Part 552 - Solicitation Provisions and

Contract Clauses

552.000 Scope of part.

Subpart 552.1 - Instructions for Using Provisions and Clauses

552.101 [Reserved]

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 [Reserved]

552.107-70 Provisions and clauses prescribed in .

Subpart 552.2 - Text of Provisions and Clauses

552.200 Scope of subpart.

552.203 [Reserved]

552.203-5 [Reserved]

552.203-70 [Reserved]

552.203-71 Restriction on Advertising.

552.204 [Reserved]

552.204-9 Personal Identity Verification Requirements.

552.211 [Reserved]

552.211-8 [Reserved]

552.211-10 Commencement, Prosecution, and Completion of Work.

552.211-12 Liquidated Damages—Construction.

552.211-13 Time Extensions.

552.211-70 Substantial Completion.

552.211-71 [Reserved]
552.211-72 Reference to Specifications in Drawings.

552.211-73 Marking.

552.211-74 [Reserved]

552.211-75 Preservation, Packaging, and Packing.

552.211-76 Charges for Packaging, Packing, and Marking.

552.211-77 Packing List.

552.211-78 [Reserved]

552.211-79 Acceptable Age of Supplies.

552.211-80 Age on Delivery.

552.211-81 Time of Shipment.

552.211-82 [Reserved]

552.211-83 Availability for Inspection, Testing, and Shipment/Delivery.

552.211-84 [Reserved]

552.211-85 Consistent Pack and Package Requirements.

552.211-86 Maximum Weight per Shipping Container.

552.211-87 Export Packing.

552.211-88 Vehicle Export Preparation.

552.211-89 Non-manufactured Wood Packaging Material for Export.

552.211-90 Small Parts.

552.211-91 Vehicle Decals, Stickers, and Data Plates.

552.211-92 Radio Frequency Identification (RFID) Using Passive Tags.

552.211-93 [Reserved]

552.211-94 Time of Delivery.

552.212 [Reserved]

552.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (FAR

DEVIATION 52.212-4).

552.212-70 [Reserved]

552.212-71 Contract Terms and Conditions Applicable to GSA Acquisitions of Commercial Products

and Commercial Services.
552.212-72 Contract Terms and Conditions Required To Implement Statutes or Executive Orders

Applicable to GSA Acquisition of Commercial Products and Commercial Services.

552.212-73 [Reserved]

552.214 [Reserved]

552.214-70 “All or None” Bids.

552.214-71 [Reserved]

552.214-72 Bid Sample Requirements.

552.215 [Reserved]

552.215-70 Examination of Records by GSA.

552.215-71 [Reserved]

552.215-72 [Reserved]

552.215-73 Notice.

552.216 [Reserved]

552.216-70 Economic Price Adjustment—FSS Multiple Award Schedule Contracts.

552.216-71 Economic Price Adjustment—Special Order Program Contracts.

552.216-72 Placement of Orders.

552.216-73 Ordering Information.

552.216-74 [Reserved]

552.216-75 Transactional Data Reporting.

552.216-76 [Reserved]

552.217 [Reserved]

552.217-70 Evaluation of Options.

552.217-71 Notice Regarding Option(s).

552.219 [Reserved]

552.219-70 Allocation of Orders—Partially Set-aside Items.

552.219-74 Section8(a)Direct Award.

552.223 [Reserved]

552.223-70 Hazardous Substances.
552.223-71 Nonconforming Hazardous Materials.

552.223-72 Hazardous Material Information.

552.223-73 Preservation, Packaging, Packing, Marking, and Labeling of Hazardous Materials

(HAZMAT) For Shipments.

552.227 [Reserved]

552.227-70 Government Rights (Unlimited).

552.227-71 Drawings and Other Data to Become Property of Government.

552.228 [Reserved]

552.228-5 Government as Additional Insured.

552.229 [Reserved]

552.229-70 Federal, State, and Local Taxes.

552.229-71 Federal Excise Tax—DC Government.

552.232 [Reserved]

552.232-1 Payments.

552.232-5 Payments under Fixed-Price Construction

552.232-23 Assignment of Claims.

552.232-25 Prompt Payment.

552.232-39 Unenforceability of Unauthorized Obligations.

552.232-70 [Reserved]

552.232-71 [Reserved]

552.232-72 Final Payment Under Building Services Contracts.

552.232-73 [Reserved]

552.232-74 [Reserved]

552.232-75 [Reserved]

552.232-76 [Reserved]

552.232-77 [Reserved]

552.232-78 Commercial Supplier Agreements–Unenforceable Clauses.

552.236 [Reserved]
552.236-6 Superintendence by the Contractor.

552.236-11 Use and Possession Prior to Completion.

552.236-15 Schedules for Construction Contracts.

552.236-21 Specifications and Drawings for Construction.

552.236-70 Authorities and Limitations.

552.236-71 Contractor Responsibilities.

552.236-72 Submittals.

552.236-73 Subcontracts.

552.236-74 Evaluation of Options.

552.236-75 Evaluation Exclusive of Options.

552.236-76 Basis of Award— Sealed Bidding Construction.

552.236-77 Government's Right to Exercise Options.

552.236-79 Construction-Manager-As-Constructor.

552.236-80 Accounting Records and Progress Payments.

552.237 [Reserved]

552.237-70 [Reserved]

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 [Reserved]

552.238-70 Cover Page for Worldwide Federal Supply Schedules.

552.238-71 Notice of Total Small Business Set-Aside.

552.238-72 Information Collection Requirements.

552.238-73 Identification of Electronic Office Equipment Providing Accessibility for Individuals with

Disabilities.

552.238-74 Introduction of New Supplies and Services Special Item Number (SIN).

552.238-75 Evaluation—Commercial Products and Commercial Services (Federal Supply Schedule).

552.238-76 Use of Non-Government Employees to Review Offers.
552.238-77 Submission and Distribution of Authorized Federal Supply Schedule (FSS) Price Lists.

552.238-78 Identification of Products that Have Environmental Attributes.

552.238-79 Cancellation.

552.238-80 Industrial Funding Fee and Sales Reporting.

552.238-81 Price Reductions.

552.238-82 Modifications (Federal Supply Schedules).

552.238-83 Examination of Records by GSA.

552.238-84 Discounts for Prompt Payment.

552.238-85 Contractor's Billing Responsibilities.

552.238-86 Delivery Schedule.

552.238-87 Delivery Prices.

552.238-88 GSA Advantage!®.

552.238-89 Deliveries to the U.S. Postal Service.

552.238-90 Characteristics of Electric Current.

552.238-91 Marking and Documentation Requirements for Shipping.

552.238-92 Vendor Managed Inventory (VMI) Program.

552.238-93 Order Acknowledgment.

552.238-94 Accelerated Delivery Requirements.

552.238-95 Separate Charge for Performance Oriented Packaging (POP).

552.238-96 Separate Charge for Delivery within Consignee's Premises.

552.238-97 Parts and Service.

552.238-98 Clauses for Overseas Coverage.

552.238-99 Delivery Prices Overseas.

552.238-100 Transshipments.

552.238-101 Foreign Taxes and Duties.

552.238-102 English Language and U.S. Dollar Requirements.

552.238-103 Electronic Commerce.

552.238-104 Dissemination of Information by Contractor.
552.238-105 Deliveries Beyond the Contractual Period-Placing of Orders.

552.238-106 Interpretation of Contract Requirements.

552.238-107 Export Traffic Release (Supplies).

552.238-108 Spare Parts Kit.

552.238-109 Authentication Supplies and Services.

552.238-110 Commercial Satellite Communication (COMSATCOM) Services.

552.238-111 Environmental Protection Agency Registration Requirement.

552.238-112 Definitions—Federal Supply Schedule Contracts.

552.238-113 Authorities Supporting Use of Federal Supply Schedule Contracts.

552.238-114 Use of Federal Supply Schedule Contracts by Eligible Non-Federal Entities.

552.238-115 Special Ordering Procedures for the Acquisition of Order-Level Materials.

552.238-116 Option to Extend the Term of the FSS Contract.

552.238-117 Price Adjustment—Failure to Provide Accurate Information

552.239 [Reserved]

552.240 [Reserved]

552.241 [Reserved]

552.241-70 Availability of Funds for the Next Fiscal Year or Quarter.

552.241-71 Disputes (Utility Contracts).

552.242 [Reserved]

552.242-70 Status Report of Orders and Shipments.

552.243 [Reserved]

552.243-71 Equitable Adjustments.

552.246 [Reserved]

552.246-70 Source Inspection by Quality Approved Manufacturer.

552.246-71 Source Inspection by Government.

552.246-72 Final Inspection and Tests.

552.246-77 Additional Contract Warranty Provisions for Supplies of a Noncomplex Nature.

552.246-78 Inspection at Destination.
552.252 [Reserved]

552.252-5 Authorized Deviations in Provisions.

552.252-6 Authorized Deviations in Clauses.

552.270 [Reserved]

552.270-1 Instructions to Offerors—Acquisition of Leasehold Interests 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.

552.270-30 Price Adjustment for Illegal or Improper Activity.

552.270-31 Prompt Payment.

552.270-32 Covenant Against Contingent Fees.

552.270-33 Foreign Ownership and Financing Representation for High-Security Leased Space.

552.270-34 Access Limitations for High-Security Leased Space.

Subpart 552.3 - Provision and Clause Matrixes

552.300 Scope of subpart.

552.301 Matrix of Provisions and Clauses.

552.301-1 GSAM/R Matrix.

552.301-2 Matrix Notes.

Parent topic: General Services Administration Acquisition Manual

552.000 Scope of part.

Subpart 552.1 - Instructions for Using Provisions and

Clauses

552.101 [Reserved]

552.101-70 Using Part 552.

(a) Numbering.

(1)GSAR provisions or clauses which are “substantially” the same as a FAR provision or clause ( e.g.,

552.232-1, Payments) are identified as follows:

(i)The provision or clause has the same title as the FAR provision or clause.
(ii)The provision or clause has the same number as the FAR provision or clause, except the number

is preceded by the number “5”.

(2)GSA prescribed provisions and clauses ( e.g., 552.232-72, Final Payment Under Building Services

Contracts) are numbered in the same manner as the FAR, except that—

(i)The number is preceded by the number “5”, and

(ii)The sequential number at the end of the number of the provision or clause is “70” or a higher

number.

(b) Prescriptions. Each provision or clause in subpart 552.2 is prescribed at the place in the GSAR

where the subject matter of the provision or clause receives its primary treatment. The prescription

includes all conditions, requirements, and instructions for using the provision or clause and its

alternates, if any. The provision or clause may be referred to in other GSAM locations.

(c) Introductory text. Within subpart 552.2, the introductory text of each provision or clause

includes a cross-reference to the location in the GSAR that prescribes its use.

(d) Dates. Since they are subject to revision from time to time, all GSAR provisions, clauses, and

alternates are dated; e.g., (DEC 1983). To avoid questions concerning which version of any

provision, clause, or alternate is operative in any given solicitation or contract, its date shall be

included whether it is incorporated by reference or in full text.

552.102 Incorporating provisions and clauses.

(a)Except for paragraph (b) of this section, GSAR provisions and clauses should be incorporated by

reference to the maximum practical extent, rather than being incorporated in full text. Upon

request, the contracting officer shall provide the full text of any GSAR provision or clause

incorporated by reference.

(b)A GSAR provision or clause should be incorporated in full text if—

(1)It requires modification or completion by the Government ( e.g., completion of blanks in

provisions or clauses) (see FAR 52.104 and 552.104);

(2)It requires completion by the offeror or contractor;

(3) It is identified as a deviation that has not been incorporated into the GSAM or FAR, as applicable

(e.g., acquisition letter) (see 501.370(a)); or

(4)It is used with one or more alternates.

552.103 Identification of provisions and clauses.

(a) General. When a GSAR provision or clause is used without deviation in a solicitation or contract,

it shall be identified by number, title, and date ( e.g., 552.211-77, Packing List (FEB 1996)).

(b) Deviations.
(1) Federal Acquisition Regulation deviations. When a GSAR provision or clause is used with an

authorized deviation in lieu of a FAR provision or clause in a solicitation or contract, it shall be

identified by number, title, date, and the deviation label ( e.g., 552.232-1, Payments (NOV 2009)

(DEVIATION FAR 52.232-1)). The deviation label consists of the text “DEVIATION FAR” and the

applicable FAR provision or clause number enclosed in parentheses ( e.g., (DEVIATION FAR

52.232-1)).

(2) General Services Administration Acquisition Regulation deviations. When a GSAR provision or

clause is used with an authorized deviation in a solicitation or contract, it shall be identified by

number, title, date, and the text “(DEVIATION)” inserted after the date ( e.g., 552.232-1, Payments

(NOV 2009) (DEVIATION)).

(c) Alternates. When a GSAR provision or clause is used with an alternate in a solicitation or

contract, it shall be identified by the basic provision or clause citation and the alternate label ( e.g.,

552.211-77, Packing List (FEB 1996) Alternate I (MAY 2003)). The alternate label consists of the

word “Alternate”, the alternate number, and date ( e.g., Alternate I (MAY 2003)).

552.104 Procedures for modifying and completing provisions and clauses.

(a) The procedures in FAR 52.104 apply when you modify or complete a GSAR provision or clause.

Provisions and clauses shall not be modified unless the GSAR authorizes their modification.

(b) You do not need to identify modifications of clauses which result from negotiations unless you

issue an amendment to the solicitation.

(c) In general, you should modify FAR or GSAR clauses only for individual cases. If a contracting

activity develops a modification for repeated use, furnish a copy to the Office of GSA Acquisition

Policy (MV) for potential inclusion in the GSAR.

552.105 Procedures for using alternates.

The procedures in FAR 52.105 apply to GSAR part 552.

552.107 [Reserved]

552.107-70 Provisions and clauses prescribed in .

GSA has a FAR deviation that allows use of the following provision and clause in lieu of the FAR

provision at 52.252-5 and the FAR clause at 52.252-6:

(a)Insert the provision at 552.252-5, Authorized Deviations in Provisions, in solicitations that include

any FAR or GSAR provision with an authorized deviation in lieu of the FAR provision at 52.252-5.

(b)Insert the clause at 552.252-6, Authorized Deviations in Clauses, in solicitations and contracts

that include any FAR or GSAR clause with an authorized deviation in lieu of the FAR clause at

52.252-6.
Subpart 552.2 - Text of Provisions and Clauses

552.200 Scope of subpart.

This subpart sets forth the text of all GSAR provisions and clauses. It also cross-references the

location in the GSAR that prescribes the use of each provision and clause.

552.203 [Reserved]

552.203-5 [Reserved]

552.203-70 [Reserved]

552.203-71 Restriction on Advertising.

As prescribed in 503.570-2 , insert the following clause:

Restriction on Advertising (Sep 1999)

The Contractor shall not refer to this contract in commercial advertising or similar promotions in

such a manner as to state or imply that the product or service provided is endorsed or preferred by

the White House, the Executive Office of the President, or any other element of the Federal

Government, or is considered by these entities to be superior to other products or services. Any

advertisement by the Contractor, including price-off coupons, that refers to a military resale activity

shall contain the following statement: “This advertisement is neither paid for nor sponsored, in

whole or in part, by any element of the United States Government.”

(End of clause)

552.204 [Reserved]

552.204-9 Personal Identity Verification Requirements.

As prescribed in 504.1303 , insert the following clause:

Personal Identity Verification Requirements (Apr 2023)

(a) The Contractor shall comply with GSA personal identity verification requirements, identified in

ADM 2181.1 GSA HSPD-12 Personal Identity Verification and Credentialing, and Background

Investigations for Contractor Employees, if Contractor employees require access to GSA controlled

facilities or information systems to perform contract requirements. The Contractor can find the CIO

policy and additional information at

https://www.gsa.gov/resources/for-federal-employees/access-gsa-facilities-and-systems-with-a-piv-car

d.
(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to

have access to a GSA-controlled facility or access to a GSA-controlled information system.

(End of clause)

552.211 [Reserved]

552.211-8 [Reserved]

552.211-10 Commencement, Prosecution, and Completion of Work.

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

Commencement, Prosecution, and Completion of Work (Mar 2019)

FAR 52.211-10, Commencement, Prosecution, and Completion of Work, is supplemented as follows:

(a)The Contractor shall not commence work until the Contracting Officer issues a notice to proceed.

(b)Notwithstanding paragraph (a) of this clause, the Contractor must submit any required safety

plans before commencing any construction work.

(c)The Contractor shall diligently prosecute the work so as to achieve substantial completion of the

work within the time specified in the contract. If the contract specifies different completion dates for

different phases or portions of the work, the Contractor shall diligently prosecute the work so as to

achieve substantial completion of such phases or portions of the work within the times specified.

(End of clause)

552.211-12 Liquidated Damages—Construction.

As prescribed in 511.503 (a), insert the following clause:

Liquidated Damages—Construction (Mar 2019)

FAR 52.211-12, Liquidated Damages-Construction, is supplemented as follows:

(a)If the Contractor fails to achieve substantial completion of the work within the time specified in

the contract, the Contractor shall be liable to the Government for liquidated damages at the rate

specified for each calendar day following the required completion date that the work is not

substantially complete.

(b)If the contract requires different completion dates for different phases or portions of the work,

the Contractor shall be liable for liquidated damages at the specified rate for each calendar day

following the required completion date that the phase or portion of work is not substantially

complete. If a single rate is specified, the specified rate shall be apportioned between the different

phases or portions of the work.

(c)If the Government elects to accept any portion of the work not specifically designated as a phase
or portion of work with its own required completion date, the liquidated damage rate shall be

apportioned between accepted work and uncompleted work, and the Contractor's liability for

liquidated damages shall be computed accordingly.

(End of clause)

552.211-13 Time Extensions.

As prescribed in 511.503 (b), insert the following clause:

Time Extensions (Mar 2019)

FAR 52.211-13, Time Extensions, is supplemented as follows:

(a)If the Contractor requests an extension of the time for substantial completion, the Contractor

shall base its request on an analysis of time impact using the project schedule as its baseline, and

shall propose as a new substantial completion date to account for the impact. The Contractor shall

submit a written request to the Contracting Officer setting forth facts and analysis in sufficient detail

to enable the Contracting Officer to evaluate the Contractor's entitlement to an extension of time.

(b)The Contractor shall only be entitled to an extension of time to the extent that-

(1)Substantial completion of the work is delayed by causes for which the Contractor is not

responsible under this contract; and

(2)The actual or projected substantial completion date is later than the date required by this

contract for substantial completion.

(c)The Contractor shall not be entitled to an extension of time if the Contractor has not updated the

project schedule in accordance with the contract.

(d)The Government shall not be liable for any costs to mitigate time impacts incurred by the

Contractor that occur less than 30 calendar days after the date the Contractor submits a request for

extension of time in compliance with this clause.

(End of clause)

552.211-70 Substantial Completion.

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

Substantial Completion (Mar 2019)

(a) General.

(1)For the purposes of FAR 52.211-10, Commencement, Prosecution and Completion of Work, and

FAR 52.211-12, Liquidated Damages-Construction, the work shall be deemed complete when it is

“substantially complete.”

(2)There may be different completion dates required for different phases or portions of the work, as
established in the contract. However, the work shall be deemed “substantially complete” if and only

if the Contractor has completed the work and related contract obligations in accordance with the

contract documents, such that the Government may enjoy the intended access, occupancy,

possession, and use of the entire work without impairment due to incomplete or deficient work, and

without interference from the Contractor's completion of remaining work or correction of

deficiencies in completed work.

(3)In no event shall the work be deemed “substantially complete” if all fire and life safety systems

are not tested and accepted by the authority having jurisdiction, where such acceptance is required

under the contract.

(4)Unless otherwise specifically noted, or otherwise clear from context, all references in the contract

to “acceptance” shall refer to issuance of a written determination of substantial completion by the

Contracting Officer.

(b) Notice of Substantial Completion.

(1)With reasonable advance notice, the Contractor shall submit to the Contracting Officer a written

proposal recommending a substantial completion date.

(2)If the Contracting Officer takes exception to the notice of substantial completion, the Contractor

shall be entitled to a written notice of conditions precluding determination of substantial completion.

The Contractor shall only be entitled to an extension of time to address such conditions if, and to the

extent that, the Contracting Officer provides notice of such conditions more than 30 calendar days

after receipt of the notice of substantial completion.

(c) Acceptance of Substantial Completion.

(1)The Contracting Officer shall conduct inspections and make a determination of substantial

completion within a reasonable time.

(2)Substantial Completion shall be established by the Contracting Officer's issuance of a written

determination specifying the date upon which the work is substantially complete.

(d) Contract Completion.

(1)The Contract is complete if and only if the Contractor has completed all work and related contract

obligations, corrected all deficiencies and all punch list items, and complied with all conditions for

final payment.

(2)The Contractor shall not be entitled to final payment or release of any retainage held by the

Government until after contract completion. If the Contractor does not achieve contract completion

within the time required by this contract, the Government shall be entitled, after providing notice to

the Contractor, to complete any work remaining unfinished. The Contractor shall be liable to the

Government for all costs incurred by the Government to complete such work.

(End of clause)

552.211-71 [Reserved]
552.211-72 Reference to Specifications in Drawings.

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

References to Specifications in Drawings (Feb 1996)

If military or other drawings are made a part of this contract, any reference in the drawings to

Federal specifications or standards will be considered to be a reference to the date of such Federal

specification or standard identified in the contract. If the date of the Federal specification or

standard is not identified in the contract, the edition, including revisions thereto, in effect on the

date the solicitation is issued will apply.

(End of clause)

552.211-73 Marking.

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

Marking (Feb 1996)

(a) General requirements. Interior packages, if any, and exterior shipping containers shall be

marked as specified elsewhere in the contract. Additional marking requirements may be specified on

delivery orders issued under the contract. If not otherwise specified, interior packages and exterior

shipping containers shall be marked in accordance with the following standards:

(1) Deliveries to civilian activities. Supplies shall be marked in accordance with Federal Standard

123, edition in effect on the date of issuance of the solicitation.

(2) Deliveries to military activities. Supplies shall be marked in accordance with Military Standard

129, edition in effect on the date of issuance of the solicitation.

(b) Improperly marked material. When Government inspection and acceptance are at destination,

and delivered supplies are not marked in accordance with contract requirements, the Government

has the right, without prior notice to the Contractor, to perform the required marking, by contract or

otherwise, and charge the Contractor therefore at the rate specified elsewhere in this contract. This

right is not exclusive, and is in addition to other rights or remedies provided for in this contract.

(End of clause)

552.211-74 [Reserved]

552.211-75 Preservation, Packaging, and Packing.

As prescribed in 511.204 (b)(2), insert the following clause:

Preservation, Packaging, and Packing (Feb 1996)

Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with

normal commercial practices, as defined in the applicable commodity specification. Packaging and
packing shall comply with the requirements of the Uniform Freight Classification and the National

Motor Freight Classification (issue in effect at time of shipment) and each shipping container of each

item in a shipment shall be of uniform size and content, except for residual quantities. Where special

or unusual packing is specified in an order, but not specifically provided for by the contract, such

packing details must be the subject of an agreement independently arrived at between the ordering

agency and the Contractor.

(End of clause)

Alternate I (May 2003). As prescribed at 511.204(b)(2), substitute the following sentence for the last

sentence of the basic clause:

Where special or unusual packing is specified in an order, but not specifically provided for by the

contract, such packing details must be the subject of an agreement independently arrived at

between the ordering activity and the Contractor.

552.211-76 Charges for Packaging, Packing, and Marking.

As prescribed in 511.204 (b)(3), insert a clause substantially as follows:

Charges for Packaging, Packing, and Marking (Jan 2010)

If supplies shipped to a GSA wholesale distribution center are not packaged, packed and marked in

accordance with contract requirements, the Government has the right, without prior notice to the

Contractor, to perform the required repackaging/repacking/remarking, by contract or otherwise,

and charge the Contractor therefore at the rate of $___* per man-hour or fraction thereof. The

Contractor will also be charged for material costs, if incurred. This right is not exclusive, and is in

addition to other rights or remedies provided for in this contract.

*The rate to be inserted in the above clause shall be determined by the Commissioner, Federal

Acquisition Service, or a designee.

(End of clause)

552.211-77 Packing List.

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

Packing List (Feb 1996)

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

indicate:

(1)Name and address of the consignor;

(2)Name and complete address of the consignee;

(3)Government order or requisition number;
(4)Government bill of lading number covering the shipment (if any); and

(5)Description of the material shipped, including item number, quantity, number of containers, and

package number (if any).

(b)When payment will be made by Government commercial credit card, in addition to the

information in (a) above, the packing list or shipping document shall include:

(1)Cardholder name and telephone number and

(2)The term “Credit Card.”

(End of clause)

Alternate I (May 2003). As prescribed at 511.204(c), substitute the following paragraphs (a)(3) and

(b) for (a)(3) and (b) of the basic clause:

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

(b) When payment will be made by Ordering activity commercial credit card, in addition to the

information in (a) above, the packing list or shipping document shall include:

(c)Cardholder name and telephone number; and

(d)The term “Credit Card.”

552.211-78 [Reserved]

552.211-79 Acceptable Age of Supplies.

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

Acceptable Age of Supplies (Feb 1996)

The supplies furnished under this contract shall not be more than _____ months old, beginning with

the first full month after the date of manufacture marked on the container. For the purpose of this

clause, supplies shall be considered to be furnished (1)when they are offered to the Government for

inspection and testing, or (2)on the date of shipment if shipment is authorized to be made without

prior inspection by the Government. If the age of the supplies furnished under this contract is

greater than the specified period, the Government may exercise its right to reject the supplies.

(End of clause)

Alternate I (Feb 1996). As prescribed in 511.404 (a)(1)(i), substitute the following sentence for the

first sentence of the basic clause:

The supplies furnished under this contract shall not be more than Enter value:Enter value:Enter

value:_____ days old, beginning with the date of manufacture (month, day, year) marked on the

container.
552.211-80 Age on Delivery.

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

Age on Delivery (Feb 1996)

Included in the description of each shelf-life item is a statement regarding the “age on delivery.” The

age of the item(s) shall not exceed the number of months shown in the item description, counted

from the first day of the month after the month of manufacture to the date of delivery to the

specified delivery point(s). If the age of the supplies delivered under this contract is greater than the

number of months shown, the Government may exercise its right to reject the supplies.

(End of clause)

552.211-81 Time of Shipment.

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

Time of Shipment (Feb 1996)

Shipment is required within_____ calendar days after receipt of order.

(End of clause)

Alternate I (Feb 1996). As prescribed in 511.404 (a)(2), add the following paragraph to the basic

clause:

Each delivery order will specify that shipment is required no later than the number of days shown

above. If such order also states that “Early Shipment is Precluded,” the Contractor agrees to make

shipment no sooner than _____ calendar days after receipt of order. Earlier shipments may result in

nonacceptance of the supplies at the delivery point at the time of arrival.

(The second number to be inserted should be 15calendar days less than the first number.)

552.211-82 [Reserved]

552.211-83 Availability for Inspection, Testing, and Shipment/Delivery.

As prescribed in 511.404 (a)(3), insert the following clause:

Availability for Inspection, Testing, and Shipment/Delivery (Feb 1996)

(a)The Government requires that the supplies be made avail-able for inspection and testing within

_____ [Insert “shipped” or “delivered”] _____* calendar days after receipt of [Insert “Notice of Award”

or “order”] , and be _____ [Insert “shipped” or “delivered”] _____within _____ [Insert “shipped” or

“delivered”] _____* calendar days after receipt of (1)notice of approval and release by the

Government inspector or (2)authorization to ship without Government inspection.
(b)Failure to make supplies available for inspection and testing or to [Insert “ship” or “deliver”] as

required by this clause may result in termination of this contract for default.

(End of clause)

Alternate I (Feb 1996). As prescribed in 511.404 (a)(3), add the following paragraph (b) to the basic

clause and redesignate paragraph (b) of the basic clause accordingly.

(b)If notice of approval and release by the Government inspector or authorization to ship without

Government inspection is received before _____ _____ [Insert “Notice of Award” or “order”] _____*

calendar days after receipt of the [Insert “Notice of Award” or “order”] , receipt of such notice shall

be deemed to be received on the _____ _____ [Insert “Notice of Award” or “order”] _____* calendar

day after receipt of _____ _____ [Insert “Notice of Award” or “order”] _____. Shipments shall not be

made before the _____ _____ [Insert “Notice of Award” or “order”] _____* calendar day after receipt of

the [Insert “Notice of Award” or “order”] unless authorized in writing by the Contracting Officer.

*Entries are normally the same number of days specified for availability.

552.211-84 [Reserved]

552.211-85 Consistent Pack and Package Requirements.

As prescribed in 511.204 (b)(4), insert the following clause:

Consistent Pack and Package Requirements (Jan 2010)

The Contractor is advised that the Government will, where possible, order in full shipping containers

and/or unitized loads. If volume warrants, the Government may also order in truckload or carload

quantities provided such quantities do not exceed the maximum order limitation of this contract.

When the number of items per unit container, intermediate container and/or shipping container is

not specified for an item, the offeror will state, in the spaces provided in the schedule of items, the

number of items to be provided in each container. The quantities which are accepted at the time of

award shall remain in effect throughout the term of the contract unless the Contracting Officer

approves in writing a request by the Contractor to change the package quantities. Requests for

changes shall be directed to the Contracting Officer or Administrative Contracting Officer,

whichever is applicable.

(End of clause)

552.211-86 Maximum Weight per Shipping Container.

As prescribed in 511.204 (b)(5), insert the following clause:

Maximum Weight per Shipping Container (Jan 2010)

In no instance shall the weight of a shipping container and its contents exceed 23 kilograms (51

pounds), except when caused by—
(a) The weight of a single item within the shipping container;

(b) A prescribed quantity per pack for an item per shipping container; or

(c) A definite weight limitation set forth in the purchase description.

(End of clause)

552.211-87 Export Packing.

As prescribed in 511.204 (b)(6), insert the following clause:

Export Packing (Jan 2010)

(a)Offerors are requested to quote, in the pricelist accompanying their offer (or by separate

attachment), additional charges or net prices covering delivery of the items furnished with

commercial or military export packing. Military export packing, if offered, shall be in accordance

with Mil-Std-2073-1 Level A or B as specified. If commercial export packing is offered, the offer or

pricelist shall include detailed specifications describing the packing to be furnished at the price

quoted.

(b)Ordering activities will not be obligated to utilize the Contractor’s services for export packing

accepted under this solicitation, and they may obtain such services elsewhere if desired. However,

the Contractor shall furnish items export packed when such packing is specified on the purchase

order.

(End of clause)

552.211-88 Vehicle Export Preparation.

As prescribed in 511.204 (b)(7), insert the following clause:

Vehicle Export Preparation (Jan 2010)

Vehicles shall be prepared for export on wheels, unboxed, unless otherwise specified in the Schedule

of Items. All parts and equipment easily removable (subject to pilferage) shall be enclosed in a box

substantially secured to the vehicle (inside body if feasible) in such a manner as to minimize the

possibility of loss or damage while in transit to ultimate destination.

(End of clause)

552.211-89 Non-manufactured Wood Packaging Material for Export.

As prescribed in 511.204 (b)(8), insert the following clause:

Non-Manufactured Wood Packaging Material for Export (Jul 2016)

(a)Definitions:
IPPC Country: Countries of the European Union (EU) or any other country endorsing the

International Plant Protection Convention (IPPC) “Guidelines for Regulating Wood Packaging

Material in International Trade,” approved March 15, 2002. A listing of countries participating in the

IPPC is found

athttp://www.aphis.usda.gov/import_export/plants/plant_exports/wpm/country/index.shtml.

Non-manufactured wood, is also called solid wood and defined as wood packing other than that

comprised wholly of wood-based products such as plywood, particle board, oriented strand board,

veneer, wood wool, and similar materials, which has been created using glue, heat and pressure or a

combination thereof.

Packaged material, and solid wood packing material (SWPM), for purposes of this clause, is defined

as each separate and distinct material that by itself or in combination with other materials forms the

container providing a means of protecting and handling a product. This includes, but is not limited

to, pallets, dunnage, crating, packing blocks, drums, load boards, pallet collars, and skids.

(b)Non-manufactured wood pallets and other non-manufactured wood packaging material used to

pack items for delivery to or through IPPC countries must be marked and properly treated in

accordance with IPPC guidelines.

(c)This requirement applies whether the shipment is direct to the end user or through a Government

designated consolidation point. Packaging that does not conform to IPPC guidelines will be refused

entry, destroyed or treated prior to entry.

(d)For Department of Defense distribution facilities or freight consolidation points, all nonmanufactured wood pallets or packaging material with a probability of entering countries endorsing

the IPPC Guidelines must be treated and marked in accordance with DLAD 47.305-1 (available at

http://farsite.hill.af.mil/archive/Dlad/Rev5/PART47.htm),and MIL-STD-2073-1, Standard Practice for

Military Packaging (and any future revision).

(e)Pallets and packing material shipped to FAS distribution facilities designated for possible delivery

to the countries endorsing the IPPC Guidelines will comply with DLAD 47.305-1, and MILSTD-2073-1.

(f)Delays in delivery caused by non-complying pallets or wood package material will not be

considered as beyond the control of the Contractor. Any applicable Government expense incurred as

a result of the Contractor’s failure to provide appropriate pallets or package material shall be

reimbursed by the Contractor. Expenses may include the applicable cost for repackaging, handling

and return shipping, or the destruction of solid wood packaging material.

(End of clause)

552.211-90 Small Parts.

As prescribed in 511.204 (b)(9), insert the following clause:

Small Parts (Jan 2010)

All small parts required to be furnished with machines covered by contracts resulting from this

solicitation shall be packed in envelopes, sealed, identified with part numbers and quantity on

outside of envelopes. Larger parts must be individually tagged and identified with part number on
face of tag.

(End of clause)

552.211-91 Vehicle Decals, Stickers, and Data Plates.

As prescribed in 511.204 (b)(10), insert the following clause:

Vehicle Decals, Stickers, and Data Plates (Jan2010)

Unless otherwise specified, caution plates/decals shall be conspicuously installed for all equipment

requiring such notices. Vehicles for civil agencies shall be provided with the manufacturer’s current

warranty legend imprinted on decalcomania, and applied in a visible area of the engine

compartment. In addition, a decal or sticker shall provide at least the following information: contract

number; purchase order number; date of delivery, month and year; and the warranty time, in month

and miles.

(End of clause)

552.211-92 Radio Frequency Identification (RFID) Using Passive Tags.

As prescribed in 511.204 (b)(11), insert the following clause:

Radio Frequency Identification (RFID) Using Passive Tags (Jan 2010)

Radio Frequency Identification shall be required on all non-bulk shipments to the Defense Logistics

Agency (DLA) or Department of Defense (DoD) destinations. Shipments shall be tagged in

accordance with 48 CFR clause 252.211-7006. Shipments to GSA Distribution Centers with final

destinations to DLA and DoD shall be in compliance to 48 CFR 252.211-7006. Copies may be

obtained from http://www.access.gpo.gov/nara/cfr/cfr-table-search.html.

(End of clause)

552.211-93 [Reserved]

552.211-94 Time of Delivery.

As prescribed at 511.404(a)(4), insert the following clause:

Time of Delivery (Jan 2010)

An “X” mark in the left hand block shall be considered a mandatory requirement to be fulfilled by

the contractor.
The Contractor will ship contract item(s) to the Federal Acquisition

Service (FAS) stocking points identified in the delivery order at its

discretion in order to maintain the required stock levels within the

minimum and maximum requirements provided in the weekly status

report.

Enter

value:

Delivery is required to be made at destination within *Enter value:______*

calendar days after receipt of order for deliveries to a GSA facility.

Enter

value:

Orders under this contract may require direct delivery to other agencies.

Orders for direct delivery must be shipped and delivered within the time

specified in blocks below.

Enter

value: Shipment must be made with *Enter value:________* days after receipt of order.

Enter

value:

In addition to block above the Contractor must also ensure that delivery will be

made within *Enter value:__________* days after receipt of order.

(End of clause)

552.212 [Reserved]

552.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

(FAR DEVIATION 52.212-4).

As prescribed in 512.301 (b), replace subparagraph (g)(2), paragraph (s), and paragraph (u) of FAR

clause 52.212-4. Also, add paragraph (w) to FAR clause 52.212-4:

Contract Terms and Conditions—Commercial Products and Commercial Services (FAR DEVIATION

52.212-4) (Jan 2023)

(g)(2) The due date for making invoice payments by the designated payment office is the later of the

following two events:

(i) The 10th day after the designated billing office receives a proper invoice from the Contractor. If

the designated billing office fails to annotate the invoice with the date of receipt at the time of

receipt, the invoice payment due date shall be the 10th day after the date of the Contractor’s

invoice; provided the Contractor submitted a proper invoice and no disagreement exists over

quantity, quality, or Contractor compliance with contract requirements.

(ii) The 10th day after Government acceptance of supplies delivered or services performed by the

Contractor.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by

giving precedence in the following order:
(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements -

Unenforceable Clauses paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any commercial supplier agreements as

amended by the Commercial Supplier Agreements -Unenforceable Clauses provision.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449. (8)

(8) Other documents, exhibits, and attachments.

(9) The specification.

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any

supply or service acquired under this contract is subject to any commercial supplier agreement (as

defined in 502.101) that includes any language, provision, or clause requiring the Government to

pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or

entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act

violation (31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have

agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the

commercial supplier agreement is invoked through an “I agree” click box or other comparable

mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the

Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier

agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification or any other payment by the

Government that is expressly authorized by statute and specifically authorized under applicable

agency regulations and procedures.

(w) Commercial supplier agreements unenforceable clauses.When any supply or service acquired

under this contract is subject to a commercial supplier agreement (as defined in 502.101), the

following language shall be deemed incorporated into the commercial supplier agreement. As used

herein, “this agreement” means the commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or

instrumentality of the U.S. Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S.

Government for the acquisition of the supply or service that necessitates a license or other similar
legal instrument (including all contracts, task orders, and delivery orders under FAR 12).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to

bind a Government employee or person acting on behalf of the Government in his or her personal

capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S.

territory, district, or municipality, or a foreign nation, except where Federal law expressly provides

for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that

prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by

applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or

suspend any rights granted to the Government except as allowed by this contract. If the supplier or

licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights

under the Contract Disputes Act or other applicable Federal statute while continuing performance

as set forth in subparagraph (d) (Disputes).

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or

relating to this agreement, a binding arbitration shall not be used unless specifically authorized by

agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or

interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g.,

Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms. (A) After award, the contractor may unilaterally revise commercial supplier

agreement terms: if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised commercial

supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement license terms or conditions unilaterally revised subsequent to award that are

inconsistent with any material term or provision of this contract shall not be enforceable against the

Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this

agreement (e.g., annual software maintenance or annual lease term), such license or service shall

not renew automatically upon expiration of its current term without prior express consent by an

authorized Government representative.
(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to

defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice

has the sole right to represent the United States in any such action, in accordance with 28 U.S.C.

516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the

end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to

the ordering activity. Any resulting invoice must comply with the proper invoicing requirements

specified in the underlying Government contract or order.

(B) This charge, if disputed by the ordering activity, will be resolved in accordance with

subparagraph (d) (Disputes) through the Disputes clause at 552.212-4(d); no payment obligation

shall arise on the part of the ordering activity until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without

reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to

pass along to the Government as end user will be governed by the terms of the underlying

Government contract or order and, in any event, must be submitted to the Contracting Officer for a

determination of applicability prior to invoicing unless specifically agreed to otherwise in the

Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations

thereunder be delegated, without the Government's prior approval, except as expressly permitted

under subparagraph (b) of this clause.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is

hereby amended to state that neither the agreement nor the contract price list, as applicable, shall

be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved

consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the

contrary, the Government may retain any confidential information as required by law, regulation or

its internal document retention procedures for legal, regulatory or compliance purposes; provided,

however, that all such retained confidential information will continue to be subject to the

confidentiality obligations of this agreement.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the

preceding paragraph (w)(1), the language, provisions, or clause of paragraph (w)(1) shall prevail to

the extent of such inconsistency.

(End of clause)

552.212-70 [Reserved]

552.212-71 Contract Terms and Conditions Applicable to GSA Acquisitions of Commercial

Products and Commercial Services.

As prescribed in 512.301 (a)(1), insert the following clause:
Contract Terms and Conditions Applicable to GSA Acquisitions of Commercial Products and

Commercial Services (OCT 2023)

The Contractor agrees to comply with any clause that is incorporated herein by reference to

implement agency policy applicable to acquisition of commercial products, including commercial

components, and commercial services. The clause in effect based on the applicable regulation cited

on the date the solicitation is issued applies unless otherwise stated herein. The Contracting Officer

should check the clauses in paragraph (b) that apply or delete the clauses that do not apply from the

list. The Contracting Officer may add the date of the clause if desired for clarity. The GSAR clauses

in paragraph (b) of this section are incorporated by reference.

[The Contracting Officer should check the clauses that apply or delete the clauses that do not apply

from the list. The Contracting Officer may add the date of the clause if desired for clarity.]

(b) Clauses.

552.203-71 Restriction on Advertising

552.211-73 Marking

552.219-70 Allocation of Orders—Partially Set-Aside Items

552.229-70 Federal, State, and Local Taxes

552.232-72 Final Payment Under Building Services Contracts

552.237-71 Qualifications of Employees

552.242-70 Status Report of Orders and Shipments

(End of Clause)

552.212-72 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders Applicable to GSA Acquisition of Commercial Products and Commercial Services.

As prescribed in 512.301 (a)(2), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders Applicable to

GSA Acquisition of Commercial Products and Commercial Services (OCT 2023)

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

contracting officer should either check the provisions and clauses that apply or delete the provisions

and clauses that do not apply from the lists in paragraphs (a) and (b). The contracting officer may
add the date of the provision or clause if desired for clarity. The GSAR provisions in paragraph (a)

and GSAR clauses in paragraph (b) are incorporated by reference.

(a) Provisions.

_____ 552.223-72 Hazardous Material Information

(b) Clauses.

_____ 552.215-70 Examination of

Records by GSA. Examination of Records by GSA

_____ 552.223-70 Hazardous Substances

_____ 552.223-71 Nonconforming Hazardous Material

_____ 552.223-73

Preservation, Packaging, Packing, Marking, and

Labeling of Hazardous Materials (HAZMAT) for

Shipments.

_____ 552.232-23 Assignment of Claims

(End of clause)

552.212-73 [Reserved]

552.214 [Reserved]

552.214-70 “All or None” Bids.

As prescribed in 514.201-6 , insert the following provision:

“All or None” Bids (Oct 2009)

(a) The Government reserves the right to evaluate bids and make awards on an “all or none” basis as

provided below.

A bid submitted on an “all or none” or similar basis will be evaluated as follows: The lowest

acceptable bid exclusive of the “all or none” bid 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” bid. Award will

be made to result in the lowest total cost to the Government.

(End of provision)
552.214-71 [Reserved]

552.214-72 Bid Sample Requirements.

As prescribed in 514.202-4 (a)(3), insert the following provision:

Bid Sample Requirements (Oct 2009)

This provision supplements FAR52.214-20, which is incorporated by reference. Samples shall be

from the production of the manufacturer whose products will be supplied under resultant contracts.

(a) Two bid samples are required for each of the following items in this solicitation:

___________________________________________________________________________

(b) Two representative samples shall be submitted for each of the following items upon which a bid

is submitted:

Items Acceptable Representative Samples

NOTE: Bidders that propose to furnish an item or group of items from more than one manufacturer

or production point must submit two samples from the production of each manufacturer or

production point.

(c) Samples will be evaluated to determine compliance with all characteristics listed below:

Subjective Characteristics Objective Characteristics

(d) Forward samples addressed to the Sample Room indicated below. Except for samples delivered

by U.S. Mail, deliveries will be accepted between the hours of _______________ Mondays through

Fridays, official holidays excluded.

CAUTION: USE PROPER ADDRESS FOR METHOD OF SHIPMENT SELECTED.
Mail and Parcel Post

[Insert Address of Bid Sample Room]

Freight or Express

[Insert address of Bid Sample Room]

(e) Contracting Officer insert address.

(End of provision)

552.215 [Reserved]

552.215-70 Examination of Records by GSA.

As prescribed in 515.209-70 (a) insert the following clause:

Examination of Records by GSA (Jun 2016)

The Contractor agrees that the Administrator of General Services or any duly authorized

representatives shall, until the expiration of 3 years after final payment under this contract, or of the

time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation

(48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books,

documents, papers, and records of the Contractor involving transactions related to this contract or

compliance with any clauses thereunder. The Contractor further agrees to include in all its

subcontracts hereunder a provision to the effect that the subcontractor agrees that the

Administrator of General Services or any authorized representatives shall, until the expiration of 3

years after final payment under the subcontract, or of the time periods for the particular records

specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires

earlier, have access to and the right to examine any books, documents, papers, and records of such

subcontractor involving transactions related to the subcontract or compliance with any clauses

thereunder. The term “subcontract” as used in this clause excludes (a) purchase orders not

exceeding the simplified acquisition threshold and (b) subcontracts or purchase orders for public

utility services at rates established for uniform applicability to the general public.

(End of clause)

552.215-71 [Reserved]
552.215-72 [Reserved]

552.215-73 Notice.

As prescribed in 515.209-70 (c), insert the following clause:

Notice (Jul 2016)

(a)The information collection requirements contained in this solicitation/contract are either required

by regulation or approved by the Office of Management and Budget pursuant to the Paperwork

Reduction Act and assigned OMB Control No. 3090-0163.

(b)GSA’s hours of operation are 8:00 a.m. to 4:30 p.m. Requests for pre-award debriefings

postmarked or otherwise submitted after 4:30 p.m. will be considered submitted the following

business day. Requests for post-award debriefings delivered after 4:30 p.m. will be considered

received and filed the following business day.

(End of clause)

552.216 [Reserved]

552.216-70 Economic Price Adjustment—FSS Multiple Award Schedule Contracts.

As prescribed in 516.203-4 (a), insert the following clause:

Economic Price Adjustment—FSS Multiple Award Schedule Contracts (Sep 1999)

Price adjustments include price increases and price decreases. Adjustments will be considered as

follows:

(a) Contractors shall submit price decreases anytime during the contract period in which they occur.

Price decreases will be handled in accordance with the provisions of the Price Reduction Clause.

(b) Contractors may request price increases under the following conditions:

(1) Increases resulting from a reissue or other modification of the Contractor’s commercial

catalog/pricelist that was used as the basis for the contract award.

(2) Only three increases will be considered during the contract period.

(3) Increases are requested after the first 30days of the contract period and prior to the last 60days

of the contract period.

(4) At least 30days elapse between requested increases.

(c) The aggregate of the increases in any contract unit price under this clause shall not exceed *

percent of the original contract unit price. The Government reserves the right to raise this ceiling

where changes in market conditions during the contract period support an increase.

(d) The following material shall be submitted with the request for a price increase:
(1) A copy of the commercial catalog/pricelist showing the price increase and the effective date for

commercial customers.

(2) Commercial Sales Practice format regarding the Contractor’s commercial pricing practice

relating to the reissued or modified catalog/price- list, or a certification that no change has occurred

in the data since completion of the initial negotiation or a subsequent submission.

(3) Documentation supporting the reasonableness of the price increase.

(e) The Government reserves the right to exercise one of the following options:

(1) Accept the Contractor’s price increases as requested when all conditions of (b), (c), and (d) of

this clause are satisfied;

(2) Negotiate more favorable discounts from the new commercial prices when the total increase

requested is not supported; or,

(3) Remove the product(s) from contract involved pursuant to the Cancellation Clause of this

contract, when the increase requested is not supported.

(f) The contract modification reflecting the price adjustment shall be signed by the Government and

made effective upon receipt of notification from the Contractor that the new catalog/pricelist has

been mailed to the addressees previously furnished by the Contracting Officer, provided that in no

event shall such price adjustment be effective prior to the effective date of the commercial price

increases. The increased contract prices shall apply to delivery orders issued to the Contractor on or

after the effective date of the contract modification.

*Insert the percent appropriate at the time the solicitation is issued. This percentage should

normally be 10 percent, unless based on a trend established by an appropriate index such as the

Producer Prices and Price Index during the most recent 6-month period indicates that a different

percentage is more appropriate. Any ceiling other than 10 percent must be approved by the

contracting director.

(End of clause)

Alternate I (Sep 1999). As prescribed by 516.203-4(a)(2), substitute the following for paragraphs (b)

and (c) of the clause:

(b) Contractors may request price increases to be effective on or after the first 12 months of the

contract period providing all of the following conditions are met:

(1) Increases resulting from a reissue or other modification of the Contractor’s commercial

catalog/pricelist that was used as the basis for the contract award.

(2) No more than three increases will be considered during each succeeding 12-month period of the

contract.(For succeeding contract periods of less than 12months, up to three increases will be

considered subject to the other conditions of this paragraph (b)).

(3) Increases are requested before the last 60days of the contract period.

(4) At least 30 days elapse between requested increases.

(c) Any contract period during which price increases will be considered, the aggregate of the
increases during any 12-month period shall not exceed _____* percent of the contract unit price in

effect at the end of the preceding 12-month period. The Government reserves the right to raise the

ceiling when market conditions during the contract period support such a change.

*Insert the percentage appropriate at the time the solicitation is issued. This percentage should be

determined based on the trend established by an appropriate index such as the Producer Prices and

Price Index. A ceiling of more than 10percent must be approved by the Contracting Director.

552.216-71 Economic Price Adjustment—Special Order Program Contracts.

As prescribed in 516.203-4 (a), insert the following clause:

Economic Price Adjustment—Special Order Program Contracts (Aug 2010)

(a) “Producer Price Index” (PPI), as used in this clause, means the originally released index, not

seasonally adjusted, published by the Bureau of Labor Statistics, U.S. Department of Labor (Labor)

for product code _____ found under Table _____

(b) During the term of the contract, the award price may be adjusted once during each 12-month

period upward or downward. However, if an upward adjustment, a maximum of _____* percent shall

apply. Any price adjustment for the product code shall be based upon the percentage change in the

PPI released in the month prior to the initial month of the contract period specified in the solicitation

for sealed bidding or the month prior to award in negotiation (the base index) and the PPI released

12months later (the updated index). The formula for determining the Adjusted Contract Price (ACP)

applicable to shipments for the balance of the contract period is—

(c) If the PPI is not available for the month of the base index or the updated index, the month with

the most recently published PPI prior to the month determining the base index or updated index

shall be used.

(d) If a product code is discontinued, the Government and the Contractor will mutually agree to

substitute a similar product code. If Labor designates an index with a new title and/or code number

as continuous with the product code specified above, the new index shall be used.

(e) Unless the Contractor’s written request for a price adjustment resulting from the application of

the formula in paragraph (b) of this clause is received by the Contracting Officer within 30calendar

days of the release of the updated index, the Contractor shall have waived its right to an upward

price adjustment for the balance of the contract. Alternatively, the Contracting Officer will

unilaterally adjust the award price downward when appropriate using the updated index defined in

paragraph (b) of this clause.

(f) Price adjustments shall be effective upon execution of a contract modification by the Government

or on the 31st— day following the release of the updated index, whichever is later, shall indicate the

updated index and percent of change as well as the ACP, and shall not apply to delivery orders

issued before the effective date.
(End of clause)

Alternate I (Aug 2010). As prescribed in 516.203-4 (a)(1) and (2), substitute the following

paragraphs (b), (e), and (f) for paragraphs (b), (e), and (f) of the basic clause:

(b) Once during each 12-month period, the contract price may be adjusted upward or downward a

maximum of _____* percent.

(1) For the first option period, any price adjustment for the product code shall be based upon the

percentage change in the PPI released in the month prior to the initial month of the contract period

specified in the solicitation for sealed bidding or the month prior to award in negotiation (the base

index) and the PPI released in the third month before completion of the initial contract period stated

in the solicitation (the updated index). This initial contract period may be less than 12months. The

formula for determining the Adjusted Contract Price (ACP) applicable to shipments during the first

option period is—

(2) For any subsequent option period, the price adjustment shall be the percentage change between

the previously updated index (the new base index) and the PPI released 12months later (the most

recent updated index). This percentage shall be applied to the Current Contract Price (CCP). The

formula for determining the ACP applicable to shipments for the subsequent option period(s) is—

(e) Unless the Contractor’s written request for a price adjustment resulting from the application of

the formulas in paragraphs (b)(1) or (2) of this clause is received by the Contracting Officer within

30 calendar days of the date of the Government’s preliminary written notice of its intent to exercise

the option, the Contractors shall have waived its right to an upward price adjustment for that option

period. Alternatively, the Contracting Officer in its written notice shall exercise the option at the

CCP or at a reduced price when appropriate using the formulas in paragraphs (b)(1) or (2) of this

clause.

(f) Price adjustments shall be effected by execution of a contract modification by the Government

indicating the most recent updated index and percent of change and shall apply to delivery orders

placed on or after the first day of the option period.

Alternate II (Aug 2010). As prescribed in 516.203-4 (a)(2), add the following paragraph (g) to the

basic clause.

(g) No price adjustment will be made unless the percentage change in the PPI is at least _____*

percent.

The Contracting Officer should insert a lower percent than the maximum percentage stated in

paragraph (b) of the clause.
552.216-72 Placement of Orders.

As prescribed in 516.506 (a), insert the following clause:

Placement of Orders (Jan 2016)

(a) Delivery orders (orders) will be placed by:

[Contracting Officer insert names of Federal agencies]

(b) Orders may be placed through Electronic Data Interchange (EDI) or mailed in paper form. EDI

orders shall be placed using the American National Standards Institute (ANSI) X12 Standard for

Electronic Data Interchange (EDI) format.

(c) If the Contractor agrees, General Services Administration’s Federal Acquisition Service (FAS)

will place all orders by EDI using computer-to-computer EDI. If computer-to-computer EDI is not

possible, FAS will use an alternative EDI method allowing the Contractor to receive orders by

facsimile transmission. Subject to the Contractor’s agreement, other agencies may place orders by

EDI.

(d) When computer-to-computer EDI procedures will be used to place orders, the Contractor shall

enter into one or more Trading Partner Agreements (TPA) with each Federal agency placing orders

electronically in order to ensure mutual understanding by the parties of certain electronic

transaction conventions and to recognize the rights and responsibilities of the parties as they apply

to this method of placing orders. The TPA must identify, among other things, the third party

provider(s) through which electronic orders are placed, the transaction sets used, security

procedures, and guidelines for implementation. Federal agencies may obtain a sample format to

customize as needed from the office specified in paragraph (g) of this clause.

(e) The Contractor shall be responsible for providing its own hardware and software necessary to

transmit and receive data electronically. Additionally, each party to the TPA shall be responsible for

the costs associated with its use of third party provider services.

(f) Nothing in the TPA will invalidate any part of this contract between the Contractor and the

General Services Administration. All terms and conditions of this contract that otherwise would be

applicable to a mailed order shall apply to the electronic order.

(g) The basic content and format of the TPA will be provided by: General Services Administration,

Office of the Chief Information Officer (I). Contact information can be found at:

http://www.gsa.gov/portal/category/21404.

(End of clause)

Alternate I (Aug 2010). As prescribed in 516.506 (a), substitute the following paragraphs (a), (b), (c),

and (d) for paragraphs (a), (b), (c), and (d) of the basic clause:

(a) All delivery orders (orders) under this contract will be placed by the General Services

Administration’s Federal Acquisition Service (FAS). The Contractor is not authorized to accept

orders from any other agency. Violation of this restriction may result in termination of the contract

pursuant to the default clause of this contract.
(b) All orders shall be placed by Electronic Data Interchange (EDI) using the American National

Standards Institute (ANSI) X12 Standard for Electronic Data Interchange (EDI) format.

(c) If the Contractor agrees, transmission will be computer-to-computer EDI. If computer-tocomputer EDI is not possible, FAS will use an alternative EDI method allowing the Contractor to

receive orders by facsimile transmission.

(d) When computer-to-computer EDI procedures will be used to place orders, the Contractor shall

enter into a Trading Partner Agreement (TPA) with FAS in order to ensure mutual understanding by

the parties of certain electronic transaction conventions and to recognize the rights and

responsibilities of the parties as they apply to this method of placing orders. The TPA must identify,

among other things, the third party provider(s) through which electronic orders are placed, the

transaction sets used, security procedures, and guidelines for implementation.

552.216-73 Ordering Information.

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

Ordering Information (Aug 2010)

(a)In accordance with the Placement of Orders clause of this solicitation, the offeror elects to receive

orders placed by GSA’s Federal Acquisition Service (FAS) by either facsimile transmission or

computer-to-computer Electronic Data Interchange (EDI).

(b)An offeror electing to receive computer-to-computer EDI is requested to indicate below the name,

address, and telephone number of the representative to be contacted regarding establishment of an

EDI interface.

Enter value:

(c)An offeror electing to receive orders by facsimile transmission is requested to indicate below the

telephone number(s) for facsimile transmission equipment where orders should be forwarded.

Enter value:

(d)For mailed orders, the offeror is requested to include the postal mailing address(es) where paper

form orders should be mailed.

Enter value:

(e)Offerors marketing through dealers are requested to indicate below whether those dealers will be

participating in the proposed contract.

YES NO

If “yes” is checked, ordering information to be inserted above shall reflect that in addition to

offeror’s name, address, and facsimile transmission telephone number, orders can be addressed to
the offeror’s name, c/o nearest local dealer. In this event, two copies of a list of participating dealers

shall accompany this offer, and shall also be included in Contractor’s Federal Supply Schedule

pricelist.

(End of provision)

Alternate I (Sep 1999). As prescribed in 516.506 (b), delete paragraph (d) of the basic provision and

redesignate paragraph (e) accordingly.

552.216-74 [Reserved]

552.216-75 Transactional Data Reporting.

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

Transactional Data Reporting (May 2023)

(a) Definition. “Transactional data” encompasses the historical details of the products or services

delivered by the Contractor during the performance of task or delivery orders issued against this

contract.

(b) Reporting of Transactional Data. The Contractor must report all transactional data under this

contract as follows:

(1)The Contractor must electronically report transactional data by utilizing the automated reporting

system at an Internet website designated by the General Services Administration (GSA) or by

uploading the data according to GSA instructions. GSA will post registration instructions and

reporting procedures on the Vendor Support Center website, https://vsc.gsa.gov. The reporting

system website address, as well as registration instructions and reporting procedures, will be

provided at the time of award or inclusion of this clause in the contract.

(2)The Contractor must provide, at no additional cost to the Government, the following transactional

data elements, as applicable:

(i)Contract or Blanket Purchase Agreement (BPA) Number.

(ii)Delivery/Task Order Number/Procurement Instrument Identifier (PIID).

(iii)Non Federal Entity.

(iv)Description of Deliverable.

(v)Manufacturer Name.

(vi)Manufacturer Part Number.

(vii)Unit Measure (each, hour, case, lot).

(viii)Quantity of Item Sold.

(ix)Universal Product Code.
(x)Price Paid per Unit.

(xi)Total Price.

Note to paragraph (b)(2): The Contracting Officer may add data elements to the standard elements

listed in paragraph (b)(2) of this section with the approvals listed in GSAM 507.105(b)(3).

(3)The Contractor must report transactional data within 30 calendar days from the last calendar day

of the month. If there was no contract activity during the month, the Contractor must submit a

confirmation of no reportable transactional data within 30 calendar days of the last calendar day of

the month.

(4)The Contractor must report the price paid per unit, total price, or any other data elements with an

associated monetary value listed in (b)(2) of this section, in U.S. dollars.

(5)The Contractor must maintain a consistent accounting method of transactional data reporting,

based on the Contractor's established commercial accounting practice.

(6) Reporting Points.

(i)The acceptable points at which transactional data may be reported include–

(A)Issuance of an invoice; or

(B)Receipt of payment.

(ii)The Contractor must determine whether to report transactional data on the basis of invoices

issued or payments received.

(7)The Contractor must continue to furnish reports, including confirmation of no transactional data,

through physical completion of the last outstanding task or delivery order issued against the

contract.

(8)Unless otherwise expressly stated by the ordering activity, orders that contain classified

information or other information that would compromise national security are exempt from this

reporting requirement.

(9)This clause does not exempt the Contractor from fulfilling existing reporting requirements

contained elsewhere in the contract.

(10)GSA reserves the unilateral right to change reporting instructions following 60 calendar days’

advance notification to the Contractor.

(c)Contract Access Fee (CAF).

(1)GSA’s operating costs are reimbursed through a CAF charged on orders placed against this

contract. The CAF is paid by the ordering activity but remitted to GSA by the Contractor. GSA has

the unilateral right to change the fee structure at any time, but not more than once per year; GSA

will provide reasonable notice prior to the effective date of any change.

(2)Within 60 calendar days of award or inclusion of this clause in the contract, a GSA representative

will provide the Contractor with specific written procedural instructions on remitting the CAF,
including the deadline by which the Contractor must remit the CAF. The deadline specified in the

written procedural instructions will be no less than 30 calendar days after the last calendar day of

the month. GSA reserves the unilateral right to change remittance instructions following 60 calendar

days’ advance notification to the Contractor.

(3)The Contractor must remit the CAF to GSA in U.S. dollars.

(4)The Contractor’s failure to remit the full amount of the CAF within the specified deadline

constitutes a contract debt to the United States Government under the terms of FAR Subpart 32.6.

The Government may exercise all rights under the Debt Collection Improvement Act of 1996,

including withholding or offsetting payments and interest on the debt (see FAR clause 52.232-17,

Interest). If the Contractor fails to submit the required sales reports, falsifies them, or fails to timely

pay the CAF, these reasons constitute sufficient cause for the Government to terminate the contract

for cause.

(End of clause)

552.216-76 [Reserved]

552.217 [Reserved]

552.217-70 Evaluation of Options.

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

Evaluation of Options (Jul 2016)

(a) The Government will evaluate offers for award purposes by determining the lowest base period

price. When option year pricing is based on a formula (e.g.,changes in the Producer Price Index or

other common standard), option year pricing is automatically considered when evaluating the base

year price, as any change in price will be uniformly related to changes in market conditions. All

options are therefore considered to be evaluated. Evaluation of options will not obligate the

Government to exercise the option(s).

(b) The Government will reject the offer if exceptions are taken to the price provisions of the

Economic Price Adjustment clause, unless the exception results in a lower maximum option year

price. Such offers will be evaluated without regard to the lower option year(s) maximum. However, if

the offeror offering a lower maximum is awarded a contract, the award will reflect the lower

maximum.

(End of provision)

552.217-71 Notice Regarding Option(s).

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

Notice Regarding Option(s) (Nov 1992)
The General Services Administration (GSA) has included an option to [Insert “purchase additional

quantities of supplies or services” or “extend the term of this contract” or “purchase additional

quantities of supplies or services and to extend the term of this contract”] in order to demonstrate

the value it places on quality performance by providing a mechanism for continuing a contractual

relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality

performance expectations as communicated to the Contractor, in writing, by the Contracting Officer

or designated representative. When deciding whether to exercise the option, the Contracting Officer

will consider the quality of the Contractor’s past performance under this contract in accordance with

48CFR517.207.

(End of provision)

552.219 [Reserved]

552.219-70 Allocation of Orders—Partially Set-aside Items.

As prescribed in 519.507 , insert the following clause:

Allocation of Orders—Partially Set-Aside Items (Sep 1999)

Where the set-aside portion of an item or group of items is awarded to a Contractor other than the

one receiving the award on the corresponding non-set-aside portion, the Government will divide the

requirements to be ordered between the two Contractors with the objective of achieving, as nearly

as possible, a 50/50 division of the total value of orders placed after the award of the set-aside

portion. In no case will this division vary by more than a 60/40 division (with either the non-set-aside

or set-aside Contractor receiving the larger portion) from the time of the award of the set-aside

portion.

(End of clause)

552.219-74 Section8(a)Direct Award.

As prescribed in 519.870-2 (a), insert the following clause:

Section 8(a) Direct Award (Sep 1999)

(a)This contract is issued as a direct award between the contracting activity and the 8(a)Contractor

pursuant to the Memorandum of Understanding between the Small Business Administration (SBA)

and the General Services Administration. SBA retains the responsibility for 8(a)certifications,

8(a)eligibility determinations, and related issues, and will provide counseling and assistance to the

8(a)contractor under the 8(a)program. The cognizant SBA district office is:

[Complete at time of award]

(b)The contracting activity is responsible for administering the contract and taking any action on

behalf of the Government under the terms and conditions of the contract. However, the contracting

activity shall give advance notice to SBA before it issues a final notice terminating performance,

either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA

prior to processing any advance payments or novation agreements. The contracting activity may
assign contract administration functions to a contract administration office.

(c)The Contractor agrees:

(1)To notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA’s

8(a)regulations), when the owner or owners upon whom 8(a)eligibility is based plan to relinquish

ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or

control shall result in termination of the contract for convenience, unless SBA waives the

requirement for termination prior to the actual relinquishing of ownership and control.

(2)To the requirements of 52.219-14, Limitations on Subcontracting.

(End of clause)

552.223 [Reserved]

552.223-70 Hazardous Substances.

As prescribed in 523.303 (a), insert the following clause:

Hazardous Substances (May 1989)

(a) If the packaged items to be delivered under this contract are of a hazardous substance and

ordinarily are intended or considered to be for use as a household item, this contract is subject to

the Federal Hazardous Materials Act, as amended (15 U.S.C.1261-1276), implementing regulations

thereof (16CFRChapterII), and Federal Standard No.123, Marking for Shipment (Civil Agencies),

issue in effect on the date of this solicitation.

(b) The packaged items to be delivered under this contract are subject to the preparation of shipping

documents, the preparation of items for transportation, shipping container construction, package

making, package labeling, when required, shipper’s certification of compliance, and transport

vehicle placarding in accordance with Parts171 through 178 of 49CFRand the Hazardous Materials

Transportation Act.

(c) The minimum packaging acceptable for packaging Department of Transportation regulated

hazardous materials shall be those in 49CFR173.

(End of clause)

552.223-71 Nonconforming Hazardous Materials.

As prescribed in 523.303 (b), insert the following clause:

Nonconforming Hazardous Materials (Sep 1999)

(a) Nonconforming supplies that contain hazardous material or that may expose persons who handle

or transport the supplies to hazardous material and which require replacement under the inspection

and/or warranty clauses of this contract shall be reshipped to the Contractor at the Contractor’s

expense. The Contractor agrees to accept return of these nonconforming supplies and to pay all
costs occasioned by their return.

(b) “Hazardous materials,” as used in this clause, includes any material defined as hazardous under

the latest version of Federal Standard No.313 (including revisions adopted during the term of the

contract).

(c) If the Contractor fails to provide acceptable disposition instructions for the nonconforming

supplies within 10days from the date of the Government’s request (or such longer period as 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 FAR9.104-3(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:

NSN DOT Shipping Name DOT Hazard Class DOT Label Required

Yes[]No[]

Yes[]No[]

Yes[]No[]

(End of provision)

552.223-73 Preservation, Packaging, Packing, Marking, and Labeling of Hazardous

Materials (HAZMAT) For Shipments.

As prescribed in 523.303 (c), insert the following clause:

Preservation, Packaging, Packing, Marking, and Labeling of Hazardous Materials (HAZMAT) For
Shipments (Jun 2015)

(a) Definition. “United States,” as used in this clause, means the 48 adjoining U.S. States, Alaska,

Hawaii, and U.S. territories and possessions, such as Puerto Rico.

(b) Preservation, packaging, packing, marking, and labeling of hazardous materials for export

shipment outside the United States in all transport modes shall comply with the following, as

applicable:

(1) International Maritime Dangerous Goods (IMDG) Code as established by the International

Maritime Organization (IMO).

(2) U.S. Department of Transportation (DOT) Hazardous Material Regulation (HMR) 49 CFR parts

171 through 180. (Note: Classifications permitted by the HMR, but not permitted by the IMDG code,

such as Consumer Commodities classed as ORM-D, shall be packaged in accordance with the IMDG

Code and dual-marked with both Consumer Commodity and IMDG marking and labeling.)

(3) Occupational Safety and Health Administration (OSHA) Regulation 29 CFR 1910.1200.

(4) International Air Transport Association (IATA), Dangerous Goods Regulation and/or International

Civil Aviation Organization (ICAO), Technical Instructions.

(5) AFMAN 24-204, Air Force Inter-Service Manual, Preparing Hazardous Materials For Military Air

Shipments.

(6) Any preservation, packaging, packing, marking, and labeling requirements contained elsewhere

in this solicitation and contract.

(c) Preservation, packaging, packing, marking, and labeling of hazardous materials for domestic

shipments within the United States in all transport modes shall comply with the following; as

applicable:

(1) U.S. Department of Transportation (DOT) Hazardous Material Regulation (HMR) 49 CFR parts

171 through 180.

(2) Occupational Safety and Health Administration (OSHA) Regulation 29 CFR 1910.1200.

(3) Any preservation, packaging, packing, marking, and labeling requirements contained elsewhere

in this solicitation and contract.

(d) Hazardous Material Packages designated for outside the United States destinations through

Forwarding Points, Distribution Centers, or Container Consolidation Points (CCPs) shall comply with

the IMDG, IATA, ICAO or AFMAN 24-204 codes, as applicable.

(e) The test certification data showing compliance with performance-oriented packaging or UNapproved packaging requirements shall be made available to GSA contract

administration/management representatives or regulatory inspectors upon request.

(End of clause)

552.227 [Reserved]
552.227-70 Government Rights (Unlimited).

As prescribed in 527.409 (a), insert the following clause:

Government Rights (Unlimited) (May 1989)(Deviation FAR 52.227-17)

The Government shall have unlimited rights in all drawings, designs, specifications, notes and other

works developed in the performance of this contract, including the right to use same on any other

Government design or construction without additional compensation to the Contractor. The

Contractor hereby grants to the Government a paid-up license throughout the world to all such

works to which he may assert or establish any claim under design patent or copyright laws. The

Contractor for a period of three years after completion of the project agrees to furnish the original

or copies of all such works on the request of the Contracting Officer.

(End of clause)

552.227-71 Drawings and Other Data to Become Property of Government.

As prescribed in 527.409 (b), substitute the following clause:

Drawings and Other Data to Become Property of Government (MAY 1989)(Deviation FAR 52.227-17)

All designs, drawings, specifications, notes and other works developed in the performance of this

contract shall become the sole property of the Government and may be used on any other design or

construction without additional compensation to the Contractor. The Government shall be

considered the “person for whom the work was prepared” for the purpose of authorship in any

copyrightable work under Section201(b) of Title17, United States Code. With respect thereto, the

Contractor agrees not to assert or authorize others to assert any rights nor establish any claim

under the design patent or copyright laws. The Contractor for a period of three years after

completion of the project agrees to furnish all retained works on the request of the Contracting

Officer. Unless otherwise provided in this contract, the Contractor shall have the right to retain

copies of works beyond such period.

(End of clause)

552.228 [Reserved]

552.228-5 Government as Additional Insured.

As prescribed in 528.310 , insert the following clause:

Government as Additional Insured (Jan2016)

(a) This clause supplements the requirements set forth in FAR clause 52.228-5, Insurance–Work on a

Government Installation.

(b) Each insurance policy required under this contract, other than workers’ compensation insurance,

shall contain an endorsement naming the United States as an additional insured with respect to
operations performed under this contract. The insurance carrier is required to waive all subrogation

rights against any of the named insured.

(End of clause)

552.229 [Reserved]

552.229-70 Federal, State, and Local Taxes.

As prescribed in 529.470 (a), insert the following clause:

Federal, State, and Local Taxes (Apr 1984)

The contract price includes all applicable Federal, State, and local taxes. No adjustment will be

made to cover taxes which may subsequently be imposed on this transaction or changes in the rates

of currently applicable taxes. However, the Government will, upon the request of the Contractor,

furnish evidence appropriate to establish exemption from any tax from which the Government is

exempt and which was not included in the contract price.

(End of clause)

552.229-71 Federal Excise Tax—DC Government.

As prescribed in 529.470 (b), insert the following clause:

Federal Excise Tax—DC Government (Sep 1999)

If the District of Columbia cites an Internal Revenue Tax Exempt Certificate Number on orders

placed under this contract, the Contractor shall bill shipments to the District of Columbia at prices

exclusive of Federal excise tax and show the amount of such tax on the invoice.

(End of clause)

552.232 [Reserved]

552.232-1 Payments.

As prescribed in 532.111 (a), insert the following clause:

Payments (Nov 2009) (Deviation FAR 52.232-1)

(a)The Government shall pay the Contractor, without submission of invoices or vouchers, 30 days

after the service period, the prices stipulated in this contract for supplies delivered and accepted or

services rendered and accepted, less any deductions provided in this contract.

(b)Unless otherwise specified in this contract, the Government will make payment on partial

deliveries accepted by the Government if either:
(1)The amount due on the deliveries warrants it.

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

the total contract price.

(c)When processing payment, GSA’s Finance Office will automatically generate the 12 digit invoice

number using the PDN assigned to the contract, followed by an abbreviated month and year of

service (e.g., 84261554JUN7, for June 2007). The PDN appears on the contract award document.

(End of clause)

552.232-5 Payments under Fixed-Price Construction

As prescribed in 532.111 (b), insert the following clause:

Payments under Fixed-Price Construction (Mar 2019)

FAR 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented as follows:

(a)Before submitting a request for payment, the Contractor shall, unless directed otherwise by the

Contracting Officer, attend pre-invoice payment meetings, as scheduled, with the designated

Government representative for the purpose of facilitating review and approval of payment requests.

Payment meetings will be conducted and may be in person. The Contractor shall provide

documentation to support the prospective payment request.

(b)The Contractor shall submit its invoices to the Contracting Officer, unless directed otherwise by

the Contracting Officer. Separate payment requests shall be submitted for progress payments,

payments of retainage, and partial or final payments.

(c)The Contractor shall use GSA Form 2419 Certification of Progress Payments Under Fixed-Price

Construction Contracts to provide the certification required under FAR 52.232-5(c).

(d)The Contractor shall use GSA Form 1142 Release of Claims to provide the certification required

under FAR 52.232-5(h).

(e)If an invoice does not meet the requirements of FAR 52.232-27 and GSAM 552.232-27, the

Contracting Officer may return the invoice to the Contractor without payment for correction. If the

Contracting Officer disputes the requested payment amount, the Government may pay the portion of

the requested payment that is undisputed.

(f)GSA will not be obligated to issue final payment unless the Contractor has furnished to the

Contracting Officer a release of claims against the Government relating to the contract, and

submitted all required product warranties, as-built drawings, operating manuals, and other items as

specified in the contract. The Contractor may reserve from the release specific claims only if such

claims are explicitly identified with stated claim amounts.

(End of clause)

552.232-23 Assignment of Claims.
As prescribed in 532.806 , insert the following clause:

Assignment of Claims (Sep1999)

Because this is a requirements or indefinite quantity contract under which more than one agency

may place orders, paragraph(a) of the Assignment of Claims clause (FAR52.232-23) is inapplicable

and the following is substituted therefor:

In order to prevent confusion and delay in making payment, the Contractor shall not assign any

claim(s) for amounts due or to become due under this contract. However, the Contractor is

permitted to assign separately to a bank, trust company, or other financial institution, including any

Federal lending agency, under the provisions of the Assignment of Claims Act, as amended, 31

U.S.C. 3727, 41 U.S.C. 15 (hereinafter referred to as “the Act”), all amounts due or to become due

under any order amounting to $1,000 or more issued by any Government agency under this contract.

Any such assignment takes effect only if and when the assignee files written notice of the

assignment together with a true copy of the instrument of assignment with the contracting officer

issuing the order and the finance office designated in the order to make payment. Unless otherwise

stated in the order, payments to an assignee of any amounts due or to become due under any order

assigned may, to the extent specified in the Act, be subject to reduction or set-off.

(End of clause)

552.232-25 Prompt Payment.

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

Prompt Payment (JAN 2022) (Deviation FAR 52.232-25)

Notwithstanding any other payment clause in this contract, the Government will make invoice

payments and contract financing payments under the terms and conditions specified in this clause.

Payment shall be considered as being made on the day a check is dated or the date of an electronic

funds transfer. Definitions of pertinent terms are set forth in section 32.902 of the Federal

Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise

specified. (However, see paragraph 552.232-25 Prompt Payment. of this clause concerning payments

due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments.

(1)The due date for making invoice payments by the designated payment office is:

(i)For orders placed electronically by the General Services Administration (GSA) Federal Acquisition

Service (FAS), and to be paid by GSA through electronic funds transfer (EFT), the later of the

following two events:

(A)The 10th day after the designated billing office receives a proper invoice from the Contractor. If

the designated billing office fails to annotate the invoice with the date of receipt at the time of

receipt, the invoice payment due date shall be the 10th day after the date of the Contractor's

invoice; provided the Contractor submitted a proper invoice and no disagreement exists over

quantity, quality, or Contractor compliance with contract requirements.
(B)The 10th day after Government acceptance of supplies delivered or services performed by the

Contractor.

(ii)For all other orders, the later of the following two events:

(A)The 30th day after the designated billing office receives a proper invoice from the Contractor. If

the designated billing office fails to annotate the invoice with the date of receipt at the time of

receipt, the invoice payment due date shall be the 30th day after the date of the Contractor's

invoice; provided the Contractor submitted a proper invoice and no disagreement exists over

quantity, quality, or Contractor compliance with contract requirements.

(B)The 30th day after Government acceptance of supplies delivered or services performed by the

Contractor.

(iii)On a final invoice, if the payment amount is subject to contract settlement actions, acceptance

occurs on the effective date of the contract settlement.

(2)The General Services Administration will issue payment on the due date in paragraph (a)(1)(i) of

this clause if the Contractor complies with full cycle electronic commerce. Full cycle electronic

commerce includes all the following elements:

(i)The Contractor must receive and fulfill electronic data interchange (EDI) purchase orders

(transaction set 850).

(ii)The Contractor must generate and submit to the Government valid EDI invoices (transaction set

810) or submit invoices through the GSA Finance Center Internet-based invoice process. Internetbased invoices must be submitted using procedures provided by GSA.

(iii)The Contractor’s financial institution must receive and process, on behalf of the Contractor, EFT

payments through the Automated Clearing House (ACH) system.

(iv)The EDI transaction sets in paragraphs (a)(2)(i) through (a)(2)(iii) of this clause must adhere to

implementation conventions provided by GSA.

(3)If any of the conditions in paragraph (a)(2) of this clause do not occur, the 10 day payment due

dates in (a)(1) become 30 day payment due dates.

(4) Certain food products and other payments.

(i)Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural

commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or

oils are—

(A)For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of

1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen

poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product,

as close as possible to, but not later than, the 7thday after product delivery.

(B)For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act

of1986 (16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7thday after product

delivery.
(C)For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural

Commodities Act of 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day

after product delivery, unless another date is specified in the contract.

(D)For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of1983

(7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as

possible to, but not later than, the 10th day after the date on which a proper invoice has been

received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream,

mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the

Act limits this classification to refrigerated products. When questions arise regarding the proper

classification of a specific product, prevailing industry practices will be followed in specifying a

contract payment due date. The burden of proof that a classification of a specific product is, in fact,

prevailing industry practice is upon the Contractor making the representation.

(ii)If the contract does not require submission of an invoice for payment (e.g.,periodic lease

payments), the due date will be as specified in the contract.

(5) Contractor’s invoice. The Contractor shall prepare and submit invoices to the designated billing

office specified in the contract. Notwithstanding paragraph (g) of the clause at FAR 52.212-4,

Contract Terms and Conditions—Commercial Products and Commercial Services, if the Contractor

submits hard-copy invoices, submit only an original invoice. No copies of the invoice are required. A

proper invoice must include the items listed in paragraphs (a)(5)(i) through (a)(5)(viii) of this clause.

If the invoice does not comply with these requirements, it shall be returned within 7 days after the

date the designated billing office received the invoice (3 days for meat, meat food products, or fish;

5days for perishable agricultural commodities, edible fats or oils, and food products prepared from

edible fats or oils), with a statement of the reasons why it is not a proper invoice. Untimely

notification will be taken into account in computing any interest penalty owed the Contractor in the

manner described in paragraph (a)(5) of this clause.

(i)Name and address of the Contractor.

(ii)Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the

mailing or transmission.)

(iii)Contract number or other authorization for supplies delivered or services performed (including

order number and contract line item number).

(iv)Description, quantity, unit of measure, unit price, and extended price of supplies delivered or

services performed.

(v)Shipping and payment terms (e.g.,shipment number and date of shipment, prompt payment

discount terms). Bill of lading number and weight of shipment will be shown for shipments on

Government bills of lading.

(vi)Name and address of Contractor official to whom payment is to be sent (must be the same as that

in the contract or in a proper notice of assignment).

(vii)Name (where practicable), title, phone number, and mailing address of person to be notified in

the event of a defective invoice.

(viii)Any other information or documentation required by the contract (such as evidence of

shipment).
(ix)While not required, the Contractor is strongly encouraged to assign an identification number to

each invoice.

(6) Interest penalty. An interest penalty shall be paid automatically by the designated payment

office, without request from the Contractor, if payment is not made by the due date and the

conditions listed in paragraphs (a)(6)(i) through (a)(6)(iii) of this clause are met, if applicable.

However, when the due date falls on a Saturday, Sunday, or legal holiday when Federal Government

offices are closed and Government business is not expected to be conducted, payment may be made

on the following business day without incurring a late payment interest penalty.

(i)A proper invoice was received by the designated billing office.

(ii)A receiving report or other Government documentation authorizing payment was processed, and

there was no disagreement over quantity, quality, or Contractor compliance with any contract term

or condition.

(iii)In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or

services performed, the amount was not subject to further contract settlement actions between the

Government and the Contractor.

(7) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary

of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in

effect on the day after the due date, except where the interest penalty is prescribed by other

governmental authority (e.g.,tariffs). This rate is referred to as the “Renegotiation Board Interest

Rate,” and it is published in the Federal Register semiannually on or about January 1 and July 1. The

interest penalty shall accrue daily on the invoice principal payment amount approved by the

Government until the payment date of such approved principal amount; and will be compounded in

30-day increments inclusive from the first day after the due date through the payment date. That is,

interest accrued at the end of any 30-day period will be added to the approved invoice principal

payment amount and will be subject to interest penalties if not paid in the succeeding 30-day period.

If the designated billing office failed to notify the Contractor of a defective invoice within the periods

prescribed in paragraph 552.232-25 Prompt Payment. of this clause, the due date on the corrected

invoice will be adjusted by subtracting from such date the number of days taken beyond the

prescribed notification of defects period. Any interest penalty owed the Contractor will be based on

this adjusted due date. Adjustments will be made by the designated payment office for errors in

calculating interest penalties.

(i)For the sole purpose of computing an interest penalty that might be due the Contractor,

Government acceptance shall be deemed to have occurred constructively on the 7th day (unless

otherwise specified in this contract) after the Contractor delivered the supplies or performed the

services in accordance with the terms and conditions of the contract, unless there is a disagreement

over quantity, quality, or Contractor compliance with a contract provision. In the event that actual

acceptance occurs within the constructive acceptance period, the determination of an interest

penalty shall be based on the actual date of acceptance. The constructive acceptance requirement

does not, however, compel Government officials to accept supplies or services, perform contract

administration functions, or make payment prior to fulfilling their responsibilities.

(ii)The following periods of time will not be included in the determination of an interest penalty:

(A)The period taken to notify the Contractor of defects in invoices submitted to the Government, but

this may not exceed 7 days (3 days for meat, meat food products, or fish; 5days for perishable

agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible
fats or oils).

(B)The period between the defects notice and resubmission of the corrected invoice by the

Contractor.

(C)For incorrect electronic funds transfer (EFT) information, in accordance with the EFT clause of

this contract.

(iii)Interest penalties will not continue to accrue after the filing of a claim for such penalties under

the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than $1 need not

be paid.

(iv)Interest penalties are not required on payment delays due to disagreement between the

Government and the Contractor over the payment amount or other issues involving contract

compliance or on amounts temporarily withheld or retained in accordance with the terms of the

contract. Claims involving disputes, and any interest that may be payable, will be resolved in

accordance with the clause at 52.233-1, Disputes.

(8)Prompt payment discounts. An interest penalty also shall be paid automatically by the designated

payment office, without request from the Contractor, if a discount for prompt payment is taken

improperly. The interest penalty will be calculated as described in paragraph 552.232-25 Prompt

Payment. of this clause on the amount of discount taken for the period beginning with the first day

after the end of the discount period through the date when the Contractor is paid.

(9) Additional interest penalty.

(i)If this contract was awarded on or after October 1,1989, a penalty amount, calculated in

accordance with paragraph (a)(9)(iii) of this clause, shall be paid in addition to the interest penalty

amount if the Contractor—

(A)Is owed an interest penalty of $1 or more;

(B)Is not paid the interest penalty within 10days after the date the invoice amount is paid; and

(C)Makes a written demand to the designated payment office for additional penalty payment, in

accordance with paragraph (a)(9)(ii) of this clause, postmarked not later than 40days after the

invoice amount is paid.

(A)Contractors shall support written demands for additional penalty payments with the following

data. No additional data shall be required. Contractors shall—

(1)Specifically assert that late payment interest is due under a specific invoice, and request payment

of all overdue late payment interest penalty and such additional penalty as may be required;

(2)Attach a copy of the invoice on which the unpaid late payment interest was due; and

(3)State that payment of the principal has been received, including the date of receipt.

(B)Demands must be postmarked on or before the 40th day after payment was made, except that—

(1)If the postmark is illegible or nonexistent, the demand must have been received and annotated

with the date of receipt by the designated payment office on or before the 40th day after payment

was made; or
(2)If the postmark is illegible or nonexistent and the designated payment office fails to make the

required annotation, the demand’s validity will be determined by the date the Contractor has placed

on the demand; provided such date is no later than the 40th day after payment was made.

(A)The additional penalty shall be equal to 100 percent of any original late payment interest penalty,

except—

(1)The additional penalty shall not exceed $5,000;

(2)The additional penalty shall never be less than $25; and

(3)No additional penalty is owed if the amount of the underlying interest penalty is less than $1.

(B)If the interest penalty ceases to accrue in accordance with the limits stated in paragraph

(a)(5)(iii) of this clause, the amount of the additional penalty shall be calculated on the amount of

interest penalty that would have accrued in the absence of these limits, subject to the overall limits

on the additional penalty specified in subdivision (a)(7)(iii)(A) of this clause.

(C)For determining the maximum and minimum additional penalties, the test shall be the interest

penalty due on each separate payment made for each separate contract. The maximum and

minimum additional penalty shall not be based upon individual invoices unless the invoices are paid

separately. Where payments are consolidated for disbursing purposes, the maximum and minimum

additional penalty determination shall be made separately for each contract therein.

(D)The additional penalty does not apply to payments regulated by other Government regulations

(e.g.,payments under utility contracts subject to tariffs and regulation).

(b) Contract financing payments.

(1)Due dates for recurring financing payments. If this contract provides for contract financing,

requests for payment shall be submitted to the designated billing office as specified in this contract

or as directed by the Contracting Officer. Contract financing payments shall be made on the Enter

value:[insert day as prescribed by Agency head; if not prescribed, insert 30thday] day after receipt

of a proper contract financing request by the designated billing office. In the event that an audit or

other review of a specific financing request is required to ensure compliance with the terms and

conditions of the contract, the designated payment office is not compelled to make payment by the

due date specified.

(2)Due dates for other contract financing. For advance payments, loans, or other arrangements that

do not involve recurring submissions of contract financing requests, payment shall be made in

accordance with the corresponding contract terms or as directed by the Contracting Officer.

(3)Interest penalty not applicable. Contract financing payments shall not be assessed an interest

penalty for payment delays.

(c)Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment

Procedure, payments will be made within 15 days after the date of receipt of the invoice.

(End of clause)
552.232-39 Unenforceability of Unauthorized Obligations.

As prescribed in 532.706-3 , insert the following clause:

Unenforceability of Unauthorized Obligations (FEB 2018)(Deviation FAR 52.232-39)

(a)Except as stated in paragraph (b) of this clause, when any supply or service acquired under this

contract is subject to any commercial supplier agreement (as defined in 502.101) that includes any

language, provision, or clause requiring the Government to pay any future fees, penalties, interest,

legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any

other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the

following shall govern:

(1)Any such language, provision, or clause is unenforceable against the Government.

(2)Neither the Government nor any Government authorized end user shall be deemed to have

agreed to such language, provision, or clause by virtue of it appearing in the commercial supplier

agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other

comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind

the Government or any Government authorized end user to such clause.

(3)Any such language, provision, or clause is deemed to be stricken from the commercial supplier

agreement.

(b)Paragraph (a) of this clause does not apply to indemnification or any other payment by the

Government that is expressly authorized by statute and specifically authorized under applicable

agency regulations and procedures.

(End of clause)

552.232-70 [Reserved]

552.232-71 [Reserved]

552.232-72 Final Payment Under Building Services Contracts.

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

Final Payment Under Building Services Contracts (Mar 2012)

Before final payment is made, the Contractor shall complete and furnish the Contracting Officer with

GSA Form 1142, Release of Claims, releasing all claims against the Government relating to this

contract, other than claims in stated amounts that are specifically excepted by the Contractor from

the release. If the Contractor’s claim to amounts payable under the contract has been assigned

under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 3727, 41 U.S.C. 15), a release

may also be required of the assignee.

(End of clause)
552.232-73 [Reserved]

552.232-74 [Reserved]

552.232-75 [Reserved]

552.232-76 [Reserved]

552.232-77 [Reserved]

552.232-78 Commercial Supplier Agreements–Unenforceable Clauses.

As prescribed in 532.706-3 (b), insert the following clause:

Commercial Supplier Agreements–Unenforceable Clauses (Feb 2018)

When any supply or service acquired under this contract is subject to a commercial supplier

agreement (as defined in 502.101), the following language shall be deemed incorporated into the

commercial supplier agreement. As used herein, “this agreement” means the commercial supplier

agreement:

(a)Notwithstanding any other provision of this agreement, when the end user is an agency or

instrumentality of the U.S. Government, the following shall apply:

(1) Applicability. This agreement is part of a contract between the commercial supplier and the U.S.

Government for the acquisition of the supply or service that necessitates a license or other similar

legal instrument (including all contracts, task orders, and delivery orders under FAR Parts 13, 14 or

15).

(2) End user. This agreement shall bind the ordering activity as end user but shall not operate to

bind a Government employee or person acting on behalf of the Government in his or her personal

capacity.

(3) Law and disputes. This agreement is governed by Federal law.

(i)Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory,

district, or municipality, or foreign nation, except where Federal law expressly provides for the

application of such laws, is hereby deleted.

(ii)Any language requiring dispute resolution in a specific forum or venue that is different from that

prescribed by applicable Federal law is hereby deleted.

(iii)Any language prescribing a different time period for bringing an action than that prescribed by

applicable Federal law in relation to a dispute is hereby deleted.

(4) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or

suspend any rights granted to the Government except as allowed by this contract. If the supplier or

licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights
under the Contract Disputes Act or other applicable Federal statute while continuing performance

as set forth in FAR 52.233-1, Disputes.

(5) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or

relating to this agreement, a binding arbitration shall not be used unless specifically authorized by

agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or

interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g.,

Prompt Payment Act or Equal Access to Justice Act).

(6)Updating terms.

(i)After award, the contractor may unilaterally revise commercial supplier agreement terms

provided: if they are not material. A material change is defined as:

(A)Terms that significantly change Government rights or obligations;

(B)Terms that increase Government prices;

(C)Terms that decrease overall level of service; or

(D)Terms that limit any other Government right addressed elsewhere in this contract.

(ii)For revisions that will materially change the terms of the contract, the revised commercial

supplier agreement must be incorporated into the contract using a bilateral modification.

(iii)Any license agreement terms or conditions unilaterally revised subsequent to award that are

inconsistent with any material term or provision of this contract shall not be enforceable against the

Government, and the Government shall not be deemed to have consented to them.

(7) No automatic renewals. If any license or service tied to periodic payment is provided under this

agreement (e.g., annual software maintenance or annual lease term), such license or service shall

not renew automatically upon expiration of its current term without prior express consent by an

authorized Government representative.

(8) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to

defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice

has the sole right to represent the United States in any such action, in accordance with 28 U.S.C.

516.

(9) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the

end user's compliance with this agreement is hereby amended as follows:

(i)Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to

the ordering activity. Any resulting invoice must comply with the proper invoicing requirements

specified in the underlying Government contract or order.

(ii)This charge, if disputed by the ordering activity, will be resolved through the Disputes clause at

FAR 52.233-1; no payment obligation shall arise on the part of the ordering activity until the

conclusion of the dispute process.

(iii)Any audit requested by the contractor will be performed at the contractor's expense, without

reimbursement by the Government.
(10) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks

to pass along to the Government as end user will be governed by the terms of the underlying

Government contract or order and, in any event, must be submitted to the Contracting Officer for a

determination of applicability prior to invoicing unless specifically agreed to otherwise in the

Government contract.

(11) Non-assignment. This agreement may not be assigned, nor may any rights or obligations

thereunder be delegated, without the Government's prior approval, except as expressly permitted

under the clause at FAR 52.232-23, Assignment of Claims.

(12) Confidential information. If this agreement includes a confidentiality clause, such clause is

hereby amended to state that neither the agreement nor the Federal Supply Schedule contract price

list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit

pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything

in this agreement to the contrary, the Government may retain any confidential information as

required by law, regulation or its internal document retention procedures for legal, regulatory or

compliance purposes; provided, however, that all such retained confidential information will

continue to be subject to the confidentiality obligations of this agreement.

(b)If any language, provision or clause of this agreement conflicts or is inconsistent with the

preceding paragraph (a), the language, provisions, or clause of paragraph (a) shall prevail to the

extent of such inconsistency.

552.236 [Reserved]

552.236-6 Superintendence by the Contractor.

As prescribed in 536.506 , insert the following clause:

Superintendence by the Contractor (Mar 2019)

The requirements of the clause entitled “Superintendence by the Contractor” at FAR 52.236-6, are

supplemented as follows:

(a) The Contractor shall employ sufficient management and contract administration resources,

including personnel responsible for project management, field superintendence, change order

administration, estimating, coordination, inspection, and quality control, to ensure the proper

execution and timely completion of the contract. The Contractor shall designate a principal of the

firm or other senior management official to provide executive oversight and problem resolution

resources to the project for the life of the contract.

(b) The Contractor shall employ, and require its subcontractors to employ, qualified personnel to

perform the contract. The Government reserves the right to exclude, or remove from the site or

building, any personnel for reasons of incompetence, carelessness, or insubordination, who violate

rules and regulations concerning conduct on federal property, or whose continued employment on

the site is otherwise deemed by the Government to be contrary to the public interest.

(c) The Contractor shall be responsible for coordinating all activities of subcontractors, including all

of the following activities:
(1) Preparation of shop drawings produced by different subcontractors where their work interfaces

or may potentially conflict or interfere.

(2) Scheduling of work by subcontractors.

(3) Installation of work by subcontractors.

(4) Use of the project site for staging and logistics.

(d) Repeated failure or excessive delay to meet the superintendence requirements by the Contractor

may be deemed a default for the purposes of the termination for default clause.

(End of clause)

552.236-11 Use and Possession Prior to Completion.

As prescribed in 536.511 , insert the following clause:

Use and Possession Prior to Completion. (Mar 2019)

Exercise by the Government of the right conferred by FAR 52.236-11 shall not relieve the Contractor

of responsibility for completing any unfinished components of the work.

(End of clause)

552.236-15 Schedules for Construction Contracts.

As prescribed in 536.515 , insert the following clause:

Schedules for Construction Contracts (Mar 2019)

The requirements, of the clause entitled “Schedules for Construction Contracts” at FAR 52.236-15,

are supplemented as follows:

(a) Purpose. The project schedule shall be a rational, reasonable, and realistic plan for completing

the work, and conform to the requirements specified in this clause and elsewhere in the contract.

The Contractor understands and acknowledges that the preparation and proper management of the

project schedule is a material component of the contract.

(b) Use of the schedule. The Contracting Officer shall be entitled, but not required, to rely upon the

project schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time,

and determine the criticality or float of any activities described in such project schedule.

(c) Submission. Prior to notice to proceed, or such other time as may be specified in the contract, the

Contractor shall submit the project schedule.

(d) Milestones. The project schedule shall incorporate milestone events specified in the contract,

including, as applicable, notice to proceed, substantial completion, and milestones related to

specified work phases and site restrictions. The project schedule shall also include Contractordefined milestones to identify target dates for critical events, based upon the Contractor's chosen
sequence of work.

(e) Activities. The project schedule shall depict all major activities necessary to complete the work.

(f) Schedule of values.

(1) The Contractor shall prepare and submit for approval a cost breakdown of the Contract price, to

be referred to as the “schedule of values”, assigning values to each major activity necessary to

complete the work.

(2) Values must include all direct and indirect costs, although a separate value for bond costs may be

established.

(3) The schedule of values must contain sufficient detail to enable the Contracting Officer to

evaluate applications for payment.

(g) Conflicting terms.

(1) If at any time the Contracting Officer finds that the project schedule does not comply with any

contract requirement, the Contracting Officer will provide written notice to the Contractor.

(2) Within 30 calendar days of written notice, or such other time as may be specified, from the

Contracting Officer, the Contractor shall take one of the following actions:

(i) Revise the project schedule.

(ii) Adjust activity progress.

(iii) Provide sufficient information demonstrating compliance.

(3) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the project

schedule, the Contracting Officer may-

(i) Withhold retainage until the project is substantially complete or until such time as the Contractor

has complied with project schedule requirements; or

(ii) Terminate the contract for default.

(h) Revisions to the schedule. If the Contractor revises the project schedule after initial approved

submission, the Contractor shall provide in writing a narrative describing the substance of the

revision, the rationale for the revision, and the impact of the revision on the projected substantial

completion date and the available float for all activities. The addition of detail to prospective

activities shall not be deemed a revision if the overall duration of the detailed activity does not

change.

(i) Updates. Unless a different period for updates is specified elsewhere, the Contractor shall update

the project schedule weekly to reflect actual progress in completing the work, and submit the

updated project schedule by the following Monday.

(End of clause)
Alternate I (Mar 2019). As prescribed in 536.515 (a), substitute the following paragraphs (c), (e), (h),

and (i) for paragraphs (c), (e), (h), and (i) of the basic clause:

(c) Submission. Within 30 calendar days of notice to proceed, or such other time as may be specified

in the contract, the Contractor shall submit the project schedule, together with a written narrative

describing the major work activities, activities on the critical path, and major constraints underlying

the sequence and logic of the project schedule.

(e) Activities. (1) The Contractor shall use a critical path method project schedule to plan,

coordinate, and perform the work.

(2) The project schedule shall depict all activities necessary to complete the work, including, as

applicable, all submittal and submittal review activities, all procurement activities, and all field

activities, including mobilization, construction, start-up, testing, balancing, commissioning, and

punchlist.

(3) Activities shall be sufficiently detailed and limited in duration to enable proper planning and

coordination of the work, effective evaluation of the reasonableness and realism of the project

schedule, accurate monitoring of progress, and reliable analysis of schedule impacts.

(4) Activity durations shall be based upon reasonable and realistic allocation of the resources

required to complete each activity, given physical and logistical constraints on the performance of

the work. All logic shall validly reflect physical or logistical constraints on relationships between

activities. Except for the first and last activities in the project schedule, each activity shall have at

least one predecessor and one successor relationship to form a logically connected network plan

from notice to proceed to the contract completion date.

(h) Revisions to the schedule. (1) The Contractor should anticipate that the initial submittal of the

project schedule will be subject to review and may require revision. The Contractor shall devote

sufficient resources for meetings, revisions, and resubmissions of the project schedule to address

any exceptions taken to the initial submittal. The Contractor understands and acknowledges that the

purpose of the initial review and resolution of exceptions is to maximize the usefulness of the project

schedule for contract performance.

(2) If the Contractor revises the project schedule after initial approved submission, the Contractor

shall provide in writing a narrative describing the substance of the revision, the rationale for the

revision, and the impact of the revision on the projected substantial completion date and the

available float for all activities. The addition of detail to prospective activities shall not be deemed a

revision if the overall duration of the detailed activity does not change.

(i) Updates. Unless a different period for updates is specified elsewhere, the Contractor shall update

the project schedule monthly to reflect actual progress in completing the work, and submit the

updated project schedule within 5 working days of the end of each month.

Alternate II (Mar 2019). As prescribed in 536.515 (b), substitute the following paragraphs (c), (e),

and (i) for paragraphs (c), (e), and (i) of the basic clause:

(c) Submission. (1) Within 30 calendar days of notice to proceed, or such other time as may be

specified in the contract, the Contractor shall submit the project schedule, together with a written

narrative describing the major design and construction activities. The project schedule may indicate

construction activities in summary form prior to completion of final design documents

(2) Within 30 calendar days of completion of final design documents, the Contractor shall submit a
revised project schedule depicting all activities necessary to complete construction work activities,

together with a written narrative describing the major work activities, activities on the critical path,

and major constraints underlying the sequence and logic of the project schedule.

(e) Activities. (1) The Contractor shall use a critical path method project schedule to plan,

coordinate, and perform the work.

(2) Activities shall be sufficiently detailed and limited in duration to enable proper planning and

coordination of the work, effective evaluation of the reasonableness and realism of the project

schedule, accurate monitoring of progress, and reliable analysis of schedule impacts.

(3) Activity durations shall be based upon reasonable and realistic allocation of the resources

required to complete each activity, given physical and logistical constraints on the performance of

the work. All logic shall validly reflect physical or logistical constraints on relationships between

activities. Except for the first and last activities in the project schedule, each activity shall have at

least one predecessor and one successor relationship to form a logically connected network plan

from notice to proceed to the contract completion date.

(i) Updates. Unless a different period for updates is specified elsewhere, the Contractor shall update

the project schedule monthly to reflect actual progress in completing the work, and submit the

updated project schedule within 5 working days of the end of each month.

Alternate III (Jan 2020). As prescribed in 536.515 (c), substitute the following paragraphs (c), (e),

(h), and (i) for paragraphs (c), (e), (h), and (i) of the basic clause:

(c) Submission. (1) Within 30 calendar days of contract award, or such other time as may be

specified in the contract, the Contractor shall submit the design phase project schedule.

(2) Within 30 calendar days after establishing the final estimated cost of work, the Contractor shall

submit the construction phase project schedule, together with a written narrative describing the

major work activities, activities on the critical path, and major constraints underlying the sequence

and logic of the project schedule.

(e) Activities. (1) The design phase project schedule shall depict all activities necessary to complete

the design work, including, as applicable, all submittal and submittal review activities, cost

reconciliation, and establishing the estimated cost of work for the construction phase.

(2) The Contractor shall use a critical path method project schedule to plan, coordinate, and perform

the construction phase work.

(3) The construction phase project schedule shall depict all activities necessary to complete the

construction work, including, as applicable, all submittal and submittal review activities, all

procurement activities, and all field activities, including mobilization, construction, start-up, testing,

balancing, commissioning, and punchlist.

(4) Activities shall be sufficiently detailed and limited in duration to enable proper planning and

coordination of the work, effective evaluation of the reasonableness and realism of the project

schedule, accurate monitoring of progress, and reliable analysis of schedule impacts.

(5) Activity durations shall be based upon reasonable and realistic allocation of the resources

required to complete each activity, given physical and logistical constraints on the performance of

the work. All logic shall validly reflect physical or logistical constraints on relationships between

activities. Except for the first and last activities in the project schedule, each activity shall have at
least one predecessor and one successor relationship to form a logically connected network plan

from notice to proceed to the contract completion date.

(h) Revisions to the schedule. (1) The Contractor should anticipate that the project schedule will be

subject to review and may require revision. The Contractor shall devote sufficient resources for

meetings, revisions, and resubmissions of the project schedule to address any exceptions taken. The

Contractor understands and acknowledges that the purpose of the review and resolution of

exceptions is to maximize the usefulness of the project schedule for contract performance.

(2) If the Contractor proposes a revision to the project schedule after initial approved submission,

the Contractor shall provide in writing a narrative describing the substance of the revision, the

rationale for the revision, and the impact of the revision on the projected substantial completion date

and the available float for all activities.

(i) Updates. Unless a different period for updates is specified elsewhere, the Contractor shall update

the project schedule monthly to reflect actual progress in completing the work, and submit the

updated project schedule within 5 working days of the end of each month.

552.236-21 Specifications and Drawings for Construction.

As prescribed in 536.521 , insert the following clause:

Specifications and Drawings for Construction (Mar 2019)

The requirements of the clause entitled “Specifications and Drawings for Construction” at FAR

52.236-21, are supplemented as follows

(a) In case of difference between small and large-scale drawings, the large-scale drawings shall

govern.

(b) Schedules on any contract drawing shall take precedence over conflicting information on that or

any other contract drawing.

(c) On any of the drawings where a portion of the work is detailed or drawn out and the remainder is

shown in outline, the parts detailed or drawn out shall apply also to all other like portions of the

work.

(d) Where the word “similar” occurs on the drawings, it shall have a general meaning and not be

interpreted as being identical, and all details shall be worked out in relation to their location and

their connection with other parts of the work.

(e) Standard details or specification drawings are applicable when listed, bound with the

specifications, noted on the drawings, or referenced elsewhere in the specifications.

(1) Where notes on the specification drawings indicate alterations, such alterations shall govern.

(2) In case of difference between standard details or specification drawings and the specifications,

the specifications shall govern.

(3) In case of difference between the standard details or specification drawings and the drawings

prepared specifically for this contract, the drawings prepared specifically for this contract shall

govern.
(f) Different requirements within the contract documents shall be deemed inconsistent only if

compliance with both cannot be achieved.

(g) Unless otherwise noted, the drawings shall be interpreted to provide for a complete construction,

assembly, or installation of the work, without regard to the detail with which material components

are shown in the drawings.

(End of clause)

Alternate I (Dec 2022). As prescribed in 536.521 (a), add the following paragraph to the basic

clause:

(h) For the purposes of this clause, specifications and drawings refer only to those included among

the contract documents, and not to those produced by the Contractor pursuant to its responsibilities

under the contract.

Alternate II (Jan 2020). As prescribed in 536.521 (b), add the following paragraph to the basic

clause:

(h) For the purposes of this clause, specifications and drawings refer only to the construction

documents, meaning the 100 percent complete specifications and construction drawings developed

during the design phase.

552.236-70 Authorities and Limitations.

As prescribed in 536.570 , insert the following clause:

Authorities and Limitations (Mar 2019)

(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) issued by an

authorized representative in accordance with his authority to act for the ion) of anyone not

authorized to issue such order.
(End of clause)

552.236-71 Contractor Responsibilities.

As prescribed in 536.571 , insert the following clause:

Contractor Responsibilities (Mar 2019)

(a)The Contractor shall be responsible for compliance with applicable codes, standards and

regulations pertaining to the health and safety of personnel during performance of the contract.

(b)Unless expressly stated otherwise in the contract, the Contractor shall be responsible for all

means and methods employed in the performance of the contract.

(c)The Contractor shall immediately bring to the Contracting Officer's attention any hazardous

materials or conditions not disclosed in the contract documents discovered by or made known to the

Contractor during the performance of the contract.

(d)The Contractor shall be responsible for providing professional design services in connection with

performance of the work or portions of the work only if this responsibility is expressly stated in the

contract, and the contract documents provide the performance and design criteria that such services

will be required to satisfy. In the performance of such work, the Contractor shall be responsible for

retaining licensed design professionals, who shall sign and seal all drawings, calculations,

specifications and other submittals that the licensed professional prepares. The Contractor shall be

responsible for, and GSA shall be entitled to rely upon, the adequacy and completeness of all

professional design services provided under the contract.

(e)Where installation of separate work components as shown in the contract will result in conflict or

interference between such components or with existing conditions, including allowable tolerances, it

is the Contractor's responsibility to bring such conflict or interference to the attention of the

Contracting Officer and seek direction before fabrication, construction, or installation of any

affected work. If the Contractor fabricates, constructs, or installs any work prior to receiving such

direction, the Contractor shall be responsible for all cost and time incurred to resolve or mitigate

such conflict or interference.

(f)Where drawings show work without specific routing, dimensions, locations, or position relative to

other work or existing conditions, and such information is not specifically defined by reference to

specifications or other information supplied in the contract, the Contractor is responsible for

routing, dimensioning, and locating such work in coordination with other work or existing conditions

in a manner consistent with contract requirements.

(g)It is not the Contractor's responsibility to ensure that the contract documents comply with

applicable laws, statutes, building codes and regulations. If it comes to the attention of the

Contractor that any of the contract documents do not comply with such requirements, the

Contractor shall promptly notify the Contracting Officer in writing. If the Contractor performs any of

the work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall

assume full responsibility for correction of such work, and any fees or penalties that may be

assessed for non-compliance.

(End of clause)
Alternate I (Dec 2022). As prescribed in 536.571 (a), substitute the following paragraphs (d), (e), (f),

and (g) for paragraphs (d), (e), (f), and (g) of the basic clause:

(d) The Contractor shall be responsible for providing professional design services unless this

responsibility is expressly excluded from the contract. In the performance of such work, the

Contractor shall be responsible for retaining licensed design professionals, who shall sign and seal

all drawings, calculations, specifications and other submittals that the licensed professional

prepares. The Contractor shall be responsible for, and GSA shall be entitled to rely upon, the

adequacy and completeness of all professional design services provided under the contract.

(e) The Contractor's responsibilities include the responsibilities of the Architect-Engineer

Contractor, as specified in FAR 52.236-23.

(f) The Contractor shall include in all subcontracts that require professional design services express

terms establishing GSA as a third party beneficiary. No other person shall be deemed a third party

beneficiary of the contract.

(g) The Contractor shall determine whether the information contained in the contract documents

complies with applicable laws, statutes, building codes and regulations. If it comes to the attention

of the Contractor that any of the contract documents do not comply with such requirements, the

Contractor shall promptly notify the Contracting Officer in writing. If the Contractor performs any of

the work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall

assume full responsibility for correction of such work, and any fees or penalties that may be

assessed for non-compliance.

Alternate II (Jan 2020). As prescribed in 536.571 (b), delete paragraphs (d), (e), (f), and (g) of the

basic clause, and insert paragraphs (d), (e), (f), (g), (h), (i), and (j) as follows:

(d) The Contractor shall be responsible for performing the design phase services in accordance with

the statement of work. The Contractor shall submit all deliverables and reports in accordance with

the statement of work.

(e) The Contractor shall be responsible to review all design information (e.g. draft specifications and

drawings) provided. The Contractor shall be responsible for determining that the project as

described in the design information is constructible using commercially practicable means and

methods; that the construction work is described in the design documents with sufficient

completeness to enable pricing of a complete project within the guaranteed maximum price; and

that the manner of presentation and organization of information in the design documents enables

accurate estimation of the cost of the work.

(f) Prior to establishment of the final estimated cost of work, the Contractor shall bring to the

Contracting Officer's attention all instances that it has discovered or has been made aware of where

design errors and omissions affect the Contractor's ability to accurately estimate the cost of the

work.

(g) Where installation of separate work components as shown in the contract will result in conflict or

interference between such components or with existing conditions, including allowable tolerances, it

is the Contractor's responsibility to bring such conflict or interference to the attention of the

Contracting Officer and seek direction before fabrication, construction, or installation of any

affected work. If the Contractor fabricates, constructs, or installs any work prior to receiving such

direction, the Contractor shall be responsible for all cost and time incurred to resolve or mitigate

such conflict or interference.
(h) Where drawings show work without specific routing, dimensions, locations, or position relative to

other work or existing conditions, and such information is not specifically defined by reference to

specifications or other information supplied in the contract, the Contractor is responsible for

routing, dimensioning, and locating such work in coordination with other work or existing conditions

in a manner consistent with contract requirements.

(i) It is not the Contractor's responsibility to ensure that the contract documents comply with

applicable laws, statutes, building codes and regulations. If it comes to the attention of the

Contractor that any of the contract documents do not comply with such requirements, the

Contractor shall promptly notify the Contracting Officer in writing. If the Contractor performs any of

the work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall

assume full responsibility for correction of such work, and any fees or penalties that may be

assessed for non-compliance.

(j) The Contractor is responsible to construct the project in accordance with the drawings and

specifications. The final Estimated Cost of the Construction Work (ECW) may be determined based

upon incomplete design documents. In those instances in which the drawings and specifications are

not complete at the time the final ECW is established, the Contractor shall exercise reasonable care

and judgment to determine the intent of the design and shall calculate the final ECW on the basis of

the quality of construction, materials, and finishes that can be reasonably inferred from the design

documents or other specified sources.

552.236-72 Submittals.

As prescribed in 536.572 , insert the following clause:

Submittals (Mar 2019)

(a) The Contractor shall prepare and submit all submittals as specified in the contract or requested

by the Contracting Officer.

(1) Submittals may include: safety plans, schedules, shop drawings, coordination drawings, samples,

calculations, product information, or mockups.

(2) Shop drawings may include fabrication, erection and setting drawings, manufacturers' scale

drawings, wiring and control diagrams, cuts or entire catalogs, pamphlets, descriptive literature,

and performance and test data.

(b) Unless otherwise provided in this contract, or otherwise directed by the Contracting Officer,

submittals shall be submitted to the Contracting Officer.

(c) The Contractor shall be entitled to receive notice of action on submittals within a reasonable

time, given the volume or complexity of the submittals and the criticality of the affected activities to

substantial completion as may be indicated in the project schedule

(d) Review of submittals will be general and shall not be construed as permitting any departure from

the contract requirements.

(e) The Contractor shall not proceed with construction work or procure products or materials

described or shown in submittals until the submittal is reviewed. Any work or activity undertaken

prior to review shall be at the Contractor's risk. Should the Contracting Officer subsequently
determine that the work or activity does not comply with the contract, the Contractor shall be

responsible for all cost and time required to comply with the Contracting Officer's determination.

The Contracting Officer shall have the right to order the Contractor to cease execution of work for

which submittals have not been reviewed. The Government shall not be liable for any cost or delay

incurred by the Contractor attributable to the proper exercise of this right.

(f) The Contractor shall identify, in writing, all deviations or changes in resubmitted submittals. In

the absence of such written notice, review of a resubmission shall not include or apply to such

deviations or changes.

(End of clause)

Alternate I (Mar 2019). As prescribed in 536.572 add the following paragraph to the basic clause:

(g) The Contractor shall submit design documents for review in accordance with PBS-P100. The

Government shall review submittals for the limited purpose of verifying that the documents conform

to the design criteria expressed in the contract documents.

552.236-73 Subcontracts.

As prescribed in 536.573 , insert the following clause:

Subcontracts (Apr 1984)

(a) Nothing contained in the contract shall be construed as creating any contractual relationship

between any subcontractor and the Government. The divisions or sections of the specifications are

not intended to control the Contractor in dividing the work among subcontractors, or to limit the

work performed by any trade.

(b) The Contractor shall be responsible to the Government for acts and omissions of his own

employees and of subcontractors and their employees. He shall also be responsible for the

coordination of the work of the trades, subcontractors and suppliers.

(c) The Government will not undertake to settle any differences between or among the Contractor,

subcontractors, or suppliers.

(End of clause)

552.236-74 Evaluation of Options.

As prescribed in 536.270-5 (a), insert a provision substantially the same as the following provision:

Evaluation of Options (Mar 2019)

The Government will evaluate offers for award purposes by adding the total price for all options to

the total price for the basic requirement. Evaluation of options will not obligate the Government to

exercise the option(s).

(End of provision)
552.236-75 Evaluation Exclusive of Options.

As prescribed in 536.270-5 (b), insert a provision substantially the same as the following clause:

Evaluation Exclusive of Options (Mar 2019)

The Government will evaluate offers for award purposes by including only the price for the basic

requirement. Options will not be included in the evaluation for award purposes.

(End of provision)

552.236-76 Basis of Award— Sealed Bidding Construction.

As prescribed in 536.270-5 (c), insert a provision substantially the same as the following provision:

Basis of Award - Sealed Bidding Construction (Mar 2019)

A bid may be rejected as nonresponsive if the bid is materially unbalanced as to bid prices. A bid is

unbalanced when the bid is based on prices significantly less than cost for some work and

significantly overstated for other work.

(End of provision)

Alternate I (Mar 2019). As prescribed in 536.270-5 (c), redesignate the basic provision as paragraph

(a) and add the following paragraph (b) to the basic provision:

(b)(1) The low bidder for purposes of award is the responsible bidder offering the lowest aggregate

price for:

(i) The base requirement; plus

(ii) All options designated to be evaluated.

(2) The evaluation of options will not obligate the Government to exercise the options.

552.236-77 Government's Right to Exercise Options.

As prescribed in 536.270-5 (d), insert a clause substantially the same as the following clause:

Government's Right to Exercise Options. (Mar 2019)

(a)The Government may exercise any option in writing in accordance with the terms and conditions

of the contract within Enter value:Enter value:_____ [insert the period of time within which the

Contracting Officer may exercise the option]. Unless otherwise specified, options may be exercised

within 90 calendar days of contract award.

(b)If the Government exercises the option, the contract shall be considered to include this option

clause.
(End of clause)

552.236-79 Construction-Manager-As-Constructor.

As prescribed in 536.7107 (a), insert a clause substantially the same as the following clause:

Construction-Manager-As-Constructor. (JAN 2020)(Deviation FAR 52.216-17)

(a) General. Pricing for the Guaranteed Maximum Price (GMP) for the option for construction

services shall be subject to the requirements below.

(b) Definitions. The following definitions shall apply to this clause:

“Construction-Manager-as-Constructor (CMc) Contingency Allowance (CCA)” means an allowance

for the exclusive use of the construction contractor to cover reimbursable costs during construction

that are not the basis of a change order. These costs could include estimating, scheduling, and

planning errors in the final Estimated Cost of the Work (ECW) or other contractor errors.

“Cost” means allowable costs in accordance with FAR Part 31.

“Cost of Performance” means the final sum of cost of the construction work and fee for the

construction work.

“Early Work Package” means a set of construction activities that can be clearly defined and

separately performed from the remainder of the construction work. Demolition is an example of an

early work package.

“Estimated Cost of the Work (ECW)” means the estimated cost of the construction work, not

including home office overhead.

“Fee for the Construction Work” means the amount established for the contractor's profit and home

office overhead costs, as described in FAR Part 31, for the construction work.

“Guaranteed Maximum Price (GMP)” means the sum of the ECW, CCA, and the fee for the

construction work.

(c) Guaranteed Maximum Price. This contract at award includes a GMP.

(d) Estimated Cost of the Work. The proposed ECW incorporated into the contract at award is a

target ECW. A final ECW is negotiated during the design phase and is incorporated into the contract

prior to exercise of the GMP option.

(e) Final Estimated Cost of the Work.

(1) Submission Requirements for Final ECW Proposal. During the design phase, and at a time agreed

by the Contracting Officer, the Contractor shall submit the following:

(i)A detailed statement of all construction costs, including early work packages in the performance

of the construction work to date;

(ii)A detailed breakdown of home office overhead costs and a statement that the accounting

practices used for the allocation of home office overhead on this contract is in accordance with the
Contractor's established cost accounting practices;

(iii)A proposed final ECW;

(iv)Sufficient data to support the accuracy and reliability of the estimate;

(v)An explanation of the difference between the proposed final ECW and the target ECW used to

establish the GMP; and

(vi)The Contractor's affirmation that:

(A)The Contractor is satisfied that the project as described in the specifications and construction

drawings is constructible using commercially practicable means and methods;

(B)The Contractor is satisfied that the construction work has been sufficiently described to enable it

to estimate the cost of the work with reasonable accuracy;

(C)The Contractor has disclosed to the Contracting Officer all of its actual knowledge relating to

design errors and omissions that may affect the cost of the work; and

(D)The Contractor acknowledges that the final ECW and time established for completion shall not be

adjusted on account of cost or time attributable to known design errors and omissions disclosed by

the Contractor pursuant to paragraph (e)(1)(v)(C) of this clause. Unknown design errors and

omissions that form the basis for a change order may still be settled in accordance with GSAR

552.243-71 Equitable Adjustments.

(2) Establishment of the Final ECW. The parties shall negotiate a final ECW based on the data

provided under paragraph (e)(1) of this clause. The final ECW shall be established and incorporated

into the Contract by bilateral modification. The Contracting Officer will not accept a final ECW

proposal that does not include the written affirmation described in this clause. The Contracting

Officer will not exercise the GMP option for construction work unless the final ECW has been

incorporated into the contract.

(f) CMc Contingency Allowance. The CCA shall be____ percent of the ECW [Contracting Officer

insert percentage amount].

(g) Shared Savings Incentive. The Contractor shall be entitled to ____ percent of the difference

between the final GMP and the final cost of performance [Contracting Officer insert percentage

amount].

(h) Adjustment of ECW and GMP. The ECW and GMP shall be subject to adjustment for changes and

any other conditions giving rise to entitlement to an adjustment under this contract. The ECW and

GMP may be adjusted down for deletions to the scope of the construction services through a

bilateral modification.

(i) Adjustment of CCA. If the sum of the final ECW, CCA, and fee for the construction work is greater

than the GMP as established at contract award or as adjusted in accordance with FAR Part 43, then

the Contractor should work with the Contracting Officer to identify measures to reduce the overall

GMP, including reducing the CCA, reducing the fee, or as a last resort, reducing the scope of the

project. At any time, the parties may agree to a different CCA than the amount expressed at time of

contract award. Prior to the use of the CCA, the Contractor shall coordinate approval following the

procedures identified in the contract. For approved CCA uses, the CCA shall be reduced and the

ECW shall be adjusted accordingly.
(j) Adjustment of the Fee for the Construction Work. The fee for the construction work may be

adjusted for changes that are the basis for a change order, including scope changes, differing site

conditions, and Government-caused delays. The fee for the construction work associated with a

change order shall not be driven by a fixed percentage. The fee for the construction work is not

increased or decreased based on fluctuations in the actual costs of the work. At time of proposal

submission, the fee elements may be expressed as a percentage of the ECW, but shall be converted

to a fixed amount prior to executing the GMP option.

(k) Conversion to Firm-Fixed-Price Prior to Final Settlement.

(1) Submission Requirements for Conversion to Firm-Fixed Price. If the parties agree to negotiate

and establish a firm-fixed-price for construction work prior to the exercise of the GMP option, or at

the request of the Contracting Officer, the Contractor shall submit the following:

(i)A proposed firm-fixed-price proposal for the completion of the construction work, which shall

include all markups, including profit.

(ii)A detailed statement of any costs incurred in the performance of the contract work to date.

(2) Establishment of Firm-Fixed-Price.

(i) Prior to Exercise of GMP Option. The parties may negotiate and establish a firm-fixed-price for

construction work prior to the exercise of the GMP option based on the data provided under

paragraph (k)(1) of this clause; provided that the firm-fixed-price shall not exceed the GMP. The

Contracting Officer shall have the right, but not the obligation, to bilaterally exercise the GMP

option at the firm-fixed-price within 120 calendar days of the establishment of such price.

(ii) After Exercise of the GMP Option. At any time prior to final settlement, the Contracting Officer

may request that the Contractor provide a firm-fixed-price proposal for the completion of

construction work in accordance with paragraph (k)(1) of this clause. Within 60 calendar days of

such request, the Contractor shall provide such data. Within 60 calendar days of receipt of the

Contractor's proposal, the Contracting Officer shall have the right, but not the obligation, to convert

the contract to a firm-fixed-price contract through a bilateral modification at the proposed fixedprice or as otherwise negotiated by the parties; provided that the firm-fixed-price, plus any costs

incurred in the performance of the construction work, shall not exceed the GMP.

(iii)If any portion of the contract is converted to a firm-fixed-price, then that portion of the contract

is no longer subject to open book accounting, a shared savings incentive, or the need for final

settlement. If the contract is not converted to a firm-fixed-price contract, then the final settlement of

the Contractor's compensation shall be determined in accordance with paragraph (l) of this clause.

(3) Payments. If this contract is converted to a firm-fixed-price contract, the Contractor shall submit

a revised schedule of values for the construction work allocating the unpaid balance of the fixed

price to the itemized work activities remaining uncompleted, which shall be the basis for remaining

progress payments.

(l) Final Settlement. The final settlement amount shall consist of the cost of performance and the

Contractor's shared savings incentive, if any, provided that in no event shall the final settlement

exceed the GMP. The final settlement amount shall be the Contractor's total compensation due

under the contract.

(1) Submission Requirements for Final Settlement Proposal. The Contractor shall submit a final

settlement proposal within 120 days of substantial completion to determine the cost of the
construction work, which shall include the following:

(i)A detailed statement of all costs incurred by the Contractor in performing the construction work;

(ii)A firm-fixed-price proposal for the performance of the remaining work, if any, that may be

necessary to complete performance of the construction work;

(iii)An executed release of claims, which shall describe any and all exceptions, including a

description of any outstanding claims; and

(iv)Any other relevant data that the Contracting Officer may reasonably require.

(2) Determination of the Cost of the Work. The cost of the construction work shall be the sum of all

costs incurred by the Contractor in performing the construction work, the proposed fixed price for

performance of remaining work, if any, less the residual value of any Contractor retained inventory.

In order to determine the cost of the construction work, the Contractor shall be subject to an audit

of the Contractor's records and/or the Contractor's proposal. Establishment of the cost of the

construction work shall be subject to negotiation between the Government and the Contractor. In

the event that the parties are unable to reach agreement, the Contracting Officer may unilaterally

determine the cost of the construction work, and such determination shall be subject to FAR Clause

52.233-1 Disputes.

(3) Determination of the Shared Savings Incentive. If the final cost of performance is equal to or

greater than the final GMP, the Contractor is not entitled to any additional compensation. If the final

cost of performance is less than the final GMP, the Contractor is entitled to the percentage specified

in paragraph (g) of this clause, of the difference between the final GMP and the final cost of

performance, as the shared savings incentive.

(m) Subcontracts. No subcontract placed under this contract may provide for cost-plus-a-percentage

of cost. Any costs incurred by the Contractor as a result of such a subcontract shall not be included

in the cost of the construction work or the final settlement.

(n) Open Book Access.

(1)At any time prior to converting to firm-fixed-price, the Government and its representatives,

including designated auditors and accountants, shall have the right, but not the obligation, to attend

any and all project meetings and shall have access to any and all records maintained by the

Contractor relating to the contract. The Contractor shall include this requirement for open book

access by the Government in its subcontracts for the contract.

(2)After converting to firm-fixed-price, the Government maintains the right to examine records under

GSAR Clause 552.215-70.

(o) Termination. If this Contract is terminated, the Contractor shall not be entitled to a shared

savings incentive.

(p)The contractor agrees to incorporate the substance of this clause in all subcontracts under this

contract.

(End of clause)
552.236-80 Accounting Records and Progress Payments.

As prescribed in 536.7107 (b), insert a clause substantially the same as the following clause:

Accounting Records and Progress Payments (Jan 2020)

(a)The Contractor shall keep full and detailed accounts and exercise such controls as may be

necessary for proper financial management under this contract. The Contractor's accounting and

control systems shall meet Generally Accepted Accounting Principles (GAAP) and provide for the

following:

(1)There is proper segregation of direct costs and indirect costs.

(2)There is proper identification and accumulation of direct costs by contract.

(3)There is a labor time distribution system that charges direct and indirect labor appropriately.

(b)The Contractor shall afford access to and shall permit any authorized representatives of the

Government to audit, examine and copy any records, documents, books, correspondence,

instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda, and other

data relating to this contract. Records subject to audit, examination, and copying shall include those

records necessary to evaluate and verify all direct and indirect costs, including overhead and payroll

tax and fringe benefit allocations, as they may apply to costs associated with the contract. The

Contractor shall preserve these records for a period of three years after the final payment, or for

such longer period as may be required by law.

(c)The records identified in paragraphs (b) of this clause shall be subject to inspection and audit by

the Government or its authorized representative for, but not limited to, evaluating and verifying:

(1)Contractor compliance with contract requirements;

(2)Compliance with pricing change orders, invoices, applications for payment, or claims submitted

by the contractor or any of its subcontractors at any tier, including vendors and suppliers.

(d)If requested by the Government, the Contractor shall promptly deliver to the Government or its

designee copies of all records related to the contract, in a form acceptable to the Government. The

Contractor shall provide to the Government or its authorized representative such records

maintained in an electronic format in a computer readable format on data disks or suitable

alternative computer data exchange formats.

(e)The Government shall have access to the Contractor's facilities, shall be allowed to interview all

current and former employees to discuss matters pertinent to the contract, and shall be provided

adequate work space, in order to conduct audits and examinations.

(f)If any audit or examination of the Contractor's records discloses total findings resulting in

overpricing or overcharges by the Contractor to the Government in excess of one-quarter percent of

the total contract billings, the Contractor shall immediately reimburse the Government for the

overcharges. The Contractor shall also reimburse the Government for the costs of the audit unless

otherwise agreed to by the Government and the Contractor.

(g)The Government shall be entitled to audit all modifications, including lump-sum modifications, to

determine whether the proposed costs, as represented by the Contractor and any of its
subcontractors, are in compliance with the contract. If it is determined that the costs proposed

under a modification, including lump-sum modifications, are not in compliance with the contract, the

Government reserves the right to adjust the amount previously approved and included in the

modification.

(h)If the Contractor fails to comply with any conditions in this clause, the Contracting Officer may

retain a maximum of 10 percent of the amount of each payment request submitted until such

deficiencies are corrected.

(i)These requirements regarding accounting records shall not mitigate, lessen nor change any other

requirements in the contract regarding audits, payment submissions, records, or records retention.

(j)The contractor agrees to incorporate the substance of this clause in all subcontracts under this

contract.

(End of clause)

552.237 [Reserved]

552.237-70 [Reserved]

552.237-71 Qualifications of Employees.

As prescribed in 537.110 (a), insert the following clause:

Qualifications of Employees (May 1989)

(a) The contracting officer or a designated representative may require the Contractor to remove any

employee(s) from GSA controlled buildings or other real property should it be determined that the

individual(s) is either unsuitable for security reasons or otherwise unfit to work on GSA controlled

property.

(b) The Contractor shall fill out and cause each of its employees performing work on the contract

work to fill out, for submission to the Government, such forms as may be necessary for security or

other reasons. Upon request of the Contracting Officer, the Contractor and its employees shall be

fingerprinted.

(c) Each employee of the Contractor shall be a citizen of the United States of America, or an alien

who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt

Card Form I-151, or, who presents other evidence from the Immigration and Naturalization Service

that employment will not affect his immigration status.

(End of clause)

552.237-72 Prohibition Regarding “Quasi-Military Armed Forces.”

As prescribed in 537.110 (b), insert the following clause:
Prohibition Regarding “Quasi-Military Armed Forces” (Sep 1999)

The Contractor must not, during the term of this contract, offer for hire “Quasi-Military Armed

Forces” within the meaning of the court decision in United States ex. rel. Weinberger v. Equifax, 557

F.2d 456 (5th Cir., 1977).

(End of clause)

552.237-73 Restriction on Disclosure of Information.

As prescribed in 537.270 , insert the following clause:

Restriction on Disclosure of Information (June 2009)

(a) The Contractor shall, in the performance of this contract, keep all information contained in

source documents or other media furnished by the Government in the strictest confidence. The

Contractor shall not publish or otherwise divulge such information in whole or in part, in any

manner or form, nor authorize or permit others to do so. The Contractor shall take such reasonable

measures as are necessary to restrict access to such information, while in the Contractor’s

possession, to those employees needing such information to perform the work provided herein,

i.e.,on a “need to know” basis. The Contractor shall immediately notify, in writing, the Contracting

Officer in the event that the Contractor determines or has reason to suspect a breach of this

requirement.

(b) The Contractor shall not disclose any information concerning the work under this contract to any

persons or entity unless the Contractor obtains prior written approval from the Contracting Officer.

(c) The Contractor shall insert the substance of this clause in any consultant agreement or

subcontract under this contract.

(d) Any unauthorized disclosure of information may result in termination of this contract for cause.

(End of clause)

552.238 [Reserved]

552.238-70 Cover Page for Worldwide Federal Supply Schedules.

As prescribed in 538.273 (a)(1), insert the following provision:

Cover Page for Worldwide Federal Supply Schedules (May 2019)

For All Geographic Areas

Solicitation No. [The contracting officer should insert the solicitation number here]*______*

Federal Supply Schedule Contract for All Geographic Areas

[For supplies, the Contracting Officer should complete the information required by paragraph (a)

and delete paragraph (b) in its entirety. For services, the Contracting Officer should complete the
information required by paragraph (b) and delete (a) in its entirety. For solicitations containing both

supplies and services, the Contracting Officer should complete paragraphs (a) and (b).]

(a) Federal Supply Classification (FSC) GROUP: *______* PART: *______* SECTION: *______* SUPPLY:

*______* FSC CLASS(ES)/PRODUCT CODE(S)/NAICS: *______*

(b) STANDARD INDUSTRY GROUP: *______* SERVICE: *______* SERVICE CODE(S)/NAICS: *______*

(End of provision)

Alternate I (Dec 2022): As prescribed at 538.273(a)(1), add the following paragraph (c) to the basic

provision:

(c) PERIOD: *______* THROUGH *______*

552.238-71 Notice of Total Small Business Set-Aside.

As prescribed in 538.273 (a)(2), insert the following provision:

Notice of Total Small Business Set-Aside (May 2019)

FAR clause 52.219-6, Notice of Total Small Business Set-Aside applies to the following: [The

contracting officer should insert the special item numbers (SINs) set aside for small businesses]

*______*.

(End of provision)

552.238-72 Information Collection Requirements.

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

Information Collection Requirements (May 2019)

The information collection requirements contained in this solicitation/contract are either required by

regulation or approved by the Office of Management and Budget pursuant to the Paperwork

Reduction Act and assigned OMB Control No. 3090-0163.

(End of provision)

552.238-73 Identification of Electronic Office Equipment Providing Accessibility for

Individuals with Disabilities.

As prescribed in 538.273 (b)(1), insert the following clause:

Identification of Electronic Office Equipment Providing Accessibility for Individuals with Disabilities

(Mar 2022)

(a) Definitions.
Electronic office equipment accessibility means the application/configuration of electronic office

equipment (includes hardware, software and firmware) in a manner that accommodates the

functional limitations of individuals with disabilities (as defined below) so as to promote productivity

and provide access to work related and/or public information resources.

Individuals with disabilities means qualified individuals with impairments as defined in 29 U.S.C.

705(20) who can benefit from electronic office equipment accessibility.

Special peripheral means a special needs aid that provides access to electronic equipment that is

otherwise inaccessible to individuals with disabilities.

(b) The offeror is encouraged to identify in its offer and include in any commercial catalogs and

pricelists accepted by the Contracting Officer, office equipment, including any special peripheral,

that will facilitate electronic office equipment accessibility for individuals with disabilities.

Identification should include the type of disability accommodated and how the users with that

disability would be helped.

(End of clause)

552.238-74 Introduction of New Supplies and Services Special Item Number (SIN).

As prescribed in 538.273 (b)(2), insert the following provision:

Introduction of New Supplies/Services (INSS) (May 2023)

(a) Definition.

“Introduction of New Supplies and Services Special Item Number (SIN)” means a new or improved

supply or service - within the scope of the Federal Supply Schedule (FSS), but not currently

available under any Federal Supply Schedule contract- that provides a new service, function, task, or

attribute that may provide a more economical or efficient means for ordering activities to accomplish

their missions. It may significantly improve an existing supply or service. It may be a supply or

service existing in the commercial market, but not yet introduced to the Federal Government.

(b) Offerors are encouraged to introduce new or improved supplies or services via the “Introduction

of New Supplies and Services SIN” at any time by clearly identifying this SIN item in the offer.

(c) The Contracting Officer has the sole discretion to determine whether a supply or service will be

accepted as an “Introduction of New Supplies and Services SIN” item. The Contracting Officer will

evaluate and process the offer and may perform a technical review. This SIN provides temporary

placement until the Contracting Officer formally categorizes the new supply or service.

(d) If the Contractor has an existing schedule contract, GSA may, at the sole discretion of the

Contracting Officer, modify the existing contract to include the “Introduction of New Supplies and

Services SIN” item in accordance with 552.238-82, Modifications (Federal Supply Schedules).

(End of provision)

552.238-75 Evaluation—Commercial Products and Commercial Services (Federal Supply
Schedule).

As prescribed in 538.273 (c)(1), insert the following provision:

Evaluation—Commercial Products and Commercial Services (Federal Supply Schedule) (JAN 2022)

(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 products or services 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 products or services 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)

552.238-76 Use of Non-Government Employees to Review Offers.

As prescribed in 538.273 (c)(2), insert the following provision:

Use of Non-Government Employees to Review Offers (May 2019)

(a) The Government may employ individual technical consultants/advisors/contractors from the

below listed organizations to review limited portions of the technical, management and price

proposals to assist the government in both pre-award and post-award functions. [The contracting

officer should insert a list of organizations used to review solicitation responses and execute a nondisclosure and organizational conflict of interest statement for all individuals conducting reviews.]

*______*

(b) These representatives will be used to advise on specific technical, management, and price

matters and shall not, under any circumstances, be used as voting evaluators. However, the

Government may consider the advice provided in its evaluation process. In addition, Contractor

personnel may be used in specific contract administration tasks (e.g., administrative filing, review of

deliverables, etc.).

(c) If individual technical consultants/advisors/contractors are utilized as described in (b) above, they

will be required to execute a non-disclosure and organizational conflict of interest statements.

(End of provision)
552.238-77 Submission and Distribution of Authorized Federal Supply Schedule (FSS)

Price Lists.

As prescribed in 538.273 (d)(1), insert the following clause:

Submission and Distribution of Authorized Federal Supply Schedule (FSS) Price Lists (MAR 2020)

(a)The Contractor shall submit its Authorized Federal Supply Schedule Price List on a common-use

electronic medium as prescribed by GSA. Some structured data entry in a prescribed format may be

required.

(b)Eligible ordering activities will utilize GSA’s online shopping and ordering system to review a

Contractors’ price lists.

(End of clause)

552.238-78 Identification of Products that Have Environmental Attributes.

As prescribed in 538.273 (d)(2), insert the following clause:

Identification of Products that Have Environmental Attributes (JAN 2022)

(a) Several laws, Executive orders, and Agency directives require Federal buyers to purchase

products that are less harmful to the environment, when they are life cycle cost-effective (see FAR

Subpart 23.7). The U.S. General Services Administration (GSA) requires contractors to highlight

environmental products under Federal Supply Service schedule contracts in various communications

media (e.g., publications and electronic formats).

(b) Definitions. As used in this clause—

“Energy-efficient product” means a product that–.

(1) Meets Department of Energy and Environmental Protection Agency criteria for use of the

ENERGY STAR® trademark label; or

(2) Is in the upper 25 percent of efficiency for all similar products as designated by the Department

of Energy's Federal Energy Management Program.

“GSA Advantage!” is an on-line shopping mall and ordering system that provides customers with

access to products and services under GSA contracts.

“Other environmental attributes” refers to product characteristics that provide environmental

benefits, excluding recovered materials and energy and water efficiency. Several examples of these

characteristics are biodegradable, recyclable, reduced pollutants, ozone safe, and low volatile

organic compounds (VOCs).

“Post-consumer material” means 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 part of the broader category of “recovered material.” The Environmental

Protection Agency (EPA) has developed a list of EPA-designated products in their Comprehensive

Procurement Guidelines (CPGs) to provide Federal agencies with purchasing recommendations on
specific products in a Recovered Materials Advisory Notice (RMAN). The RMAN contains

recommended recovered and post-consumer material content levels for the specific products

designated by EPA (40 CFR part 247 and http://www.epa.gov/cpg/).

“Recovered materials” means waste materials and by-products recovered or diverted from solid

waste, but the term does not include those materials and by-products generated from, and

commonly reused within, an original manufacturing process (Executive Order 13101 and 42 U.S.C.

6903(19) and http://www.epa.gov/cpg/). For paper and paper products, see the definition at FAR

11.301 (42 U.S.C. 6962(h)).

“Remanufactured” means factory rebuilt to original specifications.

“Renewable energy” means energy produced by solar, wind, geothermal, and biomass power.

“Renewable energy technology” means–

(1) Technologies that use renewable energy to provide light, heat, cooling, or mechanical or

electrical energy for use in facilities or other activities; or

(2) The use of integrated whole-building designs that rely upon renewable energy resources,

including passive solar design.

(c) Identification Requirements.

(1) The offeror must identify products that—

(i) Are compliant with the recovered and post-consumer material content levels recommended in the

Recovered Materials Advisory Notices (RMANs) for EPA-designated products in the CPG program

(http://www.epa.gov/cpg/);

(ii) Contain recovered materials that either do not meet the recommended levels in the RMANs or

are not EPA-designated products in the CPG program (see FAR 23.401 and

http://www.epa.gov/cpg/);

(iii) Are energy-efficient, as defined by either ENERGY STAR® and/or FEMP's designated top 25th

percentile levels (see ENERGY STAR® at http://www.energystar.gov/ and FEMP at

http://www.eere.energy.gov/femp/procurement/);

(iv) Are water-efficient

(v) Use renewable energy technology;

(vi) Are remanufactured; and

(vii) Have other environmental attributes.

(2) These identifications must be made in each of the offeror's following mediums:

(i) The offer itself.

(ii) Printed commercial catalogs, brochures, and pricelists.

(iii) Online product website.
(iv) Electronic data submission for GSA Advantage! submitted via GSA's Schedules Input Program

(SIP) software or the Electronic Data Inter-change (EDI). Offerors can use the SIP or EDI methods to

indicate environmental and other attributes for each product that are translated into respective

icons in GSA Advantage!.

(d) An offeror, in identifying an item with an environmental attribute, must possess evidence or rely

on a reasonable basis to substantiate the claim (see 16 CFR part 260, Guides for the Use of

Environmental Marketing Claims). The Government will accept an offeror's claim of an product's

environmental attribute on the basis of—

(1) Participation in a Federal agency sponsored program (e.g., the EPA and DOE ENERGY STAR®

product labeling program);

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

(3) Possession of competent and reliable evidence. For any test, analysis, research, study, or other

evidence to be “competent and reliable,” it must have been conducted and evaluated in an objective

manner by persons qualified to do so, using procedures generally accepted in the profession to yield

accurate and reliable results.

(End of clause)

552.238-79 Cancellation.

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

Cancellation (May 2019)

Either party may cancel this contract in whole or in part by providing written notice. The

cancellation will take effect 30 calendar days after the other party receives the notice of

cancellation. If the Contractor elects to cancel this contract, the Government will not reimburse the

minimum guarantee.

(End of clause)

552.238-80 Industrial Funding Fee and Sales Reporting.

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

Industrial Funding Fee and Sales Reporting (Jul 2020)

(a) Reporting of Federal Supply Schedule Sales. The Contractor shall report all contract sales under

this contract as follows:

(1) The Contractor shall accurately report the dollar value, in U.S. dollars and rounded to the

nearest whole dollar, of all sales under this contract by calendar quarter (January 1-March 31, April

1-June 30, July 1-September 30, and October 1-December 31). The dollar value of a sale is the price

paid by the Schedule user for products and services on a Schedule task or delivery order. The

reported contract sales value shall include the Industrial Funding Fee (IFF). The Contractor shall

maintain a consistent accounting method of sales reporting, based on the Contractor's established
commercial accounting practice. The acceptable points at which sales may be reported include–

(i) Receipt of order;

(ii) Shipment or delivery, as applicable;

(iii) Issuance of an invoice; or

(iv) Payment.

(2) Contract sales shall be reported to Federal Acquisition Services (FAS) within 30 calendar days

following the completion of each reporting quarter. The Contractor shall continue to furnish

quarterly reports, including “zero” sales, through physical completion of the last outstanding task

order or delivery order of the contract.

(3) Reportable sales under the contract are those resulting from sales of contract items to authorized

users unless the purchase was conducted pursuant to a separate contracting authority such as a

Governmentwide Acquisition Contract (GWAC); a separately awarded FAR Part 12, FAR Part 13,

FAR Part 14, or FAR Part 15 procurement; or a non-FAR contract. Sales made to state and local

governments under Cooperative Purchasing authority shall be counted as reportable sales for IFF

purposes.

(4) The Contractor shall electronically report the quarterly dollar value of sales, including “zero”

sales, by utilizing the automated reporting system at an Internet website designated by the General

Services Administration (GSA)’s Federal Acquisition Service (FAS). Prior to using this automated

system, the Contractor shall complete contract registration with the FAS Vendor Support Center

(VSC). The website address, as well as registration instructions and reporting procedures, will be

provided at the time of award. The Contractor shall report sales separately for each National Stock

Number (NSN), Special Item Number (SIN), or sub-item.

(5) The Contractor shall convert the total value of sales made in foreign currency to U.S. dollars

using the “Treasury Reporting Rates of Exchange” issued by the U.S. Department of Treasury,

Financial Management Service. The Contractor shall use the issue of the Treasury report in effect on

the last day of the calendar quarter. The report is available from Financial Management Service,

International Funds Branch, Telephone: (202) 874-7994, Internet:

http://www.fiscal.treasury.gov/fsreports/rpt/treasRptRateExch/treasRptRateExch_home.htm.

(b) The Contractor shall remit the IFF at the rate set by GSA's FAS.

(1) The Contractor shall remit the IFF to FAS in U.S. dollars within 30 calendar days after the end of

the reporting quarter; final payment shall be remitted within 30 days after physical completion of

the last outstanding task order or delivery order of the contract.

(2) The IFF represents a percentage of the total quarterly sales reported. This percentage is set at

the discretion of GSA's FAS. GSA's FAS has the unilateral right to change the percentage at any

time, but not more than once per year. FAS will provide reasonable notice prior to the effective date

of the change. The IFF reimburses FAS for the costs of operating the Federal Supply Schedules

Program. FAS recoups its operating costs from ordering activities as set forth in 40 U.S.C. 321:

Acquisition Services Fund. Net operating revenues generated by the IFF are also applied to fund

initiatives benefitting other authorized FAS programs, in accordance with 40 U.S.C. 321. Offerors

must include the IFF in their prices. The fee is included in the award price(s) and reflected in the

total amount charged to ordering activities. FAS will post notice of the current IFF at

https://srp.fas.gsa.gov/ or successor website as appropriate.
(c) Within 60 days of award, an FAS representative will provide the Contractor with specific written

procedural instructions on remitting the IFF. FAS reserves the unilateral right to change such

instructions from time to time, following notification to the Contractor.

(d) Failure to remit the full amount of the IFF within 30 calendar days after the end of the applicable

reporting period constitutes a contract debt to the United States Government under the terms of

FAR Subpart 32.6. The Government may exercise all rights under the Debt Collection Improvement

Act of 1996, including withholding or setting off payments and interest on the debt (see FAR clause

52.232-17, Interest). Should the Contractor fail to submit the required sales reports, falsify them, or

fail to timely pay the IFF, this is sufficient cause for the Government to terminate the contract for

cause.

(End of clause)

Alternate I (May 2023). As prescribed in 538.273 (d)(4), substitute the following paragraphs (a), (b),

(c), and (d) for paragraphs (a), (b), (c), and (d) of the basic clause:

(a) Definition. “Transactional data” encompasses the historical details of the products or services

delivered by the Contractor during the performance of task or delivery orders issued against this

contract.

(b) Reporting of Transactional Data. The Contractor must report all transactional data under this

contract as follows:

(1) The Contractor must electronically report transactional data by utilizing the automated reporting

system at an Internet website designated by the General Services Administration (GSA) or by

uploading the data according to GSA instructions. GSA will post registration instructions and

reporting procedures on the Vendor Support Center website, https://vsc.gsa.gov. The reporting

system website address, as well as registration instructions and reporting procedures, will be

provided at the time of award or inclusion of this clause in the contract.

(2) The Contractor must provide, at no additional cost to the Government, the following

transactional data elements, as applicable:

(i) Contract or Blanket Purchase Agreement (BPA) Number.

(ii) Delivery/Task Order Number/Procurement Instrument Identifier (PIID).

(iii) Non Federal Entity.

(iv) Description of Deliverable.

(v) Manufacturer Name.

(vi) Manufacturer Part Number.

(vii) Unit Measure (each, hour, case, lot).

(viii) Quantity of Item Sold.

(ix) Universal Product Code.

(x) Price Paid per Unit.
(xi) Total Price.

Note to paragraph (b)(2): The Contracting Officer may add data elements to the standard

elements listed in paragraph (b)(2) of this section with the approvals listed in GSAM 507.105(b)(3).

(3) The contractor must report transactional data within 30 calendar days from the last calendar day

of the month. If there was no contract activity during the month, the Contractor must submit a

confirmation of no reportable transactional data within 30 calendar days of the last calendar day of

the month.

(4) The Contractor must report the price paid per unit, total price, or any other data elements with

an associated monetary value listed in (b)(2) of this section, in U.S. dollars.

(5) The reported price paid per unit and total price must include the Industrial Funding Fee (IFF).

(6) The Contractor must maintain a consistent accounting method of transactional data reporting,

based on the Contractor's established commercial accounting practice.

(7) Reporting Points.

(i) The acceptable points at which transactional data may be reported include-

(A) Issuance of an invoice; or

(B) Receipt of payment.

(ii) The Contractor must determine whether to report transactional data on the basis of invoices

issued or payments received.

(8) The Contractor must continue to furnish reports, including confirmation of no transactional data,

through physical completion of the last outstanding task or delivery order of the contract.

(9) Unless otherwise expressly stated by the ordering activity, orders that contain classified

information or other or information that would compromise national security are exempt from this

reporting requirement.

(10) This clause does not exempt the Contractor from fulfilling existing reporting requirements

contained elsewhere in the contract.

(11) GSA reserves the unilateral right to change reporting instructions following 60 calendar days'

advance notification to the Contractor.

(c) Industrial Funding Fee (IFF).

(1) This contract includes an IFF charged on orders placed against this contract. The IFF is paid by

the authorized ordering activity but remitted to GSA by the Contractor. The IFF reimburses GSA for

the costs of operating the Federal Supply Schedule program, as set forth in 40 U.S.C. 321:

Acquisition Services Fund. Net operating revenues generated by the IFF are also applied to fund

initiatives benefiting other authorized GSA programs, in accordance with 40 U.S.C. 321.

(2) GSA has the unilateral right to change the fee amount at any time, but not more than once per

year; GSA will provide reasonable notice prior to the effective date of any change. GSA will post

notice of the current IFF on the Vendor Support Center website at https://vsc.gsa.gov.
(3) Offerors must include the IFF in their prices. The fee is included in the awarded price(s) and

reflected in the total amount charged to ordering activities. The fee will not be included in the price

of non-contract items purchased pursuant to a separate contracting authority, such as a

Governmentwide Acquisition Contract (GWAC); a separately awarded Federal Acquisition Regulation

(FAR) Part 12, FAR Part 13, FAR Part 14, or FAR Part 15 procurement; or a non-FAR contract.

(4) The Contractor must remit the IFF to GSA in U.S. dollars within 30 calendar days after the last

calendar day of the reporting quarter; final payment must be remitted within 30 calendar days after

physical completion of the last outstanding task order or delivery order issued against the contract.

(5) GSA reserves the unilateral right to change remittance instructions following 60 calendar days'

advance notification to the Contractor.

(d) The Contractor's failure to remit the full amount of the IFF within 30 calendar days after the end

of the applicable reporting period constitutes a contract debt to the United States Government

under the terms of FAR Subpart 32.6. The Government may exercise all rights under the Debt

Collection Improvement Act of 1996, including withholding or offsetting payments and interest on

the debt (see FAR clause 52.232-17, Interest). If the Contractor fails to submit the required

transactional data reports, falsifies them, or fails to timely pay the IFF, these reasons constitute

sufficient cause for the Government to terminate the contract for cause.

552.238-81 Price Reductions.

As prescribed in 538.273 (d)(5), insert the following clause:

Price Reductions (May 2019)

(a)Before award of a contract, the Contracting Officer and the Offeror will agree upon (1) the

customer (or category of customers) which will be the basis of award, and (2) the Government's

price or discount relationship to the identified customer (or category of customers). This relationship

shall be maintained throughout the contract period. Any change in the Contractor's commercial

pricing or discount arrangement applicable to the identified customer (or category of customers)

which disturbs this relationship shall constitute a price reduction.

(b)During the contract period, the Contractor shall report to the Contracting Officer all price

reductions to the customer (or category of customers) that was the basis of award. The Contractor's

report shall include an explanation of the conditions under which the reductions were made.

(1)A price reduction shall apply to purchases under this contract if, after the date negotiations

conclude, the Contractor

(i)Revises the commercial catalog, pricelist, schedule or other document upon which contract award

was predicated to reduce prices;

(ii)Grants more favorable discounts or terms and conditions than those contained in the commercial

catalog, pricelist, schedule or other documents upon which contract award was predicated; or

(iii)Grants special discounts to the customer (or category of customers) that formed the basis of

award, and the change disturbs the price/discount relationship of the Government to the customer

(or category of customers) that was the basis of award.
(2)The Contractor shall offer the price reduction to the eligible ordering activity with the same

effective date, and for the same time period, as extended to the commercial customer (or category of

customers).

(d)There shall be no price reduction for sales—

(1)To commercial customers under firm, fixed-price definite quantity contracts with specified

delivery in excess of the maximum order threshold specified in this contract;

(2)To Federal agencies;

(3)Made to Eligible Ordering Activities identified in GSAR Clause 552.238-113 when the order is

placed under this contract (and the Eligible Ordering Activities identified in GSAR Clause

552.238-113 is the agreed upon customer or category of customer that is the basis of award); or

(4)Caused by an error in quotation or billing, provided adequate documentation is furnished by the

Contractor to the Contracting Officer.

(e)The Contractor may offer the Contracting Officer a voluntary Governmentwide price reduction at

any time during the contract period.

(f)The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as

soon as possible, but not later than 15 calendar days after its effective date.

(g)The contract will be modified to reflect any price reduction which becomes applicable in

accordance with this clause.

(End of clause)

Alternate I (Apr 2014). As prescribed in 538.273 (d)(5), substitute the following paragraphs (a) and

(b) for paragraphs (a), (b), (c), (d), (e), (f) and (g) of the basic clause:

(a) The Government may request from the Contractor, and the Contractor may provide to the

Government, a temporary or permanent price reduction at any time during the contract period.

(b) The Contractor may offer the Contracting Officer a voluntary price reduction at any time during

the contract period.

552.238-82 Modifications (Federal Supply Schedules).

As prescribed in 538.273 (d)(6), insert the following clause:

Modifications (Federal Supply Schedules) (JAN 2022)

(a) General. 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).

(b) Types of modifications—
(1)Additional items/additional SINs. 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) must be submitted in

accordance with the request for proposal.

(iv)Delivery time(s) for the new item(s) or the item(s) under the new SIN(s) must be submitted in

accordance with the request for proposal.

(v)Production point(s) for the new item(s) or the item(s) under the new SIN(s) must be submitted if

required by FAR 52.215-6, Place of Performance.

(vi)Hazardous Material information (if applicable) must be submitted as required by FAR 52.223-3

(Alternate I), Hazardous Material Identification and Material Safety Data.

(vii)Any information requested by FAR 52.212-3(f), Offeror Representations and CertificationsCommercial Products and Commercial Services, that may be necessary to assure compliance with

FAR 52.225-1, Buy American Act-Balance of Payments Programs-Supplies.

(2) Deletions. The Contractors 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. The Contractor shall indicate whether the price reduction falls under the item

(i), (ii), or (iii) of paragraph (c)(1) of the Price Reductions clause at 552.238-81. If the Price reduction

falls under item (i), the Contractor shall transmit a copy of the dated commercial price list. If the

price reduction falls under item (ii) or (iii), the Contractor shall transmit 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.

(c) Effective dates. The effective date of any modification is the date specified in the modification,

except as otherwise provided in the Price Reductions clause at 552.238-81.

(d) Electronic file updates. The Contractor shall update electronic file submissions to reflect all

modifications. For additional items or SINs, the Contractor shall obtain the Contracting Officer's

approval before transmitting changes. Contract modifications will not be made effective until the

Government receives the electronic file updates. The Contractor may transmit price reductions, item

deletions, and corrections without prior approval. However, the Contractor shall notify the

Contracting Officer as set forth in the Price Reductions clause at 552.238-81.

(End of clause)

Alternate I (Mar 2020). As prescribed in 538.273 (d)(6)(i), add the following paragraph (e) to the

basic clause:
(e) Electronic submission of modification requests is mandatory via eMod (http://eOffer.gsa.gov),

unless otherwise stated in the electronic submission standards and requirements at the Vendor

Support Center website (http://vsc.gsa.gov). If the electronic submissions standards and

requirements information is updated at the Vendor Support Center website, Contractors will be

notified prior to the effective date of the change.

Alternate II (May 2019). As prescribed in 538.273 (d)(6)(ii), substitute the following paragraph (b)

for paragraph (b) of the basic clause:

(b) Types of Modifications.

(1) Additional items/additional SINs. When requesting additions, the Contractor must submit the

following information:

(i) Information about the new item(s) or the item(s) under the new SIN(s) must be submitted in

accordance with the instructions in the solicitation.

(ii) Delivery time(s) for the new item(s) or the item(s) under the new SIN(s) must be submitted in

accordance with the request for proposal.

(iii) Production point(s) for the new item(s) or the item(s) under the new SIN(s) must be submitted if

required by FAR 52.215-6, Place of Performance.

(iv) Hazardous Material information (if applicable) must be submitted as required by FAR 52.223-3

(Alternate I), Hazardous Material Identification and Material Safety Data.

(v) Any information requested by FAR 52.212-3(f), Offeror Representations and CertificationsCommercial Products or Services, that may be necessary to assure compliance with FAR 52.225-1,

Buy American Act-Balance of Payments Programs-Supplies.

(2) Deletions. The Contractor must 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 determines that the higher

price is unreasonable compared to the price of the deleted item.

552.238-83 Examination of Records by GSA.

As prescribed in 538.273 (d)(7) insert the following clause:

Examination of Records by GSA (May 2019)

The Contractor agrees that the Administrator of General Services or any duly authorized

representative shall have access to and the right to examine any books, documents, papers and

records of the contractor involving transactions related to this contract for overbillings, billing

errors, compliance with contract clauses 552.238-81, Price Reductions and 552.238-80, Industrial

Funding Fee and Sales Reporting. This authority shall expire 3 years after final payment. The basic

contract and each option shall be treated as separate contracts for purposes of applying this clause.

(End of clause)
552.238-84 Discounts for Prompt Payment.

As prescribed in 538.273 (d)(8) insert the following clause:

Discounts for Prompt Payment (May 2019)

(a) Discounts for early payment (hereinafter referred to as “discounts” or “the discount”) will be

considered in evaluating the relationship of the Offeror's concessions to the Government vis-a-vis the

Offeror's concessions to its commercial and Federal non-schedule customers, but only to the extent

indicated in this clause.

(b) Discounts will not be considered to determine the low Offeror in the situation described in the

“Offers on Identical Products” provision of this solicitation.

(c) Uneconomical discounts will not be considered as meeting the criteria for award established by

the Government. In this connection, a discount will be considered uneconomical if the annualized

rate of return for earning the discount is lower than the “value of funds” rate established by the

Department of the Treasury and published quarterly in the Federal Register. The “value of funds”

rate applied will be the rate in effect on the date specified for the receipt of offers.

(d) Discounts for early payment may be offered either in the original offer or on individual invoices

submitted under the resulting contract. Discounts offered will be taken by the ordering activity if

payment is made within the discount period specified.

(e) Discounts that are included in offers become a part of the resulting contracts and are binding on

the Contractor for all orders placed under the contract. Discounts offered only on individual invoices

will be binding on the Contractor only for the particular invoice on which the discount is offered.

(f) In connection with any discount offered for prompt payment, time shall be computed from the

date of the invoice. For the purpose of computing the discount earned, payment shall be considered

to have been made on the date which appears on the payment check or the date on which an

electronic funds transfer was made.

(End of clause)

552.238-85 Contractor's Billing Responsibilities.

As prescribed in 538.273 (d)(9) insert the following clause:

Contractor's Billing Responsibilities (May 2019)

(a) The Contractor is required to perform all billings made pursuant to this contract. However, if the

Contractor has dealers that participate on the contract and the billing/payment process by the

Contractor for sales made by the dealer is a significant administrative burden, the following

alternative procedures may be used. Where dealers are allowed by the Contractor to bill ordering

activities and accept payment in the Contractor's name, the Contractor agrees to obtain from all

dealers participating in the performance of the contract a written agreement, which will require

dealers to

(1) Comply with the same terms and conditions as the Contractor for sales made under the contract;
(2) Maintain a system of reporting sales under the contract to the manufacturer, which includes

(i) The date of sale;

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

(iii) The service or supply/model sold;

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

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

(vi) All other significant sales data.

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

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

(b) An agreement between a Contractor and its dealers pursuant to this procedure will not establish

privity of contract between dealers and the Government.

(End of clause)

552.238-86 Delivery Schedule.

As prescribed in 538.273 (d)(10) insert the following clause:

Delivery Schedule (May 2019)

(a) Time of delivery. The Contractor shall deliver to destination within the number of calendar days

after receipt of order (ARO) in the case of F.O.B. Destination prices; or to place of shipment in

transit in the case of F.O.B. Origin prices, as set forth below. Offerors shall insert in the ''Time of

Delivery (days ARO)'' column in the schedule of Items a definite number of calendar days within

which delivery will be made. In no case shall the offered delivery time exceed the Contractor's

normal business practice. The Government requires the Contractor's normal delivery time, as long

as it is less than the ''stated'' delivery time(s) shown below. If the Offeror does not insert a delivery

time in the schedule of items, the Offeror will be deemed to offer delivery in accordance with the

Government's stated delivery time, as stated below [The contracting officer shall insert the solicited

items or Special Item Numbers (SIN) as well as a reasonable delivery time that corresponds with

each item or SIN, if known]:

Items or group of items (special item no. or nomenclature)

*___________________*

*___________________*

*___________________*

Government's stated delivery time (days ARO)

*___________________*
*___________________*

*___________________*

Contractor's delivery time

*___________________*

*___________________*

*___________________*

(b) Expedited delivery times. For those items that can be delivered quicker than the delivery times in

paragraph (a) of this clause, the Offeror is requested to insert below, a time (hours/days ARO) that

delivery can be made when expedited delivery is requested.

Items or group of items (special item no. or nomenclature)

*___________________*

*___________________*

*___________________*

Expedited delivery time (hours/days ARO)

*___________________*

*___________________*

*___________________*

(c) Overnight and 2-Day delivery times. Ordering activities may require overnight or 2-day delivery.

The Offeror is requested to annotate its price list or by separate attachment identify the items that

can be delivered overnight or within 2 days. Contractors offering such delivery services will be

required to state in the cover sheet to its FSS price list details concerning this service.

(End of clause)

552.238-87 Delivery Prices.

As prescribed in 538.273 (d)(11) insert the following clause:

Delivery Prices (May 2019)

(a) Prices offered must cover delivery as provided below to destinations located within the 48

contiguous States and the District of Columbia.

(1) Delivery to the door of the specified Government activity by freight or express common carriers

on articles for which store-door delivery is provided, free or subject to a charge, pursuant to

regularly published tariffs duly filed with the Federal and/or State regulatory bodies governing such

carrier; or, at the option of the Contractor, by parcel post on mailable articles, or by the Contractor's

vehicle. Where store-door delivery is subject to a charge, the Contractor shall place the notation
“Delivery Service Requested” on bills of lading covering such shipments, and pay such charge and

add the actual cost thereof as a separate item to his invoice.

(2) Delivery to siding at destinations when specified by the ordering office, if delivery is not covered

under paragraph (a)(1) of this section.

(3) Delivery to the freight station nearest destination when delivery is not covered under paragraph

(a)(1) or (2) of this section.

(b) The Offeror shall indicate in the offer whether or not prices submitted cover delivery f.o.b.

destination in Alaska, Hawaii, and the Commonwealth of Puerto Rico.

(c) When deliveries are made to destinations outside the contiguous 48 States; i.e., Alaska, Hawaii,

and the Commonwealth of Puerto Rico, and are not covered by paragraph (b), above, the following

conditions will apply:

(1) Delivery will be f.o.b. inland carrier, point of exportation (FAR 52.247-38), with the

transportation charges to be paid by the Government from point of exportation to destination in

Alaska, Hawaii, or the Commonwealth of Puerto Rico, as designated by the ordering office. The

Contractor shall add the actual cost of transportation to destination from the point of exportation in

the 48 contiguous States nearest to the designated destination. Such costs will, in all cases, be based

upon the lowest regularly established rates on file with the Interstate Commerce Commission, the

U.S. Maritime Commission (if shipped by water), or any State regulatory body, or those published by

the U.S. Postal Service; and must be supported by paid freight or express receipt or by a statement

of parcel post charges including weight of shipment.

(2) The right is reserved to ordering agencies to furnish Government bills of lading.

(End of clause)

552.238-88 GSA Advantage!®.

As prescribed in 538.273 (d)(12) insert the following clause:

GSA Advantage!® (May 2019)

(a) The Contractor shall participate in the GSA Advantage!® online shopping service. Information

and instructions regarding Contractor participation are contained in clause 552.238-103, Electronic

Commerce.

(b) The Contractor shall refer to contract clauses 552.238-77, Submission and Distribution of

Authorized FSS Price Lists (which provides for submission of price lists on a common-use electronic

medium), and 552.238-82, Modifications (which addresses electronic file updates).

(End of clause)

552.238-89 Deliveries to the U.S. Postal Service.

As prescribed in 538.273 (d)(13) insert the following clause:
Deliveries to the U.S. Postal Service (May 2019)

(a) Applicability. This clause applies to orders placed for the U.S. Postal Service (USPS) and

accepted by the Contractor for the delivery of supplies to a USPS facility (consignee).

(b) Mode/method of transportation. Unless the Contracting Officer grants a waiver of this

requirement, any shipment that meets the USPS requirements for mailability (i.e., 70 pounds or less,

combined length and girth not more than 108 inches, etc.) delivery shall be accomplished via the use

of the USPS. Other commercial services shall not be used, but this does not preclude the Contractor

from making delivery by the use of the Contractor's own vehicles.

(c) Time of delivery. Notwithstanding the required time for delivery to destination as may be

specified elsewhere in this contract, if shipments under this clause are mailed not later than five (5)

calendar days before the required delivery date, delivery shall be deemed to have been made timely.

(End of clause)

552.238-90 Characteristics of Electric Current.

As prescribed in 538.273 (d)(14) insert the following clause:

Characteristics of Electric Current (May 2019)

Contractors supplying equipment which uses electrical current are required to supply equipment

suitable for the electrical system at the location at which the equipment is to be used as specified on

the order.

(End of clause)

552.238-91 Marking and Documentation Requirements for Shipping.

As prescribed in 538.273 (d)(15) insert the following clause:

Marking and Documentation Requirements for Shipping (May 2019)

(a) Responsibility. It shall be the responsibility of the ordering activity to determine the full marking

and documentation requirements necessary under the various methods of shipment authorized by

the contract.

(b) Documentation. In the event the ordering activity fails to provide the essential information and

documentation, the Contractor shall, within three days after receipt of order, contact the ordering

activity and advise them accordingly. The Contractor shall not proceed with any shipment requiring

transshipment via U.S. Government facilities without the prerequisites stated in paragraph (c) of this

section.

(c) Direct shipments. The Contractor shall mark all items ordered against this contract with indelible

ink, paint or fluid, as follows:

(1) Traffic Management or Transportation Officer at FINAL destination.
(2) Ordering Supply Account Number.

(3) Account number.

(4) Delivery Order or Purchase Order Number.

(5) National Stock Number, if applicable; or Contractor's item number.

(6) Box ________ of ________ Boxes.

(7) Nomenclature (brief description of items).

(End of clause)

552.238-92 Vendor Managed Inventory (VMI) Program.

As prescribed in 538.273 (d)(16) insert the following clause:

Vendor Managed Inventory (VMI) Program (May 2019)

(a) The term “Vendor Managed Inventory” describes a system in which the Contractor monitors and

maintains specified inventory levels for selected items at designated stocking points. VMI enables

the Contractor to plan production and shipping more efficiently. Stocking points benefit from

reduced inventory but steady stock levels.

(b) Contractors that commercially provide a VMI-type system may enter into similar partnerships

with ordering agencies under a Blanket Purchase Agreement.

(End of clause)

552.238-93 Order Acknowledgment.

As prescribed in 538.273 (d)(17) insert the following clause:

Order Acknowledgment (May 2019)

Contractors shall acknowledge only those orders which state “Order Acknowledgment Required.”

These orders shall be acknowledged within 10 calendar days after receipt. Such acknowledgment

shall be sent to the ordering activity placing the order and contain information pertinent to the

order, including the anticipated delivery date.

(End of clause)

552.238-94 Accelerated Delivery Requirements.

As prescribed in 538.273 (d)(18) insert the following clause:

Accelerated Delivery Requirements (May 2019)
When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent

delivery requirements of an ordering activity, the ordering activity is encouraged, if time permits, to

contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply

to the inquiry within three (3) business days after receipt. (Telephonic replies shall be confirmed by

the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable to the

ordering activity, any order(s) placed pursuant to the agreed upon accelerated delivery time frame

shall be delivered within this shorter delivery time and in accordance with all other terms and

conditions of the contract.

(End of clause)

552.238-95 Separate Charge for Performance Oriented Packaging (POP).

As prescribed in 538.273 (d)(19) insert the following clause:

Separate Charge for Performance Oriented Packaging (POP) (May 2019)

(a) Offerors are requested to list the hazardous material item to which the separate charge applies in

the spaces provided in this paragraph or on a separate attachment. The final price shall be quoted

separately at the order level and, if considered reasonable, will be accepted as part of the order.

ITEMS

SINS or Descriptive Name of Articles (as appropriate) Charge for Performance Oriented

(b) Ordering activities will not be obligated to utilize the Contractor's services for Performance

Oriented Packaging, and they may obtain such services elsewhere if desired. However, the

Contractor shall provide items in Performance Oriented Packaging when such packing is specified

on the delivery order. The Contractor's contract price and the charge for Performance Oriented

Packaging will be shown as separate entries on the delivery order.

(End of clause)

552.238-96 Separate Charge for Delivery within Consignee's Premises.

As prescribed in 538.273 (d)(20) insert the following clause:

Separate Charge for Delivery within Consignee's Premises (May 2019)

(a) Offerors are requested to insert, in the spaces provided below or by attachment hereto, a

separate charge for “Delivery Within Consignee's Premises” applicable to each shipping container to

be shipped. (Articles which are comparable in size and weight, and for which the same charge is
applicable, should be grouped under an appropriate item description.) These additional charges will

be accepted as part of the award, if considered reasonable, and shall be included in the Contractor's

published catalog and/or price list.

(b) Ordering activities are not obligated to issue orders on the basis of “Delivery Within Consignee's

Premises,” and Contractors may refuse delivery on that basis provided such refusal is communicated

in writing to the ordering activity issuing such orders within 5 days of the receipt of such order by

the Contractor and provided further, that delivery is made in accordance with the other delivery

requirements of the contract. Failure of the Contractor to submit this notification within the time

specified shall constitute acceptance to furnish “Delivery Within Consignee's Premises” at the

additional charge awarded. When an ordering activity issues an order on the basis of “Delivery

Within Consignee's Premises” at the accepted additional charge awarded and the Contractor accepts

such orders on that basis, the Contractor will be obligated to provide delivery “F.o.b. Destination,

Within Consignee's Premises” in accordance with FAR 52.247-35, which is then incorporated by

reference, with the exception that an additional charge as provided herein is allowed for such

services. Unless otherwise stipulated by the Offeror, the additional charges awarded hereunder may

be applied to any delivery within the 48 contiguous States and the District of Columbia.

(c) When exercising their option to issue orders on the basis of delivery service as provided herein,

ordering activities will specify “Delivery Within Consignee's Premises” on the order, and will

indicate the exact location to which delivery is to be made. The Contractor's delivery price and the

additional charge(s) for “Delivery Within Consignee's Premises” will be shown as separate entries on

the order..

ITEMS

(NSNs or Special Item Numbers or

Descriptive Name of Articles)

Additional Charge (Per shipping container) FOR

“DELIVERY WITHIN CONSIGNEE'S PREMISES”

(End of clause)

552.238-97 Parts and Service.

As prescribed in 538.273 (d)(21) insert the following clause:

Parts and Service (May 2019)

(a) For equipment under items listed in the schedule of items or services on which offers are

submitted, the Contractor represents by submission of this offer that parts and services (including

the performing of warranty or guarantee service) are now available from dealers or distributors

serving the areas of ultimate overseas destination or that such facilities will be established and will

be maintained throughout the contract period. If a new servicing facility is to be established, the

facility shall be established no later than the beginning of the contract period.
(b) Each Contractor shall be fully responsible for the services to be performed by the named

servicing facilities, or by such facilities to be established, and fully guarantees performance of such

services if the original service proves unsatisfactory.

(c) Contractors are requested to provide the Ordering Activity, the names and addresses of all

supply and service points maintained in the geographic area in which the Contractor will perform.

Please indicate opposite each point whether or not a complete stock of repair parts for items offered

is carried at that point, and whether or not mechanical service is available.

(End of clause)

552.238-98 Clauses for Overseas Coverage.

As prescribed in 538.273 (d)(22) insert the following clause:

Clauses for Overseas Coverage (May 2019)

(a) 52.214-34 Submission of Offers in the English Language

(b) 52.214-35 Submission of Offers in U.S. Currency

(c) 552.238-90 Characteristics of Electric Current

(d) 552.238-91 Marking and Documentation Requirements Per Shipment

(e) 552.238-97 Parts and Service

(f) 552.238-99 Delivery Prices Overseas

(g) 552.238-100 Transshipments

(h) 552.238-101 Foreign Taxes and Duties

(i) 52.247-34 FOB Destination

(j) 52.247-38 FOB Inland Carrier, Point of Exportation

(k) 52.247-39 FOB Inland Point, Country of Importation

(End of clause)

552.238-99 Delivery Prices Overseas.

As prescribed in 538.273 (d)(23) insert the following clause:

Delivery Prices Overseas (May 2019)

(a) Prices offered must cover delivery to destinations as provided as follows:

(1) Direct delivery to consignee. F.O.B. Inland Point, Country of Importation (FAR 52.247-39).

(Offeror should indicate countries where direct delivery will be provided.)
(2) Delivery to overseas assembly point for transshipment when specified by the ordering activity, if

delivery is not covered under paragraph (1), above.

(3) Delivery to the overseas port of entry when delivery is not covered under paragraph (a)(1) or (2)

of this section.

(b) Geographic area(s)/countries/zones which are intended to be covered must be identified in the

offer.

(End of clause)

552.238-100 Transshipments.

As prescribed in 538.273 (d)(24) insert the following clause:

Transshipments (May 2019)

(a) The Contractor shall complete two (2) DD Forms 1387, Military Shipment Labels and, if

applicable, four copies of DD Form 1387-2, Special Handling/Data Certification-used when shipping

chemicals, dangerous cargo, etc.

(1) Two copies of the DD Form 1387 will be attached to each shipping container delivered to the port

Transportation Officer for subsequent transshipment by the Government as otherwise provided for

under the terms of this contract.

(2) These forms will be attached to one end and one side, not on the top or bottom, of the container.

(3) The Contractor will complete the bottom line of these forms, which pertains to the number of

pieces, weight and cube of each piece, using U.S. weight and cubic measures. Weights will be

rounded off to the nearest pound. (One kg = 2.2 U.S. pounds; one cubic meter = 35.3156 cubic feet.)

(b) In addition, if the cargo consists of chemicals, or is dangerous, one copy of the DD Form 1387-2

will be attached to the container, and three copies will be furnished to the Transportation Officer

with the Bill of Lading.

(c) Dangerous cargo will not be intermingled with non-dangerous cargo in the same container.

(d) Copies of the above forms and preparation instructions will be obtained from the ordering

activity issuing the Delivery Order. Reproduced copies of the forms are acceptable.

(e) Failure to include DD Form 1387, and DD Form 1387-2, if applicable, on each shipping container

will result in rejection of shipment by the port Transportation Officer.

(End of clause)

552.238-101 Foreign Taxes and Duties.

As prescribed in 538.273 (d)(25) insert the following clause:

Foreign Taxes and Duties (May 2019)
Prices offered must be net, delivered, f.o.b. to the destinations accepted by the Government.

(a) The Contractor warrants that such prices do not include any tax, duty, customs fees, or other

foreign Governmental costs, assessments, or similar charges from which the U.S. Government is

exempt.

(b) Standard commercial export packaging, including containerization, if necessary, packaging,

preservation, and/or marking are included in the pricing offered and accepted by the Government.

(End of clause)

552.238-102 English Language and U.S. Dollar Requirements.

As prescribed in 538.273 (d)(26) insert the following clause:

English Language and U.S. Dollar Requirements (May 2019)

(a) All documents produced by the Contractor to fulfill requirements of this contract including, but

not limited to, Federal Supply Schedule catalogs and price lists, must reflect all terms and

conditions in the English language.

(b) U.S. dollar equivalency, if applicable, will be based on the rates published in the “Treasury

Reporting Rates of Exchange” in effect as of the date of the agency's purchase order or in effect

during the time period specified elsewhere in this contract.

(End of clause)

552.238-103 Electronic Commerce.

As prescribed in 538.273 (d)(27) insert the following clause:

Electronic Commerce (May 2019)

(a) General background. The Federal Acquisition Streamlining Act (FASA) of 1994 requires the

Government to evolve its acquisition process from one driven by paper to an expedited process

based on electronic commerce/electronic data interchange (EC/EDI). EC/EDI encompasses more

than merely automating manual processes and eliminating paper transactions. EC/EDI improves

business processes (e.g. procurement, finance, logistics) into a fully electronic environment and

fundamentally changes the way organizations operate.

(b) Trading partners and Value-Added Networks (VAN's).

(1) Within the electronic commerce architecture, electronic documents (e.g., orders, invoices, etc.)

are carried between the Federal Government's procuring office and Contractors (now known as

“trading partners”). These transactions are carried by commercial telecommunications companies

called Value-Added Networks (VAN's).

(2) EDI can be performed using commercially available hardware, software, and

telecommunications. The selection of a VAN is a business decision Contractors must make. There are

many different VAN's which provide a variety of electronic services and different pricing strategies.
If the VAN only provides communications services, you may also need a software translation

package.

(c) Registration instructions. To perform EDI with the Government, Contractors shall register as a

trading partner. Contractors will provide regular business information, banking information, and

EDI capabilities to all agencies in this single registration. A central repository of all trading partners

is the Systems for Award Management (SAM) http://www.sam.gov. Contractors shall follow the

instructions on the SAM website regarding how to register for EDI.

(d) Implementation conventions. All EDI transactions must comply with the Federal Implementation

Conventions (ICs). The ICs are available on a registry maintained by the National Institute of

Standards and Technology (NIST). It is accessible via the INTERNET at http://www.nist.gov/itl. ICs

are available for common business documents such as Purchase Order, Price Sales Catalog, Invoice,

Request for Quotes, etc.

(e) Additional information. GSA has additional information available for Contractors who are

interested in using EC/EDI on its website, http://www.gsa.gov.

(f) GSA Advantage!®.

(1) GSA Advantage!® uses electronic commerce to receive catalogs, invoices and text messages; and

to send purchase orders, application advice, and functional acknowledgments. GSA Advantage!®

enables customers to:

(i) Perform database searches across all contracts by manufacturer; manufacturer's model/part

number; Contractor; and generic supply categories.

(ii) Generate EDI delivery orders to Contractors, generate EDI delivery orders from the Federal

Supply Service to Contractors, or download files to create their own delivery orders.

(iii) Use the credit card.

(2) GSA Advantage!® may be accessed via the GSA Home Page. The Internet address is:

http://www.gsa.gov.

(End of clause)

552.238-104 Dissemination of Information by Contractor.

As prescribed in 538.273 (d)(28) insert the following clause:

Dissemination of Information by Contractor (May 2019)

The Government will provide the Contractor with a single copy of the resulting Federal Supply

Schedule contract award documents. However, it is the responsibility of the Contractor to furnish all

sales outlets authorized to participate in the performance of the contract with the terms, conditions,

pricing schedule, and other appropriate information.

(End of clause)
552.238-105 Deliveries Beyond the Contractual Period-Placing of Orders.

As prescribed in 538.273 (d)(29) insert the following clause:

Deliveries Beyond the Contractual Period-Placing of Orders (MaR 2024)

In accordance with the GSAR clause at 552.238-113, Authorities Supporting Use of Federal Supply

Schedule Contracts, this contract covers all requirements that may be ordered, as distinguished

from delivered during the contract term. This is for the purpose of providing continuity of supply or

operations by permitting ordering activities to place orders as requirements arise in the normal

course of operations. Accordingly, any order mailed (or received, if forwarded by other 7 means than

through the mail) to the Contractor on or before the expiration date of the contract, and providing

for delivery within the number of days specified in the contract, shall constitute a valid order.

(End of clause)

552.238-106 Interpretation of Contract Requirements.

As prescribed in 538.273 (d)(30) insert the following clause:

Interpretation of Contract Requirements (May 2019)

No interpretation of any provision of this contract, including applicable specifications, shall be

binding on the Government unless furnished or agreed to in writing by the Contracting Officer or his

designated representative.

(End of clause)

552.238-107 Export Traffic Release (Supplies).

As prescribed in 538.273 (d)(31) insert the following clause:

Export Traffic Release (Supplies) (May 2019)

Supplies ordered by GSA for export will not be shipped by the Contractor until shipping instructions

are received from GSA. To obtain shipping instructions, the Contractor shall forward completed

copies of GSA Form 1611, Application for Shipping Instructions and Notice of Availability, to the

GSA office designated on the purchase order at least 15 days prior to the anticipated shipping date.

Copies of GSA Form 1611 will be furnished to the Contractor with the purchase order. Failure to

comply with this requirement could result in nonacceptance of the material by authorities at the port

of exportation. When supplies for export are ordered by other Government agencies the Contractor

should obtain shipping instructions from the ordering agency.

(End of clause)

552.238-108 Spare Parts Kit.

As prescribed in 538.273 (d)(32) insert the following clause:
Spare Parts Kit (May 2019)

(a) The Contractor will be required to offer a spare parts kit conforming, generally, to the following

requirements for each item awarded under this solicitation: [The Ordering Activity contracting

officer should insert the specifications for a spare parts kit specific to the solicited items.]

(b) The Contractor shall furnish prices for spare parts kits as follows:

(1) Price of kit unpackaged.

(2) Price of kit in domestic pack.

(3) Price of kit in wooden case, steel-strapped.

(c) The Contractor will be required to furnish a complete description of spare parts kit offered, a list

of parts included, and the price of the kit delivered f.o.b. destination to any point within the

conterminous United States within 15 days after receipt of a request from the Ordering Activity

Contracting Officer. If the kit offered is acceptable to the Ordering Activity, awards covering

requirements will be made by supplemental agreement to this contract.

(End of clause)

552.238-109 Authentication Supplies and Services.

As prescribed in 538.273 (d)(33) insert the following clause:

Authentication Supplies and Services (May 2019)

(a) General background.

(1) The General Services Administration (GSA) established the “Identity and Access Management

Services” (IAMS) Program to clearly define the kinds of digital certificates and PKI services that

meet the requirements for service providers and supplies that support FISMA-compliant IAM

systems deployed by Federal agencies.

(2) Homeland Security Presidential Directive 12 (HSPD-12), “Policy for a Common Identification

Standard for Federal Employees and Contractors” establishes the requirement for a mandatory

Government-wide standard for secure and reliable forms of identification issued by the Federal

Government to its employees and Contractor employees assigned to Government contracts in order

to enhance security, increase Government efficiency, reduce identity fraud, and protect personal

privacy. Further, the Directive requires the Department of Commerce to promulgate a Federal

standard for secure and reliable forms of identification within six months of the date of the Directive.

As a result, the National Institute of Standards and Technology (NIST) released Federal Information

Processing Standard (FIPS) 201-2: Personal Identity Verification of Federal Employees and

Contractors August 2013. FIPS 201-2 requires that the digital certificates incorporated into the

Personal Identity Verification (PIV) identity credentials comply with the X.509 Certificate Policy for

the U.S. Federal PKI Common Policy Framework. In addition, FIPS 201-2 requires that Federal

identity badges referred to as PIV credentials, issued to Federal employees and Contractors comply

with the Standard and associated NIST Special Publications 800-73, 800-76, 800-78, and 800-79.

(b) Special item numbers. GSA has established the e-Authentication Initiative (see URL:
http://www.idmanagement.gov) to provide common infrastructure for the authentication of the

public and internal Federal users for logical access to Federal e-Government applications and

electronic services. To support the government-wide implementation of HSPD-12 and the Federal eAuthentication Initiative, GSA has established Special Item Numbers (SINs) pertaining to

Authentication Products and Services, including Electronic Credentials, Digital Certificates,

eAuthentication, Identify and Access Management, PKI Shared Service Providers, and HSPD-12

Product and Service Components.

(c) Qualification information.

(1) All Authentication supplies and services must be qualified as being compliant with Governmentwide requirements before they will be included on a GSA Information Technology (IT) Schedule

contract. The Qualification Requirements and associated evaluation procedures against the

Qualification Requirements for each SIN and the specific Qualification Requirements for HSPD-12

implementation components are presented at the following URL: http://www.idmanagement.gov.

(2) In addition, the National Institute of Standards and Technology (NIST) has established the NIST

Personal Identity Verification Program (NPIVP) to evaluate integrated circuit chip cards and

supplies against conformance requirements contained in FIPS 201. GSA has established the FIPS

201Evaluation Program to evaluate other supplies needed for agency implementation of HSPD-12

requirements where normative requirements are specified in FIPS 201 and to perform card and

reader interface testing for interoperability. Products that are approved as FIPS-201 compliant

through these evaluation and testing programs may be offered directly through HSPD-12 Supplies

and Services Components SIN under the category “Approved FIPS 201-Compliant Products and

services.

(d) Qualification requirements. Offerors proposing Authentication supplies and services under the

established SINs are required to provide the following:

(1) Proposed items must be determined to be compliant with Federal requirements for that SIN.

Qualification Requirements and procedures for the evaluation of supplies and services are posted at

the URL: http://www.idmanagement.gov. GSA will follow these procedures in qualifying offeror's

supplies and services against the Qualification Requirements for applicable to SIN. Offerors must

submit all documentation certification letter(s) for Authentication Supplies and Services offerings at

the same time as submission of proposal. Award will be dependent upon receipt of official

documentation from the Acquisition Program Management Office (APMO) listed below verifying

satisfactory qualification against the Qualification Requirements of the proposed SIN(s).

(2) After award, Contractor agrees that certified supplies and services will not be offered under any

other SIN on any Federal Supply Schedule

(3)

(i) If the Contractor changes the supplies or services previously qualified, GSA may require the

Contractor to resubmit the supplies or services for re-qualification.

(ii) If the Federal Government changes the qualification requirements or standards, Contractor must

resubmit the supplies and services for re-qualification.

(4) Immediately prior to making an award, Contracting Officers MUST consult the following website

to ensure that the supplies and/or services recommended for award under any Authentication
Supplies and Services SINs are in compliance with the latest APL qualification standards:

www.idmanagement.gov. A dated copy of the applicable page should be made and included with the

award documents.

(e) Demonstrating conformance.

(1) The Federal Government has established Qualification Requirements for demonstrating

conformance with the Standards. The following websites provide additional information regarding

the evaluation and qualification processes

(i) For Identify and Access Management Services (IAMS) and PKI Shared Service Provider (SSP)

Qualification Requirements and evaluation procedures: http://www.idmanagement.gov;

(ii) For HSPD-12 Product and Service Components Qualification Requirements and evaluation

procedures: http://www.idmanagement.gov;

(iii) For FIPS 201 evaluation program testing and certification procedures:

https://www.idmanagement.gov/fips201/.

(f) Acquisition Program Management Office (APMO). GSA has established the APMO to provide

centralized technical oversight and management regarding the qualification process to industry

partners and Federal agencies. Contact the following APMO for information on the eAuthentication

Qualification process. Technical, APMO, FIPS 201, and HSPD-12 Points of Contact can be found

below, or in an additional attachment to the solicitation.

[The contracting officer should insert the points of contact information below, unless otherwise

included elsewhere in the solicitation.]

*_____*

(End of clause)

552.238-110 Commercial Satellite Communication (COMSATCOM) Services.

As prescribed in 538.273 (d)(34) insert the following clause:

Commercial Satellite Communication (COMSATCOM) Services (May 2023)

(a) General background. A Special Item Number (SIN) has been established for Commercial Satellite

Communications (COMSATCOM) services, focused on transponded capacity and fixed and mobile

subscription services, to make available common COMSATCOM services to all Ordering Activities.

(b) Information assurance.

(1) The Contractor shall demonstrate, to the maximum extent practicable, the ability to meet:

(i) The Committee on National Security Systems Policy (CNSSP) 12, “National Information

Assurance Policy for Space Systems used to Support National Security Missions,” or

(ii) Department of Defense Directive (DoDD) 8581.1, “Information Assurance (IA) Policy for Space

Systems Used by the Department of Defense.”
(2) The Contractor shall demonstrate the ability to comply with the Federal Information Security

Management Act of 2002 as implemented by Federal Information Processing Standards Publication

200 (FIPS 200), “Minimum Security Requirements for Federal Information and Information

Systems.” In response to ordering activity requirements, at a minimum, all services shall meet the

requirements assigned against:

(i) A low-impact information system (per FIPS 200) that is described in the current revision of

National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53,

“Recommended Security Controls for Federal Information Systems and Organizations,” or

(ii) A Mission Assurance Category (MAC) III system that is described in the current revision of DoD

Instruction (DoDI) 8500.2, “Information Assurance Implementation.”

(3) The Contractor's information assurance boundary is where the Contractor's services connect to

the user terminals/equipment (i.e., includes satellite command encryption (ground and space);

systems used in the Satellite Operations Centers (SOCs), Network Operations Centers (NOCs) and

teleport; and terrestrial infrastructure required for service delivery).

(c) Delivery schedule. The Contractor shall deliver COMSATCOM services in accordance with

552.238-86.

(d) Portability. The Contractor shall have the capability to redeploy COMSATCOM services, subject

to availability. Portability shall be provided within the COMSATCOM Contractor's resources at any

time as requested by the ordering activity. When portability is exercised, evidence of equivalent net

present value (NPV) shall be provided by the Contractor.

(e) Flexibility/optimization. The Contractor shall have the capability to re-groom resources for

spectral, operational, or price efficiencies. Flexibility/optimization shall be provided within the

COMSATCOM Contractor's resources at any time as requested by the ordering activity. When

flexibility/optimization is exercised, evidence of equivalent net present value (NPV) shall be provided

by the Contractor. The Contractor is encouraged to submit re-grooming approaches for ordering

activity consideration that may increase efficiencies for existing COMSATCOM services.

(f) Net ready (interoperability). COMSATCOM services shall be consistent with commercial

standards and practices. Services shall have the capability to access and/or interoperate with

Government or other Commercial teleports/gateways and provide enterprise service access to or

among networks or enclaves. Interfaces may be identified as interoperable on the basis of

participation in a sponsored interoperability program.

(g) Network monitoring (Net OPS). The Contractor shall have the capability to electronically collect

and deliver near real-time monitoring, fault/incident/outage reporting, and information access to

ensure effective and efficient operations, performance, and availability, consistent with commercial

practices. Consistent with the Contractor's standard management practices, the Net Ops information

will be provided on a frequency (example: every 6 hours, daily) and format (example: SNMP, XML)

as defined in a requirement to a location/entity/electronic interface defined by the ordering activity.

Specific reporting requirements will be defined by the Ordering Activity.

(h) EMI/RFI identification, characterization, and geo-location. The Contractor shall have the

capability to collect and electronically report in near real-time Electro Magnetic Interference (EMI) /

Radio Frequency Interference (RFI) identification, characterization, and geo-location, including the

ability to identify and characterize sub-carrier EMI/RFI being transmitted underneath an authorized

carrier, and the ability to geo-locate the source of any and all EMI/RFI. The Contractor shall
establish and use with the ordering activity a mutually agreed upon media and voice

communications capability capable of protecting “Sensitive, but Unclassified” data.

(i) Security.

(1) The Contractor may be required to obtain/possess varying levels of personnel and facility

security clearances up to U.S. Government TOP SECRET/Sensitive Compartmented Information

(TS/SCI) or equivalent clearances assigned by the National Security Authority of a NATO Member

State or Major Non-NATO Ally.

(2) For incident resolution involving classified matters, the Contractor shall provide appropriately

cleared staff who can affect COMSATCOM services operations (example: satellite payload

operations, network operations). The Contractor shall provide a minimum of one operations staff

member AND a minimum of one person with the authority to commit the company if resolution

requires business impacting decisions (example: Chief Executive Officer, Chief Operations Officer,

etc.).

(3) When Communications Security or Transmission Security equipment or keying material is placed

in the equipment/terminal shelter, the Contractor shall ensure compliance with applicable physical

security directives/guidelines and that all deployed equipment/terminal operations and maintenance

personnel shall possess the appropriate clearances, equal to or higher than the classification level of

the data being transmitted. Where local regulations require use of foreign personnel for terminal

operations and maintenance, then the Contractor shall ensure compliance with applicable security

directives/guidelines and document to the U.S. Government's satisfaction that protective measures

are in place and such individuals have equivalent clearances granted by the local host nation.

(4) For classified operations security (OPSEC), the Contractor shall ensure that all personnel in

direct contact with classified OPSEC indicators (example: the unit, location, and time of operations)

have U.S. SECRET or higher personnel security clearances, or, as appropriate, equivalent clearances

assigned by the National Security Authority of a NATO Member State or Major Non-NATO Ally, in

accordance with applicable security directives and guidelines.

(5) For classified requirements, cleared satellite operator staff must have access to secure voice

communications for emergency purposes. Communications security equipment certified by the

National Security Agency (NSA) to secure unclassified and up to and including SECRET

communication transmissions at all operations centers is preferred. If a Contractor is unable to have

access to NSA-approved communications security equipment at its operations centers, then a

combination of a “Sensitive but Unclassified” (SBU) cryptographic module approved by the U.S.

National Institute for Standards and Technology and pre-arranged access to National Security

Agency-approved communications security equipment at an agreed alternate facility is acceptable.

(6) The Contractor shall have the capability to “mask” or “protect” users against unauthorized

release of identifying information to any entity that could compromise operations security.

Identifying information includes but is not limited to personal user and/or unit information including

tail numbers, unit names, unit numbers, individual names, individual contact numbers, street

addresses, etc.

(j) Third party billing for COMSATCOM subscription services.The Contractor shall identify

authorized network infrastructure for the ordering activity. In some cases, the user of the terminal

may access network infrastructure owned or operated by a third party. In the event a terminal is

used on a third party's network infrastructure, the Contractor shall provide to the ordering activity,
invoices and documentation reflecting actual usage amount and third party charges incurred. The

ordering activity shall be billed the actual third party charges incurred, or the contract third party

billing price, whichever is less.

(End of clause)

552.238-111 Environmental Protection Agency Registration Requirement.

As prescribed in 538.273 (d)(35) insert the following clause:

Environmental Protection Agency Registration Requirement (JAN 2022)

(a) With respect to the products described in this solicitation which require registration with the

Environmental Protection Agency (EPA), as required by the Federal Insecticide, Fungicide, and

Rodenticide Act, Section 3, Registration of Pesticides, awards will be made only for such products

that have been assigned an EPA registration number, prior to the time of bid opening.

(b) The offeror shall insert in the spaces provided in this section, the manufacturer's and/or

distributor's name and the “EPA Registration Number” for each item offered. Any offer which does

not specify a current “EPA Registration Number” in effect for the duration of the contract period,

and including the manufacturer's and/or distributor's name will be rejected.

Items

Item Numbers Name of Manufacturer /

Distributor

EPA Registration

Number Date of Expiration

(c) If, during the performance of a contract awarded as a result of this solicitation, the EPA

Registration Number for products being furnished is terminated, withdrawn, canceled, or

suspended, and such action does not arise out of causes beyond the control, and with the fault or

negligence of the Contractor or subcontractor, the Government may terminate the contract pursuant

to either the Default Clause or Termination for Cause Paragraph (contained in the clause 52.212-4,

Contract Terms and Conditions-Commercial Products and Commercial Services), whichever is

applicable to the resultant contract.

(End of clause)

552.238-112 Definitions—Federal Supply Schedule Contracts.

As prescribed in 538.273(d) insert the following clause:

Definitions-Federal Supply Schedule Contracts (Mar 2024)
As used in this contract,

Eligible means an entity that meets the requirements prescribed by statute, regulation, or other

authority for purposes of being able to use Federal Supply Schedule (FSS) contracts. Information

about FSS eligibility is available at https://www.gsa.gov/eligibilitydeterminations.

Ordering activity (also called “ordering agency” and “ordering office”) means an entity that is

eligible to place orders or establish blanket purchase agreements (BPA) under this contract.

(End of clause)

552.238-113 Authorities Supporting Use of Federal Supply Schedule Contracts.

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

Authorities Supporting Use of Federal Supply Schedule Contracts (Mar 2024)

(a)Ordering activities are able to use Federal Supply Schedule (FSS) contracts based upon a number

of statutes, regulations, and other authorities. Authorities allowing ordering activities use of FSS

contracts include, but are not limited to:

(1) 25 U.S.C. 1660g(e), which provides for the use by urban Indian organizations, as defined in 25

U.S.C. 1603, for the purposes of carrying out a contract or grant pursuant to 25 U.S.C. chapter 18,

subchapter IV.

(2) 25 U.S.C. 2507, which provides for the use by tribally controlled schools, as defined in 25 U.S.C.

2511, for the purposes of carrying out a grant pursuant to 25 U.S.C. chapter 27 (known as the

Tribally Controlled Schools Act).

(3) 25 U.S.C. 4111(j), which provides for the use by Indian Tribes, as defined in 25 U.S.C. 4103, and

tribally designated housing entities, as defined in 25 U.S.C. 4103, for the purposes of carrying out a

contract, grant, or cooperative agreement pursuant to 25 U.S.C. chapter 43 (known as the Native

American Housing Assistance and Self Determination Act (NAHASDA)).

(4) 25 U.S.C. 5324(k), which provides for the use by Tribal organizations, as defined in 25 U.S.C

5304, for the purposes of carrying out a contract, grant, or cooperative agreement pursuant to 25

U.S.C. chapter 46 (known as the Indian Self-Determination and Education Assistance Act (ISDEAA)).

(5) 25 U.S.C. 5370 and 25 U.S.C. 5396, which provides for the use by Indian Tribes, as defined in 25

U.S.C. 5304, for the purpose of carrying out a compact or funding agreement pursuant to 25 U.S.C.

chapter 46 (known as ISDEAA).

(6) 40 U.S.C. 113(d), which provides for the use by the Senate, the House of Representatives, and

the Architect of the Capitol (including any building, activity, or function under the direction of the

Architect of the Capitol).

(7) 40 U.S.C. 501, which provides for the use by executive agencies as defined in 5 U.S.C. 105.

(8) 40 U.S.C. 502(a), which provides for the use by Federal agencies as defined in 40 U.S.C. 102, the

District of Columbia, and mixed-ownership Government corporations as defined in 31 U.S.C. 9101.

(9) 40 U.S.C. 502(b), which provides for the use by qualified nonprofit agencies for other severely
disabled, as defined in 41 U.S.C. 8501(6), and qualified nonprofit agencies for the blind, as defined

in 41 U.S.C. 8501(7), for the purposes of making or providing to the Government a commodity or

service that has been determined by the Committee for Purchase From People Who Are Blind or

Severely Disabled under 41 U.S.C. 8503 to be suitable for procurement by the Government.

(10) 40 U.S.C. 502(c), which provides for the use by State or local governments, as defined in 40

U.S.C. 502(c)(3)(A), for the purpose of purchasing the types of supplies and services described in 40

U.S.C. 502(c). The types of supplies and services described in 40 U.S.C. 502(c) are limited to those

available in the Information Technology Category and the Security and Protection Category (or any

successor categories). The GSA program implementing this authority is the Cooperative Purchasing

program.

(11) 40 U.S.C. 502(d), which provides for the use by State or local governments, as defined in 40

U.S.C. 502(c)(3)(A), for the purposes of facilitating disaster preparedness or response, facilitating

recovery from a major disaster declared by the President under the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or facilitating recovery from

terrorism, nuclear, biological, chemical, or radiological attack. The GSA program implementing this

authority is the Disaster Purchasing program.

(12) 40 U.S.C. 502(e), which provides for the use by the American National Red Cross and other

qualified organizations, as defined in 40 U.S.C. 502(e)(3). Purchases under this authority by the

American National Red Cross shall be used in furtherance of the purposes of the American National

Red Cross set forth in 36 U.S.C. 300102. Purchases under this authority by other qualified

organizations shall be used in furtherance of purposes determined to be appropriate to facilitate

emergency preparedness and disaster relief and set forth in guidance by the Administrator of

General Services, in consultation with the Administrator of the Federal Emergency Management

Agency.

(13) 42 U.S.C. 247d, which provides for the use by State or local governments, as defined in 40

U.S.C.502(c)(3)(A), when a public health emergency has been declared by the Secretary of Health

and Human Services under section 319 of the Public Health Services Act. The GSA program

implementing this authority is the Public Health Emergencies program.

(14) FAR subpart 51.1, which provides for the use by contractors, including subcontractors, when

such use is authorized pursuant to FAR subpart 51.1.

(End of clause)

552.238-114 Use of Federal Supply Schedule Contracts by Eligible Non-Federal Entities.

As prescribed in 538.7005, insert the following clause:

Use of Federal Supply Schedule Contracts by Eligible Non-Federal Entities (Mar 2024)

(a) Definition — Non-Federal entity, as used in this clause, means any State, local, territorial, or

Tribal government, or any instrumentality thereof (including any local educational agency or

institution of higher education); and any other non-Federal organization ( e.g., a qualified nonprofit

agency as defined in 40 U.S.C. 502(b)).

(b)
Responsibilities. Eligible non-Federal entities are responsible for complying with—

(1)FSS ordering guidance. Information about GSA's FSS contracts, including ordering guidance is

available at https://www.gsa.gov/schedules; and

(2)Any conditions of the underlying authority(ies) supporting the use of FSS contracts ( e.g., 40

U.S.C. 502(c) limits purchases to specific supplies and services available under FSS contracts).

(c) Acceptance.

(1)The Contractor is encouraged, but not obligated, to accept orders from eligible non-Federal

entities under this contract. The Contractor may, within 5 business days of receipt of an order, reject

an order from an eligible non-Federal entity for any reason. However, purchase card orders must be

rejected within 24 hours of receipt of the order. Failure to reject an order within these timeframes

shall constitute acceptance.

(2)The Contractor is encouraged, but not obligated, to enter into blanket purchase agreements

(BPAs) with eligible non-Federal entities under the terms of this contract. The Contractor should

respond to any requests to enter into a BPA within 5 business days of receipt of the request.

(d) Conditions of acceptance. If the Contractor accepts an order from or enters into a BPA with an

eligible non-Federal entity under this contract, the following conditions apply:

(1)For orders, a separate contract is formed between the Contractor and the eligible non-Federal

entity (herein “the parties”). For BPAs, a separate agreement is formed between the parties.

(2)The resultant order or BPA shall incorporate by reference all the terms and conditions of this

contract except for:

(i)FAR clause 52.233-1, Disputes, and

(ii)Paragraphs (d) Disputes, (h) Patent indemnity, and (r) Compliance with laws unique to

Government contracts, of GSAR clause 552.212-4, Contract Terms and Conditions—Commercial

Products and Commercial Services.

(3)The U.S. Government is not liable for the performance or nonperformance of any order or BPA

entered into under this contract by the parties. Disputes which cannot be resolved by the parties

may be litigated in any State or Federal court with jurisdiction over the parties, applying Federal

procurement law, including statutes, regulations, and case law, and, if pertinent, the Uniform

Commercial Code. To the extent authorized by law, the parties are encouraged to resolve disputes

through alternative dispute resolution.

(4)Neither party will look to, primarily or in any secondary capacity, or file any claim against the

U.S. Government or any of its agencies with respect to any failure of performance by the other party.

(e) Additional terms and conditions. Terms and conditions required by statute, ordinance, regulation,

or as otherwise required by an eligible non-Federal entity may be made a part of an order or a BPA

to the extent that these terms and conditions do not conflict with the terms and conditions of this

contract. The Contractor should review any such additional terms and conditions prior to accepting

an order or entering into a BPA with an eligible non-Federal entity.
(f) Payment.

(1)The Contractor is responsible for obtaining all payments due to the Contractor from the eligible

non-Federal entity under the terms and conditions of the order or the BPA entered into under this

contract, without recourse to the U.S. Government or any of its agencies that awarded this contract

or administer this contract.

(2)If an eligible non-Federal entity is subject to a State prompt payment law, the terms and

conditions of the applicable State law apply to the orders placed under this contract by such entities.

If an eligible non-Federal entity is not subject to a State prompt payment law, the terms and

conditions of paragraph (i) of the GSAR clause at 552.212-4, apply to such entities in the same

manner as to Federal entities.

(g) Fee and sales reporting. The requirements of the GSAR clause at 552.238-80, Industrial Funding

Fee and Sales Reporting, apply to any sales to eligible non-Federal entities under this contract.

(End of clause)

552.238-115 Special Ordering Procedures for the Acquisition of Order-Level Materials.

As prescribed in 538.7204 (b), insert the following clause:

Special Ordering Procedures for the Acquisition of Order-Level Materials (APR 2022)

(a) Definition.

Order-level materials, as used in this clause supplies and/or services acquired in direct support of an

individual task or delivery order placed against a Federal Supply Schedule (FSS) contract or FSS

blanket purchase agreement (BPA), when the supplies and/or services are not known at the time of

Schedule contract or FSS BPA award. The prices of order-level materials are not established in the

FSS contract or FSS BPA. Order-level materials acquired following the procedures in paragraph (d)

of this clause are done so under the authority of the FSS program, pursuant to 41 U.S.C. 152(3), and

are not open market items, which are discussed in FAR 8.402(f).

(b) FAR 8.403(b) provides that GSA may establish special ordering procedures for a particular FSS.

(c) The procedures in FAR subpart 8.4 apply to this contract, with the exceptions listed in this

clause. If a requirement in this clause is inconsistent with FAR subpart 8.4, this clause takes

precedence pursuant to FAR 8.403(b).

(d) Procedures for including order-level materials when placing an individual task or delivery order

against an FSS contract or FSS BPA.

(1) The procedures discussed in FAR 8.402(f) do not apply when placing task and delivery orders

that include order-level materials.

(2) Order-level materials are included in the definition of the term “material” in FAR clause 52.212-4

Alternate I, and, therefore, all provisions of FAR clause 52.212-4 Alternate I that apply to “materials”

also apply to order-level materials.

(3) Order-level materials shall only be acquired in direct support of an individual task or delivery

order and not as the primary basis or purpose of the order.
(4) The value of order-level materials in a task or delivery order, or the cumulative value of orderlevel materials in orders against an FSS BPA awarded under a FSS Contract shall not exceed

33.33%.

(5) All order-level materials shall be placed under the Order-Level Materials SIN.

(6) Prior to the placement of an order that includes order-level materials, the Ordering Activity shall

follow the procedures in FAR 8.404(h).

(7) To support the price reasonableness of order-level materials–

(i) The Contractor proposing order-level materials as part of a solution shall obtain a minimum of

three quotes for each order-level material above the simplified acquisition threshold.

(A) One of these three quotes may include materials furnished by the Contractor under paragraph

(i)(1)(ii)(A) of FAR clause 52.212-4 Alternate I.

(B) If the Contractor cannot obtain three quotes, the Contractor shall maintain its documentation of

why three quotes could not be obtained to support their determination.

(C) A Contractor with an approved purchasing system, per FAR subpart 44.3, shall instead follow its

purchasing system requirement and is exempt from the requirements in paragraphs (d)(7)(i)(A)

through (B) of this clause.

(ii) The Ordering Activity Contracting Officer must make a determination that prices for all orderlevel materials are fair and reasonable. The Ordering Activity Contracting Officer may base this

determination on a comparison of the quotes received in response to the task or delivery order

solicitation or other relevant pricing information available.

(iii) If indirect costs are approved per paragraph (i)(1)(ii)(D)(2) of FAR clause 52.212-4 Alternate I,

the Ordering Activity Contracting Officer must make a determination that all indirect costs approved

for payment are fair and reasonable. Supporting data shall be submitted in a form acceptable to the

Ordering Activity Contracting Officer.

(8) Prior to an increase in the ceiling price of order-level materials, the Ordering Activity

Contracting Officer shall follow the procedures at FAR 8.404(h)(3)(iv).

(9) In accordance with GSAR clause 552.238-83, Examination of Records by GSA (Federal Supply

Schedules), GSA has the authority to examine the Contractor's records for compliance with the

pricing provisions in FAR clause 52.212-4 Alternate I, to include examination of any books,

documents, papers, and records involving transactions related to the contract for overbillings, billing

errors, and compliance with the Industrial Funding Fee (IFF) and the Sales Reporting clauses of the

contract.

(10) Order-level materials are exempt from the following clauses:

(i) 552.216-70 Economic Price Adjustment - FSS Multiple Award Schedule Contracts.

(ii) 552.238-77 Submission and Distribution of Authorized Federal Supply Schedule (FSS) Price

Lists.

(iii) 552.238-81 Price Reductions.
(End of clause)

552.238-116 Option to Extend the Term of the FSS Contract.

As prescribed in 538.273 (d)(36), insert the following clause:

OPTION TO EXTEND THE TERM OF THE FSS CONTRACT (MAR 2022)

(a)The Government may require continued performance of this contract for an additional 5 year

period. This option may be exercised up to three times.

(b)The Contracting Officer may exercise the option by providing written notice to the Contractor 30

days before the contract expires

(End of clause)

552.238-117 Price Adjustment—Failure to Provide Accurate Information

As prescribed in 538.273(d)(37), insert the following clause:

PRICE ADJUSTMENT—FAILURE TO PROVIDE ACCURATE INFORMATION (OCT 2023)

(a)The Government, at its election, may reduce the price of this contract or contract modification if

the Contracting Officer determines after award of this contract or contract modification that the

price negotiated was increased by a significant amount because the Contractor failed to:

(1)Provide information required by this solicitation/contract or otherwise requested by the

Government; or

(2)Submit information that was current, accurate, and complete; or

(3)Disclose changes in the Contractor’s commercial pricelist(s), discounts or discounting policies

which occurred after the original submission and prior to the completion of negotiations.

(b)The Government will consider information submitted to be current, accurate and complete if the

data is current, accurate and complete as of 14 calendar days prior to the date it is submitted.

(c)If any reduction in the contract price under this clause reduces the price for items for which

payment was made prior to the date of the modification reflecting the price reduction, the

Contractor shall be liable to and shall pay the United States—

(1)The amount of the overpayment; and

(2)Simple interest on the amount of such overpayment to be computed from the date(s) of

overpayment to the Contractor to the date the Government is repaid by the Contractor at the

applicable underpayment rate effective each quarter prescribed by the Secretary of Treasury under

26 U.S.C.6621(a)(2).

(d)Failure to agree on the amount of the decrease shall be resolved as a dispute.

(e)In addition to the remedy in paragraph (a) of this clause, the Government may terminate this
contract for default. The rights and remedies of the Government specified herein are not exclusive,

and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

552.239 [Reserved]

552.240 [Reserved]

552.241 [Reserved]

552.241-70 Availability of Funds for the Next Fiscal Year or Quarter.

As prescribed in 541.501 (a), insert the following:

Availability of Funds for the Next Fiscal Year or Quarter (AUG 2010) (Deviation FAR 52.232-19)

Funds are not presently available for performance under this contract beyond ________. The

Government’s obligation for performance of this contract beyond that date is contingent upon the

availability of appropriated funds from which payment for contract purposes can be made. No legal

liability on the part of the Government for any payment may arise for performance under this

contract beyond ________, until funds are made available to the Contracting Officer for performance

and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting

Officer.

(End of clause)

552.241-71 Disputes (Utility Contracts).

As prescribed in 541.501 (b), insert the following clause:

Disputes (Utility Contracts) (Aug 2010)

The requirements of the Disputes clause at FAR 52.233-1 are supplemented to provide that matters

involving the interpretation of tariffed retail rates, tariff rate schedules, and tariffed terms provided

under this contract are subject to the jurisdiction and regulation of the utility rate commission

having jurisdiction.

(End of clause)

552.242 [Reserved]

552.242-70 Status Report of Orders and Shipments.

As prescribed in 542.1107 , insert the following clause:
Status Report of Orders and Shipments (FEB 2009)

(a)The Contractor shall furnish to the Administrative Contracting Officer (ACO) a report covering

orders received and shipments made during each calendar month of contract performance. The

information required by the Government shall be reported on GSAForm1678, Status Report of

Orders and Shipments, in accordance with instructions on the form. The information required by the

GSAForm1678 may also be submitted in an automated printout form if authorized by the ACO.

Alternatively, the required information may be reported by electronic data interchange using ANSI

standards. For further information, contact GSA, Contract Administration Division. Reports shall be

forwarded to the ACO no later than the seventh workday of the succeeding month.

(b)A copy of GSA Form 1678 will be forwarded to the Contractor with the contract. Additional copies

of the form, if needed, may be reproduced by the Contractor.

(End of clause)

552.243 [Reserved]

552.243-71 Equitable Adjustments.

As prescribed in 543.205 , insert the following clause:

Equitable Adjustments (Mar 2019)

(a) This clause governs the determination of equitable adjustments to which the Contractor may be

entitled under the “Changes” clause prescribed by FAR 52.243-4, the “Changes and Changed

Conditions” clause prescribed by FAR 52.243-5, the “Differing Site Conditions” clause prescribed by

FAR 52.236-2, and any other provision of this contract allowing entitlement to an equitable

adjustment. This clause does not govern determination of the Contractor’s relief allowable under the

“Suspension of Work” clause prescribed by FAR 52.242-14.

(b) At the written request of the Contracting Officer, the Contractor shall submit a proposal, in

accordance with the requirements set forth herein, for an equitable adjustment to the contract for

changes or other conditions that may entitle a Contractor to an equitable adjustment. If the

Contractor deems an oral or written order to be a change to the contract, it shall promptly submit to

the Contracting Officer a proposal for equitable adjustment attributable to such deemed change. The

proposal shall also conform to the requirements set forth herein.

(c) The proposal shall be submitted within the time specified in the “Changes”, “Changes and

Changed Conditions”, or “Differing Site Conditions” clause, as applicable, or such other time as may

reasonably be required by the Contracting Officer.

(d) Proposals for equitable adjustments, including no cost requests for adjustment of the contract’s

required completion date, shall include a detailed breakdown of the following elements, as

applicable:

(1) Direct Costs.

(2) Markups.

(3) Change to the time for completion specified in the contract.
(e) Direct Costs. The Contractor shall separately identify each item of deleted and added work

associated with the change or other condition giving rise to entitlement to an equitable adjustment,

including increases or decreases to unchanged work impacted by the change. For each item of work

so identified, the Contractor shall propose for itself and, if applicable, its first two tiers of

subcontractors, the following direct costs:

(1) Material cost broken down by trade, supplier, material description, quantity of material units,

and unit cost (including all manufacturing burden associated with material fabrication and cost of

delivery to site, unless separately itemized);

(2) Labor cost broken down by trade, employer, occupation, quantity of labor hours, and burdened

hourly labor rate, together with itemization of applied labor burdens (exclusive of employer’s

overhead, profit, and any labor cost burdens carried in employer’s overhead rate);

(3) Cost of equipment required to perform the work, identified with material to be placed or

operation to be performed;

(4) Cost of preparation and/or revision to shop drawings and other submittals with detail set forth in

paragraphs (e)(1) and (e)(2) of this clause;

(5) Delivery costs, if not included in material unit costs;

(6) Time-related costs not separately identified as direct costs, and not included in the Contractor’s

or subcontractors’ overhead rates, as specified in paragraph (g) of this clause; and

(7) Other direct costs.

(f) Marked-up costs of subcontractors below the second tier may be treated as other direct costs of a

second tier subcontractor, unless the Contracting Officer requires a detailed breakdown under

paragraph (i) of this clause.

(g) Extensions of Time and Time-related Costs. The Contractor shall propose a daily rate for each

firm’s time-related costs during the affected period, and, for each firm, the increase or decrease in

the number of work days of performance attributable to the change or other condition giving rise to

entitlement to an equitable adjustment, with supporting analysis. Entitlement to time and timerelated costs shall be determined as follows:

(1) Increases or decreases to a firm’s time-related costs shall be allowed only if such increase or

decrease necessarily and exclusively results from the change or other condition giving rise to

entitlement to an equitable adjustment.

(2) The Contractor shall not be entitled to an extension of time or recovery of its own time-related

costs except to the extent that such change or other condition necessarily and exclusively causes its

duration of performance to extend beyond the completion date specified in the contract.

(3) Costs may be characterized as time-related costs only if they are incurred solely to support

performance of this contract and the increase or decrease in such costs is solely dependent upon the

duration of a firm’s performance of work.

(4) Costs may not be characterized as time-related costs if they are included in the calculation of a

firm’s overhead rate.

(5) Equitable adjustment of time and time-related costs shall not be allowed unless the analysis
supporting the proposal complies with provisions specified elsewhere in this contract regarding the

Contractor’s project schedule.

(h) Markups. For each firm whose direct costs are separately identified in the proposal, the

Contractor shall propose an overhead rate, profit rate, and where applicable, a bond rate and

insurance rate. Markups shall be determined and applied as follows:

(1) Overhead rates shall be negotiated, and may be subject to audit and adjustment.

(2) Profit rates shall be negotiated, but shall not exceed ten percent, unless entitlement to a higher

rate of profit may be demonstrated.

(3) The Contractor and its subcontractor[s] shall not be allowed overhead or profit on the overhead

or profit received by a subcontractor, except to the extent that the subcontractor’s costs are

properly included in other direct costs as specified in paragraph (f) of this clause.

(4) Overhead rates shall be applied to the direct costs of work performed by a firm, and shall not be

allowed on the direct costs of work performed by a subcontractor to that firm at any tier except as

set forth below in paragraphs (h)(6) and (h)(7) of this clause.

(5) Profit rates shall be applied to the sum of a firm’s direct costs and the overhead allowed on the

direct costs of work performed by that firm.

(6) Overhead and profit shall be allowed on the direct costs of work performed by a subcontractor

within two tiers of a firm at rates equal to only fifty percent of the overhead and profit rates

negotiated pursuant to paragraphs (h)(1) and (h)(2) of this clause for that firm, but not in excess of

ten percent when combined.

(7) Overhead and profit shall not be allowed on the direct costs of a subcontractor more than two

tiers below the firm claiming overhead and profit for subcontractor direct costs.

(8) If changes to a Contractor’s or subcontractor’s bond or insurance premiums are computed as a

percentage of the gross change in contract value, markups for bond and insurance shall be applied

after all overhead and profit is applied. Bond and insurance rates shall not be applied if the

associated costs are included in the calculation of a firm’s overhead rate.

(9) No markup shall be applied to a firm’s costs other than those specified herein.

(i) At the request of the Contracting Officer, the Contractor shall provide such other information as

may be reasonably necessary to allow evaluation of the proposal. If the proposal includes significant

costs incurred by a subcontractor below the second tier, the Contracting Officer may require the

same detail for those costs as required for the first two tiers of subcontractors, and markups shall be

applied to these subcontractor costs in accordance with paragraph (h).

(j) Proposal Preparation Costs. If performed by the firm claiming them, proposal preparations costs

shall be included in the labor hours proposed as direct costs. If performed by an outside consultant

or law firm, proposal preparation costs shall be treated as other direct costs to the firm incurring

them. Requests for proposal preparation costs shall include the following:

(1) A copy of the contract or other documentation identifying the consultant or firm, the scope of the

services performed, the manner in which the consultant or firm was to be compensated, and if

compensation was paid on an hourly basis, the fully burdened and marked-up hourly rates for the

services provided.
(2) If compensation was paid on an hourly basis, documentation of the quantity of hours worked,

including descriptions of the activities for which the hours were billed, and applicable rates.

(3) Written proof of payment of the costs requested. The sufficiency of the proof shall be determined

by the Contracting Officer.

(k) Proposal preparation costs shall be allowed only if—

(1) The nature and complexity of the change or other condition giving rise to entitlement to an

equitable adjustment warrants estimating, scheduling, or other effort not reasonably foreseeable at

the time of contract award;

(2) Proposed costs are not included in a firm’s time-related costs or overhead rate; and

(3) Proposed costs were incurred prior to a Contracting Officer’s unilateral determination of an

equitable adjustment under the conditions set forth in paragraph (o), or were incurred prior to the

time the request for equitable adjustment otherwise became a matter in dispute.

(l) Proposed direct costs, markups, and proposal preparation costs shall be allowable in the

determination of an equitable adjustment only if they are reasonable and otherwise consistent with

the contract cost principles and procedures set forth in 31 of the Federal Acquisition Regulation (48

CFR 31) in effect on the date of this contract. Characterization of costs as direct costs, time-related

costs, or overhead costs must be consistent with the requesting firm’s accounting practices on other

work under this contract and other contracts.

(m) If the Contracting Officer determines that it is in the Government’s interest that the Contractor

proceed with a change before negotiation of an equitable adjustment is completed, the Contracting

Officer may order the Contractor to proceed on the basis of a unilateral modification to the contract

increasing or decreasing the contract price by an amount to be determined later. Such increase or

decrease shall not exceed the increase or decrease proposed by the Contractor.

(n) If the parties cannot agree to an equitable adjustment, the Contracting Officer may determine

the equitable adjustment unilaterally.

(o) The Contractor shall not be entitled to any proposal preparation costs incurred subsequent to the

date of a unilateral determination or denial of the request if the Contracting Officer issues a

unilateral determination or denial under any of the following circumstances:

(1) The Contractor fails to submit a proposal within the time required by this contract or such time

as may reasonably be required by the Contracting Officer.

(2) The Contractor fails to submit additional information requested by the Contracting Officer within

the time reasonably required.

(3) Agreement to an equitable adjustment cannot be reached within 60 days of submission of the

Contractor’s proposal or receipt of additional requested information, despite the Contracting

Officer’s diligent efforts to negotiate the equitable adjustment.

(End of clause)
552.246 [Reserved]

552.246-70 Source Inspection by Quality Approved Manufacturer.

As prescribed in 546.302-70 , insert the following clause:

Source Inspection by Quality Approved Manufacturer (Jul 2009)

(a) Inspection system and inspection facilities.

(1) The inspection system maintained by the Contractor under the Inspection of Supplies—Fixed

Price clause (FAR 52.246-2) of this contract shall be maintained throughout the contract period.

Unless otherwise authorized in writing by the Contracting Officer, the Contractor shall comply with

all requirements of editions in effect on the date of the solicitation of either Federal Standard 368 or

the International Organization for Standardization (ISO) Standard 9001:2000 (Quality Management

Systems—Requirements). A documented description of the inspection system shall be made available

to the Government before contract award. At the sole discretion of the Contracting Officer, he/she

may authorize in writing exceptions to the quality assurance standards identified above. The

Contractor shall immediately notify the Administrative Contracting Officer (ACO) of any changes

made in the inspection system during the contract period. As used herein, the term “inspection

system” means the Contractor’s own facility or any other facility acceptable to the Government that

will be used to perform inspections or tests of materials and components before incorporation into

end articles and for inspection of such end articles before shipment. When the manufacturing plant

is located outside of the United States, the Contractor shall arrange delivery of the items from a

plant or warehouse located in the United States (including Puerto Rico and the U.S. Virgin Islands)

equipped to perform all inspections and tests required by the contract or specifications to evidence

conformance therewith, or shall arrange with a testing laboratory or other facility in the United

States, acceptable to the Government, to perform the required inspections and tests.

(2) In addition to the requirements in Federal Standard 368, ISO 9001:2000 or as otherwise

approved by the Government, records shall include the date inspection and testing were performed.

These records shall be available for (i) 3 years after final payment; or (ii) 4 years from the end of the

Contractor’s fiscal year in which the record was created, whichever period expires first.

(3) Offerors are required to specify, in the space provided elsewhere in this solicitation, the name

and address of each manufacturing plant or other facility where supplies will be available for

inspection, indicating the item number(s) to which each applies.

(4) The Contractor shall provide the Administrative Contracting Officer ACO with the name(s) of the

individual and an alternate responsible for the inspection system. In the event that the designated

individual(s) becomes unavailable to oversee the inspection system, the Contractor, within 10

calendar days of such event, shall provide the ACO with the names of the replacement individual(s).

(b) Inspection by the Contractor.The Contractor is required to demonstrate that the supplies in the

shipment have been subject to and have passed all inspections and tests required by the contract

and meet the requirements of the contract.

(c) Inspection by Government personnel.
(1) Although the Government will normally rely upon the Contractor’s representation as to the

quality of supplies shipped, it reserves the right under the Inspection of Supplies—Fixed Price clause

to inspect and test all supplies called for by this contract, before acceptance, at all times and places,

including the point of manufacture. When the Government notifies the Contractor of its intent to

inspect supplies before shipment, the Contractor shall notify or arrange for subcontractors to notify

the designated GSA quality assurance office 7 workdays before the date when supplies will be ready

for inspection. Shipment shall not be made until inspection by the Government is completed and

shipment is authorized by the Government.

(2) The offeror shall indicate, in the spaces provided below, the location(s) at which the supplies will

be inspected or made available for inspection.

INSPECTION POINT

ITEM NO(S) NAME OF

MANUFACTURER

NAME, ADDRESS

(Including

County), and

TELEPHONE

NUMBER

____________ ____________ ____________ ____________

____________ ____________ ____________ ____________

____________ ____________ ____________ ____________

NOTE: If additional space is needed, the offeror may furnish the requested information by an

attachment to the offer.

(3) During the contract period, a Government representative may periodically select samples of

supplies produced under this contract for Government verification, inspection, and testing. Samples

selected for testing will be disposed of as follows: Samples from an accepted lot, not damaged in the

testing process, will be returned promptly to the Contractor after completion of tests. Samples

damaged in the testing process will be disposed of as requested by the Contractor. Samples from a

rejected lot will be returned to the Contractor or disposed of in a time and manner agreeable to both

the Contractor and the Government.

(d) Quality deficiencies.

(1) Notwithstanding any other clause of this contract concerning the conclusiveness of acceptance

by the Government, any supplies or production lots shipped under this contract found to be defective

in material or workmanship, or otherwise not in conformity with the requirements of this contract

within a period of _____* months after acceptance shall, at the Government’s option, be replaced,

repaired, or otherwise corrected by the Contractor at no cost to the Government within 30 calendar

days (or such longer period as the Contracting Officer may authorize in writing) after receipt of

notice to replace or correct. The Contractor shall remove, at its own expense, supplies rejected or

required to be replaced, repaired, or corrected. When the nature of the defect affects an entire

batch or lot of supplies, and the Contracting Officer determines that correction can best be

accomplished by retaining the nonconforming supplies, and reducing the contract price by an
equitable amount under the circumstances, then the equitable price adjustment shall apply to the

entire batch or lot of supplies from which the nonconforming item was taken.

(2) The Contractor may be issued a Quality Deficiency Notice (QDN) if:

(i) Supplies in process, shipped, or awaiting shipment to fill Government orders are found not to

comply with contract requirements, or

(ii) deficiencies in either plant quality or process controls are found. Upon receipt of a QDN, the

Contractor shall take immediate corrective action and shall suspend shipment of the supplies

covered by the QDN until such time as corrective action has been completed. The Contractor shall

notify the Government representative, within 5 workdays, of the action plan or the corrective action

taken. The Government may elect to verify the corrective action at the Contractor location(s).

Shipments of nonconforming supplies will be returned at the Contractor’s expense and may

constitute cause for termination of the contract. Delays due to the insurance of a QDN do not

constitute excusable delay under the default clause of this contract. Failure to complete corrective

action in a timely manner may result in termination of the contract.

(3) This contract may be terminated for default if subsequent Government inspection discloses that

plant quality or process controls are not being maintained, supplies that do not meet the

requirements of the contract are being shipped, or if the contractor fails to comply with any other

requirement of this clause.

(e) Additional cost for inspection and testing. The Contractor shall be charged for any additional cost

of inspection/testing or reinspecting/retesting supplies for the reasons stated in paragraph (e) of

FAR 52.246-2, Inspection of Supplies-Fixed Price. When inspection or testing is performed by or

under the direction of GSA, charges will be at the rate of $ _____* per man-hour or fraction thereof if

the inspection is at a GSA distribution center; $ _____* per man-hour or fraction thereof, plus travel

costs incurred, if the inspection is at any other location; and $ _____* per man-hour or fraction

thereof for laboratory testing, except that when a testing facility other than a GSA laboratory

performs all or part of the required tests, the Contractor shall be assessed the actual cost incurred

by the Government as a result of testing at such facility. When inspection is performed by or under

the direction of any agency other than GSA, the charges indicated above may be used, or the agency

may assess the actual cost of performing the inspection and testing.

(f) Responsibility for rejected supplies. When the Contractor fails to remove or provide instructions

for the removal of rejected supplies under paragraph(d) of this clause, pursuant to the Contracting

Officer’s instructions, the Contractor shall be liable for all costs incurred by the Government in

taking such measures as are expedient to avoid unnecessary loss to the Contractor. In addition to

the remedies provided in FAR 52.246-2, supplies may be—

(1) Stored and charged against the Contractor’s account;

(2) Reshipped to the Contractor at its expense (any additional expense incurred by the Government

or the freight carrier caused by the refusal of the Contractor to accept their return shall also be

charged against the Contractor’s account);

(3) Sold to the highest bidder on the open market and the proceeds applied against the accumulated

storage and other costs, including the cost of the sale; or

(4) Otherwise disposed of by the Government.

(g) Subcontracting requirements. The Contractor shall insert in any subcontracts the inspection or
testing provisions set forth in paragraphs (a) through (d) of this clause and the Inspection of

Supplies—Fixed Price clause of this contract. The Contractor shall be responsible for compliance by

any subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause and the

Inspection of Supplies—Fixed Price clause.

* Normally insert 12 months as the period during which defective or otherwise nonconforming

supplies must be replaced. However, when the supplies being bought have a shelf life of less than 1

year, you should use the shelf-life period, or in the instance where you reasonably expect a longer

period to be available, you should use the longer period.

** The rates to be inserted are established by the Commissioner of the Federal Acquisition Service

or a designee.

(End of clause)

552.246-71 Source Inspection by Government.

As prescribed in 546.302-71 , insert the following clause:

Source Inspection by Government (JUN 2009)

(a) Inspection by Government personnel.

(1) Supplies to be furnished under this contract will be inspected at source by the Government

before shipment from the manufacturing plant or other facility designated by the Contractor, unless

the Contractor is otherwise notified in writing by the Contracting Officer or a designated

representative. Notwithstanding the foregoing, the Government may perform any or all tests

contained in the contract specifications at a Government facility without prior written notice by the

Contracting Officer before release of the supplies for shipment. Samples sent to a Government

testing facility will be disposed of as follows: Samples from an accepted lot, not damaged in the

testing process, will be returned promptly to the Contractor after completion of tests. Samples

damaged in the testing process will be disposed of as requested by the Contractor. Samples from a

rejected lot will be returned to the Contractor or disposed of in a time and manner agreeable to both

the Contractor and the Government.

(2) Government inspection responsibility will be assigned to the GSA quality assurance office which

has jurisdiction over the State in which the Contractor’s or subcontractor’s plant or other designated

point for inspection is located. The Contractor shall notify or arrange for subcontractors to notify the

designated GSA quality assurance office 7 workdays before the date when supplies will be ready for

inspection. Shipment shall not be made until after inspection by the Government is completed and

shipment is authorized by the Government.

(b) Inspection and receiving reports. For each shipment, the Contractor shall be responsible for

preparation and distribution of inspection documents as follows: (1) DD Form 250, Material

Inspection and Receiving Report, or computer formatted equivalent for deliveries to military

agencies; or (2) GSA Form 308, Notice of Inspection for deliveries to GSA or other civilian agencies.

When required, the Contractor will be furnished a supply of GSA Form 308 and/or DD Form 250, and

complete instructions for their preparation and distribution.

(c) Inspection facilities.
(1) The inspection system required to be maintained by the Contractor in accordance with FAR

52.246-2, Inspection of Supplies—Fixed Price, may be the Contractor’s own facilities or any other

facilities acceptable to the Government. These facilities shall be utilized to perform all inspections

and tests of materials and components before incorporation into end articles, and for the inspection

of such end articles before shipment. The Government reserves the right to evaluate the

acceptability and effectiveness of the Contractor’s inspection system before award and periodically

during the contract period.

(2) Offerors are required to specify, in the spaces provided elsewhere in the solicitation, the name

and address of each manufacturing plant or other facility where supplies will be available for

inspection, indicating the item number(s) to which each applies.

(3) The Contractor shall deliver the items specified in this contract from a plant or warehouse

located within the United States (including Puerto Rico and the U.S. Virgin Islands) that is equipped

to perform all inspections and tests required by this contract or specifications to evidence

conformance therewith, or shall arrange with a testing laboratory or other facility in the United

States, acceptable to the Government, to perform the required inspections and tests.

(d) Availability of records.

(1) In addition to any other requirement of this contract, the Contractor shall maintain records

showing the following information for each order received under the contract:

(i) Order number;

(ii) Date order received by the Contractor;

(iii) Quantity ordered;

(iv) Date scheduled into production;

(v) Batch or lot number, if applicable;

(vi) Date inspected and/or tested;

(vii) Date available for shipment;

(viii) Date shipped or date service completed; and

(ix) National Stock Number (NSN), or if none is provided in the contract, the applicable item number

or other contractual identification.

(2) These records should be maintained at the point of source inspection and shall be available to the

Contracting Officer, or an authorized representative, for (i) 3 years after final payment; or (ii) 4

years from the end of the Contractor’s fiscal year in which the record was created, whichever period

expires first.

(e) Additional cost for inspection and testing. The Contractor will be charged for any additional cost

for inspecting/testing or reinspection/ retesting supplies for the reasons stated in paragraph (e) of

FAR 52.246-2, Inspection of Supplies—Fixed Price. When inspection or testing is performed by or

under the direction of GSA, charges will be at the rate of $_____* per man-hour or fraction thereof if

the inspection is at a GSA distribution center; $ _____* per man-hour or fraction thereof, plus travel
costs incurred, if the inspection is at any other location; and $_____* per man-hour or fraction thereof

for laboratory testing, except that when a testing facility other than a GSA laboratory performs all or

part of the required tests, the Contractor shall be assessed the actual cost incurred by the

Government as a result of testing at such facility. When inspection is performed by or under the

direction of any agency other than GSA, the charges indicated above may be used, or the agency

may assess the actual cost of performing the inspection and testing.

(f) Responsibility for rejected supplies. When the Contractor fails to remove or provide instructions

for the removal of rejected supplies under FAR 52.246-2(h) pursuant to the Contracting Officer’s

instructions, the Contractor shall be liable for all costs incurred by the Government in taking such

measures as are expedient to avoid unnecessary loss to the Contractor. In addition to the remedies

provided in FAR 52.246-2, supplies may be—

(1) Stored for the Contractor’s account;

(2) Reshipped to the Contractor at its expense (any additional expense incurred by the Government

or the freight carrier caused by the refusal of the Contractor to accept their return also shall be for

the Contractor’s account); or

(3) Sold to the highest bidder on the open market and the proceeds applied against the accumulated

storage and other costs, including the cost of the sale.

*The rates to be inserted are established by the Commissioner of the Federal Acquisition Service or

a designee.

(End of clause)

552.246-72 Final Inspection and Tests.

As prescribed in 546.312 , insert the following clause:

Final Inspection and Tests (Sep 1999)

The Contractor shall give written notice to the Contracting Officer at least 10calendar days before

the date the work will be completed and ready for final inspection and tests. Final inspection and

tests will begin within 10calendar days after the date specified in the Contractor’s notice unless the

Contracting Officer determines that the work is not ready for final inspection and so informs the

Contractor.

(End of clause)

552.246-77 Additional Contract Warranty Provisions for Supplies of a Noncomplex Nature.

As prescribed in 546.710 , insert the following clause:

Additional Contract Warranty Provisions for Supplies of a Noncomplex Nature (JUL 2009)

(a) Definitions. Correction, as used in this clause, means the elimination of a defect.

(b) Contractor’s obligations. When return, correction, or replacement is required, the Contractor
shall be responsible for all costs attendant to the return, correction, or replacement of the

nonconforming supplies. Any removal in connection with the above shall be done by the Contractor

at its expense.

(c) Remedies available to the Government. When the nature of the defect in the nonconforming item

is such that the defect affects an entire batch or lot of material, then the equitable price adjustment

shall apply to the entire batch or lot of material from which the nonconforming item was taken.

(End of clause)

552.246-78 Inspection at Destination.

As prescribed in 546.302-72 insert the following clause:

Inspection at Destination (JUL 2009)

Inspection of all purchases under this contract will be made at destination by an authorized

Government representative.

552.252 [Reserved]

552.252-5 Authorized Deviations in Provisions.

As prescribed in 552.107-70 (a), insert the following provision:

Authorized Deviations in Provisions (NOV 2021) (Deviation FAR 52.252-5)

(a) Deviations to FAR provisions. This solicitation identifies any authorized deviation to a Federal

Acquisition Regulation (FAR) (48 CFR chapter 1) provision by—

(1) The addition of “(DEVIATION)” after the date of the FAR provision when an authorized deviation

to a FAR provision is being used, and

(2) The addition of “(DEVIATION FAR (provision number))” after the date of the GSAR provision

when a GSAR provision is being used in lieu of a FAR provision.

(b) Deviations to GSAR provisions. This solicitation identifies any authorized deviation to a General

Services Administration Acquisition Regulation (GSAR) (48 CFR chapter 5) provision by the addition

of “(DEVIATION)” after the date of the provision.

(c) “Substantially the same as” provisions. Changes in wording of provisions prescribed for use on a

“substantially the same as” basis are not considered deviations.

(End of provision)

552.252-6 Authorized Deviations in Clauses.

As prescribed in 552.107-70 (b), insert the following clause:
Authorized Deviations in Clauses (NOV 2021) (Deviation FAR 52.252-6)

(a) Deviations to FAR clauses. This solicitation or contract identifies any authorized deviation to a

Federal Acquisition Regulation (FAR) (48 CFR chapter 1) clause by—

(1) The addition of “(DEVIATION)” after the date of the FAR clause when an authorized deviation to

a FAR clause is being used, and

(2) The addition of “(DEVIATION FAR (clause number))” after the date of the GSAR clause when a

GSAR clause is being used in lieu of a FAR clause.

(b) Deviations to GSAR clauses. This solicitation or contract identifies any authorized deviation to a

General Services Administration Acquisition Regulation (GSAR) (48 CFR chapter 5) clause by the

addition of “(DEVIATION)” after the date of the clause.

(c) “Substantially the same as” clauses. Changes in wording of clauses prescribed for use on a

“substantially the same as” basis are not considered deviations.

(End of clause)

552.270 [Reserved]

552.270-1 Instructions to Offerors—Acquisition of Leasehold Interests in Real Property.

As prescribed in 570.702 , insert the following provision:

Instructions to Offerors—Acquisition of Leasehold Interests in Real Property (Jun 2011)

(a) Definitions. As used in this provision—

“Discussions” are negotiations that occur after establishment of the competitive range that may, at

the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing, writing or written” means any worded or numbered expression that can be read,

reproduced, and later communicated, and includes electronically transmitted and stored

information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and

time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request

of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified,

and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday,

Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not

amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this

solicitation by the date and time specified in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals.

(1)Unless other methods (e.g.,electronic commerce or facsimile) are permitted in the solicitation,

proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or

packages Offers must be:

(i)Submitted on the forms prescribed and furnished by the Government as a part of this solicitation

or on copies of those forms, and

(ii)Signed. The person signing an offer must initial each erasure or change appearing on any offer

form. If the offeror is a partnership, the names of the partners composing the firm must be included

with the offer.

(2) Late proposals and revisions.

(i)The Government will not consider any proposal received at the office designated in the solicitation

after the exact time specified for receipt of offers unless it is received before the Government makes

award and it meets at least one of the following conditions:

(A)It was sent by registered or certified mail not later than the calendar day before the date

specified for receipt of offers (e.g.,an offer submitted in response to a solicitation requiring receipt

of offers by the 20th of the month must have been mailed by the 15th).

(B)It was sent by mail (or telegram or facsimile, if authorized) or hand-carried (including delivery by

a commercial carrier) if it is determined by the Government that the late receipt was due primarily

to Government mishandling after receipt at the Government installation.

(C)It was sent by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee, not

later than 5:00p.m. at the place of mailing two working days prior to the date specified for receipt of

proposals. The term “working days” excludes weekends and U.S. Federal holidays.

(D)It was transmitted through an electronic commerce method authorized by the solicitation and

was received at the initial point of entry to the Government infrastructure not later than 5:00p.m.

one working day prior to the date specified for receipt of proposals.

(E)There is acceptable evidence to establish that it was received at the activity designated for

receipt of offers and was under the Government’s control prior to the time set for receipt of offers,

and that the Contracting Officer determines that accepting the late offer would not unduly delay the

procurement.

(F)It is the only proposal received.

(ii)Any modification or revision of a proposal or response to request for information, including any

final proposal revision, is subject to the same conditions as in paragraphs(c)(2)(i)(A) through

(c)(2)(i)(E) of this provision.

(iii)The only acceptable evidence to establish the date of mailing of a late proposal or modification or

revision sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark

both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal

Service. Both postmarks must show a legible date or the proposal, response to a request for

information, or modification or revision shall be processed as if mailed late. “Postmark” means a

printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression)
that is readily identifiable without further action as having been supplied and affixed by employees

of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors or respondents

should request the postal clerk to place a legible hand cancellation bull’s eye postmark on both the

receipt and the envelope or wrapper.

(iv)Acceptable evidence to establish the time of receipt at the Government installation includes the

time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt

maintained by the installation, or oral testimony or statements of Government personnel.

(v)The only acceptable evidence to establish the date of mailing of a late offer, modification or

revision, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date

entered by the post office receiving clerk on the “Express Mail Next Day Service-Post Office to

Addressee” label and the postmark on both the envelope or wrapper and on the original receipt from

the U.S. Postal Service. “Postmark” has the same meaning as defined in paragraph(c)(2)(iii) of this

provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors or respondents

should request the postal clerk to place a legible hand cancellation bull’s eye postmark on both the

receipt and the envelope or wrapper.

(vi)Notwithstanding paragraph(c)(2)(i) of this provision, a late modification or revision of an

otherwise successful proposal that makes its terms more favorable to the Government will be

considered at any time it is received and may be accepted.

(vii)An offeror may withdraw its proposal by written notice or telegram (including mailgram)

received at any time before award. If the solicitation authorizes facsimile proposals, an offeror may

withdraw its proposal via facsimile received at any time before award, subject to the conditions

specified in the provision entitled “Facsimile Proposals.” Proposals may be withdrawn in person by

an offeror or an authorized representative, if the representative’s identity is made known and the

representative signs a receipt for the proposal before award.

(viii)If an emergency or unanticipated event interrupts normal Government processes so that

proposals cannot be received at the office designated for receipt of proposals by the exact time

specified in the solicitation, and urgent Government requirements preclude amendment of the

solicitation or other notice of an extension of the closing date, the time specified for receipt of

proposals will be deemed to be extended to the same time of day specified in the solicitation on the

first work day on which normal Government processes resume. If no time is specified in the

solicitation, the time for receipt is 4:30p.m., local time, for the designated Government office.

(3)Any information given to a prospective offeror concerning this solicitation will be furnished

promptly to all other prospective offerors, if that information is necessary in submitting offers or if

the lack of it would be prejudicial to any other prospective offeror.

(4)Offerors may submit modifications to their proposals at any time before the solicitation closing

date and time, and may submit modifications in response to an amendment, or to correct a mistake

at any time before award.

(5)Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(6)The Government will construe an offer to be in full and complete compliance with this solicitation

unless the offer describes any deviation in the offer.

(7)Offerors may submit proposals that depart from stated requirements. Such a proposal shall

clearly identify why the acceptance of the proposal would be advantageous to the Government. The

proposal must clearly identify and explicitly define any deviations from the terms and conditions of
the solicitation, as well as the comparative advantage to the Government. The Government reserves

the right to amend the solicitation to allow all offerors an opportunity to submit revised proposals

based on the revised requirements.

(d) Restriction on disclosure and use of data. An offeror that includes in its proposal data that it does

not want disclosed to the public for any purpose, or used by the Government except for evaluation

purposes, must meet both of the following conditions:

(1)Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be

duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this

proposal. If, however, a lease is awarded to this offeror as a result of—or in connection with—the

submission of this data, the Government shall have the right to duplicate, use, or disclose the data to

the extent provided in the resulting contract. This restriction does not limit the Government’s right

to use information contained in this data if it is obtained from another source without restriction.

The data subject to this restriction are contained in sheets [insert numbers or other identification of

sheets].

(2)Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this

proposal.

(e) Lease award.

(1)The Government intends to award a lease resulting from this solicitation to the responsible

offeror whose proposal represents the best value after evaluation in accordance with the factors and

subfactors in the solicitation.

(2)The Government may reject any or all proposals if such action is in the Government’s interest.

(3)The Government may waive informalities and minor irregularities in proposals received.

(4)The Government intends to evaluate proposals and award a lease after conducting discussions

with offerors whose proposals have been determined to be within the competitive range. If the

Contracting Officer determines that the number of proposals that would otherwise be in the

competitive range exceeds the number at which an efficient competition can be conducted, the

Contracting Officer may limit the number of proposals in the competitive range to the greatest

number that will permit an efficient competition among the most highly rated proposals. Therefore,

the offeror’s initial proposal should contain the offeror’s best terms from a price and technical

standpoint.

(5)Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer

by the Government.

(6)The Government may determine that a proposal is unacceptable if the prices proposed are

materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite

an acceptable total evaluated price, the price of one or more contract line items is significantly

overstated or understated as indicated by the application of cost or price analysis techniques. A

proposal may be rejected if the Contracting Officer determines that the lack of balance poses an

unacceptable risk to the Government.
(7)The execution and delivery of the Lease contract by the Government establishes a valid award

and contract.

(8)The Government may disclose the following information in postaward debriefings to other

offerors:

(i)The overall evaluated cost or price and technical rating of the successful offeror;

(ii)The overall ranking of all offerors, when any ranking was developed by the agency during source

selection; and

(iii)A summary of the rationale for award.

(f) Paperwork collection. The information collection requirements contained in this

solicitation/contract are either required by regulation or approved by the Office of Management and

Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163.

(End of provision)

Alternate I (Mar 1998). As prescribed in 570.702 , substitute the following paragraph (c)(2)(i) for

paragraph (c)(2)(i) of the basic provision:

(a) (i) Any offer received at the office designated in the solicitation after the exact time specified for

receipt of final proposal revisions will not be considered unless it is received before award is made

and it meets one of the following conditions—

Alternate II (Mar 1998). As prescribed in 570.702 , substitute the following paragraph (e)(4) for

paragraph (e)(4) of the basic provision:

(4) The Government intends to evaluate proposals and award a lease without discussions with

offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial

proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The

Government reserves the right to conduct discussions if the Contracting Officer later determines

them to be necessary. If the Contracting Officer determines that the number of proposals that would

otherwise be in the competitive range exceeds the number at which an efficient competition can be

conducted, the Contracting Officer may limit the number of proposals in the competitive range to

the greatest number that will permit an efficient competition among the most highly rated proposals.

552.270-2 Historic Preference.

As prescribed in 570.702 , insert the following provision:

(a) The Government will give preference to offers of space in historic properties following this

hierarchy of consideration:

(1) Historic properties within historic districts.

(2) Non-historic developed and non-historic undeveloped sites within historic districts.

(3) Historic properties outside of historic districts.
(b) Definitions.

(1) “Determination of eligibility” means a decision by the Department of the Interior that a district,

site, building, structure or object meets the National Register criteria for evaluation although the

property is not formally listed in the National Register (36 CFR 60.3(c)).

(2) “Historic district” means a geographically definable area, urban or rural, possessing a significant

concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events

or aesthetically by plan or physical development. A district may also comprise individual elements

separated geographically but linked by association or history (36 CFR 60.3(d)). The historic district

must be included in or be determined eligible for inclusion in the National Register of Historic

Places.

(3) “Historic property” means any pre-historic or historic district, site, building, structure, or object

included in or been determined eligible for inclusion in the National Register of Historic Places

maintained by the Secretary of the Interior (36 CFR 800.16(l)).

(4) “National Register of Historic Places” means the National Register of districts, sites, buildings,

structures and objects significant in American history, architecture, archeology, engineering and

culture that the Secretary of the Interior is authorized to expand and maintain under the National

Historic Preservation Act (36 CFR 60.1).

(c) The offer of space must meet the terms and conditions of this solicitation. The Contracting

Officer has discretion to accept alternatives to certain architectural characteristics and safety

features defined elsewhere in this solicitation to maintain the historical integrity of an historic

building, such as high ceilings and wooden floors, or to maintain the integrity of an historic district,

such as setbacks, floor-to-ceiling heights, and location and appearance of parking.

(d) When award will be based on the lowest price technically acceptable source selection process,

the Government will give a price evaluation preference, based on the total annual square foot

(ANSI/BOMA Office Area) cost to the Government, to historic properties as follows:

(1) First to suitable historic properties within historic districts, a 10 percent price preference.

(2) If no suitable historic property within an historic district is offered, or the 10 percent preference

does not result in such property being the lowest price technically acceptable offer, the Government

will give a 2.5 percent price preference to suitable non-historic developed or undeveloped sites

within historic districts.

(3) If no suitable non-historic developed or undeveloped site within an historic district is offered, or

the 2.5 percent preference does not result in such property being the lowest price technically

acceptable offer, the Government will give a 10 percent price preference to suitable historic

properties outside of historic districts.

(4) Finally, if no suitable historic property outside of historic districts is offered, no historic price

preference will be given to any property offered.

(e) When award will be based on the best value tradeoff source selection process, which permits

tradeoffs among price and non-price factors, the Government will give a price evaluation preference,

based on the total annual square foot (ANSI/BOMA Office Area) cost to the Government, to historic

properties as follows:

(1) First to suitable historic properties within historic districts, a 10 percent price preference.
(2) If no suitable historic property within a historic district is offered or remains in the competition,

the Government will give a 2.5 percent price preference to suitable non-historic developed or

undeveloped sites within historic districts.

(3) If no suitable non-historic developed or undeveloped site within an historic district is offered or

remains in the competition, the Government will give a 10 percent price preference to suitable

historic properties outside of historic districts.

(4) Finally, if no suitable historic property outside of historic districts is offered, no historic price

preference will be given to any property offered.

(f) The Government will compute price evaluation preferences by reducing the price(s) of the

offerors qualifying for a price evaluation preference by the applicable percentage provided in this

provision. The price evaluation preference will be used for price evaluation purposes only. The

Government will award a contract in the amount of the actual price(s) proposed by the successful

offeror and accepted by the Government.

(g) To qualify for a price evaluation preference, offerors must provide satisfactory documentation in

their offer that their property qualifies as one of the following:

(1) An historic property within an historic district.

(2) A non-historic developed or undeveloped site within an historic district.

(3) An historic property outside of an historic district.

(End of provision)

552.270-3 Parties to Execute Lease.

As prescribed in 570.702 , insert the following provision:

Parties to Execute Lease (Jun 2011)

(a) If the Lessor is an individual, that individual shall sign the lease. A lease with an individual doing

business as a firm shall be signed by that individual, and the signature shall be followed by the

individual's typed, stamped, or printed name and the words, “an individual doing business as

_______________ [insert name of firm].”

(b) If the Lessor is a partnership, the lease must be signed in the partnership name, followed by the

name of the legally authorized partner signing the same, and a copy of either the partnership

agreement or current Certificate of Limited Partnership shall accompany the lease.

(c) If the Lessor is a corporation, the lease must be signed in the corporate name, followed by the

signature and title of the officer or other person signing the lease on its behalf, duly attested, and, if

requested by the Government, evidence of this authority to so act shall be furnished.

(d) If the Lessor is a joint venture, the lease must be signed by each participant in the joint venture

in the manner prescribed in paragraphs (a) through (c) of this provision for each type of participant.

When a corporation is participating in the joint venture, the corporation shall provide evidence that

the corporation is authorized to participate in the joint venture.
(e) If the lease is executed by an attorney, agent, or trustee on behalf of the Lessor, an authenticated

copy of the power of attorney, or other evidence to act on behalf of the Lessor, must accompany the

lease.

(End of provision)

552.270-4 Definitions.

As prescribed in 570.703 , insert the following clause:

Definitions (Sep 1999)

The following terms and phrases (except as otherwise expressly provided or unless the context

otherwise requires) for all purposes of this lease shall have the respective meanings hereinafter

specified:

(a) “ANSI/BOMA Office Area (ABOA)” means the area “where a tenant normally houses personnel,

and/or furniture, for which a measurement is to be computed,” as stated by the American National

Standards Institute/Building Owners and Managers Association (ANSI/BOMA) publication,

Z65.1-1996.

(b) “Commencement Date” means the first day of the term.

(c) “Contract” and “Contractor” means “Lease” and “Lessor,” respectively.

(d) “Contracting Officer” means a person with the authority to enter into, administer, and/or

terminate contracts and make related determinations and findings. The term includes certain

authorized representatives of the Contracting Officer acting within the limits of their authority as

delegated by the Contracting Officer.

(e) “Delivery Date” means the date specified in or determined pursuant to the provisions of this

lease for delivery of the premises to the Government, improved in accordance with the provisions of

this lease and substantially complete, as such date may be modified in accordance with the

provisions of this lease.

(f) “Delivery Time” means the number of days provided by this lease for delivery of the premises to

the Government, as such number may be modified in accordance with the provisions of this lease.

(g) “Excusable Delays” mean delays arising without the fault or negligence of Lessor and Lessor’s

subcontractors and suppliers at any tier, and shall include, without limitation:

(1) acts of God or of the public enemy,

(2) acts of the United States of America in either its sovereign or contractual capacity,

(3) acts of another contractor in the performance of a contract with the Government,

(4) fires,

(5) floods,

(6) epidemics,
(7) quarantine restrictions,

(8) strikes,

(9) freight embargoes,

(10) unusually severe weather, or

(11) delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the

control and without the fault or negligence of both the Lessor and any such subcontractor or

supplier.

(h) “Lessor” means the sub‐lessor if this lease is a sublease.

(i) “Lessor shall provide” means the Lessor shall furnish and install at Lessor’s expense.

(j) “Notice” means written notice sent by certified or registered mail, Express Mail or Comparable

service, or delivered by hand. Notice shall be effective on the date delivery is accepted or refused.

(k) “Premises” means the space described in this lease.

(l) “Substantially complete” and “substantial completion” means that the work, the common and

other areas of the building, and all other things necessary for the Government’s access to the

premises and occupancy, possession, use and enjoyment thereof, as provided in this lease, have been

completed or obtained, excepting only such minor matters as do not interfere with or materially

diminish such access, occupancy, possession, use or enjoyment.

(m) “Work” means all alterations, improvements, modifications, and other things required for the

preparation or continued occupancy of the premises by the Government as specified in this lease.

(End of clause)

552.270-5 Subletting and Assignment.

As prescribed in 570.703 , insert the following clause:

Subletting and Assignment (Sep 1999)

The Government may sublet any part of the premises but shall not be relieved from any obligations

under this lease by reason of any such subletting. The Government may at any time assign this lease,

and be relieved from all obligations to Lessor under this lease excepting only unpaid rent and other

liabilities, if any, that have accrued to the date of said assignment. Any assignment shall be subject

to prior written consent of Lessor, which shall not be unreasonably withheld.

(End of clause)

552.270-6 Maintenance of Building and Premises—Right of Entry.

As prescribed in 570.703 , insert the following clause:

Maintenance of Building and Premises—Right of Entry (Sep 1999)
Except in case of damage arising out of the willful act or negligence of a Government employee,

Lessor shall maintain the premises, including the building and all equipment, fixtures, and

appurtenances furnished by the lessor under this lease, in good repair and condition so that they are

suitable in appearance and capable of supplying such heat, air conditioning, light, ventilation, access

and other things to the premises, without reasonably preventable or recurring disruption, as is

required for the Government’s access to, occupancy, possession, use and enjoyment of the premises

as provided in this lease. For the purpose of so maintaining the premises, the Lessor may at

reasonable times enter the premises with the approval of the authorized Government representative

in charge.

(End of clause)

552.270-7 Fire and Casualty Damage.

As prescribed in 570.703 , insert the following clause:

Fire and Casualty Damage (Jun 2011)

If the entire premises are destroyed by fire or other casualty, this lease will immediately terminate.

In case of partial destruction or damage, so as to render the premises untenantable, as determined

by the Government, the Government may terminate the lease by giving written notice to the Lessor

within 15calendar days after such determination; if so terminated, no rent will accrue to the Lessor

after such partial destruction or damage; and if not so terminated, the rent will be reduced

proportionately by supplemental agreement hereto effective from the date of such partial

destruction or damage. Nothing in this lease shall be construed as relieving Lessor from liability for

damage to or destruction of property of the United States of America caused by the willful or

negligent act or omission of Lessor.

(End of clause)

552.270-8 Compliance with Applicable Law.

As prescribed in 570.703 , insert the following clause:

Compliance with Applicable Law (Sep 1999)

Lessor shall comply with all Federal, state and local laws applicable to the Lessor as owner or lessor,

or both, of the building or premises, including, without limitation, laws applicable to the

construction, ownership, alteration or operation of both or either thereof, and will obtain all

necessary permits, licenses and similar items at Lessor’s expense. The Government will comply with

all Federal, state and local laws applicable to and enforceable against it as a tenant under this lease;

provided that nothing in this lease shall be construed as a waiver of any sovereign immunity of the

Government. This lease shall be governed by Federal law.

(End of clause)

552.270-9 Inspection—Right of Entry.
As prescribed in 570.703 , insert the following clause:

Inspection—Right of Entry (Sep 1999)

(a) At any time and from time to time after receipt of an offer (until the same has been duly

withdrawn or rejected), after acceptance thereof and during the term, the agents, employees and

contractors of the Government may, upon reasonable prior notice to Offeror or Lessor, enter upon

the offered premises or the premises, and all other areas of the building access to which is necessary

to accomplish the purposes of entry, to determine the potential or actual compliance by the Offeror

or Lessor with the requirements of the solicitation or this lease, which purposes shall include, but

not be limited to:

(1) Inspecting, sampling and analyzing suspected asbestos-containing materials and air monitoring

for asbestos fibers;

(2) Inspecting the heating, ventilation and air conditioning system, maintenance records, and

mechanical rooms for the offered premises or the premises;

(3) Inspecting for any leaks, spills, or other potentially hazardous conditions which may involve

tenant exposure to hazardous or toxic substances; and

(4) Inspecting for any current or past hazardous waste operations, to ensure that appropriate

mitigative actions were taken to alleviate any environmentally unsound activities in accordance with

Federal, State and local law.

(b) Nothing in this clause shall be construed to create a Government duty to inspect for toxic

materials or to impose a higher standard of care on the Government than on other lessees. The

purpose of this clause is to promote the ease with which the Government may inspect the building.

Nothing in this clause shall act to relieve the Lessor of any duty to inspect or liability which might

arise as a result of Lessor’s failure to inspect for or correct a hazardous condition.

(End of Clause)

552.270-10 Failure in Performance.

As prescribed in 570.703 , insert the following clause:

Failure in Performance (Sep 1999)

The covenant to pay rent and the covenant to provide any service, utility, maintenance, or repair

required under this lease are interdependent. In the event of any failure by the

Lessor to provide any service, utility, maintenance, repair or replacement required under this lease

the Government may, by contract or otherwise, perform the requirement and deduct from any

payment or payments under this lease, then or thereafter due, the resulting cost to the Government,

including all administrative costs. If the Government elects to perform any such requirement, the

Government and each of its contractors shall be entitled to access to any and all areas of the

building, access to which is necessary to perform any such requirement, and the Lessor shall afford

and facilitate such access. Alternatively, the Government may deduct from any payment under this

lease, then or thereafter due, an amount which reflects the reduced value of the contract

requirement not performed. No deduction from rent pursuant to this clause shall constitute a default
by the Government under this lease. These remedies are not exclusive and are in addition to any

other remedies which may be available under this lease or at law.

(End of clause)

552.270-11 Successors Bound.

As prescribed in 570.703 , insert the following clause:

Successors Bound (Sep 1999)

This lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors,

administrators, successors and assigns.

(End of clause)

552.270-12 Alterations.

As prescribed in 570.703 , insert the following clause:

Alterations (Sep 1999)

The Government shall have the right during the existence of this lease to make alterations, attach

fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures,

additions or structures so placed in, on, upon, or attached to the said premises shall be and remain

the property of the Government and may be removed or otherwise disposed of by the Government. If

the lease contemplates that the Government is the sole occupant of the building, for purposes of this

clause, the leased premises include the land on which the building is sited and the building itself.

Otherwise, the Government shall have the right to tie into or make any physical connection with any

structure located on the property as is reasonably necessary for appropriate utilization of the leased

space.

(End of clause)

552.270-13 Proposals for Adjustment.

As prescribed in 570.703 , insert the following clause:

Proposals for Adjustment (Oct 2016)

(a) The Contracting Officer may, from time to time during the term of this lease, require changes to

be made in the work or services to be performed and in the terms or conditions of this lease. Such

changes will be required under the Changes clause.

(b) If the Contracting Officer makes a change within the general scope of the lease, the Lessor shall

submit, in a timely manner, an itemized cost proposal for the work to be accomplished or services to

be performed when the cost exceeds $100,000. The proposal, including all subcontractor work, will

contain at least the following detail—
(1) Material quantities and unit costs;

(2) Labor costs (identified with specific item or material to be placed or operation to be performed);

(3) Equipment costs;

(4) Worker’s compensation and public liability insurance;

(5) Overhead;

(6) Profit; and

(7) Employment taxes under FICA and FUTA.

(c) The following Federal Acquisition Regulation (FAR) provisions also apply to all proposals

exceeding $750,000 in cost—

(1) The Lessor shall provide cost or pricing data including subcontractor cost or pricing data

(48CFR15.403-4); and

(2) The Lessor’s representative, all Contractors, and subcontractors whose portion of the work

exceeds $750,000 must sign and return the “Certificate of Current Cost or Pricing Data”

(48CFR15.406-2).

(d) Lessors shall also refer to 48CFRPart31, Contract Cost Principles, for information on which costs

are allowable, reasonable, and allocable in Government work.

(End of clause)

552.270-14 Changes.

As prescribed in 570.703 , insert the following clause:

Changes (Jun 2011)

(a) The Contracting Officer may at any time, by written order, make changes within the general

scope of this lease in any one or more of the following:

(1) Specifications (including drawings and designs).

(2) Work or services.

(3) Facilities or space layout.

(4) Amount of space, provided the Lessor consents to the change.

(b) If any such change causes an increase or decrease in Lessor’s cost of or the time required for

performance under this lease, whether or not changed by the order, the Contracting Officer shall

modify this lease to provide for one or more of the following:

(1) A modification of the delivery date.

(2) An equitable adjustment in the rental rate.
(3) A lump sum equitable adjustment.

(4) An equitable adjustment of the annual operating costs per ABOA square foot specified in this

lease.

(c) The Lessor must assert its right to an adjustment under this clause within 30days from the date

of receipt of the change order and must submit a proposal for adjustment. The Lessor’s failure to

assert its right for adjustment within the time frame specified herein shall be a waiver of the

Lessor’s right to an adjustment under this paragraph. Failure to agree to any adjustment shall be a

dispute under the Disputes clause. However, nothing in this clause excuses the lessor from

proceeding with the change as directed.

(d) Absent such written change order, the Government is not liable to Lessor under this clause.

(End of clause)

552.270-15 Liquidated Damages.

As prescribed in 570.703 , insert the following clause:

Liquidated Damages (Sep 1999)

In case of failure on the part of the Lessor to complete the work within the time fixed in the lease

contract or letter of award, the Lessor shall pay the Government as fixed and agreed liquidated

damages, pursuant to this clause, the sum of $ _____ for each and every calendar day that the

delivery is delayed beyond the date specified for delivery of all of the space ready for occupancy by

the Government. This remedy is not exclusive and is in addition to any other remedies which may be

available under this lease or at law.

(End of clause)

552.270-16 Adjustment for Vacant Premises.

As prescribed in 570.703 , insert the following clause:

Adjustment for Vacant Premises (Jun 2011)

(a) If the Government fails to occupy any portion of the leased premises or vacates the premises in

whole or in part before the lease term expires, the rental rate will be reduced. The reduction shall

occur after the Government gives 30 calendar days notice to the Lessor, and shall continue in effect

until the Government occupies or reoccupies the vacant premises or the lease expires or is

terminated.

(b) The rate will be reduced by that portion of the costs per ABOA square foot of operating expenses

not required to maintain the space. In addition, at the first operating cost adjustment after the

notice of reduction to the rent, the base cost of services subject to escalation will be reduced by said

amount. In the event that the Government occupies or reoccupies the vacant premises on the lease

anniversary date following the occupation of the vacant premises, the base cost of services subject

to escalation will be increased by said amount.
(c) The reduction in operating costs shall be negotiated and stated in the lease.

(End of clause)

552.270-17 Delivery and Condition.

As prescribed in 570.703 , insert the following clause:

Delivery and Condition (Sep 1999)

(a) Unless the Government elects to have the space occupied in increments, the space must be

delivered ready for occupancy as a complete unit. The Government reserves the right to determine

when the space is substantially complete.

(b) If the premises do not in every respect comply with the provisions of this lease the Contracting

Officer may, in accordance with the Failure in Performance clause of this lease, elect to reduce the

rent payments.

(End of clause)

552.270-18 Default in Delivery—Time Extensions.

As prescribed in 570.703 , insert the following clause:

Default in Delivery—Time Extensions (Sep 1999)

(a) With respect to Lessor’s obligation to deliver the premises substantially complete by the delivery

date, time is of the essence. If the Lessor fails to work diligently to ensure its substantial completion

by the delivery date or fails to substantially complete the work by such date, the Government may by

notice to the Lessor terminate this lease. Such termination is effective when received by Lessor. The

Lessor and the Lessor’s sureties, if any, are jointly and severally liable for any damages to the

Government resulting from such termination, as provided in this clause. The Government is entitled

to the following damages:

(1) The Government’s aggregate rent, estimated real estate tax, and operating cost adjustments for

the firm term and all option terms of its replacement lease or leases, in excess of the aggregate rent

and estimated real estate tax and operating cost adjustments for the term. If the Government

procures replacement premises for a term (including all option terms) in excess of this lease term,

the Lessor is not liable for excess Government rent or adjustments during such excess lease term.

(2) All administrative and other costs the Government incurs in procuring a replacement lease or

leases.

(3) Other, additional relief provided for in this lease, at law, or in equity.

(b) Damages to which the Government is entitled to under this clause are due and payable thirty (30)

days following the date Lessor receives notice from the Contracting Officer specifying such

damages.

(c) Delivery by Lessor of less than the minimum ABOA square footage required by this lease shall in
no event be construed as substantial completion, except as the Contracting Officer permits.

(d) The Government shall not terminate this lease under this clause nor charge the Lessor with

damages under this clause, if (1)the delay in substantially completing the work arises from

excusable delays, and (2)the Lessor within 10days from the beginning of any such delay (unless

extended in writing by the Contracting Officer) provides notice to the Contracting Officer of the

causes of delay. The Contracting Officer shall ascertain the facts and the extent of delay. If the facts

warrant, the Contracting Officer shall extend the delivery date, to the extent of such delay at no

additional costs to the Government. A time extension is the sole remedy of the Lessor.

(End of clause)

552.270-19 Progressive Occupancy.

As prescribed in 570.703 , insert the following clause:

Progressive Occupancy (Sep 1999)

The Government shall have the right to elect to occupy the space in partial increments prior to the

substantial completion of the entire leased premises, and the Lessor agrees to schedule its work so

as to deliver the space incrementally as elected by the Government. The Government shall pay rent

commencing with the first business day following substantial completion of the entire leased

premise unless the Government has elected to occupy the leased premises incrementally. In case of

incremental occupancy, the Government shall pay rent pro rata upon the first business day following

substantial completion of each incremental unit. Rental payments shall become due on the first

workday of the month following the month in which an increment of space is substantially complete,

except that should an increment of space be substantially completed after the fifteenth day of the

month, the payment due date will be the first workday of the second month following the month in

which it was substantially complete. The commencement date of the firm lease term will be a

composite determined from all rent commencement dates.

(End of clause)

552.270-20 Payment.

As prescribed in 570.703 , insert the following clause:

Payment (Sep 1999)

(a) When space is offered and accepted, ABOA square footage delivered will be confirmed by either:

(1) The Government’s measurement of plans submitted by the successful offeror as approved by the

Government, and an inspection of the space to verify that the delivered space conforms with such

plans.

(2) A mutual on-site measurement of the space if the Contracting Officer determines it necessary.

(b) The Government will not pay for space in excess of the amount of ABOA square footage stated in

the lease.
(c) If the amount of ABOA square footage delivered is less than the amount agreed to in the lease,

the lease will be modified to reflect the amount of ABOA space delivered and the annual rental will

be adjusted as follows:

ABOA square feet not delivered multiplied by one plus the common area factor (CAF), multiplied by

the rate per rentable square foot (RSF). That is:

(End of clause)

552.270-21 Effect of Acceptance and Occupancy.

As prescribed in 570.703 , insert the following clause:

Effect of Acceptance and Occupancy (Sep 1999)

Neither the Government’s acceptance of the premises for occupancy, nor the Government’s

occupancy thereof, shall be construed as a waiver of any requirement of or right of the Government

under this Lease, or as otherwise prejudicing the Government with respect to any such requirement

or right.

(End of clause)

552.270-22 Default by Lessor During the Term.

As prescribed in 570.703 , insert the following clause:

Default by Lessor During the Term (Sep 1999)

(a) Each of the following shall constitute a default by Lessor under this lease:

(1) Failure to maintain, repair, operate or service the premises as and when specified in this lease,

or failure to perform any other requirement of this lease as and when required provided any such

failure shall remain uncured for a period of thirty (30) days next following Lessor’s receipt of notice

thereof from the Contracting Officer or an authorized representative.

(2) Repeated and unexcused failure by Lessor to comply with one or more requirements of this lease

shall constitute a default notwithstanding that one or all such failures shall have been timely cured

pursuant to this clause.

(b) If a default occurs, the Government may, by notice to Lessor, terminate this lease for default and

if so terminated, the Government shall be entitled to the damages specified in the Default in

Delivery-Time Extensions clause.

(End of clause)
552.270-23 Subordination, Nondisturbance and Attornment.

As prescribed in 570.703 , insert the following clause:

Subordination, Nondisturbance and Attornment (Sep 1999)

(a) Lessor warrants that it holds such title to or other interest in the premises and other property as

is necessary to the Government’s access to the premises and full use and enjoyment thereof in

accordance with the provisions of this lease. Government agrees, in consideration of the warranties

and conditions set forth in this clause, that this lease is subject and subordinate to any and all

recorded mortgages, deeds of trust and other liens now or hereafter existing or imposed upon the

premises, and to any renewal, modification or extension thereof. It is the intention of the parties that

this provision shall be self‐operative and that no further instrument shall be required to effect the

present or subsequent subordination of this lease. Government agrees, however, within twenty (20)

business days next following the Contracting Officer’s receipt of a written demand, to execute such

instruments as Lessor may reasonably request to evidence further the subordination of this lease to

any existing or future mortgage, deed of trust or other security interest pertaining to the premises,

and to any water, sewer or access easement necessary or desirable to serve the premises or

adjoining property owned in whole or in part by Lessor if such easement does not interfere with the

full enjoyment of any right granted the Government under this lease.

(b) No such subordination, to either existing or future mortgages, deeds of trust or other lien or

security instrument shall operate to affect adversely any right of the Government under this lease so

long as the Government is not in default under this lease. Lessor will include in any future mortgage,

deed of trust or other security instrument to which this lease becomes subordinate, or in a separate

nondisturbance agreement, a provision to the foregoing effect. Lessor warrants that the holders of

all notes or other obligations secured by existing mortgages, deeds of trust or other security

instruments have consented to the provisions of this clause, and agrees to provide true copies of all

such consents to the Contracting Officer promptly upon demand.

(c) In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any

such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of

foreclosure, the Government will be deemed to have attorned to any purchaser, purchasers,

transferee or transferees of the premises or any portion thereof and its or their successors and

assigns, and any such purchasers and transferees will be deemed to have assumed all obligations of

the Lessor under this lease, so as to establish direct privity of estate and contract between

Government and such purchasers or transferees, with the same force, effect and relative priority in

time and right as if the lease had initially been entered into between such purchasers or transferees

and the Government; provided, further, that the Contracting Officer and such purchasers or

transferees shall, with reasonable promptness following any such sale or deed delivery in lieu of

foreclosure, execute all such revisions to this lease, or other writings, as shall be necessary to

document the foregoing relationship.

(d) None of the foregoing provisions may be deemed or construed to imply a waiver of the

Government’s rights as a sovereign.

(End of clause)

552.270-24 Statement of Lease.
As prescribed in 570.703 , insert the following clause:

Statement of Lease (Sep 1999)

(a) The Contracting Officer will, within thirty (30) days next following the Contracting Officer’s

receipt of a joint written request from Lessor and a prospective lender or purchaser of the building,

execute and deliver to Lessor a letter stating that the same is issued subject to the conditions stated

in this clause and, if such is the case, that (1)the lease is in full force and effect; (2)the date to which

the rent and other charges have been paid in advance, if any; and (3)whether any notice of default

has been issued.

(b) Letters issued pursuant to this clause are subject to the following conditions:

(1) That they are based solely upon a reasonably diligent review of the Contracting Officer’s lease

file as of the date of issuance;

(2) That the Government shall not be held liable because of any defect in or condition of the

premises or building;

(3) That the Contracting Officer does not warrant or represent that the premises or building comply

with applicable Federal, State and local law; and

(4) That the Lessor, and each prospective lender and purchaser are deemed to have constructive

notice of such facts as would be ascertainable by reasonable prepurchase and precommitment

inspection of the Premises and Building and by inquiry to appropriate Federal, State and local

Government officials.

(End of clause)

552.270-25 Substitution of Tenant Agency.

As prescribed in 570.703 , insert the following clause:

Substitution of Tenant Agency (Sep 1999)

The Government may, at any time and from time to time, substitute any Government agency or

agencies for the Government agency or agencies, if any, named in the lease.

(End of clause)

552.270-26 No Waiver.

As prescribed in 570.703 , insert the following clause:

No Waiver (Sep 1999)

No failure by either party to insist upon the strict performance of any provision of this lease or to

exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial

rent or other performance by either party during the continuance of any such breach shall constitute

a waiver of any such breach of such provision.
(End of clause)

552.270-27 Integrated Agreement.

As prescribed in 570.703 , insert the following clause:

Integrated Agreement (Sep 1999)

This Lease, upon execution, contains the entire agreement of the parties and no prior written or oral

agreement, express or implied, shall be admissible to contradict the provisions of the Lease.

(End of clause)

552.270-28 Mutuality of Obligation.

As prescribed in 570.703 , insert the following clause:

Mutuality of Obligation (Sep 1999)

The obligations and covenants of the Lessor, and the Government’s obligation to pay rent and other

Government obligations and covenants, arising under or related to this Lease, are interdependent.

The Government may, upon issuance of and delivery to Lessor of a final decision asserting a claim

against Lessor, set off such claim, in whole or in part, as against any payment or payments then or

thereafter due the Lessor under this lease. No set off pursuant to this clause shall constitute a

breach by the Government of this lease.

(End of clause)

552.270-29 Acceptance of Space.

As prescribed in 570.703 , insert the following clause:

Acceptance of Space (Jun 2011)

(a) When the lessor has completed all alterations, improvements, and repairs necessary to meet the

requirements of the lease, the lessor shall notify the Contracting Officer. The Contracting Officer or

designated representative shall promptly inspect the space.

(b) The Government will accept the space and the lease term will begin after determining that the

space is substantially complete and contains the required ABOA square footage as indicated in the

solicitation paragraph, Amount and Type of Space.

(End of clause)

552.270-30 Price Adjustment for Illegal or Improper Activity.

As prescribed in 570.703 , insert the following clause:
Price Adjustment for Illegal or Improper Activity (Jun 2011)

(a) If the head of the contracting activity (HCA) or his or her designee determines that there was a

violation of subsection 27(a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C.

423), as implemented in the Federal Acquisition Regulation, the Government, at its election, may—

(1) Reduce the monthly rental under this lease by five percent of the amount of the rental for each

month of the remaining term of the lease, including any option periods, and recover five percent of

the rental already paid;

(2) Reduce payments for alterations not included in monthly rental payments by five percent of the

amount of the alterations agreement; or

(3) Reduce the payments for violations by a Lessor’s subcontractor by an amount not to exceed the

amount of profit or fee reflected in the subcontract at the time the subcontract was placed.

(b) Prior to making a determination as set forth above, the HCA or designee shall provide to the

Lessor a written notice of the action being considered and the basis thereof. The Lessor shall have a

period determined by the agency head or designee, but not less than 30 calendar days after receipt

of such notice, to submit in person, in writing, or through a representative, information and

argument in opposition to the proposed reduction. The agency head or designee may, upon good

cause shown, determine to deduct less than the above amounts from payments.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition

to any other rights and remedies provided by law or under this lease.

(End of clause)

552.270-31 Prompt Payment.

As prescribed in 570.703 insert the following clause:

Prompt Payment (Jun 2011)

The Government will make payments under the terms and conditions specified in this clause.

Payment shall be considered as being made on the day a check is dated or an electronic funds

transfer is made. All days referred to in this clause are calendar days, unless otherwise specified.

(a) Payment due date.

(1)Rental payments. Rent shall be paid monthly in arrears and will be due on the first workday of

each month, and only as provided for by the lease.

(i)When the date for commencement of rent falls on the 15th day of the month or earlier, the initial

monthly rental payment under this contract shall become due on the first workday of the month

following the month in which the commencement of the rent is effective.

(ii)When the date for commencement of rent falls after the 15th day of the month, the initial monthly

rental payment under this contract shall become due on the first workday of the second month

following the month in which the commencement of the rent is effective.
(2) Other payments. The due date for making payments other than rent shall be the later of the

following two events:

(i)The 30th day after the designated billing office has received a proper invoice from the Contractor.

(ii)The 30th day after Government acceptance of the work or service. However, if the designated

billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due

date shall be deemed to be the 30th day after the Contractor’s invoice is dated, provided a proper

invoice is received and there is no disagreement over quantity, quality, or Contractor compliance

with contract requirements.

(b) Invoice and inspection requirements for payments other than rent.

(1)The Contractor shall prepare and submit an invoice to the designated billing office after

completion of the work. A proper invoice shall include the following items:

(i)Name and address of the Contractor.

(ii)Invoice date.

(iii)Lease number.

(iv)Government’s order number or other authorization.

(v)Description, price, and quantity of work or services delivered.

(vi)Name and address of Contractor official to whom payment is to be sent (must be the same as that

in the remittance address in the lease or the order).

(vii)Name (where practicable), title, phone number, and mailing address of person to be notified in

the event of a defective invoice.

(2)The Government will inspect and determine the acceptability of the work performed or services

delivered within seven days after the receipt of a proper invoice or notification of completion of the

work or services unless a different period is specified at the time the order is placed. If actual

acceptance occurs later, for the purpose of determining the payment due date and calculation of

interest, acceptance will be deemed to occur on the last day of the seven day inspection period. If

the work or service is rejected for failure to conform to the technical requirements of the contract,

the seven days will be counted beginning with receipt of a new invoice or notification. In either case,

the Contractor is not entitled to any payment or interest unless actual acceptance by the

Government occurs.

(c) Interest Penalty.

(1)An interest penalty shall be paid automatically by the Government, without request from the

Contractor, if payment is not made by the due date.

(2)The interest penalty shall be at the rate established by the Secretary of the Treasury under

Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the

due date. This rate is referred to as the “Renegotiation Board Interest Rate,” and it is published in

the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall

accrue daily on the payment amount approved by the Government and be compounded in 30-day
increments inclusive from the first day after the due date through the payment date.

(3)Interest penalties will not continue to accrue after the filing of a claim for such penalties under

the clause at 52.233-1, Disputes, or for more than one year. Interest penalties of less than $1.00

need not be paid.

(4)Interest penalties are not required on payment delays due to disagreement between the

Government and Contractor over the payment amount or other issues involving contract compliance

or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims

involving disputes, and any interest that may be payable, will be resolved in accordance with the

clause at 52.233-1, Disputes.

(d) Overpayments. If the Lessor becomes aware of a duplicate payment or that the Government has

otherwise overpaid on a payment, the Contractor shall—

(1)Return the overpayment amount to the payment office cited in the contract along with a

description of the overpayment including the—

(i)Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation

errors, date(s) of overpayment);

(ii)Affected lease number;

(iii)Affected lease line item or subline item, if applicable; and

(iv)Lessor point of contact.

(2)Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(End of clause)

Alternate I (Sep 1999).As prescribed in 570.703 , delete paragraphs (a)(2) and (b) of the basic

clause, and redesignate the remaining paragraphs accordingly.

552.270-32 Covenant Against Contingent Fees.

As prescribed in 570.703 , insert the following clause:

Covenant Against Contingent Fees (Jun 2011)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or

obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide

employee or agency. For breach or violation of this warranty, the Government shall have the right to

annul this contract without liability or, in its discretion, to deduct from the contract price or

consideration, or otherwise recover the full amount of the contingent fee.

(b) Bona fide agency, as used in this clause, means an established commercial or selling agency

(including licensed real estate agents or brokers), maintained by a Contractor for the purpose of

securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain

Government contracts nor holds itself out as being able to obtain any Government contract or

contracts through improper influence.
Bona fide employee, as used in this clause, means a person, employed by a Contractor and subject to

the Contractor’s supervision and control as to time, place, and manner of performance, who neither

exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds

out as being able to obtain any Government contract or contracts through improper influence.

Contingent fee, as used in this clause, means any commission, percentage, brokerage, or other fee

that is contingent upon the success that a person or concern has in securing a Government contract.

Improper influence, as used in this clause, means any influence that induces or tends to induce a

Government employee or officer to give consideration or to act regarding a Government contract on

any basis other than the merits of the matter.

(End of clause)

552.270-33 Foreign Ownership and Financing Representation for High-Security Leased

Space.

As prescribed in 570.703 (c), insert the following clause:

Foreign Ownership and Financing Representation for High-Security Leased Space (Jun 2021)

(a) Definitions. As used in this clause–

“Financing” means the process of raising or providing funds through debt or equity for purposes of

meeting the requirements of the Lease, including, but not limited to, acquisition, maintenance, and

construction of, or improvements to, the Property.

“Foreign entity” means a:

(i) Corporation, company, business association, partnership, society, trust, or any other

nongovernmental entity, organization, or group that is headquartered or organized under the laws of

a country that is not the United States or a state, local government, tribe, or territory within the

United States; or

(ii) Government or governmental instrumentality that is not the United States Government.

“Foreign person” means an individual who is not:

(i) a United States citizen; or

(ii) an alien lawfully admitted for permanent residence in the United States.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror or

Lessor, or that owns or controls one or more entities that control an immediate owner of the offeror

or Lessor. No entity owns or exercises control of the highest-level owner.

“Immediate owner” means an entity, other than the offeror or Lessor, that has direct control of the

offeror or Lessor. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared

facilities and equipment, and the common use of employees.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial,
nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique

entity identifiers.

(b) Timing. The Offeror or Lessor shall complete this representation when submitting a proposal. If

the Offeror is the successful awardee, the Offeror (now Lessor) shall review, update, and provide

this representation on an annual basis, reflecting all changes to immediate owner, highest-level

owner and financing during the preceding 1-year period, starting one year from the Lease Term

Effective Date through final payment of any contract. If the Lessor intends to transfer the lease to a

successor in interest under the circumstances set forth in FAR 42.1204, the Lessor shall submit this

representation to the Lease Contracting Officer with any request to novate the lease. The Offeror or

Lessor is responsible for the currency, accuracy and completeness of the data disclosed, and for any

liability resulting from the Government's reliance on inaccurate or incomplete data.

(c) Immediate owner.

(1) The Offeror or Lessor represents that it □ does or □ does not have an immediate owner.

(2) If the Offeror or Lessor indicates "does" in paragraph (c)(1) of this clause, then enter the

following information for the immediate owner. If the offeror or Lessor has more than one immediate

owner (e.g., joint venture), then the offeror or Lessor shall provide the information for each entity.

Legal name

(do not use a “doing business as” name)

Unique entity identifier

(if available)

(3) If the Offeror or Lessor indicates "does" in paragraph (c)(1) of this clause, then complete this

additional representation: Is the immediate owner a foreign entity?: □ Yes or □ No.

(4) If the Offeror or Lessor indicates "does" in paragraph (c)(1) of this clause, then complete this

additional representation: Is the immediate owner a foreign person?: □ Yes or □ No.

(5) If the Offeror or Lessor indicates "Yes" in either paragraph (c)(3) or (4) of this clause, indicating

that there is foreign ownership (as a foreign entity or foreign person), then enter the following

information for the foreign owner (respond for each as applicable).

Physical address

Country

(d) Highest-level owner.

(1) The Offeror or Lessor represents that the immediate owner, if any, □ is or □ is not owned or

controlled by another entity?

(2) If the Offeror or Lessor indicates "is" in paragraph (d)(1) of this clause, indicating that the

immediate owner is owned or controlled by another entity, then enter the following information for

the highest-level owner.
Legal name

(do not use a “doing business as” name)

Unique entity identifier

(if available)

(3) If the Offeror or Lessor indicates "is" in paragraph (d)(1) of this clause, then complete this

additional representation: Is the highest-level owner a foreign entity?: □ Yes or □ No.

(4) If the Offeror or Lessor indicates "is" in paragraph (d)(1) of this clause, then complete this

additional representation: Is the highest-level owner a foreign person?: □ Yes or □ No.

(5) If the Offeror or Lessor indicates "Yes" in either paragraph (d)(3) or (4) of this clause, indicating

that there is foreign ownership (as a foreign entity or foreign person), then enter the following

information for the foreign owner (respond for each as applicable)

Physical address

Country

(e) Financing entity.

(1) The Offeror or Lessor represents that the financing □ does or □ does not involve a foreign

entity?

(2) The Offeror or Lessor represents that the financing □ does or □ does not involve a foreign

person?

(3) If the Offeror or Lessor indicates "does" in either paragraph (e)(1) or (2) of this clause, indicating

foreign financing (as a foreign entity or foreign person), then enter the following information for the

foreign financing (respond for each as applicable).

Legal name

(do not use a “doing business as” name)

Unique entity identifier

(if available)

Physical address

Country

(End of clause)
552.270-34 Access Limitations for High-Security Leased Space.

As prescribed in 570.703 (d), insert the following clause:

Access Limitations for High-Security Leased Space (Jun 2021)

(a) The Lessor, including representatives of the Lessor’s property management company responsible

for operation and maintenance of the leased space, shall not—

(1) Maintain access to the leased space; or

(2) Have access to the leased space without prior approval of the authorized Government

representative.

(b) Access to the leased space or any property or information located within that Space will only be

granted by the Government upon determining that such access is consistent with the Government’s

mission and responsibilities.

(c) Written procedures governing access to the leased space in the event of emergencies shall be

documented as part of the Government’s Occupant Emergency Plan, to be signed by both the

Government and the Lessor.

(End of clause)

Subpart 552.3 - Provision and Clause Matrixes

552.300 Scope of subpart.

This subpart contains a matrix listing the various types of contracts used by the GSA and the

applicable GSAR provisions and clauses for each contract type. The types of contracts within the

matrix are outlined in the key below.

For the clauses and provisions for leases, please refer to Subpart 570.7.

552.301 Matrix of Provisions and Clauses.

Format: Applicability:

P or C = Provision or Clause R = Required

IBR = Is Incorporation by Reference

Authorized A = Required when Applicable

UCF = Uniform Contract Format

Section, When Applicable O = Optional
Y = Yes

N = No

Type of Contract:

FP SUP = Fixed-Price Supply DDR = Dismantling, Demolition, or

Removal of Improvements

CR SUP = Cost Reimbursement Supply A&E = Architect-Engineering

FP R&D = Fixed-Price Research &

Development FAC = Facilities

CR R&D = Cost Reimbursement

Research and IND DEL = Indefinite Delivery

FP SVC = Fixed-Price Service TRN = Transportation

CR SVC = Cost Reimbursement Service SAP = Simplified Acquisition Threshold

(excluding micro-purchases)

FP CON = Fixed-Price Construction UTL SVC = Utility Services

CR CON = Cost Reimbursement

Construction CI = Commercial Items

T&M LH = Time & Material/Labor

Hours

FSS = Federal Supply Schedule (*GSA

Unique Program)

LMV = Leasing of Motor Vehicles STOCK = Acquisitions for GSA Stock

Program (*GSA Unique Program)

COM SVC = Communication Services

552.301-1 GSAM Matrix
https://www.acquisition.gov/smart-matrix

552.301-2 Matrix Notes.

Matrix Notes:

1. The clauses and provisions prescribed for Federal Supply Schedule or Acquisitions for GSA Stock

Program contracts do not have other types of contracts indicated. Those clauses and provisions may

appear specifically in certain types of contracts within the Federal Supply Schedule or Acquisitions

for GSA Stock Program contracts.