444526 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

GENERAL SERVICES

ADMINISTRATION

48 CFR Chapter V

General Services Administration

Acquisition Regulation; Small Entity

Compliance Guide

AGENCY: Office of Acquisition Policy,

GSA.

ACTION: Small Entity Compliance Guide.

SUMMARY: This Small Entity Compliance

Guide has been prepared in accordance

with Section 212 of the Small Business

Regulatory Enforcement Fairness Act of

1996 (Pub. L. 104–121). It summarizes

Change 76 which amended the General

Services Administration Acquisition

Regulation (GSAR) concerning the

Multiple Award Schedule (MAS)

program. Further information regarding

the change may be obtained by referring

to Change 76 which precedes this

notice.

FOR FURTHER INFORMATION CONTACT:

Marjorie Ashby, GSA Acquisition Policy

Division, (202) 501–1224.

SUPPLEMENTARY INFORMATION: This final

rule adopts the interim rule which

amended the GSAR as a final rule with

changes. The interim rule was

published in the Federal Register on

February 16, 1996, at (61 FR 6164). The

final rule affects both GSA contracting

personnel and commercial entities

submitting offers under the MAS

program.

The following is a summary of the

most significant provisions of the final

rule as it applies to the Multiple Award

Schedule (MAS) program:

• GSA will continue to seek to obtain

the offeror’s best price (the best price

given to the most favored customer).

• The Government recognizes that

conditions may exist where terms,

conditions, and provisions of the

Government contract may differ

substantially from those of the offeror’s

commercial customers and there may be

legitimate reasons why the best price is

not achieved.

• In most cases, the Government will

no longer have post-award audit rights

for information provided during

negotiations relating to price, but retains

post-award audit authority in order to

ensure compliance with the Price

Reduction and Industrial Funding Fee

clauses of the contract and to identify

overbillings and billing errors.

• GSA’s Office of Inspector General

maintains independent authority under

the Inspector General Act.

• The Price Reduction Clause will

continue to apply.

The final rule stipulates that offerors

responding to an MAS solicitation must:

• Complete the Commercial Sales

Practices Format to disclose written

discounting policies or standard

discounting practices and sales

information relative to the products/

services being offered to the

Government. The Format replaces the

previously used ‘‘Discount Schedule

and Marketing Data’’ sheets.

• Discuss deviations from written

discounting policies or standard

discounting practices.

• If requested by the contracting

officer, provide additional information

necessary for the Contracting Officer to

establish whether the offered price is

fair and reasonable.

• Ensure that any data submitted is

current, accurate, and complete.

• Submit two copies of their current

published commercial catalog and/or

price list, annotated as defined to

indicate what is and is not being offered

to the Government.

• Describe all discounts and

concessions offered to the Government.

• If a dealer or if dealers will

participate in the contract, describe the

functions to be performed by the

dealers.

• Agree to make available to GSA’s

Administrator or authorized

representative any books, documents,

papers, or records involving

transactions related to a resulting

contract for overbillings, billing errors,

and compliance with the Price

Reduction and Industrial Funding Fees

Clauses.

Dated: August 15, 1997.

Ida M. Ustad,

Deputy Associate Administrator for

Acquisition Policy.

[FR Doc. 97–22145 Filed 8–20–97; 8:45 am]

BILLING CODE 6820–61–M