55516 Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Rules and Regulations 

Communications Networks Act of 2019 

(Secure Networks Act), Public Law 116– 

124, 133 Stat. 158 (2020) (codified as 

amended at 47 U.S.C. 1601–1609), 

which among other measures, directs 

the FCC to establish the Secure and 

Trusted Communications Networks 

Reimbursement Program 

(Reimbursement Program). This 

program is intended to provide funding 

to providers of advanced 

communications service for the 

removal, replacement and disposal of 

certain communications equipment and 

services that pose an unacceptable 

national security risk (i.e., covered 

equipment and services) from their 

networks. The Commission has 

designated two entities—Huawei 

Technologies Company (Huawei) and 

ZTE Corporation (ZTE), along with their 

affiliates, subsidiaries, and parents—as 

covered companies posing such a 

national security threat. See Protecting 

Against National Security Threats to the 

Communications Supply Chain Through 

FCC Programs—Huawei Designation, PS 

Docket No. 19–351, Memorandum 

Opinion and Order, 35 FCC Rcd 14435 

(2020); Protecting Against National 

Security Threats to the Communications 

Supply Chain Through FCC Programs— 

ZTE Designation, PS Docket No. 19–352, 

Memorandum Opinion and Order, DA 

20–1399 (PSHSB rel. Nov. 24, 2020). 

On December 10, 2020, the 

Commission adopted the Second Report 

and Order implementing the Secure 

Networks Act, which contained certain 

new information collection 

requirements. See Protecting Against 

National Security Threats to the 

Communications Supply Chain Through 

FCC Programs, WC Docket No. 18–89, 

Second Report and Order, 35 FCC Rcd 

14284 (2020) (Second Report and 

Order). These requirements will allow 

the Commission to receive, review and 

make eligibility determinations and 

funding decisions on applications to 

participate in the Reimbursement 

Program that are filed by certain 

providers of advanced communications 

service. These new information 

collection requirements will also assist 

the Commission in processing funding 

disbursement requests and in 

monitoring and furthering compliance 

with applicable program requirements 

to protect against waste, fraud, and 

abuse. 

On December 27, 2020, the President 

signed into law the Consolidated 

Appropriations Act, 2021, appropriating 

$1.9 billion to ‘‘carry out’’ the 

Reimbursement Program and amending 

the Reimbursement Program eligibility 

requirements to expand eligibility to 

include providers of advanced 

communications service with 10 million 

or fewer subscribers. See Public Law 

116–260, Division N—Additional 

Coronavirus Response and Relief, Title 

IX—Broadband internet Access Service, 

§§ 901, 906, 134 Stat. 1182 (2020). The 

Commission has interpreted the term 

‘‘provider of advanced communications 

service’’ to mean ‘‘facilities-based 

providers, whether fixed or mobile, with 

a broadband connection to end users 

with at least 200 kbps in one direction.’’ 

Second Report and Order, 35 FCC Rcd 

at 14332, para. 111. Participation in the 

Reimbursement Program is voluntary 

but compliance with the new 

information collection requirements is 

required to obtain Reimbursement 

Program support. 

The Secure Networks Act requires all 

providers of advanced communications 

service to annually report, with 

exception, on whether they have 

purchased, rented, leased or otherwise 

obtained covered communications 

equipment or service on or after certain 

dates. 47 U.S.C. 1603(d)(2)(B). The 

Second Report and Order adopted a 

new information collection requirement 

to implement this statutory mandate. 

See Secure Networks Act section 5. If 

the provider certifies it does not have 

any covered equipment and services, 

then the provider is not required to 

subsequently file an annual report, 

unless it later obtains covered 

equipment and services. Second Report 

and Order at para. 215. 

The Commission therefore revises this 

information collection contained in the 

Second Report and Order adopted by 

the Commission on December 10, 2020. 

A previously approved information 

collection requirement was also 

eliminated as it was no longer 

necessary. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2021–21783 Filed 10–5–21; 8:45 am] 

BILLING CODE 6712–01–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 503, 511, 512, 513, 514, 

515, 517, 519, 522, 523, 527, 528, 529, 

532, 536, 537, 538, 539, 541, 542, 543, 

546, 549, 552, and 570 

[GSAR Case 2017–G506; Docket No. GSA– 

GSAR 2021–0016; Sequence No. 1] 

RIN 3090–AJ90 

General Services Administration 

Acquisition Regulation (GSAR); Clause 

and Provision Designation Corrections 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Final rule. 

SUMMARY: GSA is issuing a final rule to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to correct clause and provision 

designation and prescription errors, 

correct deviations and alternate 

identification issues, and to make other 

updates to the GSAR related to 

identification and incorporation of 

GSAR provisions and clauses. 

DATES: Effective November 5, 2021. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas O’Linn, Procurement Analyst, 

at 202–445–0390 or gsarpolicy@gsa.gov, 

for clarification of content. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat Division at 202– 

501–4755 or GSARegSec@gsa.gov. 

Please cite GSAR Case 2017–G506. 

SUPPLEMENTARY INFORMATION: 

I. Background 

As part of GSA’s regulatory reform 

efforts, GSA has been performing a 

comprehensive review of the regulatory 

requirements in the GSAR. GSA 

identified designation and prescription 

errors related to clauses and provisions. 

Additionally, GSA identified GSAR 

clause and provision identification and 

incorporation issues as well as 

inconsistencies among deviation 

citations within GSAR part 552. The 

amendments in this case will result in 

conformance with Federal Acquisition 

Regulation (FAR) and GSAR drafting 

guidelines. 

II. Authority for This Rulemaking 

Title 40 of the United States Code 

(U.S.C.) Section 121 authorizes GSA to 

issue regulations, including the GSAR, 

to control the relationship between GSA 

and contractors. 

III. Discussion and Analysis 

The amendments to the GSAR are 

minor and reflect only technical edits 


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and editorial corrections. More 

specifically, this case makes several 

editorial amendments to GSAR clause 

and provision designations and 

prescriptions; updates the GSAR policy 

for using subpart 552.1, updates the 

GSAR policy for the identification of 

deviations and alternates, and updates 

the GSAR policy for incorporating 

GSAR provisions and clauses by 

reference; and makes additional 

editorial corrections related to GSAR 

clauses and provision prescription. 

First, this case makes corrections to 

bring clause and provision designations 

and prescriptions up-to-date and in 

conformance with FAR and GSAR 

current drafting guidelines. 

Additionally, makes a number of 

editorial changes to address errors 

related to the designation and 

prescription of several clauses and 

provisions. For example, subpart 552.2 

incorrectly identifies the following 

GSAR clause as ‘‘552.217–73 Notice 

Regarding Information Collection 

Requirements’’ though the correct 

identification is ‘‘552.215–73 Notice’’. 

Second, this case amends several 

GSAR provision titles and clause titles 

to bring them in conformance with FAR 

and GSAR drafting guidelines 

concerning the use of deviations. GSAR 

552.103 is also being amended to update 

the policy on identification of 

deviations to provisions and clauses 

that meet the definition of deviation in 

FAR 1.401. Under FAR 1.401(a), a 

deviation is the ‘‘issuance or use of a 

policy, procedure, solicitation provision 

. . ., contract clause . . ., method, or 

practice of conducting acquisition 

actions of any kind at any stage of the 

acquisition process that is inconsistent 

with the FAR’’. A GSAR provision or 

clause that is used in lieu of a FAR 

provision or clause is a deviation, and 

therefore, should be indicated as such. 

For example, GSAR clause 552.227–70 

Government Rights (Unlimited) is a 

deviation to FAR clause 52.227–17 

Rights in Data-Special Works; however, 

the GSAR currently does not identify 

the clause as being a deviation. As a 

result, the clause title is being amended 

to reflect the clause being a deviation. 

Third, this case amends the GSAR 

policy found in 552.101–70 and 552.102 

for purposes of reflecting current 

requirements around the use and 

incorporation of GSAR provisions and 

clauses. Lastly, this case makes 

additional technical amendments 

throughout the GSAR to conform with 

the amendments covered by this case. 

For example, GSAR subpart 519.7 and 

part 549 are being made non-regulatory 

due to existing GSAM requirements are 

non-regulatory. 

IV. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been reviewed 

and determined by the Office of 

Management and Budget (OMB) not to 

be a significant regulatory action and, 

therefore, was not subject to review 

under section 6(b) of E.O. 12866, 

Regulatory Planning and Review, dated 

September 30, 1993. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a ‘‘major rule’’ may take 

effect, the agency promulgating the rule 

must submit a rule report, which 

includes a copy of the rule, to each 

House of the Congress and to the 

Comptroller General of the United 

States. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This rule has been 

reviewed and determined by OMB not 

to be a ‘‘major rule’’ under 5 U.S.C. 

804(2). 

VI. Notice for Public Comment 

The statute that applies to the 

publication of the GSAR is the Office of 

Federal Procurement Policy statute 

(codified at title 41 of the United States 

Code). Specifically, 41 U.S.C. 1707(a)(1) 

requires that a procurement policy, 

regulation, procedure or form (including 

an amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, 

procedure, or form, or has a significant 

cost or administrative impact on 

contractors or offerors. This rule is not 

required to be published for public 

comment, because GSA is not issuing a 

new regulation that has a significant 

effect or imposes any requirements on 

contractors or offerors; rather, because 

this is a noncontroversial action that 

only impacts the agency’s internal 

acquisition policies and procedures 

related to correcting GSAR errors and 

updating GSAR drafting policies and 

procedures. 

VII. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) does not apply to this 

rule, because an opportunity for public 

comment is not required to be given for 

this rule under 41 U.S.C. 1707(a)(1) (see 

Section VI. of this preamble). 

Accordingly, no regulatory flexibility 

analysis is required and none has been 

prepared. 

VIII. Paperwork Reduction Act 

This rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 503, 

511, 512, 513, 514, 515, 517, 519, 522, 

523, 527, 528, 529, 532, 536, 537, 538, 

539, 541, 542, 543, 546, 549, 552 and 

570 

Government procurement. 

Jeffrey A. Koses, 

Senior Procurement Executive, Office of 

Acquisition Policy, Office of Governmentwide Policy,General Services Administration. 

Therefore, GSA amends 48 CFR parts 

503, 511, 512, 513, 514, 515, 517, 519, 

522, 523, 527, 528, 529, 532, 536, 537, 

538, 539, 541, 542, 543, 546, 549, 552, 

and 570 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 503, 511, 512, 513, 514, 515, 517, 

519, 522, 523, 527, 528, 529, 532, 536, 

537, 538, 539, 541, 542, 543, and 546 

continues to read as follows: 

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

PART 503—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

■ 2. Revise section 503.1004 to read as 

follows: 

503.1004 Contract clauses. 

(a) In accordance with FAR 

3.1004(b)(1)(i), GSA has established a 

lower threshold for the inclusion of FAR 

clause at 52.203–14. Insert the clause in 

solicitations and contracts funded with 

disaster assistance funds expected to be 

at or above $1,000,000. 

(b) The information required by FAR 

3.1004(b)(2) is as follows: 

(1) Poster. GSA Office of Inspector 

General ‘‘FRAUDNET HOTLINE’’. 

(2) Contact information. The 

Contractor can obtain the poster from 

the Contracting Officer. 


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PART 511—DESCRIBING AGENCY 

NEEDS 

■ 3. Revise section 511.204 to read as 

follows: 

511.204 Contract clauses. 

(a) Specifications and drawings. Insert 

the clause at 552.211–72, Reference to 

Specifications in Drawings, in 

solicitations and contracts that contain 

military or other drawings. 

(b) Clauses for supply contracts that 

exceed the simplified acquisition 

threshold. When the contract amount is 

expected to exceed the simplified 

acquisition threshold, insert— 

(1) The clause at 552.211–73, 

Marking, in solicitations and contracts 

for supplies when deliveries may be 

made to both civilian and military 

activities. 

(2) The clause at 552.211–75, 

Preservation, Packaging, and Packing, in 

solicitations and contracts for supplies. 

The contracting officer may also include 

the clause in contracts estimated to be 

at or below the simplified acquisition 

threshold when appropriate. Use the 

clause with its Alternate I in 

solicitations and contracts for all 

Federal Supply Schedule contracts. 

(3) A clause substantially the same as 

the clause at 552.211–76, Charges for 

Packaging, Packing, and Marking, in 

solicitations and contracts for supplies 

to be delivered to GSA distribution 

centers. 

(4) The clause at 552.211–85, 

Consistent Pack and Package 

Requirements, in solicitations and 

contracts for supplies when deliveries 

may be made to both civilian and 

military activities. 

(5) The clause at 552.211–86, 

Maximum Weight Per Shipping 

Container, in solicitations and contracts 

for supplies when deliveries may be 

made to both civilian and military 

activities. 

(6) The clause at 552.211–87, Export 

Packing, in solicitations and contracts 

for supplies when deliveries may be 

made to both civilian and military 

activities. 

(7) The clause at 552.211–88, Vehicle 

Export Preparation, in solicitations and 

contracts for supplies when deliveries 

may be made to both civilian and 

military activities. 

(8) The clause at 552.211–89, NonManufactured Wood Packaging Material 

for Export, in solicitations and contracts 

for supplies when deliveries may be 

made to both civilian and military 

activities overseas. 

(9) The clause at 552.211–90, Small 

Parts, in solicitations and contracts for 

supplies when deliveries may be made 

to both civilian and military activities. 

(10) The clause at 552.211–91, 

Vehicle Decals, Stickers, and Data 

Plates, in solicitations and contracts for 

supplies when deliveries may be made 

to both civilian and military activities. 

(11) The clause at 552.211–92, Radio 

Frequency Identification (RFID) using 

Passive Tags, in solicitations and 

contracts for supplies when deliveries 

may be made to military activities. 

(c) Supply contracts. Insert the clause 

at 552.211–77, Packing List, in 

solicitations and contracts for supplies, 

including purchases over the micropurchase threshold. Use the clause with 

its Alternate I in solicitations and 

contracts for all Federal Supply 

Schedule contracts. 

■ 4. Revise section 511.404 to read as 

follows: 

511.404 Contract clauses. 

(a) Supplies or services. (1) Shelf-life 

items. Insert the following clauses in 

solicitations and contracts that require 

delivery of shelf-life items within a 

specified timeframe from the date of 

manufacture or production: 

(i) The clause at 552.211–79, 

Acceptable Age of Supplies, if the 

required shelf-life period is 12 months 

or less, and lengthy acceptance testing 

may be involved. For items having a 

limited shelf-life and when required by 

the program director, use the clause 

with its Alternate I. 

(ii) The clause at 552.211–80, Age on 

Delivery, if the required shelf-life period 

is more than 12 months, or when source 

inspection can be performed within a 

short time period. 

(2) Stock replenishment contracts. 

Insert the clause at 552.211–81, Time of 

Shipment, in solicitations and contracts 

when a stock replenishment contract is 

contemplated that does not include the 

clause at 552.211–83 and requires 

shipment within 45 calendar days after 

receipt of the order. Use the clause with 

its Alternate I if shipment is required 

after 45 days of receipt of the order. 

(3) Indeterminate testing time. Insert 

the clause at 552.211–83, Availability 

for Inspection, Testing, and Shipment/ 

Delivery, in solicitations and contracts 

that provide for source inspection by 

Government personnel and that require 

lengthy testing for which time frames 

cannot be determined in advance. Use 

the clause with its Alternate I if the 

contract is for stock items. 

(4) Stock program time of delivery. 

Insert the clause at 552.211–94, Time of 

Delivery, in solicitations and contracts 

for supplies for the Stock Program when 

neither the FAR clause at 52.211–8, or 

the FAR clause at 52.211–9 is suitable. 

(b) Construction. Insert the following 

clauses in solicitations and contracts 

when a fixed-price construction contract 

is contemplated: 

(1) The clause at 552.211–10, 

Commencement, Prosecution, and 

Completion of Work. 

(2) The clause at 552.211–70, 

Substantial Completion. 

■ 5. Add section 511.503 to subpart 

511.5 to read as follows: 

511.503 Contract clauses. 

(a) Insert the clause at 552.211–12, 

Liquidated Damages-Construction, in 

solicitations and contracts for 

construction, other than cost-plus-fixedfee, when the contracting officer 

determines that liquidated damages are 

appropriate (see FAR 11.501(a)). 

(b) Insert the clause at 552.211–13, 

Time Extensions, in solicitations and 

contracts for construction that includes 

the clause at 552.211–12. 

511.504 [Removed] 

■ 6. Remove section 511.504. 

PART 512—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 7. Revise section 512.301 to read as 

follows: 

512.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(a) Contract clauses. Insert the 

following clauses in solicitations and 

contracts for the acquisition of 

commercial items: 

(1) The clause at 552.212–71, Contract 

Terms and Conditions Applicable to 

GSA Acquisition of Commercial Items. 

This clause incorporates by reference 

only those clauses required to 

implement GSA requirements 

applicable to the acquisition of 

commercial items. This clause may be 

tailored in accordance with FAR 12.302 

and GSAM 512.302. 

(2) The clause at 552.212–72, Contract 

Terms and Conditions Required to 

Implement Statutes or Executive Orders 

Applicable to GSA Acquisitions of 

Commercial Items, when any listed 

clauses therein apply. This clause 

incorporates by reference only those 

clauses required to implement 

provisions of law or Executive orders 

that apply to commercial item 

acquisitions. 

(b) FAR deviation. GSA has a FAR 

deviation that allows use of the clause 

at 552.212–4 in lieu of the FAR clause 

at 52.212–4. Insert the clause at 

552.212–4, Contract Terms and 

Conditions-Commercial Items, in lieu of 

the FAR clause at 52.212–4. Use the 

clause with its Alternate I in lieu of the 

FAR clause at 52.212–4 and its 


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Alternate I. This clause may be tailored 

in accordance with FAR 12.302 and 

GSAM 512.302. 

(c) Discretionary use of GSAR 

provisions and clauses. Consistent with 

the limitations contained in FAR 12.302 

and 512.302, the contracting officer may 

include in solicitations and contracts by 

addendum other GSAR provisions and 

clauses. 

(d) Use of additional provisions and 

clauses. The Senior Procurement 

Executive shall approve the use of a 

provision or clause that is either not: 

(1) Prescribed in the FAR or GSAR for 

use in acquisitions for commercial 

items. 

(2) Consistent with customary 

commercial practice. 

PART 513—SIMPLIFIED ACQUISITION 

PROCEDURES 

■ 8. Revise section 513.202 to read as 

follows: 

513.202 Unenforceability of unauthorized 

obligations in micro-purchases. 

Many supplies or services are 

acquired subject to commercial supplier 

agreements, as defined in 502.101. The 

clause at 552.232–39, Unenforceability 

of Unauthorized Obligations, 

automatically applies to any micropurchase, including those made with 

the Governmentwide purchase card in 

lieu of the FAR clause at 52.232–39. 

■ 9. Revise section 513.302–5 to read as 

follows: 

513.302–5 Clauses. 

Where the supplies or services are 

offered under a commercial supplier 

agreement, as defined in 502.101, see 

532.706–3 for applicable clauses. 

PART 514—SEALED BIDDING 

■ 10. Revise section 514.201–6 to read 

as follows: 

514.201–6 Solicitation provisions. 

Insert the provision at 552.214–70, 

‘‘All or None’’ Bids, in invitations for 

bids when reserving the right to 

evaluate and make an award on an all 

or none basis. 

■ 11. Amend section 514.202–4 by 

revising paragraph (a)(3) to read as 

follows: 

514.202–4 Bid samples. 

(a) * * * 

(3) Insert the provision at 552.214–72, 

Bid Sample Requirements, in invitations 

for bids if bid samples are required. This 

provision may be modified to fit the 

circumstances of a procurement. 

* * * * * 

PART 515—CONTRACTING BY 

NEGOTIATION 

■ 12. Revise section 515.209–70 to read 

as follows: 

515.209–70 Contract clause. 

(a) Insert the clause at 552.215–70, 

Examination of Records by GSA, in 

solicitations and contracts exceeding the 

simplified acquisition threshold that 

meet any of the following conditions: 

(1) Involve the use or disposition of 

Government-furnished property. 

(2) Provide for advance payments, 

progress payments based on cost, or 

guaranteed loan. 

(3) Contain a price warranty or price 

reduction clause. 

(4) Involve income to the Government 

where income is based on operations 

under the control of the contractor. 

(5) Include an economic price 

adjustment clause where the adjustment 

is not based solely on an established, 

third party index. 

(6) Are requirements, indefinitequantity, or letter type contracts as 

defined in FAR part 16. 

(7) Are subject to adjustment based on 

a negotiated cost escalation base. 

(8) Contain the FAR provision at 

52.223–4. 

(b) The clause in paragraph (a) of this 

subsection may be modified to define 

the specific area of audit (e.g., the use 

or disposition of Government-furnished 

property). Legal (i.e., the Office of 

General Counsel or the Office of 

Regional Counsel, as appropriate), and 

Inspector General (i.e., the Assistant 

Inspector General for Auditing or the 

Regional Inspector General for Auditing, 

as appropriate) must concur with any 

modification to the clause. 

(c) Insert the clause at 552.215–73, 

Notice, in all solicitations and contracts 

for negotiated procurements exceeding 

the simplified acquisition threshold in 

accordance with FAR part 15. 

PART 517—SPECIAL CONTRACTING 

METHODS 

■ 13. Revise section 517.109 to read as 

follows: 

517.109 Contract clause. 

Use of the FAR clause at 52.217–2 is 

optional in multi-year contracts 

authorized by— 

(a) 40 U.S.C. 581(c)(6) for the 

inspection, maintenance, and repair of 

fixed equipment in a federally-owned 

building; and 

(b) 40 U.S.C. 501(b)(1)(B) for public 

utility services. 

517.203 [Removed] 

■ 14. Remove section 517.203. 

■ 15. Revise section 517.208 to read as 

follows: 

517.208 Solicitation provisions. 

(a) Insert a provision substantially the 

same as the provision at 552.217–70, 

Evaluation of Options, in solicitations 

for the Special Order Program when the 

following conditions apply: 

(1) The solicitation contains an option 

clause to extend the term of the 

contract; and 

(2) The contract will be fixed price 

and contain an economic price 

adjustment clause. 

(b) Insert a provision substantially the 

same as the provision at 552.217–71, 

Notice Regarding Option(s), in 

solicitations that include an option 

clause for increased quantities of 

supplies or services, or an option clause 

to extend the term of the contract. 

PART 519—SMALL BUSINESS 

PROGRAMS 

■ 16. Add section 519.507 to subpart 

519.5 to read as follows: 

519.507 Contract clause. 

Insert the clause at 552.219–70, 

Allocation of Orders—Partially SetAside Items, in solicitations and 

contracts when a requirements contract 

for supplies is contemplated that will 

involve partially setting aside orders for 

small business. 

519.508 [Removed] 

■ 17. Remove section 519.508. 

Subpart 519.7 [Removed] 

■ 18. Remove subpart 519.7. 

■ 19. Add section 519.870–2 to subpart 

519.8 to read as follows: 

519.870–2 Contract clauses. 

(a) Insert the following clauses in 

solicitations, contracts, and orders 

issued under GSA’s Partnership 

Agreement: 

(1) 552.219–74, Section 8(a) Direct 

Award; 

(2) 52.219–14, Limitations on 

Subcontracting; and 

(3) 52.219–18, Notification of 

Competition Limited to Eligible 8(a) 

Participants, with— 

(i) Paragraph (c) of the clause 

substituted with the following text ‘‘(c) 

Any award resulting from this 

solicitation will be made directly by the 

Contracting Officer to the successful 8(a) 

offeror selected through the evaluation 

criteria set forth in this solicitation’’ and 

(ii) The text ‘‘(DEVIATION)’’ added 

after the date of the clause. 

(b) Do not insert the following FAR 

clauses— 


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(1) 52.219–11, Special 8(a) Contract 

Conditions; 

(2) 52.219–12, Special 8(a) 

Subcontract Conditions; and 

(3) 52.219–17, Section 8(a) Award. 

519.870–8 [Removed] 

■ 20. Remove section 519.870–8. 

PART 522—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 21. Revise section 522.103–5 to read 

as follows: 

522.103–5 Contract clauses. 

Insert the FAR clause at 52.222–1 in 

solicitations and contracts for DX rated 

orders under the Defense Priorities and 

Allocations System (see FAR subpart 

11.6). 

PART 523—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG–FREE 

WORKPLACE 

523.303 [Amended] 

■ 22. In section 523.303 amend 

paragraphs (a), (b), and (c) by removing 

the word ‘‘Insert’’ and adding in its 

place the phrase, ‘‘Insert the clause at’’. 

523.370 [Amended] 

■ 23. Revise section 523.370 to read as 

follows: 

523.370 Solicitation provision. 

Insert the provision at 552.223–72, 

Hazardous Material Information, in 

solicitations that provide for the 

delivery of hazardous materials on an 

f.o.b. origin basis. 

PART 527—PATENTS, DATA, AND 

COPYRIGHTS 

■ 24. Revise section 527.409 to read as 

follows: 

527.409 Contract clauses. 

GSA has a FAR deviation that allows 

use of the clauses in paragraphs (a) and 

(b) of this section in lieu of the FAR 

clause at 52.227–17. 

(a) Except as provided in paragraph 

(b) of this section, insert the clause at 

552.227–70, Government Rights 

(Unlimited), in lieu of the FAR clause at 

52.227–17, in solicitations and contracts 

for— 

(1) Architect-engineer services. 

(2) Construction contracts involving 

architect-engineer services. 

(b) If the Government requires sole 

property rights and exclusive control 

over the design and data, insert the 

clause at 552.227–71, Drawings and 

Other Data to Become Property of 

Government, in lieu the clause at FAR 

52.227–17, in solicitations and contracts 

for— 

(1) Architect-engineer services. 

(2) Construction contracts involving 

architect-engineer services. 

PART 528—BONDS AND INSURANCE 

■ 25. Revise section 528.310 to read as 

follows: 

528.310 Contract clause for work on a 

Government installation. 

Insert the clause at 552.228–5, 

Government as Additional Insured, in 

solicitations and contracts that are 

expected to exceed the simplified 

acquisition threshold and require work 

on a Government installation. 

PART 529—TAXES 

529.401 through 529.401–71 [Removed] 

■ 26. Remove sections 529.401 through 

529.401–71. 

■ 27. Add section 529.470 to read as 

follows: 

529.470 Domestic contract clauses. 

(a) Insert the clause at 552.229–70, 

Federal, State, and Local Taxes, in 

solicitations and contracts estimated to 

exceed the micro-purchase threshold, 

but not the simplified acquisition 

threshold. 

(b) Insert the clause at 552.229–71, 

Federal Excise Tax—DC Government, in 

solicitations and contracts that allow the 

District of Columbia Government to 

place orders under the contract. 

PART 532—CONTRACT FINANCING 

■ 28. Revise section 532.111 to read as 

follows: 

532.111 Contract clauses for noncommercial purchases. 

(a) FAR deviation. GSA has a FAR 

deviation that allows use of the clause 

at 552.232–1 in lieu of the FAR clause 

at 52.232–1. Insert the clause at 

552.232–1, Payments, in solicitations 

and contracts when a fixed-price supply 

contract, a fixed-price service contract, 

or a contract for nonregulated 

communication services is 

contemplated, in lieu of the FAR clause 

at 52.232–1. 

(b) Construction contracts. Insert the 

clause at 552.232–5, Payments under 

Fixed-Price Construction Contracts, in 

solicitations and contracts when a fixedprice construction contract is 

contemplated. 

■ 29. Revise section 532.706–3 to read 

as follows: 

532.706–3 Contract clauses for 

unenforceability of unauthorized 

obligations. 

GSA has a FAR deviation that allows 

use of the clause in paragraph (a) of this 

subsection in lieu of the FAR clause at 

52.232–39. 

(a) Insert the clause at 552.232–39, 

Unenforceability of Unauthorized 

Obligations in all solicitations and 

contracts in lieu of the FAR clause at 

52.232–39. 

(b) Insert the clause at 552.232–78, 

Commercial Supplier AgreementsUnenforceable Clauses, in all 

solicitations and contracts (including 

orders) when not using FAR part 12. 

■ 30. Amend section 532.904 by 

revising paragraph (b) to read as follows: 

532.904 Determining payment due dates. 

* * * * * 

(b) An official one level above the 

contracting officer shall approve 

justifications exercising the authority 

prescribed by FAR 32.904(d)(1)(i)(B). 

The time needed should be determined 

on a case-by-case basis, but the specified 

constructive acceptance period shall not 

exceed 30 days. 

■ 31. Revise section 532.908 to read as 

follows: 

532.908 Contract clauses. 

(a) Building services contracts. Insert 

the clause at 552.232–72, Final Payment 

Under Building Services Contracts, in 

solicitations and contracts for building 

services. 

(b) Stock, Special Order, and 

Schedules programs. (1) GSA has a FAR 

deviation to authorize payment within 

10 days of receipt of a proper invoice. 

The deviation applies only to: 

(i) Orders placed by GSA under Stock, 

Special Order, and Schedules programs; 

(ii) That include FAR clause at 

52.232–33; and 

(iii) For which the order is placed, 

and the contractor submits invoices 

using EDI in accordance with the 

Trading Partner Agreement. 

(2) If the contract is not for 

commercial items, use the clause at 

552.232–25, Prompt Payment, in lieu of 

the FAR clause at 52.232–25. 

PART 536—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

536.515 [Amended] 

■ 32. In section 536.515 amend 

paragraphs (a), (b), and (c) by removing 

the words ‘‘to be above’’ and adding in 

their place ‘‘to exceed’’. 

■ 33. Amend section 536.7107 by 

revising paragraph (a) to read as follows: 


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536.7107 Contract clauses. 

(a) FAR deviation. GSA has a FAR 

deviation that allows use of the clause 

552.236–79 in lieu of the FAR clause at 

52.216–17. Insert a clause substantially 

the same as the clause at 552.236–79, 

Construction-Manager-As-Constructor, 

in solicitations and contracts if 

construction, dismantling, or removal of 

improvements is contemplated when a 

CMc project delivery method will be 

followed in lieu of the FAR clause at 

52.216–17. 

* * * * * 

PART 537—SERVICE CONTRACTING 

■ 34. Revise section 537.110 to read as 

follows: 

537.110 Contract clauses. 

(a) Contracts for building services. 

Except for solicitations and contracts for 

building services placed under FAR 

subpart 8.7, insert the clause at 

552.237–71, Qualifications of 

Employees, in solicitations and 

contracts for building services that are 

anticipated to exceed the simplified 

acquisition threshold. 

(b) Contracts for guard services. Insert 

the clause at 552.237–72, Prohibition 

Regarding ‘‘Quasi-Military Armed 

Forces,’’ in solicitations and contracts 

for guard services. 

PART 538—FEDERAL SUPPLY 

SCHEDULE CONTRACTING 

538.273 [Amended] 

■ 35. In section 538.273 amend 

paragraph (d)(1) by removing the terms 

‘‘Authorized FSS’’ and adding in its 

place the term ‘‘Authorized Federal 

Supply Schedule’’. 

■ 36. Amend section 538.7204 by 

revising paragraph (b) to read as follows: 

538.7204 Contract clauses. 

* * * * * 

(b) Insert the clause at 552.238–115, 

Special Ordering Procedures for the 

Acquisition of Order-Level Materials, in 

FSS solicitations and contracts 

authorized to allow for order-level 

materials. 

PART 539—ACQUISITION OF 

INFORMATION TECHNOLOGY 

■ 37. Revise section 539.7002 to read as 

follows: 

539.7002 Solicitation provision and 

contract clause. 

Except for solicitations and contracts 

for personal services with individuals— 

(a) Insert the provision at 552.239–70, 

Information Technology Security Plan 

and Security Authorization, in 

solicitations that include information 

technology supplies, services or systems 

in which the contractor will have 

physical or electronic access to 

government information that directly 

supports the mission of GSA. 

(b) Insert the clause at 552.239–71, 

Security Requirements for Unclassified 

Information Technology Resources, in 

solicitations and contracts containing 

the provision in paragraph (a) of this 

section. 

PART 541—ACQUISITION OF UTILITY 

SERVICES 

■ 38. Revise section 541.501 to read as 

follows: 

541.501 Contract clauses. 

(a) FAR deviation. GSA has a FAR 

deviation that allows use of the clause 

at 552.241–70 in lieu of the FAR clause 

at 52.232–19. Insert the clause at 

552.241–70, Availability of Funds for 

the Next Fiscal Year or Quarter, in lieu 

of the FAR clause at 52.232–19, in all 

utility acquisitions. 

(b) Utility services. Insert the clause at 

552.241–71, Disputes (Utility Contracts), 

in solicitations and contracts for utility 

services subject to the jurisdiction and 

regulation of a utility rate commission. 

PART 542—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

■ 39. Revise section 542.1107 to read as 

follows: 

542.1107 Contract clause. 

Insert the clause at 552.242–70, Status 

Report of Orders and Shipments, in 

solicitations and contracts when a 

requirements or indefinite-quantity 

contract for Stock or Special Order 

Program items is contemplated. The 

clause may be used in indefinitedelivery definite-quantity contracts for 

Stock or Special Order Program items 

when close monitoring is necessary 

because numerous shipments are 

involved. 

PART 543—CONTRACT 

MODIFICATIONS 

■ 40. Revise section 543.205 to read as 

follows: 

543.205 Contract clause. 

Insert the clause at 552.243–71, 

Equitable Adjustments, in solicitations 

and contracts that include any of the 

following FAR clauses: 52.243–4, 

52.243–5, or 52.236–2. 

PART 546—QUALITY ASSURANCE 

■ 41. Revise sections 546.302–70 

through 546.312 to read as follows: 

546.302–70 Source inspection by Quality 

Approved Manufacturer for fixed-price 

supply contracts. 

(a) Insert the clause at 552.246–70, 

Source Inspection by Quality Approved 

Manufacturer: 

(1) In FAS solicitations and contracts 

that— 

(i) Will exceed the simplified 

acquisition threshold; 

(ii) Include the FAR clause at 52.246– 

2; and 

(iii) Provide for source inspection for 

the Stock and Special Order Programs. 

(2) In solicitations and contracts 

that— 

(i) Are below the simplified 

acquisition threshold; 

(ii) Include the FAR clause at 52.246– 

2; and 

(iii) Support the Wildfire program; or 

(iv) When a pattern of acquisitions 

demonstrates an ongoing relationship 

with the contractor. 

(b) The contracting officer may 

authorize inspection and testing at 

manufacturing plants or other facilities 

located outside the United States, 

Puerto Rico, or the U.S. Virgin Islands 

according to paragraph (a)(1) of the 

clause at 552.246–70 when any of the 

following conditions apply and after 

coordinating the authorization with 

QVOC and documenting the 

authorization in the file: 

(1) Inspection services are available 

from another Federal agency with 

primary inspection responsibility in the 

geographic area. 

(2) An inspection interchange 

agreement exists with another agency 

for inspection at a contractor’s plant. 

(3) Other considerations will ensure 

more economical and effective 

inspection consistent with the 

Government’s interest. 

546.302–71 Source inspection. 

Insert the clause at 552.246–71, 

Source Inspection by Government, in 

FAS solicitations and contracts where 

Government personnel at the source 

will perform inspection. 

546.302–72 Destination Inspection. 

Insert the clause at 552.246–78, 

Inspection at Destination, in 

solicitations and contracts for supplies 

that require inspection at destination. 

546.312 Construction contracts. 

Insert the clause at 552.246–72, Final 

Inspection and Tests, in solicitations 

and contracts for construction that 

include the FAR clause at 52.246–12. 


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■ 42. Revise section 546.710 to read as 

follows: 

546.710 Contract clause. 

Insert the clause at 552.246–77, 

Additional Contract Warranty 

Provisions for Supplies of a 

Noncomplex Nature, in solicitations and 

contracts that include the FAR clause at 

52.246–17. 

PART 549—[REMOVED] 

■ 43. Under the authority of 40 U.S.C. 

121(c), remove part 549. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 44. The authority citation for 48 CFR 

part 552 continues to read as follows: 

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

■ 45. Revise sections 552.101–70 

through 552.103 to read as follows: 

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 crossreference 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 not 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 (see 

552.103); 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)). 

■ 46. Revise section 552.107–70 to read 

as follows: 

552.107–70 Solicitation provision and 

contract clause. 

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. 

552.211–10 [Amended] 

■ 47. Amend section 552.211–10 by 

removing from the introductory text 

‘‘511.404’’ and adding ‘‘511.404(b)’’ in 

its place. 

552.211–12 [Amended] 

■ 48. Amend section 552.211–12 by— 

■ a. Removing from the introductory 

text ‘‘511.404’’ and adding ‘‘511.503(a)’’ 

in its place; and 

■ b. Revising the clause heading. 

The revision reads as follows: 

552.211–12 Liquidated Damages— 

Construction. 

* * * * * 

Liquidated Damages—Construction 

(MAR 2019) 

* * * * * 

552.211–13 [Amended] 

■ 49. Amend section 552.211–13 by 

removing from the introductory text 

‘‘511.504’’ and adding ‘‘511.503(b)’’ in 

its place. 

552.211–70 [Amended] 

■ 50. Amend section 552.211–70 by 

removing from the introductory text 

‘‘511.404’’ and adding ‘‘511.404(b)’’ in 

its place. 

■ 51. Amend section 552.211–75 by 

revising the section heading, and the 

introductory text of Alternate I to read 

as follows: 

552.211–75 Preservation, Packaging, and 

Packing. 

* * * * * 


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Alternate I (MAY 2003). As prescribed 

at 511.204(b)(2), substitute the following 

sentence for the last sentence of the 

basic clause: 

* * * * * 

■ 52. Revise section 552.211–76 heading 

to read as follows: 

552.211–76 Charges for Packaging, 

Packing, and Marking. 

* * * * * 

■ 53. Amend section 552.211–77 by 

revising the introductory text of 

Alternate I to read as follows: 

552.211–77 Packing List. 

* * * * * 

Alternate I (MAY 2003). As prescribed 

in 511.204(c), substitute the following 

paragraphs (a)(3) and (b) for paragraphs 

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

* * * * * 

■ 54. Amend section 552.211–79 by 

revising the introductory text of 

Alternate I to read as follows: 

552.211–79 Acceptable Age of Supplies. 

* * * * * 

Alternate I (FEB 1996). As prescribed 

in 511.404(a)(1)(i), substitute the 

following sentence for the first sentence 

of the basic clause: 

* * * * * 

552.211–80 [Amended] 

■ 55. Amend section 552.211–80 by 

removing from the introductory text 

‘‘511.404(a)(2)’’ and adding 

‘‘511.404(a)(1)’’ in its place. 

■ 56. Amend section 552.211–81 by— 

■ a. Removing from the introductory 

text ‘‘511.404(b)’’ and adding 

‘‘511.404(a)(2)’’ in its place; and 

■ b. Revising the introductory text of 

Alternate I. 

The revision reads as follows: 

552.211–81 Time of Shipment. 

* * * * * 

Alternate I (FEB 1996). As prescribed 

in 511.404(a)(2), add the following 

paragraph to the basic clause: 

* * * * * 

■ 57. Amend section 552.211–83 by— 

■ a. Removing from the introductory 

text ‘‘511.204(c)’’ and adding 

‘‘511.404(a)(3)’’ in its place; and 

■ b. Revising the introductory text of 

Alternate I. 

The revision reads as follows: 

552.211–83 Availability for Inspection, 

Testing, and Shipment/Delivery. 

* * * * * 

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. 

* * * * * 

■ 58. Revise section 552.211–85 heading 

to read as follows: 

552.211–85 Consistent Pack and Package 

Requirements. 

* * * * * 

■ 59. Revise section 552.211–86 heading 

to read as follows: 

552.211–86 Maximum Weight per Shipping 

Container. 

* * * * * 

■ 60. Revise section 552.211–87 heading 

to read as follows: 

552.211–87 Export Packing. 

* * * * * 

■ 61. Revise section 552.211–88 heading 

to read as follows: 

552.211–88 Vehicle Export Preparation. 

* * * * * 

■ 62. Revise section 552.211–89 heading 

to read as follows: 

552.211–89 Non-manufactured Wood 

Packaging Material for Export. 

* * * * * 

■ 63. Revise section 552.211–90 heading 

to read as follows: 

552.211–90 Small Parts. 

* * * * * 

■ 64. Revise section 552.211–91 heading 

to read as follows: 

552.211–91 Vehicle Decals, Stickers, and 

Data Plates. 

* * * * * 

■ 65. Revise section 552.211–92 heading 

to read as follows: 

552.211–92 Radio Frequency Identification 

(RFID) Using Passive Tags. 

* * * * * 

■ 66. Amend section 552.211–94 by— 

■ a. Revising the section heading; and 

■ b. Removing from the introductory 

text ‘‘511.404(d)’’ and adding 

‘‘511.404(a)(4)’’ in its place. 

The revision reads as follows: 

552.211–94 Time of Delivery. 

* * * * * 

552.212–71 [Amended] 

■ 67. Amend section 552.212–71 by 

removing from the introductory text 

‘‘512.301(a)(2)’’ and adding 

‘‘512.301(a)(1)’’ in its place. 

552.212–72 [Amended] 

■ 68. Amend section 552.212–72 by 

removing from the introductory text 

‘‘512.301(a)(3)’’ and adding 

‘‘512.301(a)(2)’’ in its place. 

552.216–73 [Amended] 

■ 69. Amend section 552.216–73, in 

Alternate I by removing from the end of 

the paragraph ‘‘basic provision’’ and 

adding ‘‘basic provision and redesignate 

paragraph (e) accordingly’’ in its place. 

552.216–75 [Amended] 

■ 70. Amend section 552.216–75 by— 

■ a. Removing from the introductory 

text the word ‘‘provision’’ and adding 

the word ‘‘clause’’ in its place; and 

■ b. Removing from the end of the 

section ‘‘(End of Provision)’’ and adding 

‘‘(End of clause)’’ in its place. 

■ 71. Amend section 552.217–73 by— 

■ a. Redesignating section 552.217–73 

as 552.215–73; 

■ b. Revising the heading of the newly 

redesignated section 552.215–73; and 

■ c. Removing from the introductory 

text ‘‘515.209–70(b)’’ and adding 

‘‘515.209–70(c)’’ in its place. 

The revision reads as follows: 

552.215–73 Notice. 

* * * * * 

552.219–70 [Amended] 

■ 72. Amend section 552.219–70 by 

removing from the introductory text 

‘‘519.508’’ and adding ‘‘519.507’’ in its 

place. 

552.219–74 [Amended] 

■ 73. Amend section 552.219–74 by 

removing from the introductory text 

‘‘519.870–8’’ and adding ‘‘519.870–2(a)’’ 

in its place. 

■ 74. Amend section 552.227–70 by— 

■ a. Removing from the introductory 

text ‘‘527.409’’ and adding ‘‘527.409(a)’’ 

in its place; and 

■ b. Revising the clause heading. 

The revision reads as follows: 

552.227–70 Government Rights 

(Unlimited). 

* * * * * 

Government Rights (Unlimited) (MAY 

1989) (Deviation FAR 52.227–17) 

* * * * * 

■ 75. Amend section 552.227–71 by 

revising the introductory text and clause 

heading to read as follows: 

552.227–71 Drawings and Other Data To 

Become Property of Government. 

As prescribed in 527.409–70(b), insert 

the following clause: 

Drawings and Other Data To Become 

Property of Government (MAY 1989) 

(Deviation FAR 52.227–17) 

* * * * * 

552.229–70 [Amended] 

■ 76. Amend section 552.229–70 by 

removing from the introductory text 


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‘‘529.401–70’’ and adding ‘‘529.470(a)’’ 

in its place. 

552.229–71 [Amended] 

■ 77. Amend section 552.229–71 by 

removing from the introductory text 

‘‘529.401–71’’ and adding ‘‘529.470(b)’’ 

in its place. 

552.232–1 [Amended] 

■ 78. Amend section 552.232–1 by 

removing from the introductory text 

‘‘532.908(a)’’ and adding ‘‘552.111(a)’’ 

in its place. 

552.232–5 [Amended] 

■ 79. Amend section 552.232–5 by 

removing from the introductory text 

‘‘532.111’’ and adding ‘‘552.111(b)’’ in 

its place. 

552.232–25 [Amended] 

■ 80. Amend section 552.232–25 by 

removing from the introductory text 

‘‘532.908(c)(2)’’ and adding 

‘‘532.908(b)(2)’’ in its place. 

■ 81. Amend section 552.232–39 by 

revising the section heading, the 

introductory text, and the clause 

heading to read as follows: 

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) 

* * * * * 

552.232–72 [Amended] 

■ 82. Amend section 552.232–72 by 

removing from the introductory text 

‘‘532.904(b)’’ and adding ‘‘532.908(a)’’ 

in its place. 

■ 83. Amend section 552.232–78 by— 

■ a. Revising the introductory text; and 

■ b. Removing from the clause heading 

‘‘(FEB. 2018)’’ and adding ‘‘(FEB 2018)’’ 

in its place. 

The revision reads as follows: 

552.232–78 Commercial Supplier 

Agreements—Unenforceable Clauses. 

As prescribed in 532.706–3(b), insert 

the following clause: 

* * * * * 

■ 84. Amend section 552.236–71 in 

Alternate I by revising the introductory 

text to read as follows: 

552.236–71 Contractor Responsibilities. 

* * * * * 

Alternate I (MAR 2019). As prescribed 

in 536.571, substitute the following 

paragraphs (d), (e), (f), and (g) for 

paragraphs (d), (e), (f), and (g) of the 

basic clause: 

* * * * * 

552.236–74 [Amended] 

■ 85. Amend section 552.236–74 by 

removing from the introductory text 

‘‘insert the’’ and adding ‘‘insert a 

provision substantially the same as the’’ 

in its place. 

552.236–75 [Amended] 

■ 86. Amend section 552.236–75 by 

removing from the introductory text 

‘‘insert the’’ and adding ‘‘insert a 

provision substantially the same as the’’ 

in its place. 

■ 87. Amend section 552.236–76 by 

revising the section heading, the 

introductory text, and the introductory 

text of Alternate I to read as follows: 

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: 

* * * * * 

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: 

* * * * * 

552.236–77 [Amended] 

■ 88. Amend section 552.236–77 by 

removing from the introductory text 

‘‘insert the’’ and adding ‘‘insert a clause 

substantially the same as the’’ in its 

place. 

■ 89. Amend section 552.236–79 by 

revising the introductory text and clause 

heading to read as follows: 

552.236–79 Construction-Manager-AsConstructor. 

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) 

* * * * * 

552.236–80 [Amended] 

■ 90. Amend section 552.236–80 by 

removing from the introductory text 

‘‘insert the’’ and adding ‘‘insert a clause 

substantially the same as the’’ in its 

place. 

552.238–77 [Amended] 

■ 91. Amend section 552.238–77 by— 

■ a. Removing from the clause heading 

‘‘(FEB 2020)’’ and adding ‘‘(MAR 2020)’’ 

in its place; and 

■ b. Removing from the end of the 

section ‘‘End of Clause’’ and adding 

‘‘(End of clause)’’ in its place. 

552.238–81 [Amended] 

■ 92. In section 552.238–81 amend 

Alternate I by removing from the 

introductory text ‘‘substitute the 

following paragraph’’ and adding 

‘‘substitute the following paragraphs’’ in 

its place. 

552.238–82 [Amended] 

■ 93. Amend section 552.238–82 by— 

■ a. Removing from the clause heading 

‘‘(MAY 2019)’’ and adding ‘‘(MAR 

2020)’’ in its place; 

■ b. Removing paragraph (e), and 

■ c. In Alternate I removing ‘‘(MAY 

2019)’’ and adding ‘‘(MAR 2020)’’ in its 

place. 

■ 94. Amend section 552.241–70 by 

revising the introductory text and the 

clause heading to read as follows: 

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) 

* * * * * 

■ 95. Amend section 552.241–71 by 

revising the introductory text to read as 

follows: 

552.241–71 Disputes (Utility Contracts). 

As prescribed in 541.570(b), insert the 

following clause: 

* * * * * 

552.242–70 [Amended] 

■ 96. Amend section 552.242–70 by 

removing from the clause heading ‘‘(FEB 

9, 2009)’’ and adding ‘‘(FEB 2009)’’ in 

its place. 

552.246–70 [Amended] 

■ 97. Amend section 552.246–70 by 

removing from the clause heading ‘‘(JUL 

09)’’ and adding ‘‘(JUL 2009)’’ in its 

place. 

552.246–71 [Amended] 

■ 98. Amend section 552.246–71 by 

removing from the clause heading 

‘‘(JUNE 1, 2009)’’ and adding ‘‘(JUN 

2009)’’ in its place. 

■ 99. Amend section 552.246–77 by— 

■ a. Revising the introductory text; and 

■ b. Removing from the clause heading 

‘‘(JUL 09)’’ and adding ‘‘(JUL 2009)’’ in 

its place. 

The revision reads as follows: 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Rules and Regulations 55525 

552.246–77 Additional Contract Warranty 

Provisions for Supplies of a Noncomplex 

Nature. 

As prescribed in 546.710, insert the 

following clause: 

* * * * * 

552.246–78 [Amended] 

■ 100. Amend section 552.246–78 by 

removing from the clause heading ‘‘(JUL 

09)’’ and adding ‘‘(JUL 2009)’’ in its 

place. 

■ 101. Revise section 552.252–5 to read 

as follows: 

552.252–5 Authorized Deviations in 

Provisions. 

As prescribed in 552.107–70(a), insert 

the following provision: 

Authorized Deviations in Provisions (DATE) 

(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) 

■ 102. Revise section 552.252–6 to read 

as follows: 

552.252–6 Authorized Deviations in 

Clauses. 

As prescribed in 552.107–70(b), insert 

the following clause: 

Authorized Deviations in Clauses (DATE) 

(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) 

552.270–1 [Amended] 

■ 103. Amend section 552.270–1 by— 

■ a. In Alternate I removing from the 

introductory text ‘‘paragraph for 

paragraph (c)(2)(i)’’ and adding 

‘‘paragraph (c)(2)(i) for paragraph 

(c)(2)(i)’’ in its place; and 

■ b. In Alternate II removing from the 

introductory text ‘‘paragraph for 

paragraph (e)(4)’’ and adding 

‘‘paragraph (e)(4) for paragraph (e)(4)’’ 

in its place. 

552.270–31 [Amended] 

■ 104. Amend section 552.270–31 by 

revising Alternate I to read as follows: 

552.270–31 Prompt Payment. 

* * * * * 

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. 

PART 570—ACQUIRING LEASEHOLD 

INTERESTS IN REAL PROPERTY 

■ 105. The authority citation for 48 CFR 

part 570 continues to read as follows: 

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

570.701 [Amended] 

■ 106. Amend section 570.701 by 

removing from the introductory text 

‘‘Include provisions’’ and adding ‘‘Insert 

provisions’’ in its place. 

■ 107. Amend section 570.702 by 

revising the introductory text and the 

entry for 552.270–1 to read as follows: 

570.702 GSAR solicitation provisions. 

Each SFO must include provisions 

substantially the same as the following, 

unless the contracting officer 

determines that the provision is not 

appropriate. The contracting officer 

shall document the file with the basis 

for omitting or substantially changing a 

provision. 

552.270–1 Instructions to Offerors— 

Acquisition of Leasehold Interests in 

Real Property. Use the provision with its 

Alternate I if it is advantageous to the 

Government to allow offers to be 

submitted up to the exact time specified 

for award. Use the provision with its 

Alternate II if the Government intends 

to award without discussions. 

* * * * * 

■ 108. Amend section 570.703 by— 

■ a. Revising paragraph (a) introductory 

text, and the entry for 552.270–4 in 

paragraph (a); and 

■ b. Revising paragraph (b). 

The revisions read as follows: 

570.703 GSAR contract clauses. 

(a) Insert clauses substantially the 

same as the following in solicitations 

and contracts for leasehold interests in 

real property that exceed the simplified 

lease acquisition threshold, unless the 

contracting officer determines that a 

clause is not appropriate. The 

contracting officer shall document the 

file with the basis for omitting or 

substantially changing a clause. A 

deviation is not required under section 

570.704 to determine that a clause in 

this section is not appropriate. The 

following clauses may be inserted in 

solicitations and contracts for leasehold 

interests in real property at or below the 

simplified lease acquisition threshold. 

* * * * * 

552.270–4 Definitions. Insert this 

clause if including the clause at 

552.270–28. 

* * * * * 

(b) Insert the following clauses in 

solicitations and contracts for leasehold 

interests in real property: 

552.270–30 Price Adjustment for 

Illegal or Improper Activity. 

552.270–31 Prompt Payment. 

552.270–32 Covenant Against 

Contingent Fees. 

[FR Doc. 2021–20541 Filed 10–5–21; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 210930–0203] 

RIN 0648–BK80 

Fisheries Off West Coast States; 

Effective Dates of West Coast 

Groundfish Electronic Monitoring 

Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: This interim final rule revises 

regulations to delay implementation of 

the Electronic Monitoring (EM) Program 

for the West Coast Groundfish Trawl 

Rationalization Program. This action 

will delay implementation of the EM 


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