54334 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations 

Dated: September 15, 2008. 

Meredith Attwell Baker, 

Acting Assistant Secretary for 

Communications and Information. 

[FR Doc. E8–21892 Filed 9–18–08; 8:45 am] 

BILLING CODE 3510–60–S 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 511, 516, 532, 538, 546, 

and 552 

[GSAR Amendment 2008–02; GSAR Case 

2008–G517; (Change 23); Docket 2008– 

0007; Sequence 01] 

RIN 3090–AI68 

General Services Administration 

Acquisition Regulation; GSAR Case 

2008–G517; Cooperative PurchasingAcquisition of Security and Law 

Enforcement Related Goods and 

Services (Schedule 84) by State and 

Local Governments Through Federal 

Supply Schedules 

AGENCIES: General Services 

Administration (GSA), Office of the 

Chief Acquisition Officer. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

General Services Administration 

Acquisition Regulation (GSAR) to 

implement Pub.L. 110–248, The Local 

Preparedness Acquisition Act. The Act 

authorizes the Administrator of General 

Services to provide for the use by State 

or local governments of Federal Supply 

Schedules of the General Services 

Administration (GSA) for alarm and 

signal systems, facility management 

systems, firefighting and rescue 

equipment, law enforcement and 

security equipment, marine craft and 

related equipment, special purpose 

clothing, and related services (as 

contained in Federal supply 

classification code group 84 or any 

amended or subsequent version of that 

Federal supply classification group). 

DATES: Effective Date: September 19, 

2008. 

Applicability Date: This amendment 

applies to solicitations and existing 

contracts for Schedule 84, as defined in 

GSAM 538.7001, Definitions, Schedule 

84. Further, this amendment applies to 

contracts awarded after the effective 

date of this rule for Schedule 84. 

Existing Schedule 84 contracts shall be 

modified by mutual agreement of both 

parties. 

Comment Date: Interested parties 

should submit written comments to the 

Regulatory Secretariat on or before 

November 18, 2008 to be considered in 

the formulation of a final rule. 

ADDRESSES: Submit comments 

identified by GSAR case 2008–G517, by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘GSAR case 2008–G517’’ 

under the heading ‘‘Comment or 

Submission’’. Select the link ‘‘Send a 

Comment or Submission’’ that 

corresponds with GSAR case 2008– 

G517. Follow the instructions provided 

to complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 

‘‘GSAR case 2008–G517’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VPR), 1800 F Street, NW, Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite GSAR case 2008–G517, in 

all correspondence related to this case. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

William Clark, Procurement Analyst, at 

(202) 219–1813 for clarification of 

content. Please cite GSAR case 2008– 

G517. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at (202) 501– 

4755. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This interim rule amends GSAM Parts 

511, 516, 532, 538, 546, and 552 to 

implement Pub.L. 110–248, The Local 

Preparedness Acquisition Act. The 

public law amends the ‘‘Cooperative 

Purchasing’’ provisions of the Federal 

Property and Administrative Services 

Act where the Administrator of GSA 

provides States and localities access to 

certain items offered through GSA’s 

supply schedules. The Public Law 

amends 40 U.S.C. 502(c) that allows, to 

the extent authorized by the 

Administrator, a State or local 

government to use Federal Supply 

Schedules of the General Services 

Administration to purchase alarm and 

signal systems, facility management 

systems, firefighting and rescue 

equipment, law enforcement and 

security equipment, marine craft and 

related equipment, special purpose 

clothing, and related services (as 

contained in Federal supply 

classification code group 84 or any 

amended or subsequent version of that 

Federal supply classification group). 

The GSA Schedules Program is also 

known as the Federal Supply Schedule 

(FSS) or Multiple Award Schedules 

(MAS) Program. Under the FSS/MAS 

Program, Federal agencies are able to 

purchase goods and services under 

contracts that are pre-negotiated by 

GSA. These contracts cover more than 

11 million commercial goods and 

services and are listed in broad 

categories known as Schedules. Under 

current law, State and local 

governments are authorized to purchase 

goods and services off the GSA 

Schedules, in limited circumstances, 

under special procurement authority. 

This interim rule allows for State and 

local purchasing under GSA Schedule 

84, which covers products and services 

related to law enforcement and security. 

Schedule 84 includes items such as fire 

alarm systems, door entry control 

devices, intrusion detection sensors, 

bomb detection equipment, perimeter 

security and video surveillance systems. 

Use of the GSA Schedules allows State 

and local governments to reduce time 

and resources spent on negotiating and 

awarding contracts for needed goods 

and services and gives them access to 

the pre-negotiated prices on the Federal 

Supply Schedules. Access to Schedule 

84 will help State and local 

governments meet growing homeland 

security and public safety needs. 

Cooperative Purchasing was added to 

the GSAR in 2003, covering automated 

data processing equipment (including 

firmware, software, supplies, support 

equipment, and services) (Schedule 70). 

A proposed rule was published in the 

Federal Register at 68 FR 3220, January 

23, 2003; an interim rule was published 

in the Federal Register at 68 FR 24372, 

May 7, 2003; and a final rule was 

published in the Federal Register at 69 

FR 28063, May 18, 2004. The rule 

authorized State and local governments 

to procure IT products and services 

from Schedule 70, Information 

Technology and the Consolidated 

Schedule, contracts containing the IT 

Special Item Numbers (SINs). 

A related interim rule on Recovery 

Purchasing was published in the 

Federal Register at 72 FR 4649, 

February 1, 2007. That interim rule 

implemented Section 833 of P.L. 109– 

364, which authorized the 

Administrator of General Services to 

provide to State and local governments 

the use of Federal Supply Schedules of 

the GSA for purchase of products and 

services to be used to facilitate recovery 

from a major disaster, terrorism, or 


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nuclear, biological, chemical, or 

radiological attack. State and local 

governments are authorized to use 

Federal Supply Schedules to procure 

products and services determined by the 

Secretary of Homeland Security to 

facilitate recovery from major disasters, 

terrorism, or nuclear, biological, 

chemical, or radiological attack. This 

Recovery Purchasing authority was 

limited to GSA and the Department of 

Veterans Affairs (VA) Federal Supply 

Schedule contracts and does not include 

any other GSA programs. 

Additional information about 

Cooperative Purchasing and on 

Recovery Purchasing is available in 

GSA’s Schedules e-Library at http:// 

www.gsaelibrary.gsa.gov. 

Schedule 84 Special Item Numbers 

Alarm and Signal Systems, Facility 

Management Systems, Professional 

Security/Facility Management Services 

and Protective Service Occupations 

(Guard Services). 

SIN 246 20 1 - Miscellaneous Alarm 

and Signal Systems. Process 

Monitoring/Fault Reporting Devices or 

Systems. 

SIN 246 20 2—Miscellaneous Alarm 

and Signal System Hazard Indicating 

alarm Devices or Systems for the 

Detection of Toxic Gases, Flammable 

Gases. 

SIN 246 20 3 - Miscellaneous Alarm 

and Signal Systems. Audible/Visual 

Warning/Signaling Devices. 

SIN 246 20 4 - Miscellaneous Alarm 

and Signal Systems. Warning System 

Devices (Patient/Detainees). 

SIN 246 23 - Anti-Theft Material 

Alarm Control Systems for Detection of 

Property. 

SIN 246 25 - Fire Alarm Systems. 

SIN 246 35 1 - Access Control 

Systems, Door entry control by card 

access, magnetic proximity. 

SIN 246 35 2 - Access Control 

Systems, Door entry control by touch 

access, dial, digital, keyboard, keypad. 

SIN 246 35 3 - Access Control 

Systems, Parking Access Control. 

SIN 246 35 4 - Access Control 

Systems, Emergency exit door access/ 

alarm systems for security and/or fire 

safety. 

SIN 246 35 5 - Access Control 

Systems - Vehicle Arrest/Security 

Barrier/Barricade/Bollard Systems, 

Decorative Barrier Planters. 

SIN 246 35 6 - Other Access Control 

Systems. 

SIN 246 36 - Locking Devices. 

SIN 246 40 - Intrusion Alarms and 

Signal Systems. 

SIN 246 42 1 - Facility Management 

Systems (Including Accessories and 

Repair Parts. Computerized Systems for 

Surveillance, Monitoring, Controlling, 

Signaling and Reporting Multiple 

Functions. Security Functions (i.e., 

access control, fire detection, intrusion, 

etc.). 

SIN 246 42 2 - Facility Management 

Systems (Including Accessories and 

Repair Parts. Computerized Systems for 

Surveillance, Monitoring, Controlling, 

Signaling and Reporting Multiple 

Functions. Energy and Facility 

Management Functions and Services, 

Building Automation Control systems 

(including lighting, HVAC controls and 

sensors), Building Comfort Systems 

(including heating, ventilation and air 

conditioning, chillers). 

SIN 246 42 3 - Facility Management 

Systems - including accessories and 

repair parts. - Computerized systems for 

surveillance, monitoring, controlling, 

signaling and reporting multiple 

functions. Systems capable of both 

security functions and energy 

management functions. 

SIN 246 43 - Perimeter Security/ 

Detection Systems. 

SIN 246 50 - Ancillary Services 

relating to Security/Facility 

Management Systems. 

SIN 246 51 - Installation of Security/ 

Facility Management Systems Requiring 

Construction. 

SIN 246 52 - Professional Security/ 

Facility Management Services. 

SIN 246 53 - Facility Management and 

Energy Solutions. 

SIN 246 54 - Protective Service 

Occupations. 

SIN 246 60 1—Security Systems 

Integration and Design Services. 

SIN 246 60 2—Security Management 

Support Services. 

SIN 246 60 3—Security System Life 

Cycle Support. 

SIN 246 60 4—Total Solution Support 

Products. 

SIN 246 99 - Introduction of New 

Products/Services relating to Alarm and 

Signal Systems/Facility 

Firefighting and Rescue Equipment, 

Urban and Wildland. 

SIN 465 8—Flood Control 

Equipment—Traditional and Alternative 

Approaches. 

SIN 465 9—Medical/Rescue Kits. 

SIN 465 10 - Emergency Patient 

Transportation and Immobilization 

Devices. 

SIN 465 11 - Fire Extinguishing/ 

Suppressing Products, Retardant, Foams 

and Equipment. 

SIN 465 17 - Firefighting Distress/ 

Signal Devices and Heat Sensing 

Devices. 

SIN 465 19 - Firefighting and Rescue 

Tools, Equipment and Accessories. 

SIN 465 22 - Breathing Air 

Equipment, Inhalator Devices, 

Respiratory Protection Products, Related 

Support Items and Solutions. 

SIN 567 15 - Hoses, Valves, Fittings, 

Nozzles, Couplings and Related 

Accessories. 

SIN 567 4 - Helicopter Equipment and 

Products for Search and Rescue and 

Firefighting Applications. 

SIN 567 8 - Burning Equipment. 

SIN 567 99 - Introduction of New 

Products and Services relating to 

Firefighting and Rescue Equipment. 

Law Enforcement and Security 

Equipment Supplies and Services. 

SIN 426 1A - Miscellaneous Personal 

Equipment. 

SIN 426 1B - Body Armor. 

SIN 426 1C—Helmets. 

SIN 426 1D - Restraining Equipment. 

SIN 426 1G - Miscellaneous NonPersonal Law Enforcement Equipment. 

SIN 426 2A - Canine Training and 

Handling Equipment, Canine Search 

and Detection. 

SIN 426 3A - Emergency Signal 

Systems. 

SIN 426 3B - In-Vehicle Protection 

and Restraint Systems. 

SIN 426 4C - Night Vision Equipment. 

SIN 426 4D - Alcohol Detection Kits 

and Devices. 

SIN 426 4E - Bomb Disposal and 

Hazardous Material Protective and 

Detective Equipment. 

SIN 426 4F - Emergency Preparedness 

and First Responder Equipment, 

Training and Services. 

SIN 426 4G - Firearms Storage, 

Securing and Cleaning Equipment; 

Unloading Stations; Bullet Recovery 

Systems and Gun Racks. 

SIN 426 4J - Target Systems/Target 

Range Accessories. 

SIN 426 4K - Fingerprinting/ 

Palmprinting (Taking and Detection) 

and Evidential Casting Materials. 

SIN 426 4L - Fingerprinting/ 

Palmprinting (Taking and Detection) 

and Evidential Casting Materials. 

SIN 426 4M - Drug Testing Equipment 

and Kits. 

SIN 426 4N - Criminal Investigative 

Equipment and Supplies. 

SIN 426 4Q - Vehicle Monitor 

(Tracking) Systems. 

SIN 426 4S - Surveillance Systems. 

SIN 426 5A - Aircraft Armoring and 

Ancillary Services. 

SIN 426 5B—Armored Vehicles, 

Vehicle Armoring Services, Wheeled 

Vehicles. 

SIN 426 6—Law Enforcement and 

Security Training. 

SIN 426 7—Professional Law 

Enforcement Services. 

SIN 426 99 - Introduction of New 

Services/Products related to Law 

Enforcement and Security Equipment. 

Marine Craft and Equipment. 

SIN 260 01 - Boats, Powered. 

SIN 260 03 - Boats, Nonpowered. 


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SIN 260 06 - Boats, Inflatable, 

Powered and Nonpowered. 

SIN 260 09 - Inboard and Outboard 

Engines, Marine Diesel Propulsion 

Engines (Ranging in Horsepower from 

150–4,000). 

SIN 260 10—Marine Craft Electronics. 

SIN 260 11—Marine Craft Trailers and 

Trailer Accessories/Spare Parts. 

SIN 260 12 - Floating Marine Barriers 

and Booms, Floats, Perimeter Floats, 

and Moorings. 

SIN 260 13—Marine Craft 

Modifications, Marine Craft Repair and 

Marine Craft Spare Parts. 

SIN 260 14—Harbor/Waterfront 

Security Products and Services and 

Professional Marine Security Services. 

SIN 260 98 - Ancillary Services 

Relating to Marine Craft Systems. 

SIN 260 99 - Introduction of New 

Products and Services Items Directly 

Related to Marine Equipment. 

Special Purpose Clothing. 

SIN 633 1 - Gloves Industrial, Work 

and Cold Weather Gloves. 

SIN 633 15 - Rainwear. Lightweight 

Rainwear. 

SIN 633 16 - Footwear. Men’s Overthe-Sock Boots (Work, Uniform, Sport) 

and Women’s Over-the-Sock Boots 

(Work, Uniform, Sport). 

SIN 633 18 - Footwear. Men’s or 

Women’s Overshoes, Rubber. 

SIN 633 19 - Footwear. Men’s Safety 

Toe Shoes or Boots and Women’s Safety 

Toe Shoes or Boots. 

SIN 633 21A - Shipboard/Aircraft 

Anti-Exposure Immersion Clothing Not 

Otherwise Covered. 

SIN 633 22 - Extreme Cold Weather 

Clothing. Coats, Jackets, Vests, Hoods 

and Hats. 

SIN 633 23 - Extreme Cold Weather 

Clothing. Overalls, Coveralls, Pants, 

Insulated. 

SIN 633 25 - Footwear. Boots, 

Insulated, Waterproof, Extreme Cold 

Weather. 

SIN 633 26 - Special Purpose Work 

clothes. Disposable Clothing. 

SIN 633 27 - Special Purpose Work 

clothes. Coveralls, General Purpose, 

Detainee Clothing. 

SIN 633 30 - Structural Fire Fighting 

Clothing. Coat, Turnout, Proximity; 

Trousers, Proximity; Helmets, 

Proximity. 

SIN 633 30A - Structural Fire Fighting 

Clothing. Coat, Turnout, Proximity; 

Trousers, Proximity; Helmets, 

Proximity. 

SIN 633 32 - Structural Fire Fighting 

Clothing. Boots, Bunker and Hip. 

SIN 633 33 - Structural Fire Fighting 

Clothing. Gloves. 

SIN 633 35 - Structural Fire Fighting 

Clothing. Protective Hoods. 

SIN 633 37 - Structural Fire Fighting 

Clothing. Fire Fighter’s Station Wear. 

SIN 633 38 - Wildland Fire Fighting 

Clothing - Personal Protection. Shirts 

and Pants (BDU’s) NFPA 1977 

Compliant. 

SIN 633 39 - Wildland Fire Fighting 

Clothing - Personal Protection. Brush 

Shirts, Pants, Coats, Jackets, Jumpsuits - 

NFPA 1977 Compliant. Shirts, Pants, 

coats, Jumpsuits, coveralls - Flame 

Resistant. Not NFPA Compliant. 

SIN 633 4 - Protective Worksuits, 

Waterproof, Chemical and Electrical 

Safety. Jackets, Coats and Hoods. 

SIN 633 40 - Flotation Devices. 

Personal Flotation Devices, Coast Guard 

Approved Under 46 CFR 160.064; and 

Personal Flotation Devices Not Coast 

Guard Approved. 

SIN 633 43 - Wildland Fire Fighting 

Clothing - Personal Protection. Helmets, 

Safety, Wildfire - NFPA 1977 

Compliant. 

SIN 633 45 - Wildland Fire Fighting 

Clothing - Personal Protection. Helmets, 

Safety, Electrical Construction 

(Welder’s). 

SIN 633 47 - Security Wear, EMS 

Clothing and Related Products. 

SIN 633 48 - High Visibility, 

Reflective Safety Products. 

SIN 633 49 - Medical/Hospital 

Clothing. 

SIN 633 50 - Industrial Work Shirts 

and Pants. 

SIN 633 51—Concealment Clothing, 

Camouflage Clothing and BDUs. 

SIN 633 52—Miscellaneous Footwear 

Accessories. 

SIN 633 6 - Protective Worksuits, 

Waterproof, Chemical and Electrical 

Safety. 

SIN 633 6A - Emergency Response/ 

Hazmat Clothing and Related Products. 

SIN 633 60—Miscellaneous 

Undergarments for use with Special 

Purpose Clothing. 

SIN 633 61—Special Purpose Clothing 

not elsewhere covered under this 

Schedule. 

SIN 633 70—Cool/Hot Products. 

SIN 633 99 - Introduction of New 

Products/Services relating to Special 

Purpose Clothing. 

Cooperative Purchasing Data. 

GSA seeks to continually improve the 

quality of its data on cooperative 

purchasing activity under the FSS/MAS 

Program. Enhanced information on the 

buying trends of non-federal purchases 

will help GSA and other Federal 

agencies better understand how states 

and localities are using the FSS/MAS 

Program to facilitate key objectives of 

cooperative purchasing. One such 

objective is greater interoperability 

between Federal, state, and local 

infrastructures to achieve improved 

preparedness for emergencies. More 

detailed data will also allow GSA to 

more effectively monitor the impact of 

cooperative purchasing, including 

changes, if any, in: (i) small business 

participation; (ii) access for federal 

customers; and (iii) GSA’s ability to 

negotiate favorable pricing and terms 

and conditions. Currently, GSA collects 

sales data through both quarterly vendor 

reports based on the Industrial Funding 

Fee report and GSA Advantage, GSA’S 

online purchasing tool. GSA welcomes 

public comment on expanding the use 

and/or functionality of GSA Advantage 

or another system or process that allows 

additional collection of information at 

the transaction level to provide 

additional insight regarding the impact 

of the Cooperative Purchasing Program. 

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 changes may 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 

interim rule will affect large and small 

entities including small businesses that 

are awarded Schedule 84 contracts, 

under the GSA Federal Supply 

Schedule program; non-schedule 

contractors, including small businesses, 

contracting with State or local 

governments; and small governmental 

jurisdictions that will be eligible to 

place orders under Schedule 84 

contracts. The analysis is as follows: 

An Initial Regulatory Flexibility 

Analysis (IRFA) has been prepared. The 

analysis is summarized as follows: 

1. Description of the reasons why action 

by the agency is being considered. 

To implement Pub.L. 110–248, The Local 

Preparedness Acquisition Act. The Act 

amends section 502 of Title 40, United States 

Code, to authorize the Administrator of 

General Services to provide for the use by 

State or local governments of Federal Supply 

Schedules of the General Services 

Administration (GSA) for alarm and signal 

systems, facility management systems, 

firefighting and rescue equipment, law 

enforcement and security equipment, marine 

craft and related equipment, special purpose 

clothing, and related services (as contained 

in Federal supply classification code group 

84 or any amended or subsequent version of 

that Federal supply classification group). The 

rule opens the Federal Supply Schedule 84 

for use by other governmental entities to 

enhance intergovernmental cooperation. 

2. Succinct statement of the objectives of, 

and legal basis for the interim rule. 

The interim rule will implement Pub.L. 

110–248, The Local Preparedness 


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Acquisition Act with the objective of opening 

the Federal Supply Schedule 84 for use by 

other governmental entities to enhance 

intergovernmental cooperation. The goal of 

the new rule is to make ‘‘government’’ 

(considering all levels) more efficient by 

reducing duplication of effort and utilizing 

volume purchasing techniques for the 

acquisition of law enforcement, security, and 

certain other related items. 

3. Description of, and where feasible, 

estimate of the number of small entities to 

which the interim rule will apply. 

The rule will affect large and small entities 

including small businesses, that are awarded 

Schedule 84 contracts, under the GSA 

Federal Supply Schedule program; nonschedule contractors, including small 

businesses, contracting with State or local 

governments; and small governmental 

jurisdictions that will be eligible to place 

orders under Schedule 84. In Fiscal Year 

2007, approximately 85 percent (1,061) of 

GSA Schedule 84 contractors were small 

businesses, and approximately 54 percent 

($1,206,816,656) of Schedule 84 contract 

sales were reported as small business. All of 

the small business Schedule 84 contractors 

will be allowed, at the Schedule contractor’s 

option, to accept orders from State and local 

governments. Obviously, the expanded 

authority to order from Schedule 84 could 

increase the sales of small business Schedule 

contractors. As an example, the Schedule 70 

Cooper- ative Purchasing contract sales 

reported by small businesses between Fiscal 

Year 2004 and Fiscal Year 2007 increased 

from approximately $33.1 million to $98.3 

million. This represented an average of 42 

percent of the total Schedule 70 Cooperative 

Purchasing contract sales. 

It is difficult to identify the number of nonschedule small businesses that currently sell 

directly to State and local governments. The 

ability of governmental entities to use 

Schedule 84 may affect the competitive 

marketplace in which those small businesses 

operate. State and local government agencies 

could realize lower prices on some products 

and services, less administrative burden and 

shortened procurement lead times. The rule 

does not affect or waive State or local 

government preference programs. Finally, 

small governmental jurisdictions will also be 

affected. Counties, incorporated 

municipalities, minor subdivisions, public 

housing authorities, school districts, public 

educational institutions of higher learning, 

and Indian tribal governments would be 

among those affected if they chose to order 

from Schedule 84 contracts. Federal Supply 

Schedule contracts are negotiated as volume 

purchase agreements, with generally very 

favorable pricing. The ability of small 

governmental entities to order from Schedule 

84 holds out the potential for significant cost 

savings for those organizations. 

4. Description of projected reporting, 

recordkeeping, and other compliance 

requirements of the rule, including an 

estimate of the classes of small entities that 

will be subject to the requirement and the 

type of professional skills necessary for 

preparation of the report or record. 

The interim rule makes changes in certain 

provisions or clauses in order to recognize 

the fact that authorized non-federal ordering 

activities may place orders under the 

contract. The Office of Management and 

Budget under the Paperwork Reduction Act 

has previously approved these clauses and 

the changes do not impact the information 

collection or recordkeeping requirements. 

5. Identification, to the extent practicable, 

of all relevant Federal rules that may 

duplicate, overlap or conflict with the rule. 

The interim rule does not duplicate, 

overlap, or conflict with any other Federal 

rules. 

6. Description of any significant 

alternatives to the interim rule that 

accomplish the stated objectives of 

applicable statutes and that minimize any 

significant economic impact of the rule on 

small entities. 

There are no practical alternatives that will 

accomplish the objective of this rule. 

The Regulatory Secretariat has 

submitted a copy of the IRFA to the 

Chief Counsel for Advocacy of the Small 

Business Administration. Interested 

parties may obtain a copy from the 

Regulatory Secretariat. The Councils 

will consider comments from small 

entities concerning the affected FAR 

Parts 511, 516, 532, 538, 546, and 552 

in accordance with 5 U.S.C. 610. 

Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 601, et seq. (GSAR case 2008– 

G517), in all correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

apply; however, these changes to the 

FAR do not impose additional 

information collection requirements to 

the paperwork burden previously 

approved under OMB Control Number 

3090–0250. 

D. Determination to Issue an Interim 

Rule 

A determination has been made under 

the authority of the Administrator of 

General Services (GSA) that urgent and 

compelling reasons exist to promulgate 

this interim rule without prior 

opportunity for public comment. This 

action is necessary to implement Pub.L. 

110–248, The Local Preparedness 

Acquisition Act. The Act was signed 

and became effective June 26, 2008. In 

addition, this interim rule will provide 

immediate access to Schedule 84 items 

(e.g., firefighting and rescue equipment, 

first responder gear and kits, law 

enforcement and security equipment) 

that may be critical to meet the public 

safety and homeland security needs of 

State and local governments during 

hurricanes, fires and incidents related to 

homeland security. Further, 

implementation of this interim rule is 

an incremental expansion of the 

Cooperative Purchasing Program where 

the processes and procedures are well 

established and have been the subject of 

prior rulemakings. However, pursuant 

to Public Law 98–577 and FAR 1.501, 

the Councils will consider public 

comments received in response to this 

interim rule in the formation of the final 

rule. 

List of Subjects in 48 CFR Parts 511, 

516, 532, 538, 546, and 552. 

Government procurement. 

Dated: September 15, 2008. 

David A. Drabkin, 

Senior Procurement Executive, Office of the 

Chief Acquisition Officer, General Services 

Administration. 

■ Therefore, GSA amends 48 CFR parts 

511, 516, 532, 538, 546, and 552 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 511, 516, 532, 538, 546, and 552 

continues to read as follows: 

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

PART 511—DESCRIBING AGENCY 

NEEDS 

■ 2. Amend section 511.204 by revising 

paragraphs (c)(3) and (d) to read as 

follows: 

511.204 Solicitation provisions and 

contract clauses. 

* * * * * 

(c) * * * 

(3) Include the clause at 552.211–75, 

Preservation, Packaging and Packing, in 

solicitations and contracts for supplies 

expected to exceed the simplified 

acquisition threshold. You may also 

include the clause in contracts 

estimated to be at or below the 

simplified acquisition threshold when 

appropriate. Use Alternate I in 

solicitations and contracts for— 

(i) Federal Supply Schedule 70; 

(ii) The Consolidated Schedule 

containing information technology 

Special Item Numbers; 

(iii) Federal Supply Schedule 84; and 

(iv) Federal Supply Schedules for 

recovery purchasing (see 538.7102). 

* * * * * 

(d) Supply contracts. Include the 

clause at 552.211–77, Packing List, in 

solicitations and contracts for supplies, 

including purchases over the 

micropurchase threshold. Use Alternate 

I in solicitations and contracts for— 

(1) Federal Supply Schedule 70; 

(2) The Consolidated Schedule 

containing information technology 

Special Item Numbers; 

(3) Federal Supply Schedule 84; and 

(4) Federal Supply Schedules for 

recovery purchasing (see 538.7102). 


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PART 516—TYPES OF CONTRACTS 

■ 3. Amend section 516.506 by revising 

paragraph (c) to read as follows: 

516.506 Solicitation provisions and 

contract clauses. 

* * * * * 

(c) Use 552.216–72, Placement of 

Orders, Alternate III, instead of 

Alternate II in solicitations and 

contracts for— 

(1) Federal Supply Schedule 70; 

(2) The Consolidated Schedule 

containing information technology 

Special Item Numbers; and 

(3) Federal Supply Schedule 84. 

* * * * * 

PART 532—CONTRACT FINANCING 

■ 4. Amend section 532.206 by revising 

paragraphs (a) and (b) to read as follows: 

532.206 Solicitation provisions and 

contract clauses. 

(a) Discounts for prompt payment. 

Include 552.232–8, Discounts for 

Prompt Payments, in multiple award 

schedule solicitations and contracts 

instead of the clause at Federal 

Acquisition Regulation 52.232–8. Use 

Alternate I in solicitations and contracts 

for— 

(1) Federal Supply Schedule 70; 

(2) The Consolidated Schedule 

containing information technology 

Special Item Numbers (SINs); or 

(3) Federal Supply Schedule 84; and 

(4) Federal Supply Schedules for 

recovery purchasing (see 538.7102). 

(b) The contracting officer shall insert 

the clause at 552.232–81, Payments by 

Non-Federal Ordering Activities, in 

solicitations and schedule contracts 

for— 

(1) Federal Supply Schedule 70; 

(2) The Consolidated Schedule 

contracts containing information 

technology SINs; 

(3) FSS Schedule 84; and 

(4) Federal Supply Schedules for 

recovery purchasing (see 538.7102). 

* * * * * 

■ 5. Amend section 532.7003 by 

revising paragraphs (b) and (c) to read 

as follows: 

532.7003 Contract clause. 

* * * * * 

(b) Federal Supply Service contracts. 

Use Alternate I of the clause at 552.232– 

77 for all Federal Supply Schedule 

solicitations and contracts, except for— 

(1) Federal Supply Schedule 70, 

Information Technology; 

(2) The Consolidated Schedule 

contracts containing information 

technology Special Item Numbers; 

(3) Federal Supply Schedule 84; and 

(4) Federal Supply Schedule contracts 

for recovery purchasing (see 538.7102). 

(c) Use 552.232–79 instead of 

552.232–77 in solicitations and 

contracts for— 

(1) Federal Supply Schedule 70; 

(2) The Consolidated Schedule 

containing information technology 

Special Item Numbers; 

(3) Federal Supply Schedule 84; and 

(4) Federal Supply Schedule contracts 

for recovery purchasing (see 538.7102). 

PART 538—FEDERAL SUPPLY 

SCHEDULE CONTRACTING 

■ 6. Amend section 538.273 by revising 

paragraphs (a)(2) and (b)(2) to read as 

follows: 

538.273 Contract clauses. 

(a) * * * 

(2) 552.238–71, Submission and 

Distribution of Authorized FSS 

Schedule Pricelists. 

(i) Use Alternate I, in solicitations and 

contracts for— 

(A) Federal Supply Schedule 70; 

(B) The Consolidated Schedule 

contracts containing information 

technology Special Item Numbers; 

(C) Federal Supply Schedule 84; and 

(D) Federal Supply Schedules for 

recovery purchasing (see 538.7102), use 

Alternate I. 

(ii) If GSA is not prepared to accept 

electronic submissions for a particular 

schedule delete— 

(A) The paragraph identifier ‘‘(i)’’ in 

(b)(1) and the word ‘‘and’’ at the end of 

paragraph (b)(1)(i); and 

(B) Paragraphs (b)(1)(ii) and (b)(3). 

* * * * * 

(b) * * * 

(2) 552.238–75, Price Reductions. Use 

Alternate I in solicitations and contracts 

for— 

(i) Federal Supply Schedule 70; 

(ii) The Consolidated Schedule 

containing information technology 

Special Item Numbers; 

(iii) Federal Supply Schedule 84; and 

(iv) Federal Supply Schedules for 

recovery purchasing (see 538.7102). 

■ 7. Revise section 538.7000 to read as 

follows: 

538.7000 Scope of subpart. 

This subpart prescribes policies and 

procedures that implement statutory 

provisions authorizing non-federal 

organizations to use— 

(a) Federal Supply Schedule 70; 

(b) The Consolidated Schedule 

contracts containing information 

technology Special Item Numbers 

(SINs); and 

(c) Federal Supply Schedule 84. 

■ 8. Amend section 538.7001 by adding, 

in alphabetical order, the definition 

‘‘Schedule 84’’ to read as follows: 

538.7001 Definitions. 

* * * * * 

Schedule 84 means the Federal 

Supply Schedule for alarm and signal 

systems, facility management systems, 

firefighting and rescue equipment, law 

enforcement and security equipment, 

marine craft and related equipment, 

special purpose clothing, and related 

services (as contained in Federal Supply 

Classification Code Group 84 or any 

amended or subsequent version of that 

Federal supply classification group). 

* * * * * 

■ 9. Amend section 538.7002 by 

redesignating paragraph (c) as paragraph 

(d); by adding a new paragraph (c); and 

by revising the newly designated 

paragraph (d) to read as follows: 

538.7002 General. 

* * * * * 

(c) Pub.L. 110–248, The Local 

Preparedness Acquisition Act, 

authorizes the Administrator of General 

Services to provide for the use by state 

or local governments of Federal Supply 

Schedules of the General Services 

Administration (GSA) for alarm and 

signal systems, facility management 

systems, firefighting and rescue 

equipment, law enforcement and 

security equipment, marine craft and 

related equipment, special purpose 

clothing, and related services (as 

contained in Schedule 84). 

(d) State and local governments are 

authorized to procure from Schedule 70 

contracts, Consolidated Schedule 

contracts containing information 

technology SINs, and Schedule 84 

contracts. A listing of the participating 

contractors and SINs for the products 

and services that are available through 

Schedule 70 contracts, the Consolidated 

Schedule contracts containing 

information technology SINs, and 

Schedule 84 contracts, is available in 

GSA’s Schedules e-Library at 

www.gsa.gov/elibrary. Click on 

Schedules e-Library, and under 

Cooperative Purchasing, click on ‘‘View 

authorized vendors.’’ The contractors 

and the products and services available 

for Cooperative Purchasing will be 

labeled with the Cooperative Purchasing 

icon. 

■ 10. Amend section 538.7003 by 

revising the introductory paragraph to 

read as follows: 

538.7003 Policy. 

Preparing solicitations when 

schedules are open to eligible nonfederal entities. When opening Schedule 

70, the Consolidated Schedule 

containing information technology SINs, 

and Schedule 84, for use by eligible 

non-federal entities, the contracting 


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Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Rules and Regulations 54339 

officer must make minor modifications 

to certain Federal Acquisition 

Regulation and GSAM provisions and 

clauses in order to make clear 

distinctions between the rights and 

responsibilities of the U.S. Government 

in its management and regulatory 

capacity pursuant to which it awards 

schedule contracts and fulfills 

associated Federal requirements versus 

the rights and responsibilities of eligible 

ordering activities placing orders to 

fulfill agency needs. Accordingly, the 

contracting officer is authorized to 

modify the following FAR provisions/ 

clauses to delete ‘‘Government’’ or 

similar language referring to the U.S. 

Government and substitute ‘‘ordering 

activity’’ or similar language when 

preparing solicitations and contracts to 

be awarded under Schedule 70, and the 

Consolidated Schedule containing 

information technology SINs, and 

Schedule 84. When such changes are 

made, the word ‘‘(DEVIATION)’’ shall 

be added at the end of the title of the 

provision or clause. These clauses 

include but are not limited to: 

* * * * * 

■ 11. Revise section 538.7004 to read as 

follows: 

538.7004 Solicitation provisions and 

contract clauses. 

(a) The contracting officer shall insert 

the clause at 552.238–77, Definition 

(Federal Supply Schedules), in 

solicitations and contracts for— 

(1) Schedule 70; 

(2) The Consolidated Schedule 

containing information technology SINs; 

and 

(3) Schedule 84. 

(b) The contracting officer shall insert 

the clause at 552.238–78, Scope of 

Contract (Eligible Ordering Activities), 

in solicitations and contracts for— 

(1) Schedule 70; and 

(2) The Consolidated Schedule 

containing information technology SINs; 

and 

(3) Schedule 84. 

(c) The contracting officer shall insert 

the clause at 552.238–79, Use of Federal 

Supply Schedule Contracts by Certain 

Entities—Cooperative Purchasing, in 

solicitations and contracts for— 

(1) Schedule 70; 

(2) The Consolidated Schedule 

containing information technology SINs; 

and 

(3) Schedule 84. 

(d) See 552.101–70 for authorized 

FAR deviations. 

PART 546—QUALITY ASSURANCE 

■ 12. Amend section 546.710 by 

revising paragraph (b) to read as follows: 

546.710 Contract clauses. 

* * * * * 

(b) Multiple award schedules. Insert 

the clause at 552.246–73, Warranty— 

Multiple Award Schedule, in 

solicitations and contracts. Use 

Alternate I in solicitations and contracts 

for— 

(1) Federal Supply Schedule 70; 

(2) The Consolidated Schedule 

containing information technology 

Special Item Numbers; 

(3) Federal Supply Schedule 84; and 

(4) Federal Supply Schedules for 

recovery purchasing (see 538.7102). 

* * * * * 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 13. Amend section 552.238–78 by 

revising the date of the clause and 

paragraph (d) to read as follows: 

552.238–78 Scope of Contract (Eligible 

Ordering Activities). 

* * * * * 

SCOPE OF CONTRACT (ELIGIBLE 

ORDERING ACTIVITIES) (SEP 2008) 

* * * * * 

(d) The following activities may place 

orders against Schedule 70 contracts, and 

Consolidated Schedule contracts containing 

information technology Special Item 

Numbers, and Schedule 84 contracts, on an 

optional basis; PROVIDED, the Contractor 

accepts order(s) from such activities: State 

and local government, includes any state, 

local, regional or tribal government or any 

instrumentality thereof (including any local 

educational agency or institution of higher 

learning). 

* * * * * 

(End of clause) 

[FR Doc. E8–21927 Filed 9–18–08; 8:45 am] 

BILLING CODE 6820–61–S 


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