Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Rules and Regulations 47737 

(iii) That if the non-resident alien 

serves as a lifeboatman, he or she must 

have the necessary lifeboatman’s 

endorsement; and 

(iv) The non-resident alien has 

completed the training for crewmembers 

on passenger ships performing duties 

involving safety or care for passengers, 

as required in subpart 12.35 of this 

subchapter. 

(c) No more than 25 percent of the 

total number of ratings on a U.S. flag 

large passenger vessel may be aliens, 

whether admitted to the United States 

for permanent residence or authorized 

for employment in the United States as 

non-resident aliens. 

(d) The owner or operator of a U.S. 

flag large passenger vessel employing 

non-resident aliens holding Coast 

Guard-issued merchant mariner 

credentials described in subpart 12.40 of 

this subchapter must: 

(1) Retain custody of all non-resident 

alien merchant mariner credentials for 

the duration of employment, under 

§ 12.40–13(b)(2) of this subchapter; and 

(2) Return all non-resident alien 

merchant mariner credentials to the 

Coast Guard upon termination of 

employment, under § 12.40–13(b)(3) of 

this subchapter. 

(e) The owner or operator of a U.S. 

flag large passenger vessel employing 

non-resident aliens holding Coast 

Guard-issued merchant mariner 

credentials described in subpart 12.40 of 

this subchapter is subject to the civil 

penalty provisions specified in 46 

U.S.C. 8103(f), for any violation of this 

section. 

Dated: September 10, 2009. 

Jeffrey G. Lantz, 

Director of Commercial Regulations & 

Standards CG–52. 

[FR Doc. E9–22355 Filed 9–16–09; 8:45 am] 

BILLING CODE 4910–15–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 501, 514, and 552 

[GSAR Amendment 2009–11; GSAR Case 

2008–G505 (Change 39); Docket 2008–0007; 

Sequence 20] 

RIN 3090–AI73 

General Services Acquisition 

Regulation; GSAR Case 2008–G505; 

Rewrite of GSAR Part 514, Sealed 

Bidding 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

GSA Acquisition Regulation (GSAR) by 

revising the sections of GSAR Part 514 

that provide requirements for sealed 

bidding. This rule is a result of the GSA 

Manual (GSAM) Rewrite initiative 

undertaken by GSA to revise the GSAM 

to maintain consistency with the 

Federal Acquisition Regulation (FAR), 

and to implement streamlined and 

innovative acquisition procedures that 

contractors, bidders, and GSA 

contracting personnel can utilize when 

entering into and administering 

contractual relationships. The GSAM 

incorporates the GSAR as well as 

internal agency acquisition policy. 

DATES: October 19, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Michael O. Jackson at (202) 208–4949. 

For information pertaining to the status 

or publication schedules, contact the 

Regulatory Secretariat (VPR), 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405, (202) 501–4755. Please cite 

GSAR Case 2008–G505 (Change 39), in 

all correspondence. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The GSA is amending the GSAR to 

revise sections of GSAR Part 514 that 

provide requirements for sealed 

bidding. 

This final rule is a result of the GSA 

Acquisition Manual (GSAM) rewrite 

initiative undertaken by GSA to revise 

the GSAM to maintain consistency with 

the Federal Acquisition Regulation 

(FAR) and to implement streamlined 

and innovative acquisition procedures 

that contractors, bidders, and GSA 

contracting personnel can utilize when 

entering into and administering 

contractual relationships. The GSAM 

incorporates the GSAR as well as 

internal agency acquisition policy. 

The GSA will rewrite each part of the 

GSAR and GSAM, and as each GSAR 

part is rewritten, will publish it in the 

Federal Register. 

This rule covers the rewrite of GSAR 

Part 514. The specific changes are as 

follows: 

501.106 OMB Approval under the 

Paperwork Reduction Act. 

• Added OMB Control No. 3090–0162 

as a cross reference for 514.201–1. 

514.201–2 Part I—The Schedule. 

•Changed paragraph (a) from ‘‘When 

you’’ to ‘‘When using’’. Also in 

paragraph (a) changed ‘‘which’’ to 

‘‘that’’ and added all three FAR clauses 

for Prompt Payment (52.232–25, 

52.232–26, and 52.232–27). 

•Changed the word ‘‘offer’’ to ‘‘bid’’. 

•Changed paragraph (b) from ‘‘When 

you use’’ to ‘‘When using’’ to clarify the 

reference to ‘‘you’’ and added a 

reference to the Standard Form 1449 as 

an example that this form can also be 

used. 

514.201–6 Solicitation provisions. 

•Changed ‘‘When you’’ to ‘‘When 

considering’’ to delete the reference to 

the word ‘‘you’’. 

•Changed ‘‘All or None Offers’’ to 

‘‘All or None Bids’’. 

• Deleted the reference for Alternate I 

because the alternate is being proposed 

for deletion because it is not consistent 

with the intention of the basic clause. 

514.201–7 Contract clauses. 

• In the old paragraph (a) changed 

‘‘you’’ to ‘‘The contracting officer’’. 

• Deleted paragraph (b), Examination 

of Records. The clause does not provide 

basic audit rights that are in addition to 

the FAR clauses at 52.215–2, Audit and 

Records—Negotiation and 52.214–26, 

Audit and Records—Sealed Bidding. 

And as opposed to the GSA clause, the 

FAR clause is specific to sealed bids. 

Further, the GSA clause grants to the 

agency rights to audit subcontractors 

that are in excess of those granted by the 

FAR and the statute. 

514.202–4 Bid samples. 

•Renamed paragraphs (a) and (b) to be 

more consistent with the FAR. 

• Also in paragraphs (a) and (b) 

restructured the language to remove the 

word ‘‘you’’ and replaced with 

contracting officer. 

•Clarified the language to state who 

must take physical custody of bid 

samples. 

• Deleted paragraph (c) because it is 

redundant with FAR 14.202–4(d). 

514.202–5 Descriptive Literature. 

• Added a new GSAR section in order 

to address the requirements of FAR 

14.202–5(c). 

514.270–1 Definition. Deleted 

hyphenation in ‘‘separately-priced’’. 

514.270–2 Justification for use. 

• Inserted ‘‘the contracting officer 

should’’ in paragraph (b) and made last 

sentence of paragraph (3) a new number 

paragraph (4) and renumbered old 

paragraphs (4) and (5) to paragraphs (5) 

and (6), respectively. 

• Added ‘‘the contracting officer 

should’’ to replace the understood 

‘‘you’’ and deleted ‘‘Do’’ in paragraph 

(c). 

514.270–3 Evaluation factors for 

award. 

• Edited to avoid either using the 

passive voice or repeating ‘‘the 

contracting officer’’. 

514.270–4 Grouping line items for 

aggregate award. 

• In paragraph (a) the title ‘‘Type of 

contract’’ was changed to one that is 

more descriptive of the substance of the 

paragraph; type of contract refers to Part 

16 contract types. 


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47738 Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Rules and Regulations 

• In paragraph (b) changed the ‘‘when 

you group’’ to ‘‘when grouping’’ and in 

paragraph (d)(3)(i) changed ‘‘It can 

cause you to lose’’ to ‘‘It can cause the 

loss of’’. 

• In paragraph (d)(2) changed 

‘‘respond’’ to ‘‘responded’’. 

514.270–6 Guidelines for using the 

weight factors method. 

• In paragraph (a) changed ‘‘you have’’ 

to ‘‘there are’’. 

• In paragraph (d) changed ‘‘You may 

reduce estimated quantities’’ to 

‘‘Estimated quantities may be reduced’’. 

• In paragraph (e) deleted the ‘‘you’’ in 

the first sentence. 

514.270–7 Guidelines for using the 

price list method. 

• In paragraph (a) changed ‘‘you need 

to make’’ to ‘‘making’’. 

• In paragraph (b) changed ‘‘When you 

use’’ to ‘‘using’’. 

• In paragraph (c) changed ‘‘You may 

develop price lists’’ to ‘‘Price lists may 

be developed’’. 

• In paragraph (d) changed ‘‘you use’’ 

to ‘‘the contracting officer uses’’ and 

changed ‘‘You may provide’’ to ‘‘This 

information may be provided’’. 

• In paragraph (e) changed ‘‘You may 

use prices’’ to ‘‘Prices may be used’’. 

• In paragraph (h) changed ‘‘If you 

cannot estimate the Government’s 

needs’’ to ‘‘If the Government’s needs 

cannot be estimated’’. 

• In paragraph (i)(6) changed ‘‘If you 

provide’’ to ‘‘If providing’’. 

• In paragraph (i)(8) deleted the 

sentence in its entirety and replaced it 

with ‘‘When the solicitation further 

groups united prices by trade or 

business category, multiple percentages 

may be required’’. 

514.407–3 Other mistakes disclosed 

before award. 

• Deleted paragraph (b) because it is 

redundant with FAR 14.407–3(f). 

•Renumbered old paragraphs (1) and 

(2) as paragraphs (a) and (b), 

respectively. 

514.407–4 Mistakes after award. 

• Added ‘‘are required to’’ and 

changed ‘‘your’’ to ‘‘the contracting 

officer’s’’. 

552.214–70 ‘‘All or None’’ Bids. 

• In paragraph (a) deleted the first part 

of the sentence so it now to begins with 

‘‘The Government . . . .’’ 

• Deleted Alternate I in its entirety to 

match the changes. 

•Changed all occurrences of the word 

‘‘offer’’ to ‘‘bid’’. 

552.214–71 Progressive Awards and 

Monthly Quantity Allocations. 

•Changed all occurrences of the 

words ‘‘offeror’’, ‘‘offer’’ or ‘‘offering’’ to 

‘‘bidder’’, ‘‘bid’’, or bidding. 

552.214–72 Bid Sample 

Requirements. 

• Deleted ‘‘NOTE: (1)’’ because it is 

redundant. 

Discussion of Comments 

A proposed rule for the regulatory 

portion of the GSAM was published in 

the Federal Register at 73 FR 60225 on 

October 10, 2008. The public comment 

period for GSAR Part 514 closed on 

December 9, 2008, and four (4) 

comments were received. A discussion 

of these comments is provided below: 

Comment 1: 514.201–2. 

‘‘(See FAR 52.232–25)’’ has been 

added to the subsection. However, that 

is only one of three Prompt Payment 

clauses. Recommend all three clauses be 

referenced as historically construction 

has been procured with sealed bidding. 

While that has changed in the last 

decade, all three clauses should still be 

referenced: ‘‘(See FAR 52.232–25, 

52.232–26, or 52.232–27, as 

applicable)’’. 

Response: 

Concur. All three Prompt Payment 

clauses have been added. 

Comment 2: 514.202–5. 

Recommend deleting this section. It 

merely states the clause in the FAR is 

sufficient. It does not add any value. If 

the information is already in the FAR, 

no further information needs to be 

identified in the GSAR. 

Response: 

Non-concur; 514.202–5 amplifies the 

information, or rather points the reader 

to the information in the FAR. 

Comment 3: 514.270–2. 

The new paragraph (a)(4) already 

exists, verbatim, as part of paragraph 

(a)(3). As the proposed paragraph (a)(4) 

is related to the information in 

paragraph (a)(3), recommend leaving it 

in paragraph (a)(3), but reformatting the 

sentence to make it clear it is part of 

(a)(3). In the current GSAR, it has been 

dropped down a line. 

Response: 

Non-concur. Items (a)(3) and (a)(4) are 

different enough that they can be listed 

as two different items in the list of 

series. 

Comment 4: 514.270–3. 

Recommend adding a clause or 

provision as a consistent method for 

providing the notification required in 

the solicitation. Revise as, ‘‘Insert a 

clause substantially the same as the 

clause at 552.214–XX, Evaluation for 

Aggregate Award, in solicitations that 

will include aggregate line items for 

award.’’ 

Response: 

Non-concur. The team believes that 

FAR 52.214–22, Evaluation of Bids for 

Multiple Awards, provides equivalent 

coverage. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The General Services Administration 

does not expect this final rule to have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the revisions are not considered 

substantive. The revisions only update 

and reorganize existing coverage. This is 

not a significant change. Therefore, a 

Regulatory Flexibility Analysis was not 

performed. In accordance with 5 U.S.C. 

610, the proposed rule requested 

comments from small entities 

concerning this assessment, and no 

comments were received. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act 

applies; however, these changes to the 

GSAR do not impose additional 

information collection requirements to 

the paperwork burden previously 

approved under OMB Control Number 

3090–0027. 

List of Subjects in 48 CFR Parts 501, 

514, and 552 

Government procurement. 

Dated: August 31, 2009. 

David A. Drabkin, 

Senior Procurement Executive, Office of 

Acquisition Policy, General Services 

Administration. 

■ Therefore, GSA amends 48 CFR parts 

501, 514, and 552 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 501, 514, and 552 continues to 

read as follows: 

Authority: 40 U.S.C. 121(c). 

PART 501—GENERAL SERVICES 

ADMINISTRATION ACQUISITION 

REGULATION SYSTEM 

501.106 [Amended] 

■ 2. Amend section 501.106 by adding 

the GSAR Reference number ‘‘514.201– 

1’’, in numerical sequence, and its 

corresponding OMB Control No. ‘‘3090– 

0163’’. 

PART 514—SEALED BIDDING 

■ 3. Revise section 514.201–2 to read as 

follows: 

514.201–2 Part I—The Schedule. 

(a) When using Standard Form 33, 

Solicitation, Offer and Award, include 

the following cautionary notice: 


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Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Rules and Regulations 47739 

‘‘Notice to Bidders—Use Item 13 of 

the Standard Form 33, Solicitation, 

Offer and Award, to offer prompt 

payment discounts. The Prompt 

Payment clause of this solicitation sets 

forth payment terms. Do not insert any 

statement in Item 13 that requires 

payment sooner than the time stipulated 

in the Prompt Payment clause (See FAR 

52.232–25, 52.232–26, or 52.232–27, as 

applicable). EXAMPLE: If you insert 

‘‘NET 20’’ in Item 13, GSA will reject 

your bid as nonresponsive because the 

entry contradicts the 30 day payment 

terms specified in the Prompt Payment 

clause.’’ 

(b) When using other authorized 

forms (e.g., Standard Form 1447, 

Solicitation/Contract; Standard Form 

1449, Solicitation/Contract/Order for 

Commercial Items), include the notice 

in paragraph (a) of this section. Change 

the reference to the form number, form 

title, and item number accordingly. 

■ 4. Revise section 514.201–6 to read as 

follows: 

514.201–6 Solicitation provisions. 

When considering all or none bids, 

insert the provision at 552.214–70, ‘‘All 

or None’’ Bids, in the solicitation. 

■ 5. Revise section 514.201–7 to read as 

follows: 

514.201–7 Contract clauses. 

Stock replenishment contracts. For 

some stock replenishment contracts, 

individual contractors may be unable to 

furnish the Government’s monthly 

requirements. The contracting officer 

may determine that progressive awards 

will be more expedient. In such cases, 

insert a clause substantially the same as 

the clause at 552.214–71, Progressive 

Awards and Monthly Quantity 

Allocations, in the solicitation and 

contract. 

■ 6. Revise section 514.202–4 to read as 

follows: 

514.202–4 Bid samples. 

(a) Requirements for samples in 

invitations for bids. (1) When bid 

samples are required, the contracting 

officer shall require bidders to submit 

samples produced by the manufacturer 

whose products will be supplied under 

the contract. 

(2) The FAR limits use of bid samples 

to cases where the contracting officer 

cannot describe some characteristics of 

a product adequately in the 

specification or purchase description. 

This usually applies to subjective 

characteristics. The contracting officer 

may determine that there is a need to 

examine objective characteristics of bid 

samples to determine the 

responsiveness of a bid. The contracting 

officer should base the determination on 

past experience or other valid 

considerations. In the solicitation, 

separately list ‘‘Subjective 

Characteristics’’ and ‘‘Objective 

Characteristics’’. 

(3) A provision appears at 552.214– 

72, Bid Sample Requirements. This 

provision may be modified to fit the 

circumstances of a procurement. 

(b) Handling bid samples. (1) Samples 

from accepted bids must be retained for 

the period of contract performance. If 

there are no outstanding claims 

regarding the contract, the contracting 

officer may authorize disposal of the 

samples at the end of the contract term 

following the bidder’s instructions. 

(2) If the contracting officer 

anticipates a claim regarding the 

contract, the contracting officer shall 

require that the bid samples be retained 

until the claim is resolved. 

(3) The contracting officer shall 

require that samples from unsuccessful 

bids be retained until award. After 

award, these samples may be disposed 

of following the bidder’s instructions. 

■ 7. Add section 514.202–5 to read as 

follows: 

514.202–5 Descriptive literature. 

Requirements for Invitations for bids. 

When using brand name or equal 

purchase descriptions, the provision at 

FAR 52.211–6 satisfies the requirement 

for descriptive literature. 

514.203 [Removed] 

■ 8. Remove section 514.203. 

■ 9. Amend section 514.270–2 by— 

■ a. Redesignating paragraphs (a)(4) and 

(a)(5) as paragraphs (a)(5) and (a)(6), 

respectively, and adding new paragraph 

(a)(4); and 

■ b. Revising the introductory text of 

paragraph (b), and paragraph (c). 

■ The revised and added text reads as 

follows: 

514.270–2 Guidelines for use. 

(a) * * * 

(4) Awarding the low-demand articles 

in conjunction with the high-demand 

articles may encourage competition. 

* * * * * 

(b) Before deciding to combine items 

for aggregate award, the contracting 

officer should consider the following 

factors: 

* * * * * 

(c) The contracting officer should not 

use an aggregate award if it will 

significantly restrict the number of 

eligible bidders. 

■ 10. Revise section 514.270–3 to read 

as follows: 

514.270–3 Evaluation factors for award. 

The solicitation should clearly state 

the basis for evaluating bids for 

aggregate award, require bidders to 

submit a price on each item within the 

group or a percentage to be added or 

subtracted from a list price, and advise 

bidders that failure to submit prices as 

required within a group makes a bid 

ineligible for award for that group. 

■ 11. Amend section 514.270–4 by— 

■ a. Revising paragraph (a); 

■ b. Removing from paragraph (b) ‘‘you 

group’’ and adding ‘‘grouping’’ in its 

place; 

■ c. Removing from paragraph (d)(2) 

‘‘respond’’ and adding ‘‘responded’’ in 

its place; and 

■ d. Removing from paragraph (d)(3)(i) 

‘‘you to lose’’ and adding ‘‘the loss of’’ 

in its place. 

514.270–4 Grouping line items for 

aggregate award. 

(a) Supplies and services. This 

subsection applies to acquisitions of 

supplies and services. 

* * * * * 

■ 12. Amend section 514.270–6 by— 

■ a. Removing from the introductory 

text of paragraph (a) ‘‘you have’’ and 

adding ‘‘there are’’ in its place; 

■ b. Revising the first sentence in 

paragraph (d); and 

■ c. Removing from paragraph (e) the 

word ‘‘you’’. 

■ The revised text reads as follows: 

514.270–6 Guidelines for using the weight 

factors method. 

* * * * * 

(d) Estimated quantities may be 

reduced to smaller numbers by a 

common denominator. * * * 

* * * * * 

■ 13. Amend section 514.270–7 by— 

■ a. Revising the first sentence in 

paragraph (a); 

■ b. Revising the introductory text of 

paragraphs (b) and (c); 

■ c. Revising paragraph (d); 

■ d. Revising the second sentence of 

paragraph (e); and 

■ e. Revising the third sentence in 

paragraph (h), and paragraphs (i)(6) and 

(i)(8). 

■ The revised text reads as follows: 

514.270–7 Guidelines for using the price 

list method. 

(a) General. The price list method 

helps avoid unbalanced bidding when 

making aggregate awards, but lack 

accurate estimates of anticipated 

quantities. * * * 

(b) Solicitation requirements. When 

using the price list method, in the 

solicitation: 

* * * * * 


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47740 Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Rules and Regulations 

(c) Developing list prices. Price lists 

may be developed using one or more of 

the following sources: 

* * * * * 

(d) First time use for an item or 

service. The first time the contracting 

officer uses list prices for an item or 

service, give prospective bidders an 

opportunity to review the proposed list. 

Also provide information on how GSA 

will use the list prices. This information 

may be provided in a draft solicitation. 

(e) * * *. Prices may be used from 

previous awards made using the weight 

factors method to develop price lists. 

* * * * * 

(h) * * *. If the Government’s needs 

cannot be estimated, the solicitation 

may include past orders. * * * 

(i) * * * 

(6) If providing quantity estimates, 

state that the estimates are for 

information only and do not constitute 

guarantees or commitments to order 

items under the contract. 

* * * * * 

(8) When the solicitation further 

groups unit prices by trade or business 

category, multiple percentages may be 

required. 

* * * * * 

■ 14. Revise section 514.407–3 to read 

as follows: 

514.407–3 Other mistakes disclosed 

before award. 

Delegation of authority by head of the 

agency. Under FAR 14.407–3(e), 

contracting directors (see 502.101) are 

authorized, without power of 

redelegation, to make: 

(a) The determinations regarding 

corrections and withdrawals under FAR 

14.407–3(a), (b), and (c); and 

(b) The corollary determinations not 

to permit withdrawal or correction 

under FAR 14.407–3(d). 

■ 15. Revise section 514.407–4 to read 

as follows: 

514.407–4 Mistakes after award. 

The contracting director and assigned 

counsel are required to review and 

approve the contracting officer’s 

determinations under FAR 14.407–4(b) 

and (c). 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 16. Revise the section heading, date of 

the provision and paragraphs (a) and (b) 

of section 552.214–70; and remove 

Alternate I. 

■ The revised text reads as follows: 

552.214–70 ‘‘All or None’’ Bids. 

* * * * * 

‘‘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. 

(b) 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. 

■ 17. Amend section 552.214–71 by 

revising the date of the clause, 

paragraph (a)(1), the introductory text of 

paragraph (a)(2), and paragraph (b) to 

read as follows: 

552.214–71 Progressive Awards and 

Monthly Quantity Allocations. 

* * * * * 

PROGRESSIVE AWARDS AND MONTHLY 

QUANTITY ALLOCATIONS (Oct 2009) 

(a) Monthly quantity allocation. 

(1) Set forth below are the Government’s 

estimated annual and monthly requirements 

for each stock item covered by this 

solicitation. Bids shall indicate, in the spaces 

provided, the monthly quantity which the 

bidder is willing to furnish of any item or 

group of items involving the use of the same 

production facilities. In making monthly 

allocations, bidders are urged to group as 

many items as possible. Such groupings will 

make it possible for the Government to make 

fullest use of the production capabilities of 

each bidder. 

(2) Bidders need not limit their monthly 

allocations to the Government’s estimated 

monthly requirements, since additional 

unanticipated needs may occur during the 

period of the contract. If a bid does not 

include monthly allocation quantities, it will 

be deemed to offer to furnish all of the 

Government’s requirements, even though 

they may exceed the stated estimated 

requirements. 

* * * * * 

(b) Progressive awards. If the low 

responsive bid’s monthly quantity allocation 

is less than the Government’s estimated 

requirements, the Government may make 

progressive awards beginning with the low 

responsive bid and including each next low 

responsive bid to the extent necessary to 

meet the estimated requirements. 

* * * * * 

■ 18. Amend section 552.214–72 by— 

■ a. Revising the date of the provision; 

■ b. Revising the ‘‘Note’’ in paragraph 

(b); and 

■ c. Adding paragraph (e). 

■ The revised and added text reads as 

follows: 

552.214–72 Bid Sample Requirements. 

* * * * * 

BID SAMPLE REQUIREMENTS (Oct 2009) 

* * * * * 

(b) * * * 

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. 

* * * * * 

(e) Contracting Officer insert address. 

llllllllllllllll 

llllllllllllllll 

llllllllllllllll 

[FR Doc. E9–22209 Filed 9–16–09; 8:45 am] 

BILLING CODE 6820–61–S 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 573 and 579 

[Docket No. NHTSA–2008–0169; Notice 2] 

RIN 2127–AK28 

Early Warning Reporting Regulations 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This rule amends certain 

provisions of the early warning 

reporting (EWR) rule published 

pursuant to the Transportation Recall 

Enhancement, Accountability, and 

Documentation (TREAD) Act and adds 

requirements for information identifying 

products involved in a recall under 49 

CFR part 573 Defect and 

Noncompliance Responsibility and 

Reports. This rule modifies the 

threshold for submitting quarterly EWR 

reports for light vehicle, bus, mediumheavy vehicle (excluding emergency 

vehicles), motorcycle and trailer 

manufacturers. It further requires 

manufacturers submitting EWR reports 

to submit product names that are 

consistent from reporting quarter to 

quarter and amends the definition of 

‘‘other safety campaign.’’ It also amends 

part 573 Defect and Noncompliance 

Responsibility and Reports to add 

requirements that tire manufacturers 

provide a range of tire identification 

numbers of recalled tires and 

manufacturers provide the country of 

origin of a component involved in a 

recall. 

DATES: Effective Date: The effective date 

of this final rule is October 19, 2009. 

Compliance Date: Compliance by bus 

manufacturers producing 100 or more 

but fewer than 500 buses annually is not 

required until September 13, 2010. 

ADDRESSES: If you wish to petition for 

reconsideration of this rule, you should 

refer in your petition to the docket 


cprice-sewell on DSK2BSOYB1PROD with RULES