59590 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules 

in connection with the solicitation of 

offers, and the award, performance, and 

termination of contracts. 

(b) As used in this subpart, the term 

‘‘Contractor(s)’’ means prospective 

contractors, subcontractors, vendors, 

and suppliers. 

3. Amend section 504.475 by revising 

paragraph (a), paragraph (b) 

introductory text, and paragraphs (b)(1) 

thru (b)(5)(i) to read as follows: 

504.475 Return of classified information. 

(a) Contracting officers must recover 

classified information, unless it has 

been destroyed as provided in Section 7 

of Chapter 5 of the National Industrial 

Security Program Operating Manual 

(NISPOM). The Government agency that 

provided classified information to a 

GSA contractor is responsible for the 

return of the information. 

(b) Contracting officers must ensure 

that classified information provided by 

the government is returned immediately 

after any of the following events: 

(1) Bid opening or closing date for 

receipt of proposals by non-responding 

offerors. 

(2) Contract award by unsuccessful 

offerors. 

(3) Termination or completion of the 

contract. 

(4) Notification that authorization to 

release classified information has been 

withdrawn. 

(5) After Notification that a facility— 

(i) Does not have adequate means to 

safeguard classified information; or 

* * * * * 

Subpart 504.5 [Removed] 

4. Remove Subpart 504.5. 

504.602–71 [Redesignated as 504.605–70] 

5. Redesignate section 504.602–71 as 

504.605–70. 

6. Add Subpart 504.11 to read as 

follows: 

Subpart 504.11—Central Contractor 

Registration 

Sec. 

504.1103 Procedures. 

Subpart 504.11—Central Contractor 

Registration 

504.1103 Procedures. 

In addition to the requirements found 

in FAR 4.1103, prior to awarding a 

contractual instrument the contracting 

officer must— 

(1) Verify that the prospective 

contractor’s exact legal business name, 

Doing-Business-As (DBA) name (if any), 

physical street address, and Data 

Universal Number System (DUNS) 

number or DUNS+4 number, as found in 

the CCR, matches the information that 

will be placed on the contract, order, or 

agreement from the vendor’s quote or 

proposal. Correct mismatches by having 

the vendor amend the information in 

the CCR or the quote or proposal. The 

CCR information can be accessed 

through GSA’s CCR repository. (Contact 

the GSA Systems Programming Branch 

for instructions, a user ID, and 

password.) 

(2) Ensure that the contractor’s 

address code exists in Pegasys and that 

it is CCR enabled with the contractor’s 

DUNS or DUNS+4 number. This can be 

done by searching Pegasys records using 

the contractor’s Taxpayer Identification 

Number (TIN). If no code exists, request 

that a new address code be established 

by the Finance Center for CCR 

compliance. 

(3) Ensure that the contractor’s 

identifying information is correctly 

placed on the contractual instrument, 

using special care to ensure that the 

legal name and ‘‘remit to’’ name match 

exactly. (Note: Lockbox names or 

numbers should not be used to replace 

the contractor’s name in the remittance 

block on the contractual instrument.) 

7. Add Subpart 504.13 to read as 

follows: 

Subpart 504.13—Personal Identity 

Verification of Contractor Personnel 

Sec. 

504.1301 Policy. 

504.1303 Contract clause. 

Subpart 504.13—Personal Identity 

Verification of Contractor Personnel 

504.1301 Policy. 

Contracting officers must follow the 

procedures contained in the GSA 

HSPD–12 Personal Identify Verification 

and Credentialing Standard Operating 

Procedures, found at http:// 

insite.gsa.gov/hspd12implementation, 

to ensure compliance with Homeland 

Security Presidential Directive–12 

(HSPD–12) ‘‘Policy for a Common 

Identification Standard for Federal 

Employees and Contractors,’’ Office of 

Management and Budget Memorandum 

M–05–24, and Department of Commerce 

FIPS PUB 201. 

504.1303 Contract clause. 

Insert the clause at 552.204–9, 

Personal Identity Verification 

Requirements, in solicitations and 

contracts when it is determined that 

contractor employees will require 

routine physical access to federally 

controlled facilities or information 

systems to perform contract 

requirements. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

8. Add section 552.204–9 to read as 

follows: 

552.204–9 Personal Identity Verification 

Requirements. 

As prescribed in 504.1303, insert the 

following clause: 

PERSONAL IDENTITY VERIFICATION 

REQUIREMENTS (DATE) 

The Contractor shall comply with 

GSA personal identity verification 

requirements, identified by the 

Contracting Officer, if Contractor 

employees require routine physical 

access to GSA controlled facilities or 

information systems to perform contract 

requirements. 

(End of clause) 

[FR Doc. E8–22794 Filed 10–8–08; 8:45 am] 

BILLING CODE 6820–61–S 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 511 and 552 

[GSAR Case 2007–G507; Docket 2008–0007; 

Sequence 21] 

RIN 3090–AI74 

General Services Acquisition 

Regulation; GSAR Case 2007–G507; 

Describing Agency Needs 

AGENCY: Office of the Chief Acquisition 

Officer, General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration (GSA) is proposing to 

amend the General Services Acquisition 

Regulation (GSAR) to revise language 

regarding the requirements for 

describing the agency needs. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before December 8, 

2008 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by GSAR Case 2007–G507 by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting ‘‘GSAR 

Case 2007–G507’’ under the heading 

‘‘Comment or Submission’’. Select the 

link ‘‘Send a Comment or Submission’’ 

that corresponds with GSAR Case 2007– 

G507. Follow the instructions provided 

to complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 


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‘‘GSAR Case 2007–G507’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VPR), 1800 F Street, NW, Room 4041, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite GSAR Case 2007–G507 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: For 

clarification of content, contact Ms. 

Cecelia Davis at (202) 219–0202, or by 

e-mail at cecelia.davis@gsa.gov. For 

information pertaining to the status or 

publication schedules, contact the 

Regulatory Secretariat (VPR), Room 

4041, GS Building, Washington, DC 

20405, (202) 501–4755. Please cite 

GSAR Case 2007–G507. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The General Services Administration 

(GSA) is amending the General Services 

Administration Acquisition Regulation 

(GSAR) to update the text addressing 

GSAR Part 511, Describing Agency 

Needs, Subpart 511.1, Selecting and 

Developing Requirements Documents, 

Subpart 511.2, Using and Maintaining 

Requirements Documents, Subpart 

511.4, Delivery or Performance 

Schedules, Subpart 511.5, Liquidated 

Damages, and Subpart 511.6, Priorities 

and Allocations. 

This rule is a result of the General 

Services Administration Acquisition 

Manual (GSAM) Rewrite initiative. The 

initiative was undertaken by GSA to 

revise the GSAM to maintain 

consistency with the FAR and 

implement streamlined and innovative 

acquisition procedures that contractors, 

offerors, and GSA contracting personnel 

can utilize when entering into and 

administering contractual relationships. 

The GSAM incorporates the General 

Services Administration Acquisition 

Regulation (GSAR) as well as internal 

agency acquisition policy. 

GSA will rewrite each part of the 

GSAR and GSAM, and as each GSAR 

part is rewritten, will publish it in the 

Federal Register. 

This rule covers the rewrite of GSAR 

Part 511. The rule revises GSAR Subpart 

511.1, Selecting and Developing 

Requirements Documents; to renumber 

511.104–70, Solicitation provisions, to 

511.107 and revise its content for 

grammatical and structural clarity and 

consistency with FAR 52.211–6, GSAR 

Subpart 511.2, Using and Maintaining 

Requirements Documents; to revise 

511.204, Solicitation provisions and 

contract clauses; to delete paragraphs 

(a), (b)(2), and (b)(4) and insert new 

paragraphs (a),(b)(4) through (b)(13), and 

change paragraph (d) to paragraph (c) 

accordingly, and update the section and 

insert prescriptions for the use of new 

GSAR clauses in solicitations and 

contracts that cite Federal 

specifications, or in supply contracts 

that exceed the simplified acquisition 

threshold to include a format at 

paragraph (b)(11), Subpart 511.4, 

Delivery or Performance Schedules, to 

revise 511.404, Contract clauses; to 

delete paragraphs (a)(1), (2), and (5) and 

renumber paragraphs (3), (4), and (6) as 

paragraphs (1), (2) and (3) respectively, 

and revise paragraph (b) to change the 

title of the GSAR clause referenced in 

the paragraph to ‘‘Phased Completion of 

Work,’’ and revise the prescription for 

the use of the clause for consistency 

with FAR 52.211–10, to add a new 

Subpart 511.5, Liquidated Damages, and 

511.503, Contract Clause; to require 

liquidated damages for phased 

completion of construction for 

consistency with FAR 52.211–12, 

Subpart 511.6, Priorities and 

Allocations, to revise 511.600, Scope of 

Part; to delete obsolete text and update 

the section to note its non-applicability 

to non-rated orders; to delete 511.601, 

Definitions, in its entirety because the 

definitions are adequately addressed in 

FAR 11.601; revise 511.602, General, to 

update paragraphs (d) and (e); to remove 

obsolete text and add new language to 

make the paragraphs consistent with 

GSA’s current operating structure; to 

maintain section 511.603, Procedures, 

as written without change; and to delete 

511.604, Solicitation provision and 

contract clause in its entirety as the 

clause is obsolete and is no longer 

required. 

Discussion of Comments 

One public comment was received in 

response to the ‘‘Advanced Notice of 

Proposed Rulemaking’’ at 71 FR 7910, 

February 15, 2006, pertaining to this 

GSAR Part 511. The commenter 

suggested that GSA consider whether 

the various delivery and packaging 

requirements identified in the ‘‘Risk of 

Loss’’ clause to be simplified to clearly 

require delivery and packaging that 

comports with the contractor’s standard 

commercial practices. The agency 

determined that this comment is outside 

the scope of this Part, and has referred 

it for consideration under GSAM Part 

538. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

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

804. 

B. Regulatory Flexibility Act 

The General Services Administration 

does not expect this proposed rule to 

have a significant economic impact on 

a substantial number of small entities 

within the meaning of the Regulatory 

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

because the revisions are not considered 

substantive. The revisions only update 

and reorganize existing coverage. An 

Initial Regulatory Flexibility Analysis 

has, therefore, not been performed. We 

invite comments from small businesses 

and other interested parties. GSA will 

consider comments from small entities 

concerning the affected GSAR Parts 511 

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 2007– 

G507), in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the GSAM do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. 

List of Subjects in 48 CFR Parts 511 and 

552 

Government procurement. 

Dated: September 26, 2008 

Al Matera, 

Director, Office of Acquisition Policy. 

Therefore, GSA proposes to amend 48 

CFR parts 511 and 552 as set forth 

below: 

1. The authority citation for 48 CFR 

parts 511 and 552 continues to read as 

follows: 

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

PART 511—DESCRIBING AGENCY 

NEEDS 

511.104-70 [Removed] 

2. Remove section 511.104-70. 

3. Add section 511.107 to read as 

follows: 

511.107 Solicitation provisions. 

In addition to FAR clause 52.211–6, 

the contracting officer shall insert the 

provision at 552.211–X2 in solicitations 

when permitting brand name or equal 

item description(s), with instructions for 

the offeror to complete the information. 

4. Amend section 511.204 by— 


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a. Removing paragraph (a), and 

redesignating paragraphs (b), (c), and (d) 

as (a), (b), and (c) respectively; 

b. Removing the newly redesignated 

paragraphs (b)(2) and (b)(4), and 

redesignating the newly redesignated 

paragraph (b)(3) as (b)(2) and adding 

new paragraphs (b)(3) through (b)(13); 

and 

c. Removing from the second sentence 

of the newly redesignated paragraph 

(b)(2) ‘‘You’’ and adding ‘‘The 

Contracting Officer’’ in its place. 

The added text reads as follows: 

511.204 Solicitation provisions and 

contract clauses. 

* * * * * 

(b)* * * 

(3) Insert 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) Include the clause at 552.211–X8, 

Non-Manufactured Wood Packaging 

Material for Export, in solicitations and 

contracts for supplies when deliveries 

may be made to both civilian and 

military activities overseas and the 

contract amount is expected to exceed 

the simplified acquisition threshold. 

(5) Include the clause 552.211–X4, 

Consistent Pack and Package 

Requirements, in solicitations and 

contracts for supplies when deliveries 

may be made to both civilian and 

military activities and the contract 

amount is expected to exceed the 

simplified acquisition threshold. 

(6) Include the clause 552.211–X5, 

Maximum Weight Per Shipping 

Container, in solicitations and contracts 

for supplies when deliveries may be 

made to both civilian and military 

activities and the contract amount is 

expected to exceed the simplified 

acquisition threshold. 

(7) Include the clause 552.211–X6, 

Export Packing, in solicitations and 

contracts for supplies when deliveries 

may be made to both civilian and 

military activities and the contract 

amount is expected to exceed the 

simplified acquisition threshold. 

(8) Include the clause 552.211–X7, 

Vehicle Export Preparation, in 

solicitations and contracts for supplies 

when deliveries may be made to both 

civilian and military activities and the 

contract amount is expected to exceed 

the simplified acquisition threshold. 

(9) Include the clause 552.211–X9, 

Small Parts, in solicitations and 

contracts for supplies when deliveries 

may be made to both civilian and 

military activities and the contract 

amount is expected to exceed the 

simplified acquisition threshold. 

(10) Include the clause 552.211–X10, 

Decals, Stickers, and Data Plates, in 

solicitations and contracts for supplies 

when deliveries may be made to both 

civilian and military activities and the 

contract amount is expected to exceed 

the simplified acquisition threshold. 

(11) Include the clause 552.211–X11, 

Purchased Vehicle Format, in 

solicitations and contracts for supplies 

when deliveries may be made to both 

civilian and military activities and the 

contract amount is expected to exceed 

the simplified acquisition threshold. 

(12) Include the clause 552.211–X12, 

Radio Frequency Identification (RFID) 

Using Passive Tags, in solicitations and 

contracts for supplies when deliveries 

may be made to military activities and 

the contract amount is expected to 

exceed the simplified acquisition 

threshold. 

(13) Include the clause 552.211–X13, 

Unique Item Identification (UID), in 

solicitations and contracts for supplies 

when deliveries may be made to 

military activities and a single item 

exceeds $5,000 in cost. 

* * * * * 

5. Revise section 511.404 to read as 

follows: 

511.404 Contract clauses. 

(a) Supply contracts.—(1) Shelf-life 

items. Use the following clauses in 

solicitations and contracts that require 

delivery of shelf-life items within a 

specified number of months from the 

date of manufacture or production: 

(i) Insert 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, 

substitute Alternate I when required by 

the director of the portfolio concerned. 

(ii) Insert 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 552.211–81, Time of Shipment, in 

solicitations and stock replenishment 

contracts that do not include the 

Availability for Inspection, Testing and 

Shipment/Delivery clause at 552.211–83 

and require shipment within 45 

calendar days after receipt of the order. 

If shipment is required in more than 45 

days, use Alternate I. 

(3) Indeterminate testing time. Insert 

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. If the contract is 

for stock items, use Alternate I. 

(b) Construction contracts. Insert the 

clause at 552.211–84, Phased 

Completion of Work, in solicitations 

and contracts for construction when 

different completion dates are 

anticipated and FAR 52.211–10 is 

applicable. 

6. Add Subpart 511.5 to read as 

follows: 

Subpart 511.5—Liquidated Damages 

511.503 Contract clauses. 

Insert the clause at 552.211–X3, 

Liquidated Damages for Phased 

Completion—Construction, in 

solicitations and contracts for 

construction when supplementing FAR 

52.211–12, Liquidated Damages— 

Construction. 

7. Revise section 511.600 to read as 

follows: 

511.600 Scope of subpart. 

Pursuant to the Defense Priorities and 

Allocations System (DPAS) Delegation 

3, the Department of Commerce 

delegated to the GSA Global Supply 

(Southwest Supply Center) the authority 

to use the DPAS system. This subpart 

implements the DPAS within GSA. This 

subpart does not apply to non-rated 

orders placed by GSA on behalf of other 

agencies, for emergency preparedness, 

response, and recovery support. 

511.601 [Removed and reserved] 

8. Remove and reserve section 

511.601. 

9. Amend section 511.602 by revising 

paragraphs (d) and (e) to read as follows: 

511.602 General. 

* * * * * 

(d) Only the GSA Global Supply 

(Southwest Supply Center) may place 

an order containing a DPAS priority 

rating. 

(e) The Commissioner, FAS, shall 

issue additional guidance, as may be 

necessary, to ensure effective 

implementation of its delegated DPAS 

authority. 

* * * * * 

511.604 [Removed and reserved] 

10. Remove and reserve section 

511.604. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

552.211–8 [Removed and reserved] 

11. Remove and reserve section 

552.211–8. 


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12. Add sections 552.211-X1, 

552.211–X2, and 552.211–X3, after 

section 552.211–8 to read as follows: 

552.211–X1 Time of Delivery. 

As prescribed at 511.404(a), insert the 

following clause: 

TIME OF DELIVERY (DATE) 

The Contractor will ship contract item(s) to the Federal Supply Acquisition Service (FAS) stocking points identified in the delivery order at 

its discretion in order to maintain the required stock levels within the minimum and maximum requirements provided in the weekly status report. 

Delivery is required to be made at destination within *llllll* calendar days after receipt of order for deliveries to a GSA facility. 

Orders under this contract may require direct delivery to other agencies. Orders for direct delivery must be shipped and delivered within 

the time specified in blocks below. 

Shipment must be made with *llllll* days after receipt of order. 

In addition to block above the Contractor must also ensure that delivery will be made within *llllll* days after receipt of order. 

Note: A ‘‘X’’ mark in the left hand block shall be considered a mandatory requirement to be fulfilled by the contractor. 

552.211–X2 Brand Name or Equal. 

As prescribed at 511.107, insert the 

following provision: 

BRAND NAME OR EQUAL (DATE) 

The offeror shall include the 

following information for any brand 

name or equal item it is offering as 

required by Federal Acquisition 

Regulation 52.211–6: 

MANUFACTURER’S NAME lllll 

BRAND lllll 

MODEL OR PART NO. lllll 

552.211–X3 Liquidated Damages for 

Phased Completion—Construction 

As prescribed in 511.503, insert the 

following clause: 

LIQUIDATED DAMAGES FOR PHASED 

COMPLETION—CONSTRUCTION (DATE) 

(a) Where the contract specifies 

different completion dates for different 

phases or portions of the work, the 

Contractor shall be liable for liquidated 

damages at the specified rate for each 

calendar day following the completion 

date that the phase or portion of work 

is not completed. If a single rate is 

specified, the specified rate shall be 

apportioned between the different 

phases or portions of the work. 

(b) If the Government elects to accept 

any portion of the work not specifically 

designated as a phase or portion of work 

with its own completion date, the 

liquidated damage rate shall be 

apportioned between accepted work and 

uncompleted work, and the Contractor’s 

liability for liquidated damages shall be 

computed accordingly. The Contractor 

may receive a rated order under this 

contract from a Delegate Agency. The 

Contractor must give preferential 

treatment to rated orders as required by 

the Defense Priorities and Allocations 

System (DPAS) regulation (15 CFR part 

700). The existence of previously 

accepted unrated or lower rated orders 

is not sufficient reason to reject a rated 

order. Rated orders take preference over 

all unrated orders as necessary to meet 

required delivery dates. There are two 

levels of ratings designated by the 

symbol of either ‘‘DO’’ or ‘‘DX.’’ All 

‘‘DO’’ rated orders have equal priority 

with each other and take preference 

over unrated orders. All ‘‘DX’’ rated 

orders have equal priority with each 

other and take preference over ‘‘DO’’ 

rated orders and unrated orders. The 

rating designation is followed by a 

program identification symbol. Program 

identification symbols indicate which 

approved program is supported by the 

rated order (see Schedule 1 of 15 CFR 

part 700 for a list of Delegate Agencies, 

approved programs, and program 

identification symbols). 

552.211–15 [Removed and reserved] 

13. Remove and reserve section 

552.211–15. 

552.211–71 [Removed and reserved] 

14. Remove and reserve section 

552.211–71. 

552.211–74 [Removed and reserved] 

15. Remove and reserve section 

552.211–74. 

16. Revise section 552.211–76 to read 

as follows: 

552.211–76 Charges for Packaging, 

Packing and Marking. 

As prescribed in 511.204(c)(4), insert 

a clause substantially as follows: 

CHARGES FOR PACKAGING, 

PACKING AND MARKING (DATE) 

If supplies shipped to a GSA 

wholesale distribution center are not 

packaged, packed and marked in 

accordance with contract requirements, 

the Government has the right, without 

prior notice to the Contractor, to 

perform the required repackaging/ 

repacking/ remarking, by contract or 

otherwise, and charge the Contractor 

therefore at the rate of $ll *ll per 

man-hour or fraction thereof. The 

Contractor will also be charged for 

material costs, if incurred. This right is 

not exclusive, and is in addition to other 

rights or remedies provided for in this 

contract. 

(End of clause) 

* The rate to be inserted in the above 

clause shall be determined by the 

Commissioner, Federal Supply Service, or a 

designee. 

552.211–78 [Removed and reserved] 

17. Remove and reserve section 

552.211–78. 

552.211–82 [Removed and reserved] 

18. Remove and reserve section 

552.211–82. 

19. Amend section 552.211–84 by 

revising the section heading; and 

revising the date of the clause to read as 

follows: 

552.211–84 Phased Completion of Work. 

* * * * * 

PHASED COMPLETION OF WORK 

(DATE) 

* * * * * 

20. Add sections 552.211–X4 through 

552.211–X13 to read as follows: 


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552.211–X4 (D-FSS–457) Consistent Pack 

and Package Requirements. 

As prescribed in 511.204, insert the 

following clause: 

CONSISTENT PACK AND PACKAGE 

REQUIREMENTS (DATE) 

The Contractor is advised that the 

Government will, where possible, order 

in full shipping containers and/or 

unitized loads. If volume warrants, the 

Government may also order in truckload 

or carload quantities provided such 

quantities do not exceed the maximum 

order limitation of this contract. 

When the number of items per unit 

container, intermediate container and/or 

shipping container is not specified for 

an item, the offeror will state, in the 

spaces provided in the schedule of 

items, the number of items to be 

provided in each container. The 

quantities which are accepted at the 

time of award shall remain in effect 

throughout the term of the contract 

unless the Contracting Officer approves 

in writing a request by the Contractor to 

change the package quantities. Requests 

for changes shall be directed to the 

Contracting Officer or Administrative 

Contracting Officer, whichever is 

applicable. 

552.211–X5 (D-FSS–462) Maximum Weight 

Per Shipping Container. 

As prescribed in 511.204, insert the 

following clause: 

MAXIMUM WEIGHT PER SHIPPING 

CONTAINER (DATE) 

In no instance shall the weight of a 

shipping container and its contents 

exceed 23 kilograms (51 pounds), except 

when caused by— 

(1) The weight of a single item within 

the shipping container; 

(2) A prescribed quantity per pack for 

an item per shipping container; or 

(3) A definite weight limitation set 

forth in the purchase description. 

(End of clause) 

552.211–X6 (D-FSS–465) Export Packing. 

As prescribed in 511.204, insert the 

following clause: 

EXPORT PACKING (DATE) 

(a) Offerors are requested to quote, in 

the pricelist accompanying their offer 

(or by separate attachment), additional 

charges or net prices covering delivery 

of the items furnished with commercial 

or military export packing. Military 

export packing, if offered, shall be in 

accordance with Mil-Std–2073–1 Level 

A or B as specified. If commercial 

export packing is offered, the offer or 

pricelist shall include detailed 

specifications describing the packing to 

be furnished at the price quoted. 

(b) Ordering activities will not be 

obligated to utilize the Contractor’s 

services for export packing accepted 

under this solicitation, and they may 

obtain such services elsewhere if 

desired. However, the Contractor shall 

furnish items export packed when such 

packing is specified on the purchase 

order. 

(End of clause) 

552.211–X7 (D-FSS–466) Export 

Preparation. 

As prescribed in 511.204, insert the 

following clause: 

EXPORT PREPARATION (DATE) 

Vehicles shall be prepared for export 

on wheels, unboxed, unless otherwise 

specified in the Schedule of Items. All 

parts and equipment easily removable 

(subject to pilferage) shall be enclosed 

in a box substantially secured to the 

vehicle (inside body if feasible) in such 

a manner as to minimize the possibility 

of loss or damage while in transit to 

ultimate destination. 

(End of clause) 

552.211–X8 (D-FAS–468) NonManufactured Wood Packaging Material for 

Export. 

As prescribed in 511.204, insert the 

following clause: 

NON-MANUFACTURED WOOD 

PACKAGING MATERIAL FOR EXPORT 

(DATE) 

(a) Definitions. 

Packaged material, and solid wood 

packing material (SWPM), for purposes 

of this clause, is defined as each 

separate and distinct material that by 

itself or in combination with other 

materials forms the container providing 

a means of protecting and handling a 

product. This includes, but is not 

limited to, pallets, dunnage, crating, 

packing blocks, drums, load boards, 

pallet collars, and skids. 

Non-manufactured wood, is also 

called solid wood and defined as wood 

packing other than that comprised 

wholly of wood-based products such as 

plywood, particle board, oriented strand 

board, veneer, wood wool, and similar 

materials, which has been created using 

glue, heat and pressure or a combination 

thereof. 

IPPC Country: Countries of the 

European Union (EU) or any other 

country endorsing the International 

Plant Protection Convention (IPPC) 

‘‘Guidelines for Regulating Wood 

Packaging Material in International 

Trade,’’ approved March 15, 2002. A 

listing of countries participating in the 

IPPC is found at http:// 

www.aphis.usda.gov/importlexport/ 

plants/plantlexports/wpm/country/ 

index.shtml. 

(b) Non-manufactured wood pallets 

and other non-manufactured wood 

packaging material used to pack items 

for delivery to or through IPPC countries 

must be marked and properly treated in 

accordance with IPPC guidelines. 

(c) This requirement applies whether 

the shipment is direct to the end user or 

through a Government designated 

consolidation point. Packaging that does 

not conform to IPPC guidelines will be 

refused entry, destroyed or treated prior 

to entry. 

(d) For Department of Defense 

distribution facilities or freight 

consolidation points, all nonmanufactured wood pallets or packaging 

material with a probability of entering 

countries endorsing the IPPC Guidelines 

must be treated and marked in 

accordance with DLAD 47.305–1 

(available at http://www.dla.mil/j–3/j– 

3311/DLAD/rev5.htm), and MIL-STD– 

2073–1, Standard Practice for Military 

Packaging (and any future revision). 

(e) Pallets and packing material 

shipped to FAS distribution facilities 

designated for possible delivery to the 

countries endorsing the IPPC Guidelines 

will comply with DLAD 47.305–1, and 

MIL-STD–2073–1. 

(f) Delays in delivery caused by noncomplying pallets or wood package 

material will not be considered as 

beyond the control of the Contractor. 

Any applicable Government expense 

incurred as a result of the Contractor’s 

failure to provide appropriate pallets or 

package material shall be reimbursed by 

the Contractor. Expenses may include 

the applicable cost for repackaging, 

handling and return shipping, or the 

destruction of solid wood packaging 

material. 

(End of clause) 

552.211–X9 (D-FSS–469) Small Parts. 

As prescribed in 511.204, insert the 

following clause: 

SMALL PARTS (DATE) 

All small parts required must be 

furnished in connection with machines 

covered by contracts resulting from this 

solicitation shall be packed in 

envelopes, sealed, identified with part 

numbers and quantity on outside of 

envelopes: larger parts must be 

individually tagged and identified with 

part number on face of tag. 

(End of clause) 

552.211–X10 (D-FSS–478) Decals, 

Stickers, and Data Plates. 

As prescribed in 511.204, insert the 

following clause: 

DECALS, STICKERS, AND DATA 

PLATES (DATE) 

Unless otherwise specified, caution 

plates/decals shall be conspicuously 

installed for all equipment requiring 

such notices. Vehicles for civil agencies 


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Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules 59595 

shall be provided with the 

manufacturer’s current warranty legend 

imprinted on decalcomania, and 

applied in a visible area of the engine 

compartment. In addition, a decal or 

sticker shall provide at least the 

following information: contract number; 

purchase order number; date of 

delivery, month and year; and the 

warranty time, in month and miles. 

552.211–X11 (D-FSS–479) Purchase 

Vehicle. 

As prescribed in 511.204, insert the 

following clause: 

PURCHASE VEHICLE (DATE) 

The Contractor shall affix one copy of 

GSA Form 1398, GSA Purchased 

Vehicle, fully completed, to the right or 

left front door lock face or door post 

after final inspection is made. All marks 

on windows and other labels (except 

labels cautioning against drained 

transmission, crankcase, and rear axle) 

shall be removed. Copies of GSA Form 

1398 are available from the Contracting 

Officer. 

NOTE TO OFFEROR: Data shown in the 

solicitation schedule of items may be utilized 

to satisfy the requirements for the following 

to be shown on GSA Form 1398: 

(1) Receiving Agency—Examples are: State, 

USIA, Forest Service, GSA. 

(2) Purchase Order Number—Use the fivedigit ‘‘case’’ or ‘‘file’’ number. 

(End of clause) 

552.211–X12 Radio Frequency 

Identification (RFID) Using Passive Tags. 

As prescribed in 511.204, insert the 

following clause: 

RADIO FREQUENCY 

IDENTIFICATION (RFID) USING 

PASSIVE TAGS (DATE) 

Radio Frequency Identification shall 

be required on all non-bulk shipments 

to the Defense Logistics Agency (DLA) 

or Department of Defense (DoD) 

destinations. Shipments shall be tagged 

in accordance with 48 CFR clause 

252.211–006. Shipments to GSA 

Distribution Centers with final 

destinations to DLA and DoD shall be in 

compliance to 48 CFR 252.211–7006. 

Copies may be obtained from http:// 

www.access.gpo.gov/nara/cfr/cfr-tablesearch.html. 

(End of clause) 

552.211-X13 Unique Item Identification 

(UID). 

As prescribed in 511.204, insert the 

following clause: 

UNIQUE ITEM IDENTIFICATION 

(UID) (DATE) 

Unique Item Identification shall be 

required on tangible personal property 

in accordance with DFARS 211.274–4 as 

requested by the Defense Logistics 

Agency (DLA) or Department of Defense 

(DOD). Item Property that falls within 

this criterion shall be valuated and 

identified in accordance with DFARS 

252.211–7003. Details shall be found in 

DFARS 252.211–7007. Copies can be 

obtained from http:// 

www.access.gpo.gov (48 CFR Chapter 2). 

(End of clause) 

[FR Doc. E8–23703 Filed 10–8–08; 8:45 am] 

BILLING CODE 6820–61–S 


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