 205 et
seq. during the acquisition planning phase. See 511.002; GSA Order, GSA
Metric Program (ADM 8000.1B); and GSA Metric Transition Plan. Use metric
measures only when they are consistent with security, operational,
economic, technical, logistical, training, and safety requirements.

\(5\) Follow the procedures in FAR part 23, 523, and GSA\'s Affirmative
Procurement Program (see Appendix 523A) to specify needs and develop
plans, drawings, work statements, specifications, or other product
descriptions that promote use of environmentally preferable and
energy-efficient products and services.

\(6\) Do not initiate any purchase request for performance of an
inherently governmental function by a contractor (See FAR 7.5 and
507.5).

(7) Use knowledge gained from prior acquisitions to further refine
    requirements and acquisition strategies. Seek increased use of
    performance-based contracting methods and fixed-price contracts in
    follow-on acquisitions for services.

(8) To the maximum extent practicable, both:

```{=html}
<!-- -->
```
(i) Structure contract requirements to facilitate competition by and
    among small business concerns.

(ii) Avoid unnecessary and unjustified bundling that precludes small
     business participation as contractors (FAR 7.107 and 507.107).

\(9\) Coordinate with the contracting officer in performance of these
responsibilities.

\(b\) The HCA may designate an official to make the determination
required by FAR 37.204 and 537.2 prior to issuance of a solicitation for
advisory and assistance services involving the analysis and evaluation
of proposals submitted in response to a solicitation.

\(c\) You have responsibility for:

\(1\) Coordinating with requirements personnel to ensure effective
market research and description of agency needs that meet the objectives
in paragraph (a) above.

\(2\) Promoting and providing for full and open competition or, as
provided in FAR part 6, maximum practicable competition.

\(3\) Following the principles in FAR part 7 and 507, as appropriate,
for each acquisition that requires either a limited or comprehensive
acquisition plan.

\(4\) Reviewing, prior to contracting, both:

GSAM\
APD 2800.12B, Change 3, 07-24-2000 B-9

\(i\) The acquisition history of the supplies and services.

\(ii\) The description of the supplies, including, when necessary for
adequate description, a picture, drawing, diagram, or other graphic
representation.

\(5\) Unless the HCA designates another official, making the
determination required by FAR 37.204 and 537.2 prior to issuing to
issuing a solicitation for advisory and assistance services involving
the analysis and evaluation of proposals submitted in response to a
solicitation.

\(6\) Not entering into any contract for performance of an inherently
governmental function by a contractor.

\(7\) Using knowledge gained from prior acquisitions to further refine
requirements and acquisition strategies. Seek to enable increased use of
performance-based contracting methods and fixed-price contracts in
follow-on acquisitions for services.

**507.104 General procedures.**

**[Comprehensive Acquisition Plans]{.underline}**

\(a\) GSA Order, Comprehensive Acquisition Planning (APD 2800.13B)
contains policies and procedures for comprehensive acquisition plans. It
also explains when a comprehensive plan is required and when you may use
a limited acquisition plan. The Order is included as Appendix 507A.

**[Limited Acquisition Plans]{.underline}**

\(b\) [Preparation]{.underline}. Limited acquisition plans must be in
writing, unless the contracting director grants a waiver.

\(c\) [Approval]{.underline}. You must approve the limited acquisition
plan. In addition:

\(1\) The contracting director must approve the acquisition plan for any
requirement received in the last month of the fiscal year if award is
anticipated that month.

\(2\) The contracting director may establish requirements for review and
approval at a higher level within a division (or, in FSS, a Commodity
Center or FSS Bureau).

\(3\) The HCA may designate contracts on a case-by-case for higher level
review and approval.

GSAM\
APD 2800.12B, Change 3, 07-24-2000 B-10

\(d\) [Waiver]{.underline}.

\(1\) The contracting director may waive the requirement for a written
limited acquisition plan for any of the following:

\(i\) Recurring annual acquisitions.

\(ii\) Cases of unusual or compelling urgency.

\(iii\) Acquisitions made under the authority of FAR 13.5, Test Program
for Certain Commercial Items.

\(2\) At a minimum, you must present an oral plan for approval to your
supervisor.

\(3\) Document the contract file with a summary of the oral plan and the
name of the approving official. The summary:

\(i\) Must state the nature of the urgency in cases of unusual or
compelling urgency.

\(ii\) May be prepared after award when preparation before award would
unreasonably delay the acquisition.

\(iii\) May be included in the justification required by FAR 6.302-2(c).

**507.105 Contents of written acquisition plans.**

\(a\) [General content and variations]{.underline}. A plan's content
depends on an acquisition's nature and dollar value. HCA's may authorize
any of the following:

\(1\) Developing standard plan outlines for individual programs.

\(2\) Substituting automated plans that address individual elements.

\(3\) Modifying the content of limited acquisition plans.

\(b\) [Comprehensive acquisition plans]{.underline} use FAR 7.105 as
their basis.

\(c\) [Limited acquisition plans]{.underline} include the following
elements:

\(1\) [Acquisition background and objectives]{.underline}, i.e.,
statement of need, applicable conditions and delivery or
performance-period requirements. Include a description (See FAR
7.105(a)(1), (2) and (5)).

GSAM\
APD 2800.12B, Change 3, 07-24-2000 B-11

\(2\) [Plan of action]{.underline}, i.e., sources, competition,
contracting considerations, acquisition milestones, and individuals
preparing the plan. (See FAR 7.105(b)(1), (2), (4), (20) and (21).)

\(3\) [Acquisition Plans Involving Other Than Full And Open
Competition]{.underline}. For contracts proposing other than full and
open competition that require a written justification and approval,
state the basis for the justification and reference all the following:

\(i\) Justification document.

\(ii\) Approving official.

\(iii\) Date of approval.

\(4\) If you use the authority at FAR 6.302-5 and the contract does not
require a written justification and approval, cite the authorizing
statute.

**507.107 Additional requirements for acquisitions involving bundling of
contract requirements.**

\(1\) The HCA has the authority to make the determination in FAR
7.107(b). The HCA may redelegate this authority as follows:

\(a\) If the contracting officer conducts market research and determines
that bundling is necessary and justified, the justification must be
approved at least one level above the contracting officer.

\(b\) If other than the contracting officer conducts the market research
and determines that bundling is necessary and justified, the
justification may be approved by the contracting officer.

\(2\) The Senior Procurement Executive has authority to make the
determination in FAR 7.107(c).

**SUBPART 507.3 CONTRACTOR VERSUS GOVERNMENT PERFORMANCE**

**507.307 Appeals.**

GSA Order, Implementation of the OMB Circular A-76 Productivity
Improvement Program (ADM P. 5400.40) contains appeal procedures.

GSAM\
B-12 APD 2800.12B, Change 3, 07-24-2000

**SUBPART 507.5 INHERENTLY GOVERNMENTAL FUNCTIONS**

**507.503 Policy.**

\(a\) Concurrent with the transmittal of each statement of work or any
modification to a statement of work, the requirements official must
provide you a written determination that none of the functions to be
performed are inherently governmental. The determination must address
the degree to which conditions and facts restrict the discretionary
authority, decision-making responsibility, or accountability of
Government officials using the contractor services or work products.

\(b\) The HCA resolves any disagreement regarding the requirements
official\'s determination, following the guidelines in FAR 7.5. The HCA
may delegate this authority to a level not lower than the contracting
director.

**PART 508 REQUIRED SOURCES OF SUPPLIES AND SERVICES**

**SUBPART 508.6 ACQUISITION FROM FEDERAL PRISON INDUSTRIES, INC.**

**508.604 Ordering procedures.**

**508.604-70 Delinquent delivery orders.**

\(a\) Establish delivery schedules based on the lead time required by
Federal Prison Industries (FPI).

\(b\) You may use delinquent orders as the reason for requesting
clearance to procure from other sources until FPI can make deliveries.

**508.605 Clearances.**

Cite FPI clearance numbers in solicitations and award documents.

GSAM (next page is B-13)\
APD 2800.12B, Change 3, 07-24-2000 B-12.1

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

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

**511.002-71 Construction metrication ombudsman.**

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

\(b\) The Construction Metrication Ombudsman:

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

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

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

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

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

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

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

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

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

GSAM\
APD 2800.12B, Change 3, 07-24-2000 B-23

**SUBPART 511.1 SELECTING AND DEVELOPING REQUIREMENTS DOCUMENTS**

**511.103 Market acceptance.**

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

**511.104 Use of brand name or equal purchase descriptions.**

\(a\) A brand name or equal purchase description must avoid specifying
characteristics that do not materially affect the intended end use and
which unnecessarily restrict competition.

\(b\) When you use a brand name or equal purchase description, best
practice is to cite the known acceptable brand name products in current
manufacture, rather than only a single brand name product. For example,
cite the acceptable brand name products identified during market
research.

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

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

**511.104-70 Solicitation provisions.**

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

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

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

GSAM\
B-24 APD 2800.12B, Change 3, 07-24-2000

**[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.

GSAM\
APD 2800.12B, Change 3, 07-24-2000 B-25

(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.

\(d\) [Supply contracts]{.underline}. Include the clause at 552.211-77,
Packing List, in solicitations and contracts for supplies, including
purchases over the micropurchase threshold.

**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, 09-01-99

\(2\) Include the portion required early and the balance as separate
items in the same solicitation.

\(3\) Procure the two portions separately.

\(e\) [Multiple delivery time requirements]{.underline}. If a
solicitation contains a mix of items that require different delivery
times, specify the delivery periods separately. When practical, group
items with similar delivery time requirements according to delivery
times in the solicitation.

**511.404 Contract clauses.**

\(a\) [Supply contracts]{.underline}.

(1) [Single award schedules]{.underline}. Insert 552.211-8, Time of
Delivery, in solicitations and contracts instead of the clause at FAR
52.211-8. If you need to show different delivery times for different
items or groups of items, use Alternate I.

\(2\) [Multiple award schedules]{.underline}. Insert 552.211-78,
Commercial Delivery Schedule (Multiple Award Schedule), in solicitations
issued and contracts awarded under the multiple award schedule program.

(3) [Shelf-life items]{.underline}. Use the following clauses in
solicitations and contracts that require delivery of shelf-life items
within a specified number of months from the date of manufacture or
production (see 101-27.206-2 of the Federal Property Management
Regulation):

\(i\) Insert 552.211-79, Acceptable Age of Supplies, if the required
shelf-life period is 12 months or less, and lengthy acceptance testing
may be involved. For items having a limited shelf-life, substitute
Alternate I when required by the director of the commodity center
concerned.

(ii) Insert 552.211-80, Age on Delivery, if the required shelf-life
period is more than 12 months, or when source inspection can be
performed within a short time period.

(4) [Stock replenishment contracts]{.underline}. Insert 552.211-81, Time
of Shipment, in solicitations and stock replenishment contracts that do
not include the Availability for Inspection, Testing and
Shipment/Delivery clause at 552.211-83 and require shipment within 45
calendar days after receipt of the order. If shipment is required in
more than 45 days, use Alternate I.

(5) [Notice of shipment]{.underline}. Include 552.211-82, Notice of
Shipment, in solicitation and contracts for supplies when you need to
have a notice of shipment from the contractor.

(6) [Indeterminate testing time]{.underline}. Insert 552.211-83,
Availability for Inspection, Testing and Shipment/Delivery, in
solicitations and contracts that provide for source inspection by

GSAM\
APD 2800.12B, 09-01-99 B-27

Government personnel and that require lengthy testing for which time
frames cannot be determined in advance. If the contract is for stock
items, use Alternate I.

\(b\) [Construction contracts]{.underline}. Insert the clause at
552.211-84, Non-Compliance with Contract Requirements, in solicitations
and contracts for construction when you expect the contract amount to
exceed the simplified acquisition threshold.

**PART 512 ACQUISITION OF COMMERCIAL ITEMS**

**SUBPART 512.2 SPECIAL REQUIREMENTS FOR THE ACQUISITION OF\
COMMERCIAL ITEMS**

**512.203 Procedures for solicitation, evaluation, and award.**

[Federal Supply Schedule contracts]{.underline}. For Federal Supply
Schedule contracts, use the policies in FAR Part 12 and Part 512 in
conjunction with the policies and procedures in FAR Part 38 and Part
538. Use 515.70 if you require samples.

**SUBPART 512.3 SOLICITATION PROVISIONS AND CONTRACT CLAUSES FOR THE
ACQUISITION OF COMMERCIAL ITEMS**

**512.301 Solicitation provisions and contract clauses for the
acquisition of commercial\
items.**

\(a\) [Solicitation provisions and clauses]{.underline}. Insert these
provisions or clauses in solicitations or solicitations and contracts,
respectively, in accordance with the instructions provided:

\(1\) 552.212-70, Preparation of Offer (Multiple Award Schedule), in
solicitations and contracts issued under the multiple award schedule
program.

\(2\) 552.212-71, Contract Terms and Conditions Applicable to GSA
Acquisition of Commercial Items, when listed clauses apply. The clause
provides for incorporation by reference of terms and conditions which
are, to the maximum extent practicable, consistent with customary
commercial practice. If necessary, tailor this clause.

\(3\) 552.212-72, Contract Terms and Conditions Required to Implement
Statutes or Executive Orders Applicable to GSA Acquisitions of
Commercial Items, when listed clauses apply. The clause provides for the
incorporation by reference of terms and conditions required to implement
provisions of law or executive orders that apply to commercial item
acquisitions.

GSAM\
B-28 APD 2800.12B, Change 3, 07-24-2000

\(4\) 552.212-73, Evaluation-Commercial Items (Multiple Award Schedule),
in multiple award schedule solicitations. Use this provision instead of
FAR 52.212-2.

\(b\) [Use of required provisions and clauses]{.underline}. Use only
those provisions and clauses prescribed in this part. Unless the use of
a provision or clause prescribed elsewhere in the GSAR is consistent
with customary commercial practice for the item being acquired,
disregard contrary instructions. Provisions and clauses prescribed in
this part will be revised to reflect the applicability of new statutes
and executive orders.

\(c\) [Discretionary use of GSAR provisions and clauses]{.underline}.
Consistent with the limitations contained in FAR 12.302(c), include in
solicitations and contracts by addendum other GSAR provisions and
clauses.

\(d\) [Use of additional provisions and clauses]{.underline}. The Senior
Procurement Executive must approve the use of a provision or clause that
is either not:

\(1\) Prescribed in the FAR or GSAR for use in contracts for commercial
items.

\(2\) Consistent with customary commercial practice.

**512.302 Tailoring of provisions and clauses for the acquisition of
commercial items.**

**[Waivers under FAR 12.302(c)]{.underline}.**

\(a\) [Individual contract]{.underline}. The contracting officer\'s
supervisor approves the request.

\(b\) [Class of contracts]{.underline}. The contracting director
approves the request.

GSAM\
APD 2800.12B, Change 3, 07-24-2000 B-29

**513.303 Blanket purchase agreements (BPAs).**

**513.303-3 Preparation of BPAs.**

\(a\) [Description of agreement]{.underline}. Describe limitations, if
any, on the geographic area to be served.

\(b\) [Delivery tickets]{.underline}. Instruct the contractor to include
the name of the individual placing the order on the delivery ticket. The
individual receiving the item or service must sign and date the delivery
or service ticket. Both the supplier and the receiving office must
retain a copy of the delivery ticket.

\(c\) [Invoices]{.underline}. If you have exhausted all efforts to get a
supplier to accept one of the invoicing statements outlined in FAR
13.303-3(a)(6), you may deviate in order to permit the submission and
payment of invoices for each delivery under the BPA. Document your
efforts and the contractor's refusal.

\(d\) [Processing invoices]{.underline}. The designated billing office
must time-stamp invoices to indicate the date of receipt. The ordering
office must forward an invoice to the appropriate Finance Division
within 5 workdays of its receipt or acceptance of the supplies or
services. An exception applies if the BPA provides for the accumulation
of invoices for a specified period. If this exception applies, the
ordering office must forward the accumulated invoices within 5 workdays
after the specified period for accumulation. Mark all invoices to
indicate that purchases were made under a BPA.

**513.305 Imprest funds and third party drafts.**

**513.305-2 Agency responsibilities.**

Imprest fund cashiers must be designated and must operate in accordance
with GSA Order, GSA Imprest Fund Operations Policy (CFO 4268.1), and FAR
13.305.

**513.305-3 Conditions for use.**

An imprest fund cashier in Alaska may disburse up to \$600 for an
emergency transaction.

**513.305-4 Procedures.**

\(a\) If the office maintains its own imprest fund, use SF 1164, Claim
for Reimbursement for Expenditures on Official Business, or SF 1165,
Receipt for Cash - Subvoucher, for a written order.

\(b\) The GSA Form 49 may be used if required by contracting activity
directives. Include the endorsement required by FAR 13.305-4(d).

GSAM\
APD 2800.12B, 09-01-99 C-3

**513.307 Forms.**

You may use the GSA Form 3521, Blanket Purchase Agreement, to prepare a
blanket purchase agreement.

**513.370 Certified invoice procedure.**

**513.370-1 Applicability.**

If advantageous to the Government, you may acquire supplies or services
on the open market from suppliers using a vendor's invoice instead of a
purchase order.

**513.370-2 Limitations.**

\(a\) Purchases are subject to FAR Part 13 and Part 513 and these
limitations:

\(1\) The amount of any one purchase must not exceed the micro-purchase
threshold.

\(2\) Neither the supplier nor the Government require a purchase order.

\(3\) The individual making the purchase does not have a Governmentwide
commercial purchase card or the card is not accepted by the supplier.

\(4\) Appropriate invoices can be obtained from the supplier.

\(b\) For purchases of hand and measuring tools or stainless steel
flatware, see also 525.570.

\(c\) If you use certified invoice procedures, you still must:

\(1\) Verify price reasonableness using the conditions contained in FAR
13.202(a).

\(2\) Certify that the quality and quantity of items/services furnished
comply with the verbal agreement made with the supplier.

\(d\) Authorized individuals without warrants may solicit quotations.
However, a contracting officer must approve in advance the placement of
an order. Approval must be in writing on GSA Form 2010 or other
documentation unless the geographic distance makes it impracticable. In
those cases, the contracting officer may provide telephonic approval.
The authorized individual must document the file accordingly.

**513.370-3 Invoices.**

\(a\) If you use these procedures, you must require the suppliers to
immediately submit properly prepared itemized invoices.

\(b\) Upon receipt of the invoice, the receiving office must take all
the following actions:

GSAM\
C-4 APD 2800.12B, Change 3, 07-24-2000

**SUBPART 514.3 SUBMISSION OF BIDS**

**514.303 Modification or withdrawal of bids.**

\(a\) If you receive a telegraphic modification or withdrawal of a bid
by telephone under the circumstances in FAR 14.303(a), record the
identity of the telegraph office employee telephoning the message.

\(b\) The receipt required by FAR 14.303(b) for withdrawal of a bid in
person should read:

I am a bona fide agent for or representative of \_\_\_\_[(Bidder\'s name
and address)]{.underline}\_\_\_\_. I am authorized to withdraw the bid
on IFB No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_ scheduled for opening
on\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, and acknowledge receipt of the
unopened bid.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\
Name and telephone no. Date

**514.304 Late bids, late modifications of bids, or late withdrawal of
bids.**

Upon receiving a late bid, the bid custodian records it on the duplicate
copy of the list of bidders. The bid custodian then immediately notifies
the responsible contracting officer of the bid. You must arrange for
pick-up or delivery of the bid.

**514.370 Copies of bids required.**

Require each bidder to submit an original and at least one copy of its
bid. This requirement does not apply to bids transmitted and received
through an electronic commerce method authorized by the solicitation.

**SUBPART 514.4 OPENING OF BIDS AND AWARD OF CONTRACT**

**514.401 Receipt and safeguarding of bids.**

\(a\) You may designate the Regional BSC to receive and safeguard bids
and modifications until the time specified for opening. Handle bids as
follows:

\(1\) Authorized personnel mark the envelope (or other covering) of each
package identified as a bid or modification with a time-stamp or the
place, date, and time of receipt. They then deliver the bid by special
handling to the bid custodian.

\(2\) Deposit hand-carried bids into the designated locked bid box,
safe, or secured, restricted-access electronic bid box. At least once
daily and immediately preceding the time scheduled for bid opening, the
bid custodian removes and time stamps the bids. If

GSAM\
APD 2800.12B, Change 3, 07-24-2000 C-15

a bidder hands a bid to the bid custodian or other GSA employee, the
custodian or employee time stamps the bid immediately.

\(3\) When the solicitation authorizes telegraphic or facsimile bids and
modifications, the bid custodian seals each in an envelope immediately
upon receipt. The custodian labels the envelope with appropriate
identification.

\(4\) For each invitation, the bid custodian prepares a bidders' list
using GSA Form 1378, Record of, and Receipt for, Bids and Responses, or
the appropriate bid abstract form. The list includes the name and
address of all responses, including any bid modifications, received
before bid opening time. The list also indicates withdrawn bids.

\(5\) The bid custodian records each bid and modification delivered
before bid opening on the bidders' list on the day of receipt. The
custodian stores bids and modifications in a suitable secured cabinet.

\(b\) At the scheduled bid opening time, the bid custodian delivers all
bids received in response to the invitation, with the original and one
copy of the bidders' list, to the bid opening official or designee. The
bid opening official or designee acknowledges receipt of the bids by
signing the copy of the form and returning it to the bid custodian. The
original list becomes part of the contract file.

\(c\) When a BSC is designated to receive bids, the BSC Director may
designate an individual(s) working at a PBS Field Office as a bid
custodian, provided all the following conditions are met:

\(1\) The Field Office has adequate space and facilities.

\(2\) The individual(s) designated as a bid custodian has been trained.

\(3\) The Field Office has a Small Business Technical Advisor.

\(4\) The bid custodian(s) must submit monthly reports to the BSC
Director. The BSC Director forwards these reports to the Office of
Enterprise Development (E).

**514.402 Opening of bids.**

**514.402-1 Unclassified bids.**

\(a\) [Location of bid openings.]{.underline} Public bid openings take
place in the BSC if the bid custodian is in the BSC. If the bid opening
occurs elsewhere, inform your BSC. Give the BSC the invitation number
and the location of the bid opening.

GSAM\
C-16 APD 2800.12B, 09-01-99

**515.205 Issuing solicitations.**

Potential sources, as used in FAR 15.205, include both of the following:

\(a\) The incumbent contractor, except when its written response to the
notice of contract action under FAR Subpart 5.2 states a negative
interest.

\(b\) Offerors that responded to recent solicitations for the same or
similar items.

**515.207 Handling proposals and information.**

\(a\) [Unclassified Proposals]{.underline}. In most cases, the best
practice is to require offerors to submit proposals and modifications to
the issuing contracting office. You may chose to use the local Business
Service Center (BSC) for receipt and safeguarding of proposals. If so,
make appropriate arrangements with the BSC.

\(b\) [Classified Proposals]{.underline}. Handle classified proposals
and quotations according to 504.4, 41 CFR Part 105-60, and GSA Freedom
of Information Act procedures at
http://www.gsa.gov/staff/c/ca/FOIA/FoiaProc/mainpage.html.

\(c\) [Recording of offers]{.underline}. Abstracts help to summarize key
aspects of proposals when you receive multiple responses to a
solicitation (see FAR 4.803(a)(10)).

\(1\) You may use GSA or Standard Forms prescribed for abstracting bids
in sealed bidding to abstract proposals or quotations in competitively
negotiated procurements. You may modify the forms to include the
information necessary for evaluation.

\(2\) Abstracts contain contractor bid or proposal information and
source selection information. See FAR 15.201, 15.207, 15.306, 15.5, and
24.2 about disclosing information.

**515.209 Solicitation provisions and contract clauses.**

**515.209-70 Examination of records by GSA clause.**

**[Clause for other than multiple award schedules]{.underline}**

\(a\) For other than multiple award schedule (MAS) contracts, insert the
clause at 552.215-70, Examination of Records by GSA, in solicitations
and contracts over \$100,000, including acquisitions of leasehold
interests in real property, that meet any of the conditions listed
below:

\(1\) Involve the use or disposition of Government-furnished property.

\(2\) Provide for advance payments, progress payments based on cost, or
guaranteed loan.

GSAM\
APD 2800.12B, Change 3, 07-24-2000 C-21

\(3\) Contain a price warranty or price reduction clause.

\(4\) Involve income to the Government where income is based on
operations under the control of the contractor.

\(5\) Include an economic price adjustment clause where the adjustment
is not based solely on an established, third party index.

\(6\) Are requirements, indefinite-quantity, or letter type contracts as
defined in FAR Part 16.

\(7\) Are subject to adjustment based on a negotiated cost escalation
base.

\(8\) Contain the provision at FAR 52.223-4, Recovered Material
Certification.

\(b\) You may modify the clause at 552.215-70 to define the specific
area of audit (e.g., the use or disposition of Government-furnished
property, compliance with the price reduction clause). Counsel and the
Assistant Inspector General\--Auditing or Regional Inspector
General\--Auditing, as appropriate, must concur in any modifications to
the clause.

**[Clause for multiple award schedules]{.underline}**

\(c\) Insert the clause at 552.215-71, Examination of Records by GSA
(Multiple Award Schedule), in solicitations and contracts for MAS
contracts.

\(d\) With the Senior Procurement\'s Executive approval, you may modify
the clause at 552.215-71 to provide for post-award access to and the
right to examine records to verify that the pre-award/modification
pricing, sales or other data related to the supplies or services offered
under the contract which formed the basis for the award/modification was
accurate, current, and complete. The following procedures apply:

\(1\) Such a modification of the clause must provide for the right of
access to expire 2 years after award or modification.

\(2\) Before modifying the clause, you must make a determination that
absent such access there is a likelihood of significant harm to the
Government and submit it to the Senior Procurement Executive for
approval.

\(3\) The determinations under (d)(2) must be made on a
schedule-by-schedule basis.

**515.210 Forms.**

**515.210-70 GSA Form 1602.**

You may use GSA Form 1602, Notice Concerning Solicitation, to do any of
the following:

\(a\) Describe the type of contract, the duration of the contract, and
the type of supplies or services being procured.

GSAM\
C-22 APD 2800.12B, Change 3, 07-24-2000

The contracting officer may require submission of these price lists. To
expedite evaluation, offerors may provide these price lists at the time
of submission.

**Column 3 \-- Identify the quantity or volume of sales.**

Insert the minimum quantity or sales volume which the identified
customer or category of customer must either purchase/order, per order
or within a specified period, to earn the discount. When
purchases/orders must be placed within a specified period to earn a
discount indicate the time period.

**Column 4 \-- Indicate the FOB delivery term for each identified
customer.**

See FAR 47.3 for an explanation of FOB delivery terms.

**Column 5 \-- Indicate concessions regardless of quantity granted to
the identified customer or category of customer.**

Concessions are defined in solicitation clause 552.212-70, Preparation
of Offers (Multiple Award Schedule). If the space provided is
inadequate, the disclosure should be made on a separate sheet by
reference.

If you respond "YES" to question 4(b) in the Commercial Sales Practices
Format, provide an explanation of the circumstances under which you
deviate from your written policies or standard commercial sales
practices disclosed in the chart on the Commercial Sales Practices
Format and explain how often they occur. Your explanation should include
a discussion of situations that lead to deviations from standard
practice, an explanation of how often they occur, and the controls you
employ to assure the integrity of your pricing. Examples of typical
deviations may include, but are not limited to, one time goodwill
discounts to charity organizations or to compensate an otherwise
disgruntled customer; a limited sale of obsolete or damaged goods; the
sale of sample goods to a new customer; or the sales of prototype goods
for testing purposes.

If deviations from your written policies or standard commercial sales
practices disclosed in the chart on the Commercial Sales Practices
Format are so significant and/or frequent that the Contracting Officer
cannot establish whether the price(s) offered is fair and reasonable,
then you may be asked to provide additional information. The Contracting
Officer may ask for information to demonstrate that you have made
substantial sales of the item(s) in the commercial market consistent
with the information reflected on the chart on the Commercial Sales
Practices Format, a description of the conditions surrounding those
sales deviations, or other information that may be necessary in order
for the Contracting Officer to determine whether your offered price(s)
is fair and reasonable. In cases where additional information is
requested, the Contracting Officer will target the request in order to
limit the submission of data to that needed to establish the
reasonableness of the offered price.

**(End of Figure)**

GSAM\
APD 2800.12B, 09-01-99 C-35

\(d\) Insert the clause at 552.215-72, Price Adjustment \-- Failure to
Provide Accurate Information, in solicitations and contracts under the
MAS program.

\(e\) You should use Alternate IV of FAR 52.215-21, Requirements for
Cost or Pricing Data or Information Other Than Cost or Pricing Data \--
Modifications, to provide for submission of information other than cost
or pricing data for MAS contracts. To provide for uniformity in requests
under the MAS program, you should insert the following in paragraph (b)
of the clause:

\(1\) Information required by the clause at 552.243-72, Modifications
(Multiple Award Schedule).

\(2\) Any additional supporting information requested by the Contracting
Officer. The Contracting Officer may require additional supporting
information, but only to the extent necessary to determine whether the
price(s) offered is fair and reasonable.

\(3\) By submitting a request for modification, the Contractor grants
the Contracting Officer or an authorized representative the right to
examine, at any time before agreeing to a modification, books, records,
documents, papers, and other directly pertinent records to verify the
pricing, sales and other data related to the supplies or services
proposed in order to determine the reasonableness of price(s). Access
does not extend to Contractor's cost or profit information or other data
relevant solely to the Contractor's determination of the prices to be
offered in the catalog or marketplace.

**SUBPART 515.5 PREAWARD, AWARD, AND POSTAWARD NOTIFICATIONS, PROTESTS,
AND MISTAKES**

**515.506 Postaward debriefing of offerors.**

For purposes of determining the date of receipt of a request for a
postaward debriefing, GSA\'s hours of operation are 8:00 a.m. to 4:30
p.m. Requests received after 4:30 p.m. will be considered received the
following business day.

**515.570 Release of information concerning unsuccessful offerors.**

Consult FAR 24.2, 41 CFR Part 105-60, and GSA Freedom of Information Act
procedures at http://www.gsa.gov/staff/c/ca/FOIA/FoiaProc/mainpage.html.
to determine what information you may disclose.

**SUBPART 515.6 UNSOLICITED PROPOSALS**

**515.601 Definitions.**

\"Coordinating office,\" as used in this subpart, means:

\(a\) The Senior Procurement Executive for all Central Office
activities.

GSAM\
C-36 APD 2800.12B, Change 3, 07-24-2000

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

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

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

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

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

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

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

**519.705-3 Preparing the solicitation.**

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

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

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

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

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

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

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

\(1\) Manufacturing processes involved.

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

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

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

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

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

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

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

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

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

GSAM\
D-8 APD 2800.12B, Change 3, 07-24-2000

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

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

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

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

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

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

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

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

**519.870-1 Authority and applicability.**

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

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

GSAM\
APD 2800.12B, Change 3, 07-24-2000 D-17

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  Region 1                           1711, 1794, and 1796

  Region 3                           1799

  Region 4                           1541, 1542, 1711

  Region 5                           1542

  Region 7                           1541, 1611

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

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

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

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

  Region 2                           C111

  Region 3                           C111

  Region 4                           C119, C211, and C219

  Region 5                           C111 and C211

  Region 6                           C111

  Region 8                           C111

  Region 10                          C111

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

GSAM (next page is D-28)\
APD 2800.12B, Change 3, 07-24-2000 D-25

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

**519.1102 Applicability.**

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

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

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

**519.1103 Procedures.**

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

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

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

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

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

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

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

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

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

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

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

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

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

**522.1021 Requests for hearing.**

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

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

**522.1303 Waivers.**

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

**SUBPART 522.14 EMPLOYMENT OF WORKERS WITH DISABILITIES**

**522.1403 Waivers.**

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

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

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

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

**523.303 Contract clause.**

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

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

**523.370 Solicitation provision.**

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

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

**523.403 Policy.**

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

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

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

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

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

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

GSAM\
D-38 APD 2800.12B, Change 3, 07-24-2000

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

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

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

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

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

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

**523.404 Procedures.**

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

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

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

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

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

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

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

**523.405 Solicitation provision and contract clause.**

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

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

**SUBPART 524.1 PROTECTION OF INDIVIDUAL PRIVACY**

**524.103 Procedures.**

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

**SUBPART 524.2 FREEDOM OF INFORMATION ACT**

**524.203 Policy.**

See 41 CFR Part 105-60 and GSA Freedom of Information Act procedures at
http://www.gsa.gov/staff/c/ca/FOIA/FoiaProc/mainpage.html for
requirements on making records available under the Freedom of
Information Act.

**PART 525 FOREIGN ACQUISITION**

**SUBPART 525.1 BUY AMERICAN ACT \-- SUPPLIES**

**525.103 Exceptions**

\(a\) The HCA is authorized to make the determination required by FAR
25.103(a). The HCA may not redelegate this authority.

\(b\) For the determination under FAR 25.103(b)(2)(i):

  --------------------------------- -------------------------------------
  **If** the estimated value of the **Then** ...
  supplies ...                      

  \(1\) Exceeds \$100,000.          Only the HCA may make the
                                    determination. The HCA may not
                                    redelegate this authority.

  \(2\) Does not exceed \$100,000.  The HCA may redelegate authority to
                                    make the determination.
  --------------------------------- -------------------------------------

GSAM\
D-40 APD 2800.12B, Change 3, 07-24-2000

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

**525.202 Exceptions.**

\(a\) The HCA is authorized to make the determination required by FAR
25.202(a)(1). The HCA may not redelegate this authority.

\(b\) For the determination under FAR 25.202(a)(2):

  --------------------------------- -------------------------------------
  **If** the estimated cost of      **Then** ...
  materials ...                     

  \(1\) Exceeds \$100,000.          Only the HCA may make the
                                    determination. The HCA may not
                                    redelegate this authority.

  \(2\) Does not exceed \$100,000.  The HCA may redelegate authority to
                                    make the determination.
  --------------------------------- -------------------------------------

**SUBPART 525.3 BALANCE OF PAYMENTS PROGRAM**

**525.302 Policy.**

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

GSA procurements made directly for other agencies of items to be used
outside the United States are made under the Balance of Payments
Program. The only exception is if GSA contracts as the agent for an
agency governed by the Foreign Assistance Act (22 U.S.C. 2151
[et]{.underline} [seq]{.underline}.). If this exception applies, the
contract will be governed by the policies and procedures of the agency
instead of FAR 25.3 and 525.3. For example, GSA sometimes acts as agent
for the Agency for International Development and the Bureau of
International Narcotics Matters.

**SUBPART 525.5 EVALUATING FOREIGN OFFERS \-- SUPPLY CONTRACTS**

**525.570 Procurement of hand or measuring tools or stainless steel
flatware for DOD.**

\(a\) \"Stainless steel flatware\" means special order and stock items
of stainless steel flatware purchased for DOD, including, but not
limited to, the following National Stock Numbers (NSN):

7340-00-060-6057 7340-00-241-8171\
7340-00-205-3340 7340-00-559-8357\
7340-00-205-3341 7340-00-688-1055

GSAM\
APD 2800.12B, Change 3, 07-24-2000 D-41

7340-00-241-8169 7340-00-721-6316\
7340-00-241-8170 7340-00-721-6971

\(b\) Purchases of hand or measuring tools or stainless steel flatware
exceeding the simplified acquisition threshold by DOD must be domestic
end products. In the case of stainless steel flatware, the Secretary of
the Department concerned can make an exception. The individual must
determine that a satisfactory quality and sufficient quantity produced
in the United States or its possessions are not available when needed at
domestic market prices.

\(c\) If GSA solicitations of hand or measuring tools or stainless steel
flatware include DOD requirements, GSA will apply the DOD restrictions.
The bases for applying the DOD restriction to GSA acquisitions are:

\(1\) DOD's restrictions apply to requisitions of such items from the
GSA stock program.

\(2\) The impracticality of establishing a dual supply system to satisfy
the requirements of civilian and military agencies.

\(3\) GSA may reject any offer when it is considered necessary for
reasons of national interest.

**SUBPART 525.6 TRADE SANCTIONS**

**525.602 Exceptions.**

Forward any determination under FAR 25.602(b)(1) to the Office of
Acquisition Policy, GSA Acquisition Policy Division, for forwarding to
the United States Trade Representative.

**SUBPART 525.11 SOLICITATION PROVISIONS AND CONTRACT CLAUSES**

**525.1101 Acquisition of Supplies.**

If you include DOD requirements for hand or measuring tools or stainless
steel flatware in the solicitation for an acquisition estimated to
exceed the simplified acquisition threshold, insert 552.225-70, Notice
of Procurement Restriction - Hand or Measuring Tools or Stainless Steel
Flatware, in the solicitation and resulting contract(s).

**PART 526 OTHER SOCIOECONOMIC PROGRAMS**

**RESERVED**

GSAM\
D-42 APD 2800.12B, Change 3, 07-24-2000

**Example 5**. For this example, assume negotiated trade-off procedures
are used and that technical and price are equal weight

  -------------- -------------- -------------- --------------- ---------------
  **Business**   **Price        **Eval Price   **Tech          **Eval Price
                 offered**      (1)**          evaluation**    (2)**

  **HD**         118,000        118,000        80              

  **SB**         102,000        112,200        **95**          

  **LB**         **101,000**    **111,100**    75              
  -------------- -------------- -------------- --------------- ---------------

[Explanation]{.underline}: In this case, the offer from the small
business concern is the otherwise successful offer (considering both
price and technical aspects). Therefore, you do not apply the PEP.

**NOTE: In each of the above cases where offers were received from
HUBZone small business, small disadvantaged business, and small business
concerns, the contracting officer may not have done adequate market
research. These acquisitions should have been set aside for small
business because two or more small business** **concerns could have
responded.**

GSAM\
APD 2800.12B, Change 2, 3-10-2000 D-79

**APPENDIX 523A\
GSA AFFIRMATIVE PROCUREMENT PROGRAM\
GSA ORDER OGP 2851.1**

GENERAL SERVICES ADMINISTRATION\
Washington, DC 20405

OGP 2851.1\
March 15, 2000

GSA ORDER

SUBJECT: GSA Affirmative Procurement Program

1\. [Purpose]{.underline}. This Order establishes the GSA Affirmative
Procurement Program for purchase and use of Environmental Protection
Agency (EPA) designated Comprehensive Procurement Guideline (CPG) items
containing recovered materials, environmentally preferable, and biobased
products.

2\. [Cancellations]{.underline}. GSA Affirmative Procurement Program
dated June 19,1996, and Acquisition Letter MV-93-9, Acquisition of
Environmentally Preferable Products, are canceled.

3\. [Background]{.underline}. GSA, as a Federal procuring agency, is
required to procure and use products containing post-consumer content
(recycled material) by the Resource Conservation and Recovery Act
(RCRA), Section 6002, and Executive Order (EO) 13101, "Greening the
Government Through Waste Prevention, Recycling, and Federal
Acquisition." EO 13101 also requires Federal agencies to procure and use
environmentally preferable and biobased products. Both RCRA Section 6002
and EO 13101 require Federal agencies to develop and implement an
Affirmative Procurement Program to facilitate the procurement of these
products.

4\. [Nature of revision]{.underline}. This revision updates GSA\'s
Affirmative Procurement Program to comply with current statutory,
Executive Order and EPA requirements.

5\. [Implementation]{.underline}. Heads of Contracting Activities (HCAs)
that are responsible for acquiring personal property, nonpersonal
services (including construction), and leasehold interests in real
property, will develop implementation plans within 180 days of the date
of this order to comply with the attached GSA Affirmative Procurement
Program. This order is not intended to restrict Federal Supply Schedule
contracting programs.

Sue McIver Paul M. Lynch\
Acting Deputy Associate Administrator GSA Environmental Executive\
for Acquisition Policy

Attachment

GSAM\
D-80 APD 2800.12B, Change 3, 07-24-2000

**U.S. General Services Administration**

**Affirmative Procurement Program**

**March 15, 2000**

A Program for Compliance with Section 6002 of the Resource Conservation
and Recovery Act (RCRA) and Executive Order (EO) 13101 requiring the
purchase and use of Environmental Protection Agency (EPA) designated
Comprehensive Procurement Guideline (CPG) items containing recovered
materials, \"environmentally preferable,\" and biobased products.

GSAM\
APD 2800.12B, Change 3, 07-24-2000 D-81

**Preface**

The U.S. General Services Administration (GSA), as a Federal procuring
agency, is required to procure and use products containing post-consumer
content (recycled material) by the Resource Conservation and Recovery
Act (RCRA), Section 6002, and Executive Order (EO) 13101, "Greening the
Government Through Waste Prevention, Recycling, and Federal
Acquisition." EO 13101 also requires Federal agencies to procure and use
\"environmentally preferable\" and biobased products. Both RCRA Section
6002 and EO 13101 require each Federal agency to develop and implement
an Affirmative Procurement Program (APP) to facilitate the procurement
of these products.

The APP seeks to promote markets for products containing recycled
materials, thereby reducing the quantity of solid waste requiring
disposal. Procurement and use of \"environmentally preferable\" and
biobased products promotes the technologies to develop products that
effectively compete with the traditional products already familiar to
us. The Federal Government is the largest purchasing agent in the U.S.;
therefore,

it is important that we maximize the procurement and use of these new
environmental products in order to help increase and expand the market.

Implementing these guidelines to the maximum extent possible provides
for:

(1) The opportunity for GSA to demonstrate its commitment to the
    environment by becoming a leader in the procurement and use of
    environmental products.

(2) Increased demand for these products, creating markets for recycled
    materials.

(3) Decreased demand for virgin products.

(4) Reduction in landfill space required and associated costs.

(5) Direct or indirect cost savings from the procurement of designated
    products containing recycled content versus traditional virgin
    products.

(6) Benefits associated with some products containing recycled content
    that possess improved properties over traditional virgin products.

(7) Development of new environmental technologies.

Each GSA region and Central Office service and staff office must
participate in the GSA APP to the maximum extent feasible. Questions
regarding this program may be directed to the Office of Acquisition
Policy (MV) or the GSA Environmental Executive.

GSAM\
D-82 APD 2800.12B, Change 3, 07-24-2000

**Table of Contents**

**Topic page**

Preface i

Purpose 1

Policy 1

Applicability 2

Background 2

EPA-Designated CPG Items and RMANs 3

Affirmative Procurement Key Program Elements 3

Preference Program 3

Promotion Program 4

Vendor Estimation, Certification, and Verification 5

Annual Review, Monitoring, and Reporting 6

Determination 7

Specification Control 7

Awards 8

Goals 8

Waste Prevention Opportunities 8

# Appendices

A. GSA Affirmative Procurement Program Fact Sheet 9

B. Sample Format for Determination 12

C. Summary of Legislative and Regulatory Requirements 13

D. Definitions 15

GSAM\
APD 2800.12B, Change 3, 07-24-2000 D-83

**GSA AFFIRMATIVE PROCUREMENT PROGRAM**

**1. Purpose**

The GSA Affirmative Procurement Program (APP) establishes policy and
procedures to assist GSA procurement and program offices promote the
purchase of products containing recycled material, "environmentally
preferable" products and services, and biobased products in accordance
with the requirements of RCRA, Section 6002, EO 13101, and Office of
Federal Procurement Policy (OFPP) Letter 92-4.

**2. Policy**

a\. All GSA procurement and requisitioning offices will procure and use
products

containing recycled materials, \"environmentally preferable\" products
and services, and biobased products to the maximum extent feasible. GSA
will procure and use those products:

(1) Specified by the U.S. Environmental Protection Agency (EPA) as
    Comprehensive Procurement Guideline (CPG) items and their associated
    Recovered Materials Advisory Notices (RMANs). The list of CPG items
    is available at http://www.epa.gov/cpg.

(2) Designated as environmentally oriented in the GSA Federal Supply
    Service \"Environmental Products and Services Guide.\" This guide is
    available at the FSS Environmental Homepage at
    http://pub.fss.gsa.gov/environ.

(3) To be designated as biobased products on the United States
    Department of Agriculture (USDA) Biobased Products List. The APP
    will be updated once this list becomes available.

b\. Many of these products are already available through various GSA
supply programs.

c\. ***Each region and Central Office service and staff office must
implement this program tailored to its own needs. Each Head of the
Contracting Activity (HCA) will develop an implementation plan that, at
a minimum, addresses key program elements that are required by law. To
facilitate program implementation, the appendices include an APP Fact
Sheet, sample determination format, a summary of legislative and
regulatory requirements, and definitions. The list of EPA-designated CPG
items and RMANs is available at*** ***http://www.epa.gov/cpg.***

GSAM\
D-84 APD 2800.12B, Change 3, 07-24-2000

**3. Applicability**

The APP applies to 100 percent of GSA purchases of EPA-designated CPG
items unless the item is not available competitively within a reasonable
time frame, does not meet appropriate performance standards, or is only
available at an unreasonable price. This program applies to all regions
and to Central Office services and staff offices that are responsible
for acquiring personal property, nonpersonal services (including
construction), and leasehold interests in real property. The program
applies to GSA offices purchasing items for internal use or consumption
(e.g., office supplies, carpet, etc.) as well as to contracts that
provide for contractor operation of a Government-owned or -leased
facility and contracts that provide for contractor or other support
services at Government-owned or -operated facilities. This APP applies
to the acquisition and management of Federally owned and leased space
and the acquisition and management of all leased space and construction
of new Federal buildings.

**4. Background**

a\. RCRA Section 6002, EO 13101, and OFPP Letter 92-4 require each
procuring agency to develop and implement an affirmative procurement
program. A procuring agency is defined as:

> "...any Federal agency, or any State agency, or agency of a political
> subdivision of a State which uses appropriated Federal funds for such
> procurement, or any person contracting with any such agency with
> respect to work performed under such contract." \[The term \"person\"
> is defined in such a way as to include contractors.\]

b\. The OFPP letter and the order further require that this program be
cost-effective. The letter defines a \"Cost-Effective Procurement
Preference Program\" as one

\"\...that favors, where price and other factors are equal, the
procurement of products and services that are more environmentally-sound
or energy-efficient than other competing products and services.\"

c\. Any solicitation or contract that is for, or specifies the use of,
an EPA-designated CPG item must include the appropriate solicitation
provision and contract clause (FAR 52.223-4 and 52.223-9).

d\. There are 3 situations when GSA may justify not purchasing an EPA-
designated CPG item or \"environmentally preferable\" product:

(1) It is not available competitively within a reasonable time frame.

(2) It does not meet appropriate performance standards.

(3) It is only available at an unreasonable price.

GSAM\
APD 2800.12B, Change 3, 07-24-2000 D-85

e\. References to environmental issues are included in the Federal
Acquisition Regulation (FAR) at Parts 7 (Acquisition Planning), 10
(Market Research), 11 (Describing Agency Needs), 23 (Environment,
Conservation, Occupational Safety, and Drug-Free Workplace), and 42
(Contract Administration). Similar references may also be found in the
General Services Administration Acquisition Manual (GSAM) at Parts 507,
511, and 523.

**5. EPA-Designated CPG Items and RMANs**

5.  a\. RCRA and the Executive order require EPA to designate CPG items
    and their

accompanying RMANs. All procuring agencies must comply with the EPA
guidance. The RMAN for each product line describes the minimum amount or
a range of recycled material that must be present in the particular
product purchased.

b\. The EPA-designated CPG items and associated RMANs are subject to
additions and revisions by EPA. The web site at http://www.epa.gov/cpg
will be updated accordingly.

6.  **Affirmative Procurement Key Program Elements**

a\. For compliance with RCRA, Section 6002 and EO 13101, an APP is to
address the following key program elements:

(1) Preference Program

(2) Promotion Program

(3) Procedures for estimation, certification and verification

(4) Performance measures or procedures (for annual review and
    monitoring)

b\. ***At a minimum, each APP implementation plan must incorporate these
program elements.***

**7. Preference Program**

a\. Each HCA will develop a plan to implement the procurement preference
program for each of the EPA-designated CPG items, \"environmentally
preferable\" products and services, and biobased products. Many such
products are available through GSA\'s Federal Supply Schedules. **Give
preference to these when price, performance and availability are equal
to traditional products and services.**

b\. Competition between environmental products and services required by
RCRA and EO 13101 and traditional products and is encouraged when
adequate competition is not available

GSAM\
D-86 APD 2800.12B, Change 3, 07-24-2000

for the former based on market research. Award may be made to the
traditional product or service based on one of the exemptions. While the
EPA web site lists manufacturers and suppliers for the CPG items, newly
introduced products or services may not have sufficient manufacturers
and suppliers to provide a satisfactory level of competition.

c\. The procurement originator is responsible for defining product
performance requirements. When the solicitation includes a recycled
product, the originator must ensure that it meets the minimum recycled
content required by EPA.

d\. If a contracting officer consistently experiences a problem
procuring a CPG item that meets the RMAN requirements for recycled
content, he or she should contact the GSA Environmental Executive for
assistance.

e\. For purchases at or under the micropurchase threshold, procurement
originators and purchasers are encouraged to consider aggregating when
this method would promote economy and efficiency. When aggregating
results in a requirement that exceeds the purchasing authority of an
individual, another purchaser with adequate authority must execute the
action.

**8. Promotion Program**

a\. The GSA Office of Acquisition Policy (MV) and the GSA Environmental
Executive will actively promote GSA's policy to purchase recycled
products and will provide guidance to the services and regional offices
on implementing the program. MV and the GSA Environmental Executive
will:

(1) Promote the GSA preference program in trade publications,
    recycling/environmental journals, and procurement publications.

(2) Develop and provide standard language for solicitations and
    statements of work.

(3) Develop and provide information and training to procurement and
    program offices regarding GSA's preference program for recycled
    products through conferences, workshops, and meetings.

(4) Provide vendor and product information by means of:

```{=html}
<!-- -->
```
(a) Multi-use File for Interagency News (MUFFIN).

(b) GSA *Advantage!* on-line shopping service.

(c) FSS publications such as the \"Environmental Products and Services
    Guide,\" applicable Federal Supply Schedules, \"Marketips,\" and
    other customer catalogs.

GSAM\
APD 2800.12B, Change 3, 07-24-2000 D-87

b\. Each HCA will implement a promotional program that:

(1) Informs suppliers about the recycled product lines in GSA's
    preference program.

(2) Educates procurement and program offices about requirements to
    procure recycled products.

(3) Incorporates life cycle cost analysis whenever feasible and
    appropriate to assist in selecting an EPA-designated CPG item.

(4) Provides GSA and its contractors information on sources of recycled
    products.

(5) Encourages contractors to use electronic commerce/electronic data
    interchange (EC/EDI).

(6) Requires contractors to maximize the use of double-sided recycled
    content paper for submitting written acquisition documents.

**9. Vendor Estimation, Certification and Verification**

a\. The GSA Federal Supply Service, Government Printing Office (GPO) and
Department of Defense (DOD)/Defense Logistics Agency (DLA) have
established their own system regarding certification and verification of
EPA-designated CPG items. Products purchased from these sources will
need no further action.

b\. When conducting open market procurements in excess of the
micropurchase threshold, the following procedures apply:

(1) [Estimation and Certification.]{.underline}

```{=html}
<!-- -->
```
(a) In solicitations that are for, or specify the use of, recovered
    materials:

```{=html}
<!-- -->
```
(i) The contracting officer must include FAR 52.223-4, Recovered
    Material Certification.

(ii) A vendor responding to the solicitation must provide the required
     certification with its offer.

```{=html}
<!-- -->
```
(b) In contracts exceeding the simplified acquisition threshold that are
    for, or

> specify the use of, an EPA-designated item:

GSAM\
D-88 APD 2800.12B, Change 3, 07-24-2000

(i) The contracting officer must include FAR 52.223-9, Certification and
    Estimate of Percentage of Recovered Material Content for
    EPA-Designated Items.

(ii) The contractor must provide the required certification and estimate
     at contract completion.

> \(2\) [Verification.]{.underline} The GSA Environmental Executive
> shall periodically review vendor certification documents as part of
> the annual review and monitoring process. These reviews will assist in
> verifying GSA\'s compliance with EO 13101.

**10. Annual Review, Monitoring and Reporting**

a\. RCRA and EO 13101 require the GSA Environmental Executive to:

(1) Ensure that GSA procures and uses the maximum amount feasible of
    EPA- designated CPG items.

(2) Submit an annual status report to the Office of Management and
    Budget (OMB) and the Office of the Federal Environmental Executive.

```{=html}
<!-- -->
```
b.  The annual status report must address:

```{=html}
<!-- -->
```
(1) CPG item purchases.

(2) Status of review of product specifications, descriptions and
    standards regarding new products.

(3) Justification as to why CPG products were not purchased or submit a
    plan as to how GSA will increase purchases.

c\. The GSA Environmental Executive will relay to regional and Central
Office services and staff offices strengths and weaknesses of the GSA
APP identified by this process.

d\. Regions and Central Office services and staff offices are required
to participate and cooperate in all tracking mechanisms and review
processes developed and implemented by the GSA Office of Acquisition
Policy and Environmental Executive. The GSA Environmental Executive will
initiate specific procedures for gathering procurement data, develop a
monitoring strategy and transmit these to the responsible service and
regional offices.

GSAM\
APD 2800.12B, Change 3, 07-24-2000 D-89

**11. Determination**

a\. The following conditions may justify not purchasing an
EPA-designated CPG item or a product that does not meet the content
level described in EPA\'s web site at http://www.epa.gov/cpg (for
certain product lines GSA may exceed the amount of recycled material
specified in the RMAN):

(1) It is not available competitively within a reasonable time frame.

(2) It does not meet appropriate performance standards.

(3) It is only available at an unreasonable price. EPA defines an
    unreasonable price \"\...as a price that is greater than the price
    of a competing product made from virgin materials. EPA further
    interprets the reasonable price provision of RCRA Section
    6002(c)(1)(C) to mean that there are no projected or observed
    long-term or average increases over the price of competing virgin
    items. This interpretation is supported in the preamble to the OFPP
    Policy Letter 92-4 (57 FR 53364), which provides that there is no
    legal mandate to provide a price preference for products containing
    recovered materials over similar virgin products.\"

b\. For acquisitions exceeding the micropurchase threshold, each
determination must be documented in writing, citing the appropriate
justification(s), and providing an explanation. The contracting officer
must:

(1) Sign and date the determination.

(2) Retain the original determination in the official contract file.

(3) Provide a copy of the determination to the GSA Environmental
    Executive.

c\. Appendix B provides a sample format for determinations. Either the
procurement originator or the contracting officer may initiate the
determination.

**12. Specification Control**

a\. The procurement originator is responsible for reviewing product
performance specifications, product descriptions, and standards of
EPA-designated CPG items during the acquisition planning stage.
Specifications and standards regarding a CPG product line must relate to
the performance of that product. Product specifications and standards
that prevent the purchase of CPG items or \"environmentally preferable\"
products must be revised or eliminated in the actual procurement
specifications. Product specifications, where appropriate, must:

GSAM\
D-90 APD 2800.12B, Change 3, 07-24-2000

(1) Express preference for purchase of products with recovered
    materials.

(2) Eliminate requirements for virgin materials.

(3) Eliminate requirements excluding use of recovered materials.

(4) Specify performance requirements.

(5) Eliminate performance standards having more stringent requirements
    than necessary.

b\. Questions regarding product performance and availability should be
directed to the GSA Environmental Executive.

**13. Awards**

a\. The GSA Environmental Executive administers the annual GSA
Environmental Awards program in which the Administrator recognizes
employees for their successful efforts in waste prevention, recycling,
and affirmative procurement. Requests for nominations will appear in
\"GSA Update\" periodically. Any GSA employee may submit nominations
(e.g., procurement, program, environmental personnel, supervisors, or
co-workers). In completing your nomination, consider the following
suggestions:

(1) Provide a clear and concise description of the environmental
    initiative.

(2) Show how success was measured.

(3) Document success with data.

**14. Goals**

The GSA Environmental Executive will establish annual agency-wide
environmental goals, which will focus on the requirements of EO 13101
and the current environmental initiatives established by the
Administration and GSA. Environmental goals will be updated as
necessary. The GSA Environmental Executive will distribute information
on goals to services and regions to allow them to plan the coming fiscal
year initiatives.

**15. Waste Prevention Opportunities**

The GSA Environmental Executive will update services and regions on the
latest waste prevention opportunities on a regular basis and establish a
clearinghouse of best practices in the environmental arena.

GSAM\
APD 2800.12B, Change 3, 07-24-2000 D-91

**Appendix A**

**GSA Affirmative Procurement Program Fact Sheet**

**What is the GSA Affirmative Procurement Program?**

The GSA Affirmative Procurement Program (APP) was developed to fulfill
the requirements of both the Resource Conservation and Recovery Act
(RCRA) Section 6002 and Executive Order (EO) 13101, "Greening the
Government Through Waste Prevention, Recycling and Federal Acquisition."
It ensures that we procure and use \"environmentally preferable\"
products and those containing recycled materials to the maximum extent
feasible. GSA will focus its attention on the procurement and use of
those products specified by the U.S. Environmental Protection Agency
(EPA) as Comprehensive Procurement Guideline (CPG) items and the
companion publications "Recovered Materials Advisory Notices" (RMANs)
(see http://www.epa.gov/cpg).

**Why must GSA comply with RCRA Section 6002 and EO 13101?**

RCRA requires all Federal agencies to purchase an EPA-designated CPG
item when either (1) the purchase of such item or a "functionally
equivalent" one exceeds \$10,000, or (2) applicable purchases or
acquisitions made in the preceding fiscal year exceeded \$10,000. This
\$10,000 threshold applies to each procuring agency as a whole;
therefore, all GSA contracting officers and requisitioning offices are
required to comply.

**How will the GSA APP be implemented?**

Each service and region will determine the best way to implement this
program, but every GSA employee is responsible for purchasing
EPA-designated CPG items whenever feasible. Each region and Central
Office service and staff office must also measure their success in
meeting environmental goals.

**Does the APP apply to micropurchases?**

Yes. You must give preference to EPA-designated CPG items,
\"environmentally preferable\" products and services, and biobased
products when price, performance, and availability are equal to
traditional products and services. The list of EPA-designated CPG items
is available at http://www.epa.gov/cpg. Many EPA-designated CPG items
with appropriate recovered material content levels and \"environmentally
preferable\" products and services are available in the GSA Federal
Supply Service \"Environmental Products and Services Guide\" which is
available at http://pub.fss.gsa.gov/environ. The United States
Department of Agriculture (USDA) will be developing a Biobased Products
List and this APP will be updated once this list becomes available.
Neither the clauses in paragraph 9 nor the written determination
required in paragraph 11 of the APP apply to micropurchases.

GSAM\
D-92 APD 2800.12B, Change 3, 07-24-2000

**Exactly what products is GSA required to buy and use?**

We will concentrate our efforts to buy and use the products designated
by EPA as CPG items. These items are manufactured from recycled
materials and range from office products to construction materials. A
complete listing of these items appears at http://www.epa.gov/cpg. We
will also procure and use \"environmentally preferable\" products,
especially cleaning products and paints and other chemicals with
appropriate Volatile Organic Compound (VOC) content levels. Many of
these are available at http://pub.fss.gsa.gov/environ.

**What is a "Recovered Materials Advisory Notice" (RMAN)?**

The RMAN is the amount of recycled content that a CPG item must contain
in order to fulfill the objective of RCRA and EO 13101. Before EPA
designates a certain product line for inclusion as a CPG item, they do
extensive research into the product availability, efficacy, and costs at
a specified level of recycled content. For example, suppose you want to
buy copier paper containing 100% recycled content; it may be so costly
or scarce that its purchase and use wouldn't be feasible. However, EPA
has determined that copier paper containing 30% recycled content is
widely available and competitively priced. Therefore 30% recycled
content for copier paper becomes the EPA RMAN.

**How does the GSA APP impact our contracts and contractors?**

Under covered contracts, procurement originators must write
specifications to ensure the following: preference for recovered
material and elimination of requirements for virgin materials;
preference for purchase of products with recovered materials and
elimination of requirements that exclude the use of recovered materials;
and, performance standards that do not contain more stringent
requirements than necessary. Additionally, contracting officers must
include the necessary Federal Acquisition Regulation (FAR) provision and
clause in solicitations for covered contracts (FAR 52.223-4 and FAR
52.223-9).

**Are there any situations when we are excused from purchasing a CPG
item?**

There are only 3 situations when GSA may justify not purchasing an
EPA-designated CPG item:

(1) It is not available competitively within a reasonable time frame.

(2) It does not meet appropriate performance standards.

(3) It is only available at an unreasonable price.

For acquisitions exceeding the micropurchase threshold, contracting
officers must submit a written determination citing the appropriate
justification(s) and providing an explanation to the GSA Environmental
Executive (see sample format at Appendix B of the GSA APP).

GSAM\
APD 2800.12B, Change 3, 07-24-2000 D-93

**Where can I obtain more information about the GSA APP?**

If you have specific questions regarding the environmental aspects of
this program, contact the GSA Environmental Executive on (202) 501-0971.
For acquisition related questions, contact the GSA Acquisition Policy
Division (MVP) on (202) 501-1224.

**Who is responsible for reporting GSA's success in implementing this
APP?**

The GSA Environmental Executive makes annual reports to the Office of
Management and Budget and the Office of the Federal Environmental
Executive.

GSAM\
D-94 APD 2800.12B, Change 3, 07-24-2000

**Appendix B**

**Format for Determination**

**Procurement Request No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

The following CPG item(s):

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

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

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

were not procured due to (check all that apply):

\_\_\_\_ Not available competitively within a reasonable time frame.

\_\_\_\_ Does/Do not meet appropriate performance standards.

\_\_\_\_ Only available at an unreasonable price.

Explanation:

[(Signature)]{.underline}

Procurement Originator Date

Approved:

[(Signature)]{.underline}

Contracting Officer Date

Copy to:

GSA Environmental Executive

GSAM\
APD 2800.12B, Change 3, 07-24-2000 D-95

**Appendix C**

**Summary of Legislative and Regulatory Requirements**

**Resource Conservation and Recovery Act (RCRA).** In 1976, RCRA was
enacted to replace the Solid Waste Disposal Act of 1965. The primary
function of RCRA is to ensure the safe and environmentally acceptable
management of solid waste. Two preferred methods of solid waste
management are recycling and resource recovery, and both can be
encouraged through Federal procurement policies promoting purchasing and
using products made from recovered materials.

**Executive Order (EO) 13101.** On September 14, 1998, the President of
the United States issued EO 13101, \"Greening the Government Through
Waste Prevention, Recycling and Federal Acquisition.\" The order expands
Federal waste prevention and recycling programs and reiterates Federal
procurement policies mandated by RCRA. The order also requires Federal
agencies to procure other \"environmentally preferable\" products and
services. EO 13101 specifies that Federal agencies, that have not
already done so must develop and implement, to the extent practicable,
affirmative procurement programs within 90 days after the effective date
of the order.

The main goals of Section 6002 of RCRA and EO 13101 are to:

-   Promote cost-effective waste prevention activities and recover
    materials reusable by Federal agencies.

-   Stimulate private sector markets for recovered materials through
    preferential (designated) item procurement.

-   Spur private sector new technologies development, thereby creating
    new business and employment opportunities, through the use of
    recycled and \"environmentally preferable\" products.

-   Conserve waste disposal capacity through cost-effective waste
    prevention and recycling programs.

-   Establish Federal waste prevention and recycling leadership.

GSA\'s Affirmative Procurement Program (APP) incorporates the
requirements of RCRA and the Executive order pertaining to affirmative
procurement.

**Environmental Protection Agency (EPA).** EPA has issued Federal
procurement guidelines containing regulatory requirements binding on
Federal agencies. The guidelines also contain recommendations for
Federal agencies to develop and implement affirmative procurement

GSAM\
D-96 APD 2800.12B, Change 3, 07-24-2000

programs. For each guideline, EPA requires procuring agencies to
incorporate the designated item into their APPs. EPA\'s guidelines are
codified at 40 CFR 247. Agencies have one year from the time of issuance
to comply with additional guidelines.

A complete reference of EPA Procurement Guidelines for the current CPG
items is available electronically on the EPA web site at
http://www.epa.gov/cpg.

**OFPP Policy Letter 92-4.** OFPP Policy Letter 92-4, \"Procurement of
Environmentally-Sound and Energy-Efficient Products and Services,\"
establishes Executive branch policies for the acquisition and use of
environmentally-sound, energy-efficient products and services. OFPP\'s
Policy Letter requires procuring Federal agencies, when drafting or
reviewing specifications for guideline items, to assure they:

(1) Do not exclude the use of recovered materials;

(2) Do not unnecessarily require the item to be manufactured from virgin
    materials; and

(3) Require the use of recovered materials and environmentally-sound
    components to the maximum extent practicable without jeopardizing
    the intended use of the item.

Federal agencies must use product descriptions and prepare contract
specifications reflecting cost-effective procurement and use of
designated recycled products, encouraging bidders to supply products
containing recycled material.

An electronic copy of this letter is available on: http://www.arnet.gov.
Click the "Reference Corner" and then the "Office of Federal Procurement
Policy Letters."

GSAM\
APD 2800.12B, Change 3, 07-24-2000 D-97

**Appendix D**

**Definitions**

**Acquisition** - acquiring by contract with appropriated funds for
supplies or services (including construction) by and for the use of the
Federal Government through purchase or lease, whether the supplies or
services are already in existence or must be created, developed,
demonstrated and evaluated. Acquisition begins at the point when agency
needs are established and includes the description of requirements to
satisfy agency needs, solicitation, selection of sources, contract award
and financing details, contract performance and administration, and
those technical and management functions directly related to the process
of fulfilling agency needs by contract. \[EO 13101\] Note: The term
acquisition also applies to the act of obtaining items of supply from
established Federal supply sources, such as GSA/FSS and DOD/DLA, through
the automated or manual requisitioning process.

**Affirmative Procurement Program (APP)** - a program assuring that
EPA-designated Comprehensive Procurement Guideline (CPG) items composed
of recovered materials and \"environmentally preferable\" and biobased
products will be purchased to the maximum extent practicable, consistent
with Federal law and procurement regulations. \[RCRA, Section 6002, EO
13101\]

**Biobased Product** - a commercial or industrial product (other than
food or feed) that utilizes biological products or renewable domestic
agricultural (plant, animal, and marine) or forestry materials.

**Certification** - written documentation provided by
offerors/bidders/vendors certifying that the percentage of recovered
materials contained in products or used in the performance of the
contract is at least the amount required by applicable specifications or
other contractual requirements. Certification on multi-component or
multi-material products should verify the percentage of postconsumer
waste and recycled material contained in the major constituents of the
product. \[EPA Guidelines\]

**Cost-Effective Procurement Preference Program** - a procurement
program favoring more environmentally-sound or energy-efficient products
and services than other competing products and services, where price and
other factors are equal. \[OFPP Policy Letter 92-4\]

**Designated Item** - an available EPA guideline item or category of
items, made with recovered material, advancing the purpose of RCRA when
purchased. \[RCRA, Section 6002\]

**Environmentally Preferable** - products or services having a lesser or
reduced \[negative\] effect on human health and the environment when
compared with competing products or services,

GSAM\
D-98 APD 2800.12B, Change 3, 07-24-2000

serving the same purpose. This comparison may consider raw materials
acquisition, production, manufacturing, packaging, distribution, reuse,
operation, maintenance, or disposal of the product or service. \[EO
13101\]

**Environmentally-Sound** - a product or service less damaging to the
environment when used, maintained, and disposed of in comparison to a
competing product or service. \[OFPP Policy Letter 92-4\]

**Estimation** - quantitative determination made by vendors of the total
percentage of recovered material contained in offered products.
Estimations should be based on historical or actual percentages of
recovered materials in products sold in substantial quantities to the
general public or on other factual basis. EPA recommends procuring
agencies maintain records of these documents for three years by product
type, quantity purchased, and price paid. \[EPA Guidelines\]

**Executive Agency or Agency** - an Executive agency as defined in 5
U.S.C 105. For the purpose of EO 13101, military departments, as defined
in 5 U.S.C. 102, are covered under the auspices of the Department of
Defense. \[EO 13101\]

**Federal Supply Source** - any supply source managed by a Federal
agency such as the General Services Administration\'s Federal Supply
Service, the Government Printing Office, or the Department of Defense\'s
Defense Logistics Agency.

**Life Cycle Assessment** - the comprehensive examination of a
product\'s environmental and economic aspects and potential impacts
throughout its lifetime, including raw material extraction,
transportation, manufacturing, use, and disposal. \[EO 13101\]

**Life Cycle Cost** - the amortized annual cost of a product, including
capital costs, installation costs, operations costs, maintenance costs,
and disposal costs discounted over the lifetime of the product. \[EO
13101\]

**Minimum Content Standard** - the minimum recovered material content
specifications set to assure the recovered material content required is
the maximum available without jeopardizing the intended item use or
violating the limitations of the minimum content standards set forth by
EPA\'s guidelines. \[RCRA, Section 6002\]

**Performance Specification** - a specification stating the desired
product operation or function, but not specifying its construction
materials. \[EPA Guidelines\]

**Postconsumer Material** - a material or finished product that has
served its intended use and has been discarded for disposal or recovery,
having completed its life as a consumer item. \"Postconsumer material\"
is a part of the broader category of \"recovered material.\" \[EO
13101\]

GSAM\
APD 2800.12B, Change 3, 07-24-2000 D-99

**Postconsumer Waste** - a material or product, discarded for disposal
after passing through the hands of a final user, having served its
intended purpose. Postconsumer waste is part of the broader category of
\"recycled material.\" \[OFPP Policy Letter 92-4 and 40 CFR 247.101(e)\]

**Practicable** - capable of performing in accordance with applicable
specifications, available at a reasonable price and within a reasonable
period of time, and while maintaining a satisfactory level of
competition with other products. \[EPA Guidelines\]

**Preference** - when two products or services are equal in performance
characteristics and price, the Government, in making purchasing
decisions, will favor the more environmentally-sound or energy-efficient
product. \[OFPP Policy Letter 92-4\]

**Preference Standard** - the highest practicable minimum content
standards for products. When minimum content is impractical to
calculate, preference is for the presence of a recovered material or an
environmentally oriented trait (i.e., retread tires).

**Procurement Guidelines** - regulations issued by EPA pursuant to
Section 6002 of RCRA: (1) identifying items produced (or that can be
produced) with recovered materials, where procurement of such items will
advance the objectives of RCRA; and (2) providing recommended practices
for the procurement of such items. \[RCRA, Section 6002\]

**Procuring Agency** - any federal or State agency, or agency of a
State\'s political subdivision using appropriated Federal funds for a
procurement, or any person contracting with any such agency with respect
to work performed under a contract. \[EPA Guidelines\]. The term
\'\'person\'\' means an individual, trust, firm, joint stock company,
corporation (including a government corporation), partnership,
association, State, municipality, commission, political subdivision of a
State, or any interstate body and shall include each department, agency,
and instrumentality of the United States.

\[42 U.S.C. 6903 (15)\]

**Recovered Material** - waste materials and by-products recovered or
diverted from solid waste, excluding those materials and by-products
generated from, and commonly reused within, an original manufacturing
process. \[EO 13101 and 42 U.S.C. 6903 (19)\]

**Recycled Material** - a material utilized in place of raw or virgin
material in product manufacturing consisting of materials derived from
postconsumer waste, industrial scrap, material derived from agricultural
wastes, and other items, all of which can be used in new product
manufacture. \[EPA Guidelines and OFPP Policy Letter 92-4\]

**Recycling** - the series of activities, including collection,
separation, and processing, by which products or other materials are
recovered from the solid waste stream for use in the form of raw
materials in the manufacture of new products other than fuel for
producing heat or power by combustion. \[EO 13101\]

GSAM\
D-100 APD 2800.12B, Change 3, 07-24-2000

**Solid Waste** - garbage, refuse, sludges, and other discarded solid
materials, including those from industrial, commercial, and agricultural
operations, and from community

activities. This excludes solids or dissolved materials in domestic
sewage or other significant pollutants in water resources, such as silt,
dissolved or suspended solids in industrial waste water effluents,
dissolved materials in irrigation return flow, etc. \[EPA Guidelines\]

**Specification** - a clear and accurate description of the technical
requirements for materials, products, or services including the minimum
requirement for materials\' quality and construction and any equipment
necessary for an acceptable product. In general, specifications are in
the form of written descriptions, drawings, prints, commercial
designations, industry standards, and other descriptive references.
\[EPA Guidelines\]

**Verification** - procedures used by procuring agencies to confirm both
vendor estimates and certifications of the percentages of recovered
material contained in the products supplied to them or to be used in the
performance of a contract. \[EPA Guidelines\]

**Virgin Material** - a mined or harvested raw material to be used in
manufacturing.

**Waste Prevention** - any change in the design, manufacturing,
purchase, or use of materials or products (including packaging) to
reduce their amount or toxicity before they are discarded. Waste
prevention also refers to the reuse of products or materials. \[EO
13101\]

**Waste Reduction** - preventing or decreasing the amount of waste being
generated through waste prevention, recycling, or purchasing recycled
and \"environmentally preferable\" products. \[EO 13101\]

GSAM\
APD 2800.12B, Change 3, 07-24-2000 D-101

**532.905-71 Final payment - construction and building service
contracts.**

The following procedures apply to construction and building service
contracts.

\(a\) Do not process the final payment on construction or building
service contracts until the contractor submits a properly executed GSA
Form 1142, Release of Claims. If, after repeated attempts, you are
unable to obtain a release of claims from the contractor, you may
process the final payment with the approval of assigned legal counsel.

\(b\) The amount of final payment must include, as appropriate,
deductions to cover any of the following:

\(1\) Liquidated damages for late completion.

\(2\) Liquidated damages for labor violations.

\(3\) Amounts withheld for improper payment of labor wages.

\(4\) The amount of unilateral change orders covering defects and
omissions.

**532.907 Interest Penalties**

You can access the interest rate applicable to late payments under the
Prompt Payment Act at http://www.fms.treas.gov/prompt/formulas.html.
This link provides the current interest rate and a list of past rates
also.

**532.908 Contract clauses.**

\(a\) [Federal Supply Service]{.underline}. For FSS Stock, Special
Order, and Schedules solicitations and contracts that provide payment in
10 days under 532.905(c):

\(1\) If the contract will include FAR 52.212-4, insert the clause at
552.232-74, Invoice Payments. GSA received a class deviation to allow
use of 552.232-74 for commercial items.

\(2\) If the contract will not include FAR 52.212-4, insert 552.232-25,
Prompt Payment, instead of FAR 52.232-25.

\(b\) [Leasehold Interests in Real Property]{.underline}.

\(1\) Insert 552.232-75, Prompt Payment, in solicitations and contracts
for acquiring leasehold interests in real property.

GSAM

APD 2800.12B, Change 3, 07-24-2000 E-11

\(2\) Insert 552.232-76, Electronic Funds Transfer Payment, in
solicitations and contracts for acquisition of leasehold interests in
real property.

\(i\) You may modify the date for constructive acceptance in
subparagraph (b)(2) of the clause to specify a period longer than 7
calendar days (but not to exceed 30 days) if necessary because of the
nature of the services to be received, inspected or accepted by the
Government. Prepare a written justification for specifying the longer
period and obtain your contracting director's approval.

\(ii\) Use Alternate I if the lease contract does not contain provisions
for ordering alterations or overtime utility services.

\(c\) [Solicitations, purchase orders, contracts, and
leases]{.underline}. Insert 552.232-78, Payment Information:

\(1\) In all solicitations, purchase orders, and contracts, including
acquisitions of leasehold interests in real property.

\(2\) In task and delivery orders if the contract that the order is
placed against does not include the clause.

GSAM\
E-12 APD 2800.12B, Change 3, 07-24-2000

\(3\) One (1) representative of the Chief Architect of GSA.

\(4\) For new construction and prospectus level modernization projects,
one (1) private sector practitioner of architecture designated from the
GSA National Register of Peer Professionals. For other types of projects
this slot may be filled by another GSA design professional.

\(5\) One (1) representative of the client organization(s), at the
client\'s option. GSA\'s policy is to afford the client organization(s)
the opportunity to participate in the architect-engineer selection
process. Although not mandatory, GSA strongly recommends that this
voting member be a highly qualified design professional.

\(d\) A maximum of two (2) non-voting advisors may participate in all
activities of the evaluation board except voting. The client
organization(s) may have only one (1) non-voting advisor to the board.
The GSA may also have one non-voting advisor.

\(e\) Other than you and the individuals appointed under paragraphs (c)
and (d) above, there must be no other advisors, or participants in the
official activities of the board.

\(f\) The selection authority officially appoints the evaluation board
members. For new\
construction and prospectus level modernization projects, the selection
authority\
must obtain the concurrence of the Chief Architect of GSA on the
appointment of\
board members.

\(g\) Each board member (voting and non-voting) must sign a \"Conflict
of Interest Acknowledgement and Nondisclosure Agreement\" (Figure 515-1)
before the activities of the board commence. No person may serve as a
board member if that person or any member of that person\'s family has
any direct financial or employment interest in any of the firms being
evaluated. The board member is responsible for identifying any possible
conflict of interest once you identify the competing architect-engineer
firms. You determine whether to disqualify the member from the board.

**536.602-3 Evaluation board functions.**

\(a\) The evaluation board performs the functions described in FAR
36.602-3.

\(b\) Evaluation board members who are private sector design
professionals from the GSA National Register of Peer Professionals may
participate in all activities of the board, including deliberations and
voting. However, they must provide their individual and independent
evaluation of each competing architect-engineer firm to you.

\(c\) Evaluation boards recommend, in order of preference, the most
highly qualified architect-engineer firms for the specific project to
the selection authority.

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

\(1\) Each board member is responsible individually for evaluating and
rating the qualifications of each firm being considered following the
established evaluation criteria.

\(2\) The Chairperson of the board must maintain the integrity of the
evaluation process and ensure that the final selection report is
prepared and submitted to the selection authority.

\(3\) The selection authority concurs with the recommendations from the
evaluation board which lists in order of preference the most highly
qualified firms. If the selection authority does not concur with the
recommendation from the evaluation board, the selection authority must
provide for the contract file a written explanation of the reason.

**PART 537 SERVICE CONTRACTING**

**SUBPART 537.1 SERVICE CONTRACTS \-- GENERAL**

**537.101 Definitions.**

\"Contracts for building services\" means contracts for services
relating to the operation and maintenance of a building (for example,
janitorial; window washing; snow removal; trash removal; lawn and
grounds care; inspection, maintenance and repair of fixed equipment
(e.g., elevators, air-conditioning, heating systems) and protection or
guard service.

**537.106 Funding and term of service contracts.**

517.101 identifies GSA-specific statutory authority for multiyear
contracts for certain services.

**537.110 Solicitation provisions and contract clauses.**

**[Contracts for Building Services]{.underline}**

The following provision and clauses apply to contracts for building
services:

\(a\) If the contract is expected to exceed the simplified acquisition
threshold and it is not initiated under the Javits-Wagner-O'Day Act:

\(1\) Insert 552.237-70, Qualifications of Offerors, in the
solicitation.

\(2\) Insert 552.237-71, Qualifications of Employees, in the
solicitation and contract. If needed, use supplemental provisions or
clauses to describe specific requirements for employees performing work
on the contract.

\(b\) Insert 552.237-72, Prohibition Regarding \"Quasi-Military Armed
Forces,\" in solicitations and contracts for guard service.

GSAM\
F-12 APD 2800.12B, Change 3, 07-24-2000

**SUBCHAPTER H\--CLAUSES AND FORMS**

**PART 552 SOLICITATION PROVISIONS AND CONTRACT CLAUSES**

552.000 Scope of part.

**552.1 Instructions for Using Provisions and Clauses\
** 552.101-70 Using Part 552.\
552.102 Incorporating provisions and clauses.\
552.103 Identification of provisions and clauses.\
552.104 Procedures for modifying and completing provisions and clauses.\
552.105 Procedures for using alternates.\
552.107-70 Provisions and clauses prescribed in 552.1.

**552.2 Text of Provisions and Clauses\
**552.200 Scope of subpart.\
552.203-5 Covenant Against Contingent Fees.\
552.203-70 Price Adjustment for Illegal or Improper Activity.\
552.203-71 Restriction on Advertising.\
552.209-70 Product Removal from Qualified Products List.\
552.209-71 Waiver of First Article Testing and Approval Requirement.\
552.209-72 Supplemental Requirements for First Article Approval \--
Contractor\
Testing.\
552.209-73 Supplemental Requirements for First Article Approval \--
Government\
Testing.\
552.211-8 Time of Delivery.\
552.211-70 Reserved.\
552.211-71 Standard References.\
552.211-72 Reference to Specifications in Drawings.\
552.211-73 Marking.\
552.211-74 Charges for Marking.\
552.211-75 Preservation, Packaging and Packing.\
552.211-76 Charges for Packaging and Packing.\
552.211-77 Packing List.\
552.211-78 Commercial Delivery Schedule (Multiple Award Schedule).\
552.211-79 Acceptable Age of Supplies.\
552.211-80 Age on Delivery.\
552.211-81 Time of Shipment.\
552.211-82 Notice of Shipment.\
552.211-83 Availability for Inspection, Testing, and Shipment/Delivery.\
552.211-84 Non-Compliance with Contract Requirements.\
552.212-70 Preparation of Offer (Multiple Award Schedule).\
552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition
of\
Commercial Items.

GSAM\
APD 2800.12B, Change 3, 07-24-2000 i

552.212-72 Contract Terms and Conditions Required to Implement Statutes
or\
Executive Orders Applicable to GSA Acquisition of Commercial Items.\
552.212-73 Evaluation \-- Commercial Items (Multiple Award Schedule).\
552.214-70 \"All or None\" Offers.\
552.214-71 Progressive Awards and Monthly Quantity Allocations.\
552.214-72 Bid Sample Requirements.\
552.215-70 Examination of Records by GSA.\
552.215-71 Examination of Records by GSA (Multiple Award Schedule).\
552.215-72 Price Adjustment \-- Failure to Provide Accurate
Information.\
552.216-70 Economic Price Adjustment - FSS Multiple Award Schedule
Contracts.\
552.216-71 Economic Price Adjustment - Stock and Special Order Program
Contracts.\
552.216-72 Placement of Orders.\
552.216-73 Ordering Information.\
552.217-70 Evaluation of Options.\
552.217-71 Notice Regarding Option(s).\
552.219-70 Allocation of Orders - Partially Set-aside Items.\
552.219-71 Notice to Offerors of Subcontracting Plan Requirements.\
552.219-72 Preparation, Submission, and Negotiation of Subcontracting
Plans.\
552.219-73 Goals for Subcontracting Plan.\
552.219-74 Section 8(a) Direct Award.\
552.223-70 Hazardous Substances.\
552.223-71 Nonconforming Hazardous Materials.\
552.223-72 Hazardous Material Information.\
552.225-70 Notice of Procurement Restriction - Hand or Measuring Tools
or Stainless\
Steel Flatware.\
552.227-70 Government Rights (Unlimited).\
552.227-71 Drawings and Other Data to Become Property of Government.\
552.228-70 Workers\' Compensation Laws.\
552.229-70 Federal, State, and Local Taxes.\
552.229-71 Federal Excise Tax - DC Government.\
552.232-1 Payments.\
552.232-8 Discounts for Prompt Payment.\
552.232-23 Assignment of Claims.\
552.232-25 Prompt Payment.\
552.232-70 Invoice Requirements.\
552.232-71 Adjusting Payments.\
552.232-72 Final Payment.\
552.232-73 Availability of Funds.\
552.232-74 Invoice Payments.\
552.232-75 Prompt Payment.\
552.232-76 Electronic Funds Transfer Payment.

GSAM\
ii APD 2800.12B, Change 3, 07-24-2000

552.232-77 Payment By Governmentwide Commercial Purchase Card.\
552.232-78 Payment Information.\
552.233-70 Protests Filed Directly with the General Services
Administration.\
552.236-70 Definitions.\
552.236-71 Authorities and Limitations.\
552.236-72 Specialist.\
552.236-73 Basis of Award---Construction Contract.\
552.236-74 Working Hours.\
552.236-75 Use of Premises.\
552.236-76 Measurements.\
552.236-77 Specifications and Drawings.\
552.236-78 Shop Drawings, Coordination Drawings, and Schedules.\
552.236-79 Samples.\
552.236-80 Heat.\
552.236-81 Use of Equipment by the Government.\
552.236-82 Subcontracts.\
552.236-83 Requirement for a Project Labor Agreement.\
552.237-70 Qualifications of Offerors.\
552.237-71 Qualifications of Employees.\
552.237-72 Prohibition Regarding \"Quasi-Military Armed Forces.\"\
552.237-73 Restriction on Disclosure of Information.\
552.238-70 Identification of Electronic Office Equipment Providing
Accessibility for\
the Handicapped.\
552.238-71 Submission and Distribution of Authorized FSS Schedule
Pricelists.\
552.238-72 Identification of Energy-Efficient Office Equipment and
Supplies\
Containing Recovered Materials or Other Environmental Attributes.\
552.238-73 Cancellation.\
552.238-74 Contractor\'s Report of Sales.\
552.238-75 Price Reductions.\
552.238-76 Industrial Funding Fee.\
552.242-70 Status Report of Orders and Shipments.\
552.243-70 Pricing of Adjustments.\
552.243-71 Equitable Adjustments.\
552.243-72 Modifications (Multiple Award Schedule).\
552.246-17 Warranty of Supplies of a Noncomplex Nature.\
552.246-70 Source Inspection by Quality Approved Manufacturer.\
552.246-71 Source Inspection by Government.\
552.246-72 Final Inspection and Tests.\
552.246-73 Warranty - Multiple Award Schedule.\
552.246-74 Reserved\
552.246-75 Guarantees.\
552.246-76 Warranty of Pesticides.\
552.247-70 Placarding Railcar Shipments.\
552.247-71 Diversion of Shipment Under f.o.b. Destination Contracts.\
552.249-70 Termination for Convenience of the Government (Fixed Price)
(Short\
Form).\
GSAM\
APD 2800.12B, Change 3, 07-24-2000 iii

552.249-71 Submission of Termination Liability Schedule.\
552.252-5 Authorized Deviations in Provisions.\
552.252-6 Authorized Deviations in Clauses.\
552.270-1 Instructions to Offerors - Acquisition of Leasehold Interest
in Real\
Property.\
552.270-2 Historic Preference.\
552.270-3 Parties to Execute Lease.\
552.270-4 Definitions.\
552.270-5 Subletting and Assignment.\
552.270-6 Maintenance of Building and Premises - Right of Entry.\
552.270-7 Fire and Casualty Damage.\
552.270-8 Compliance with Applicable Law.\
552.270-9 Inspection - Right of Entry.\
552.270-10 Failure in Performance.\
552.270-11 Successors Bound.\
552.270-12 Alterations.\
552.270-13 Proposals for Adjustment.\
552.270-14 Changes.\
552.270-15 Liquidated Damages.\
552.270-16 Adjustment for Vacant Premises.\
552.270-17 Delivery and Condition.\
552.270-18 Default in Delivery - Time Extensions.\
552.270-19 Progressive Occupancy.\
552.270-20 Payment.\
552.270-21 Effect of Acceptance and Occupancy.\
552.270-22 Default by Lessor During the Term.\
552.270-23 Subordination, Nondisturbance and Attornment.\
552.270-24 Statement of Lease.\
552.270-25 Substitution of Tenant Agency.\
552.270-26 No Waiver.\
552.270-27 Integrated Agreement.\
552.270-28 Mutuality of Obligation.\
552.270-29 Acceptance of Space.

**552.3 Provision and Clause Matrixes**

552.300 Scope of subpart.

**PART 553 FORMS**

**553.1 General**

553.101 Requirements for use of forms.\
553.102 Current editions.\
553.170 Establishing and revising GSA forms.

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

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, 07-24-2000 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:

GSAM\
H-8 APD 2800.12B, Change 3, 07-24-2000

**552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition
of Commercial\
Items.**

As prescribed in 512.301(a)(2), insert the following clause:

CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITION OF
COMMERCIAL ITEMS (JUL 2000)

The Contractor agrees to comply with any provision or clause that is
incorporated herein by reference to implement agency policy applicable
to acquisition of commercial items or components. The provision or
clause in effect based on the applicable regulation cited on the date
the solicitation is issued applies unless otherwise stated herein. The
following provisions and clauses are incorporated by reference:

\[*The contracting officer should either check the provisions and
clauses that apply or delete the provisions and clauses that do not
apply from the list. The contracting officer may add the date of the
provision or clause if desired for clarity*.\]

\(a\) [Provisions]{.underline}.

\_\_\_\_552.237-70 Qualifications of Offerors

\(b\) [Clauses]{.underline}.

\_\_\_\_552.203-71 Restriction on Advertising

\_\_\_\_552.211-73 Marking

\_\_\_\_552.215-70 Examination of Records by GSA

\_\_\_\_552.215-71 Examination of Records by GSA (Multiple Award
Schedule)

\_\_\_\_552.215-72 Price Adjustment\--Failure to Provide Accurate
Information

\_\_\_\_552.219-70 Allocation of Orders \-- Partially Set-Aside Items

\_\_\_\_552.228-70 Workers\' Compensation Laws

\_\_\_\_552.229-70 Federal, State, and Local Taxes

\_\_\_\_552.232-8 Discounts for Prompt Payment

\_\_\_\_552.232-23 Assignment of Claims

\_\_\_\_552.232-71 Adjusting Payments

\_\_\_\_552.232-72 Final Payment

GSAM\
APD 2800.12B, 09-01-99 H-17

\_\_\_\_552.232-73 Availability of Funds

\_\_\_\_552.232-78 Payment Information

\_\_\_\_552.237-71 Qualifications of Employees

\_\_\_\_552.238-71 Submission and Distribution of Authorized FSS
Schedule Price List

\_\_\_\_552.238-74 Contractor\'s Report of Sales

\_\_\_\_552.238-75 Price Reductions

\_\_\_\_552.242-70 Status Report of Orders and Shipments

\_\_\_\_552.243-72 Modifications (Multiple Award Schedule)

\_\_\_\_552.246-73 Warranty - Multiple Award Schedule

\_\_\_\_552.246-76 Warranty of Pesticides

(End of clause)

**552.212-72 Contract Terms and Conditions Required to Implement
Statutes or Executive\
Orders Applicable to GSA Acquisition of Commercial Items.**

As prescribed in 512.301(a)(3), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS\
(JUL 2000)

The Contractor agrees to comply with any provision or clause that is
incorporated herein by reference to implement provisions of law or
Executive Orders applicable to acquisition of commercial items or
components. The provision or clause in effect based on the applicable
regulation cited on the date the solicitation is issued applies unless
otherwise stated herein. The following provisions and clauses are
incorporated by reference:

\[*The contracting officer should either check the provisions and
clauses that apply or delete the provisions and clauses that do not
apply from the list. The contracting officer may add the date of the
provision or clause if desired for clarity*.\]

\(a\) [Provisions]{.underline}.

\_\_\_\_552.223-72 Hazardous Material Information

GSAM\
H-18 APD 2800.12B, Change 3, 07-24-2000

\(b\) [Clauses]{.underline}.

\_\_\_\_552.223-70 Hazardous Substances

\_\_\_\_552.223-71 Nonconforming Hazardous Material

\_\_\_\_552.238-70 Identification of Electronic Office Equipment
Providing Accessibility for the\
Handicapped

\_\_\_\_552.238-72 Identification of Energy-Efficient Office Equipment
and Supplies Containing\
Recovered Materials or Other Environmental Attributes

\_\_\_\_552.238-76 Industrial Funding Fee

(End of clause)

**552.212-73 Evaluation \-- Commercial Items (Multiple Award
Schedule).**

As prescribed in 512.301(a)(4), insert the following provision:

EVALUATION \-- COMMERCIAL ITEMS (MULTIPLE AWARD SCHEDULE) (AUG 1997)

\(a\) The Government may make multiple awards for the supplies or
services offered in response to this solicitation that meet the
definition of a \"commercial item\" in FAR 52.202-1. Awards may be made
to those responsible offerors that offer reasonable pricing, conforming
to the solicitation, and will be most advantageous to the Government,
taking into consideration the multiplicity and complexity of items of
various manufacturers and the differences in performance required to
accomplish or produce required end results, production and distribution
facilities, price, compliance with delivery requirements, and other
pertinent factors. By providing a selection of comparable supplies or
services, ordering activities are afforded the opportunity to fulfill
their requirements with the item(s) that constitute the best value and
that meet their needs at the lowest overall cost.

\(b\) A written notice of award or acceptance of an offer, mailed or
otherwise furnished to the offeror within the time for acceptance
specified in the offer, shall result in a binding contract without
further action by either party. Before the offer\'s specified expiration
time, the Government may accept an offer (or part of an offer), whether
or not there are negotiations after its receipt, unless a written notice
of withdrawal is received before award.

(End of provision)

GSAM\
APD 2800.12B, Change 3, 07-24-2000 H-19

[Alternate I (AUG 1997)]{.underline}. When anticipating competition of
identical items, add the following paragraph after paragraph (b) of the
basic provision.

\(c\) The Government reserves the right to award only one contract for
all or a part of a manufacturer\'s product line. When two or more
offerors (e.g., dealers/resellers) offer the identical product, award
may be made competitively to only one offeror on the basis of the lowest
price. (Discounts for early payment will not be considered as an
evaluation factor in determining the low offeror). During initial open
season for an option period, any offers that are equal to or lower than
the current contract price received for identical items will be
considered. Current contractors will also be allowed to submit offers
for identical items during this initial open season. The current
contractor which has the identical item on contract will be included in
the evaluation process. The Government will evaluate all offers and may
award only one contract for each specified product or aggregate group.

**552.214-70 \"All or None\" Offers.**

As prescribed in 514.201-6, insert the following provision:

\"ALL OR NONE\" OFFERS (SEP 1999)

\(a\) Unless awards in the aggregate are specifically precluded in this
solicitation, the Government reserves the right to evaluate offers and
make awards on an \"all or none\" basis as provided below.

\(b\) An offer submitted on an \"all or none\" or similar basis will be
evalu­ated as follows: The lowest acceptable offer exclusive of the \"all
or none\" offer will be selected with respect to each item (or group of
items when the solicitation provides for aggregate awards) and the total
cost of all items thus determined shall be compared with the total of
the lowest acceptable \"all or none\" offer. Award will be made to
result in the lowest total cost to the Government.

(End of provision)

[Alternate I (SEP 1999)]{.underline}. For a requirements or indefinite
quantity contract, the following paragraph (b) shall be substituted in
the basic provision:

\(b\) An offer submitted on an \"all or none\" or similar basis will not
be considered unless the offer is low on each item to which the \"all or
none\" offer is made applicable. The term \"each item\" as used in this
provision refers either to an item that under the terms of the
solicitation may be independently awarded, or to a group of items on
which an award is to be made in the aggregate.

GSAM\
H-20 APD 2800.12B, 09-01-99

may be agreed to between the Contracting Officer and the Contractor), or
fails to accept return of the reshipped nonconforming supplies, such
failure:

\(1\) may be interpreted as a willful failure to perform,

\(2\) may result in termination of the contract for default and

\(3\) shall be considered by the Contracting Officer in determining the
responsibility of the Contractor for any future award (see FAR
9.104-3(b) and 9.406-2).

\(d\) Pending final resolution of any dispute, the Contractor shall
promptly comply with the decision of the Contracting Officer.

(End of clause)

**552.223-72 Hazardous Material Information.**

As prescribed in 523.370, insert the following provision:

HAZARDOUS MATERIAL INFORMATION (SEP 1999)

Offeror shall indicate for each national stock number (NSN) the
following\
information:

DOT Label\
[\_\_\_\_NSN\_\_\_\_]{.underline} [DOT Shipping Name]{.underline} [DOT
Hazard Class]{.underline} [Required\
]{.underline} \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Yes\[\_\]\_No\[\_\]\
\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Yes\[\_\]\_No\[\_\]\
\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Yes\[\_\]\_No\[\_\]

(End of provision)

GSAM (next page is H-42)\
APD 2800.12B, Change 3, 07-24-2000 H-39

**552.225-70 Notice of Procurement Restriction - Hand or Measuring Tools
or Stainless\
Steel Flatware.**

As prescribed in 525.1101, insert the following clause:

NOTICE OF PROCUREMENT RESTRICTION - HAND OR MEASURING TOOLS OR STAINLESS
STEEL FLATWARE (SEP 1999)

\(a\) Awards under this solicitation will only be made to offerors that
will furnish hand or measuring tools or stainless steel flatware that
are domestic end products. Pursuant to the requirements of the current
Department of Defense Appropriations Act, GSA has determined, in
accordance with Section 6‑104.4 of the Armed Services Procurement
Regulation (6/15/70)(32 CFR 6‑104.4), that it is in the national
interest to reject foreign products.

As used in this clause, a \"domestic end product\" is\--

\(1\) Any hand or measuring tool, except for an electric or air-motor
driven hand tool, or stainless steel flatware, wholly produced or
manufactured, including all components, in the United States or its
possessions; or

\(2\) Any electric or air-motor driven hand tool if the cost of its
components produced or manufactured in the United States exceeds 75
percent of the cost of all its components.

\(b\) Tool kits or sets, being procured under this solicitation, will
not be considered domestic end products if any individual tool
classified in FSC Group 51 or 52 and included in a tool kit or set is
not a domestic end product as defined in paragraph (a) of this clause.
The restrictions of this clause do not apply to individual hand or
measuring tools that are contained in the tool kit or set but are not
classified in FSC Group 51 or 52.

(End of clause)

GSAM\
H-42 APD 2800.12B, Change 3, 07-24-2000

\(c\) The Contractor shall not process a transaction for payment through
the credit card clearinghouse until the purchased supplies have been
shipped or services performed. Unless the cardholder requests correction
or replacement of a defective or faulty item under other contract
requirements, the Contractor must immediately credit a cardholder\'s
account for items returned as defective or faulty.

\(d\) Payments made using the Governmentwide commercial purchase card
are not eligible for any negotiated prompt payment discount. Payment
made using a Government debit card will receive the applicable prompt
payment discount.

(End of clause)

*\* Enter amount not to exceed \$100,000.*

[Alternate I (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, Change 3, 07-24-2000 H-61

**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.

GSAM\
H-62 APD 2800.12B, Change 3, 07-24-2000

\(v\) Request for a ruling by the agency.

\(vi\) Statement as to the form of relief requested.

\(vii\) All information establishing that the protester is an interested
party for the purpose of filing a protest.

\(viii\) All information establishing the timeliness of the protest (see
paragraph (b) of this provision).

\(d\) An interested party filing a protest with GSA has the choice of
requesting either that the Contracting Officer or the Agency Protest
Official for GSA decide the protest.

\(e\) 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:

GSAM\
APD 2800.12B, Change 3, 07-24-2000 H-63

\(i\) The agency must file its response to the protest with the deciding
official within five (5) days after the filing of the protest.

\(ii\) The agency must also provide the protester with a copy of the
response on the same day it files the response with the deciding
official. If the agency believes it needs to redact or withhold any
information in the response from the protester, it must obtain the
approval of the deciding official.

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

\(j\) 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)

GSAM\
H-64 APD 2800.12B, Change 3, 07-24-2000

**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 such
authorized representatives additional power and authority to act for him
or designate additional representatives, specifying the extent of their
authority to act for him; a copy of each document vesting additional
authority in an authorized representative or designating an additional
authorized representative shall be furnished to the Contractor.

\(b\) The Contractor shall perform the contract in accordance with any
order (including but not limited to instruction, direction,
interpretation, or determination) issued by an authorized representative
in accordance with his authority to act for the Contracting Officer; but
the Contractor assumes all the risk and consequences of performing the
contract in accordance with any order (including but not limited to
instruction, direction, interpretation, or determination) of anyone not
authorized to issue such order.

(End of clause)

GSAM (next page is H-65)\
APD 2800.12B, Change 3, 07-24-2000 H-64.1

Not more than four percentages will be allowed regardless of the number
of tier subcontractors. The Contractor shall not be allowed a commission
on the commission received by a first tier subcontractor. Equitable
adjustments for deleted work shall include credits for overhead, profit
and commission. On proposals covering both increases and decreases in
the amount of the contract, the application of overhead and profit shall
be on the net change in direct costs for the Contractor or subcontractor
performing the work.

\(3\) The Contractor shall submit with the proposal his request for time
extension (if any), and shall include sufficient information and dates
to demonstrate whether and to what extent the change will delay the
contract in its entirety.

\(4\) In considering a proposal, the Government shall make check
estimates in detail, utilizing unit prices where specified or agreed
upon, with a view to arriving at an equitable adjustment.

\(5\) After receipt of a proposal the Contracting Officer shall act
thereon, within 30 days; provided however, that when the necessity to
proceed with a change does not allow time properly to check a proposal
or in the event of failure to reach an agreement on a proposal, the
Government may order the Contractor to proceed on the basis of price to
be determined at the earliest practicable date. Such price shall not be
more than the increase or less than the decrease proposed.

\(6\) If a mutually acceptable agreement cannot be reached, the
Contracting Officer may determine the price unilaterally.

\(b\) The provisions of the \"Differing Site Conditions\" clause
prescribed by FAR 52.236-2 are supplemented as follows: The Contractor
shall submit all claims for equitable adjustment in accordance with, and
subject to the requirements and limitations set out in paragraph (a) of
this \"Equitable Adjustments\" clause.

(End of clause)

**552.243-72 Modifications (Multiple Award Schedule).**

As prescribed in 543.205(b), insert the following clause:

MODIFICATIONS (MULTIPLE AWARD SCHEDULE (JUL 2000)

\(a\) [General]{.underline}. The Contractor may request a contract
modification by submitting a request to the Contracting Officer for
approval, except as noted in paragraph (d) of this clause. At a minimum,
every request shall describe the proposed change(s) and provide the
rationale for the requested change(s).

GSAM\
APD 2800.12B, Change 3, 07-24-2000 H-85

\(b\) [Types of Modifications]{.underline}.

\(1\) [Additional items/additional SINs]{.underline}. When requesting
additions, the following information must be submitted:

\(i\) Information requested in paragraphs (1) and (2) of the Commercial
Sales Practice Format to add SINs.

\(ii\) Discount information for the new item(s) or new SIN(s).
Specifically, submit the information requested in *paragraphs 3 through
5* of the Commercial Sales Practice Format. If this information is the
same as the initial award, a statement to that effect may be submitted
instead.

\(iii\) Information about the new item(s) or the item(s) under the new
SIN(s) as described in 552.212-70, Preparation of Offer (Multiple Award
Schedule) is required.

\(iv\) Delivery time(s) for the new item(s) or the items under the new
SIN(s) must be submitted in accordance with 552.211-78, Commercial
Delivery Schedule (Multiple Award Schedule).

\(v\) Production point(s) for the new item(s) or the item(s) under the
new SIN(s) must be submitted if required by 52.215-6, Place of
Performance.

\(vi\) Hazardous material information (if applicable) must be submitted
as required by 52.223-3 (ALT I), Hazardous Material Identification and
Material Safety Data.

\(vii\) Any information requested by 52.212-3(f), Offeror
Representations and Certifications - Commercial Items, that may be
necessary to assure compliance with FAR 52.225-1, Buy American
Act\--Balance of Payments Program\--Supplies.

\(2\) [Deletions]{.underline}. The Contractor shall provide an
explanation for the deletion. The Government reserves the right to
reject any subsequent offer of the same item or a substantially equal
item at a higher price during the same contract period, if the
contracting officer finds the higher price to be unreasonable when
compared with the deleted item.

\(3\) [Price Reduction]{.underline}. The Contractor shall indicate
whether the price reduction falls under item (i), (ii), or (iii) of
paragraph (c)(1) of the Price Reductions clause at 552.238-75. If the
price reduction falls under item (i), the Contractor shall submit a copy
of the dated commercial price list. If the price reduction falls under
item (ii) or (iii), the Contractor shall submit a copy of the applicable
price list(s), bulletins or letters or customer agreements which outline
the effective date, duration, terms and conditions of the price
reduction.

GSAM\
H-86 APD 2800.12B, Change 3, 07-24-2000

**MATRIX OF PROVISIONS AND CLAUSES**

**KEY**: Sup = Supply Leas = Acquisitions of leasehold interests in real
property

Serv = Service Contract (excluding construction and A-E services) P =
Provision

Const = Construction Services C = Clause

A-E = Architect-Engineer Services R = Required

SAT = Acquisitions at or under the simplified acquisition threshold WR =
When required

Util = Utility services, sole supplier - regulated rate O = Optional

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

  C         552.203-5    503.404          Covenant Against                                                                          WR
                                          Contingent Fees                                                                           

  C         552.203-70   503.104-9        Price Adjustment for                                                                      WR
                                          Illegal or Improper                                                                       
                                          Activity                                                                                  

  C         552.203-71   503.570-2        Restriction on            R         R          R           R                              R
                                          Advertising                                                                               

  C         552.209-70   509.206-2        Product Removal from      WR                                         WR                   
                                          Qualified Products List                                                                   

  P         552.209-71   509.306          Waiver of First Article   WR                                         WR                   
                                          Testing and Approval                                                                      
                                          Requirements                                                                              

  C         552.209-72   509.308-1        Supplemental Requirements WR                                         WR                   
                                          for First Article                                                                         
                                          Approval \-- Contractor                                                                   
                                          Testing                                                                                   

  C         552.209-73   509.308-2        Supplemental Requirements WR                                         WR                   
                                          for First Article                                                                         
                                          Approval \-- Government                                                                   
                                          Testing                                                                                   

  C         552.211-8    511.404          Time of Delivery          WR                                         WR                   

  C         552.211-71   511.204(a)       Standard References                            WR                                         

  C         552.211-72   511.204(b)       Reference to              WR        WR         WR                    WR                   
                                          Specifications in                                                                         
                                          Drawings                                                                                  

  C         552.211-73   511.204(c)(1)    Marking                   WR                                                              

  C         552.211-74   511.204(c)(2)    Charges for Marking       WR                                                              

  C         552.211-75   511.204(c)(3)    Preservation, Packaging   WR                                         O                    
                                          and Packing                                                                               

  C         552.211-76   511.204(c)(4)    Charges for Packaging and WR                                         WR                   
                                          Packing                                                                                   
  --------- ------------ ---------------- ------------------------- --------- ---------- ----------- --------- --------- ---------- ----------

GSAM\
APD 2800.12B, Change 3, 07-24-2000 H-127

<table style="width:100%;">
<colgroup>
<col style="width: 4%" />
<col style="width: 8%" />
<col style="width: 12%" />
<col style="width: 35%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 5%" />
</colgroup>
<tbody>
<tr class="odd">
<td><strong>P/C</strong></td>
<td><strong>Number</strong></td>
<td><strong>Reference.</strong></td>
<td><strong>Title</strong></td>
<td><strong>Sup</strong></td>
<td><strong>Serv</strong></td>
<td><strong>Const</strong></td>
<td><strong>A-E</strong></td>
<td><strong>SAT</strong></td>
<td><strong>Util</strong></td>
<td><strong>Leas</strong></td>
</tr>
<tr class="even">
<td>C</td>
<td>552.211-77</td>
<td>511.204(d)</td>
<td>Packing List</td>
<td>WR</td>
<td></td>
<td></td>
<td></td>
<td>WR</td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>C</td>
<td>552.211-78</td>
<td>511.404(a)(2)</td>
<td>Commercial Delivery Schedule (Multiple Award Schedule)</td>
<td>WR</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>C</td>
<td>552.211-79</td>
<td>511.404(a)(3)(i)</td>
<td>Acceptable Age of Supplies</td>
<td>WR</td>
<td></td>
<td></td>
<td></td>
<td>WR</td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>C</td>
<td>552.211-80</td>
<td>511.404(a)(3)(ii)</td>
<td>Age on Delivery</td>
<td>WR</td>
<td></td>
<td></td>
<td></td>
<td>WR</td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>C</td>
<td>552.211-81</td>
<td>511.404(a)(4)</td>
<td>Time of Shipment</td>
<td>WR</td>
<td></td>
<td></td>
<td></td>
<td>WR</td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>C</td>
<td>552.211-82</td>
<td>511.404(a)(5)</td>
<td>Notice of Shipment</td>
<td>WR</td>
<td></td>
<td></td>
<td></td>
<td>WR</td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>C</td>
<td>552.211-83</td>
<td>511.404(a)(6)</td>
<td>Availability for Inspection, Testing, and Shipment/Delivery</td>
<td>WR</td>
<td></td>
<td></td>
<td></td>
<td>WR</td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>C</td>
<td>552.211-84</td>
<td>511.404(b)</td>
<td>Non-Compliance with Contract Requirements</td>
<td></td>
<td></td>
<td>R</td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>C</td>
<td>552.212-70</td>
<td>512.301(a)(1)</td>
<td>Preparation of Offer (Multiple Award Schedule)</td>
<td>WR</td>
<td>WR</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>C</td>
<td>552.212-71</td>
<td>512.301(a)(2)</td>
<td>Contract Terms and Conditions Applicable to GSA Acquisition of
Commercial Items</td>
<td>WR</td>
<td>WR</td>
<td></td>
<td></td>
<td>WR</td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>C</td>
<td>552.212-72</td>
<td>512.301(a)(3)</td>
<td>Contract Terms and Conditions Required to Implement Statutes or
Executive Orders Applicable to GSA Acquisition of Commercial Items</td>
<td>WR</td>
<td>WR</td>
<td></td>
<td></td>
<td>WR</td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>P</td>
<td>552.212-73</td>
<td>512.301(a)(4)</td>
<td>Evaluation -- Commercial Items (Multiple Award Schedule)</td>
<td>WR</td>
<td>WR</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>P</td>
<td>552.214-70</td>
<td>514.201-6</td>
<td>"All or None" Offers</td>
<td>WR</td>
<td>WR</td>
<td></td>
<td></td>
<td>WR</td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>C</td>
<td>552.214-71</td>
<td>514.201-7(a)</td>
<td>Progressive Awards and Monthly Quantity Allocations</td>
<td>WR</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td>P</td>
<td>552.214-72</td>
<td>514.202-4(a)(3)</td>
<td>Bid Sample Requirements</td>
<td>WR</td>
<td>WR</td>
<td></td>
<td></td>
<td>WR</td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>C</td>
<td>552.215-70</td>
<td><p>514.201-7(b)(1)</p>
<p>515.209-70(a)</p></td>
<td>Examination of Records by GSA</td>
<td>WR</td>
<td>WR</td>
<td>WR</td>
<td>WR</td>
<td></td>
<td></td>
<td>WR</td>
</tr>
<tr class="even">
<td>C</td>
<td>552.215-71</td>
<td>515.209-70(c)</td>
<td>Examination of Records by GSA (Multiple Award Schedule)</td>
<td>WR</td>
<td>WR</td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
</tbody>
</table>

GSAM\
H-128 APD 2800.12B, 09-01-99

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

GSAM\
APD 2800.12B, Change 3, 07-24-2000 H-129

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

  C         552.225-70   525.109          Notice of Procurement     WR                                                              
                                          Restriction - Hand or                                                                     
                                          Measuring Tools or                                                                        
                                          Stainless Steel Flatware                                                                  

  C         552.227-70   527.409(a)       Government Rights                                          WR                             
                                          (Unlimited)                                                                               

  C         552.227-71   527.409(b)       Drawings and Other Data                                    WR                             
                                          to Become Property of                                                                     
                                          Government                                                                                

  C         552.228-70   528.310          Workers\' Compensation              WR         WR                                         
                                          Laws                                                                                      

  C         552.229-70   529.401-70       Federal, State, and Local           WR         WR          WR        R                    
                                          Taxes                                                                                     

  C         552.229-71   529.401-71       Federal Excise Tax - DC   WR        WR                               WR                   
                                          Government                                                                                

  C         552.232-1    532.7103(a)      Payments                            WR                                                    

  C         552.232-8    532.206          Discounts for Prompt      WR        WR                                                    
                                          Payment                                                                                   

  C         552.232-23   532.806          Assignment of Claims      WR        WR                                                    

  C         552.232-25   532.908(a)(2)    Prompt Payment            WR        WR                               WR                   

  C         552.232-70   532.111(a)       Invoice Requirements      WR        WR         WR          WR        WR        WR         WR

  C         552.232-71   532.111(b)       Adjusting Payments                  WR                                                    

  C         552.232-72   532.111(c)       Final Payment                       WR                                                    

  C         552.232-73   532.705-1        Availability of Funds               WR                               WR                   

  C         552.232-74   532.908(a)(1)    Invoice Payments          WR        WR                               WR                   

  C         552.232-75   532.908(b)(1)    Prompt Payment                                                                            R

  C         552.232-76   532.908(b)(2)    Electronic Funds Transfer                                                                 WR
                                          Payment                                                                                   

  C         552.232-77   532.7003         Payment By Governmentwide WR        WR                               WR                   
                                          Commercial Purchase Card                                                                  

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

  P         552.233-70   533.103-72       Protests Filed Directly   R         R          R           R                              R
                                          with the General Services                                                                 
                                          Administration                                                                            

  C         552.236-70   536.570-1        Definitions                                    WR          WR        WR                   
  --------- ------------ ---------------- ------------------------- --------- ---------- ----------- --------- --------- ---------- ----------

GSAM\
H-130 APD 2800.12B, Change 3, 07-24-2000