Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 26107 

EPA-APPROVED FLORIDA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

* * * * * * * 

Chapter 62–252 Gasoline Vapor Control 

* * * * * * * 

62–252.200 ............... Definitions ........................................ 9/4/2006 June 1, 2009. [Insert citation of 

publication].

62–252.300 ............... Gasoline Dispensing FacilitiesStage I Vapor Recovery.9/4/2006 June 1, 2009. [Insert citation of 

publication].

62–252.400 ............... Gasoline Dispensing FacilitiesStage II Vapor Recovery.9/4/2006 June 1, 2009. [Insert citation of 

publication].

62–252.500 ............... Gasoline Tanker Trucks .................. 9/4/2006 June 1, 2009. [Insert citation of 

publication].

* * * * * * * 

Chapter 62–296 Stationary Sources—Emission Standards 

* * * * * * * 

62–296.418 ............... Bulk Gasoline Plants ....................... 9/4/2006 June 1, 2009. [Insert citation of 

publication].

* * * * * * * 

62–296.509 ............... Bulk Gasoline Plants ....................... ........................ June 1, 2009. [Insert citation of 

publication].

Repealed. 

* * * * * * * 

* * * * * 

[FR Doc. E9–12575 Filed 5–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 546 and 552 

[GSAR Amendment 2009–08; GSAR Case 

2008–G514 (Change 36); Docket 2008–0007; 

Sequence 7] 

RIN 3090–AI69 

General Services Administration 

Acquisition Regulation; GSAR Case 

2008–G514; Rewrite of Part 546, 

Quality Assurance 

AGENCIES: General Services 

Administration (GSA), Office of the 

Chief Acquisition Officer. 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

General Services Administration 

Acquisition Regulation (GSAR) by 

revising sections of GSAR Part 546 and 

552 that provides requirements for 

quality assurance. 

DATES: Effective Date: June 1, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Jeritta 

Parnell, Procurement Analyst, at (202) 

501–4082. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat (VPR), 1800 F 

Street, NW, Room 4041, Washington, 

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

Amendment 2009–08, GSAR case 2008– 

G514 (Change 36). 

SUPPLEMENTARY INFORMATION: 

A. Background 

The GSA is amending the General 

Services Administration Acquisition 

Regulation (GSAR) to revise GSAR Parts 

546 and 552 as follows: 

The GSAR section 546.302–70, Source 

Inspection by Quality Approved 

Manufacturer for fixed-price supply 

contracts, is revised to include 

applicability to certain programs, i.e., 

stock, special order program, wildfire. 

The subsection is revised to include 

reference to FAR 52.246–2, Inspection 

of Supplies—Fixed Price. 

The GSAR section 546.302–71, Source 

inspection, is retained with no revisions 

to the clause except for the replacement 

of Federal Supply Service (FSS) with 

Federal Acquisition Service (FAS). 

The GSAR section 546.302–72, 

Destination inspection, is added to 

prescribe the clause at 552.246–78, 

Inspection at Destination. 

The language in GSAR 546.312, 

Construction contracts, that prescribes 

the clause at 552.246–72, Final 

Inspection and Tests, is retained. 

The language in GSAR 546.470–2, 

Certification Testing, is deleted. 

The language in GSAR 546.708, 

Warranties of data, is revised to place 

emphasis on the role of the contracting 

officer. 

The language in GSAR 546.710, 

Contract clause, is revised to add the 

clause at 552.246–77, Additional 

Contract Warranty Provisions for 

Supplies of a Noncomplex Nature. This 

clause is used when the FAR clause at 

52.246–17, Warranty of Supplies of a 

Noncomplex Nature, is included in 

solicitations and contracts. The 

prescriptive language in paragraphs (b), 

(c), and (d) is deleted. The clauses 

prescribed in paragraphs (b), (c), and (d) 

are being deleted. 

The clause at GSAR 552.246–17, 

Warranty of Supplies of a Noncomplex 

Nature, is being deleted as it 

unnecessarily repeats, paraphrases, or 

otherwise restates material contained in 

the FAR. A new clause GSAR 552.246– 

77, Additional Contract Warranty 

Provisions for Supplies of a 

Noncomplex Nature, is added to 

provide for GSA unique rights and 

remedies. 

The clause at GSAR 552.246.70, 

Source Inspection by Quality Approved 

Manufacturer, is revised to edit and 

clarify existing clause language. 

26108 Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 

The clause at GSAR 552.246–71, 

Source Inspection by Government, is 

retained. 

The clause at GSAR 552.246–72, Final 

Inspection and Tests, is being retained. 

The clause at GSAR 552.246–73, 

Warranty—Multiple Award Schedule, is 

being relocated to GSAR Part 538. 

The clause at GSAR 552.246–75, 

Guarantees, is being deleted. The FAR 

provides sufficient guidance. 

The clause at GSAR 552.246–76, 

Warranty of Pesticides, is being deleted. 

This clause was determined to be 

unnecessary for inclusion in the GSAR. 

The clause at GSAR 552.246–78, 

Inspection at Destination, is being 

added to provide for inspection by 

Government personnel at destination. 

The GSA published a proposed rule 

with request for comments in the 

Federal Register at 73 FR 45379 on 

August 5, 2008. There was one public 

comment from one respondent. The 

respondent recommended retaining the 

clause at GSAR 552.246–72, Final 

Inspection and Tests. The GSA agrees 

and the clause is retained. 

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 

certifies that this final rule will not 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 rule is not considered 

substantive. It clarifies existing 

language, deletes obsolete coverage, and 

edits existing language. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

GSAR do not impose recordkeeping or 

information collection requirements, or 

otherwise collect information from 

offerors, contractors, or members of the 

public that require approval of the 

Office of Management and Budget under 

44 U.S.C. Chapter 35, et seq. 

List of Subjects in 48 CFR Parts 546 and 

552 

Government procurement. 

Dated: May 14, 2009. 

David A. Drabkin, 

Acting Chief Acquisition Officer, Office of 

the Chief Acquisition Officer, General 

Services Administration. 

■ Therefore, GSA amends 48 CFR parts 

546 and 552 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 546 and 552 continues to read as 

follows: 

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

PART 546—QUALITY ASSURANCE 

■ 2. Revise section 546.302–70 to read 

as follows: 

546.302–70 Source inspection by Quality 

Approved Manufacturer for fixed-price 

supply contracts. 

(a) For solicitations issued and 

contracts awarded by FAS that will 

exceed the simplified acquisition 

threshold and include the clause at 

52.246–2, Inspection of Supplies— 

Fixed-Price: 

(1) The contracting officer shall insert 

the clause at 552.246–70, Source 

Inspection by Quality Approved 

Manufacturer, in solicitations and 

contracts that provide for source 

inspection for the Stock and Special 

Order Programs. 

(2) 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, 

under paragraph (a)(1) of the clause at 

552.246–70 under any of the 

circumstances listed below after 

coordinating the authorization with 

QVOC and documenting the 

authorization in the file. 

(i) Inspection services are available 

from another Federal agency with 

primary inspection responsibility in the 

geographic area. 

(ii) An inspection interchange 

agreement exists with another agency 

for inspection at a contractor’s plant. 

(iii) Other considerations will ensure 

more economical and effective 

inspection consistent with the 

Government’s interest. 

(b) When the estimated value of the 

acquisition is below the simplified 

acquisition threshold and will include 

the clause at 52.246–2, Inspection of 

Supplies—Fixed-Price, insert the clause 

at 552.246–70, Source Inspection by 

Quality Approved Manufacturer only: 

(1) In solicitations and contracts that 

support the Wildfire program. 

(2) In contracts when a pattern of 

acquisitions demonstrates an ongoing 

relationship with the contractor. 

546.302–71 [Amended] 

■ 3. Amend section 546.302–71 by 

removing ‘‘FSS’’ and adding ‘‘FAS’’ in 

its place. 

■ 4. Add section 546.302–72 to read as 

follows: 

546.302–72 Destination Inspection. 

The contracting officer shall include 

the clause at 552.246–78, Inspection at 

Destination (JUL 09)in supply contracts 

that require inspection at destination. 

Subpart 546.4 [Removed] 

■ 5. Remove Subpart 546.4 consisting of 

section 546.470–2. 

■ 6. Revise section 546.708 to read as 

follows: 

546.708 Warranties of data. 

(a) The contracting officer shall use 

warranties of data only when both of the 

following conditions are applicable: 

(1) Use of a warranty is in the 

Government’s interest and is 

documented; and 

(2) The contracting director concurs 

with the decision. 

(b) The contracting officer shall 

consult with the technical or 

specification manager responsible for 

developing any warranties of data. 

■ 7. Revise section 546.710 to read as 

follows: 

546.710 Contract clause. 

The Contracting officer shall insert 

the clause at 552.246–77, Additional 

Contract Warranty Provisions for 

Supplies of a Noncomplex Nature, when 

using the clause at 52.246–17 in 

solicitations and contracts. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

552.246–17 [Removed] 

■ 8. Remove section 552.246–17. 

■ 9. Revise section 552.246–70 to read 

as follows: 

552.246–70 Source Inspection by Quality 

Approved Manufacturer. 

As prescribed in 546.302–70, insert 

the following clause: 

SOURCE INSPECTION BY QUALITY 

APPROVED MANUFACTURER (JUL 09) 

(a) Inspection system and inspection 

of facilities. (1) The inspection system 

maintained by the Contractor under the 

Inspection of Supplies—Fixed Price 

clause (FAR 52.246–2) of this contract 

shall be maintained throughout the 

contract period. Unless otherwise 

authorized in writing by the Contracting 

Officer, the Contractor shall comply 

with all requirements of editions in 

effect on the date of the solicitation of 

either Federal Standard 368 or the 

International Organization for 

Standardization (ISO) Standard 

9001:2000 (Quality Management 

Systems—Requirements). A 

documented description of the 

Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 26109 

inspection system shall be made 

available to the Government before 

contract award. At the sole discretion of 

the Contracting Officer, he/she may 

authorize in writing exceptions to the 

quality assurance standards identified 

above. The Contractor shall immediately 

notify the Administrative Contracting 

Officer (ACO) of any changes made in 

the inspection system during the 

contract period. As used herein, the 

term ‘‘inspection system’’ means the 

Contractor’s own facility or any other 

facility acceptable to the Government 

that will be used to perform inspections 

or tests of materials and components 

before incorporation into end articles 

and for inspection of such end articles 

before shipment. When the 

manufacturing plant is located outside 

of the United States, the Contractor shall 

arrange delivery of the items from a 

plant or warehouse located in the 

United States (including Puerto Rico 

and the U.S. Virgin Islands) equipped to 

perform all inspections and tests 

required by the contract or 

specifications to evidence conformance 

therewith, or shall arrange with a testing 

laboratory or other facility in the United 

States, acceptable to the Government, to 

perform the required inspections and 

tests. 

(2) In addition to the requirements in 

Federal Standard 368, ISO 9001:2000 or 

as otherwise approved by the 

Government, records shall include the 

date inspection and testing were 

performed. These records shall be 

available for (i) 3 years after final 

payment; or (ii) 4 years from the end of 

the Contractor’s fiscal year in which the 

record was created, whichever period 

expires first. 

(3) Offerors are required to specify, in 

the space provided elsewhere in this 

solicitation, the name and address of 

each manufacturing plant or other 

facility where supplies will be available 

for inspection, indicating the item 

number(s) to which each applies. 

(4) The Contractor shall provide the 

Administrative Contracting Officer ACO 

with the name(s) of the individual and 

an alternate responsible for the 

inspection system. In the event that the 

designated individual(s) becomes 

unavailable to oversee the inspection 

system, the Contractor, within 10 

calendar days of such event, shall 

provide the ACO with the names of the 

replacement individual(s). 

(b) Inspection by the Contractor. The 

Contractor is required to demonstrate 

that the supplies in the shipment have 

been subject to and have passed all 

inspections and tests required by the 

contract and meet the requirements of 

the contract. 

(c) Inspection by Government 

personnel. (1) Although the Government 

will normally rely upon the Contractor’s 

representation as to the quality of 

supplies shipped, it reserves the right 

under the Inspection of Supplies—Fixed 

Price clause to inspect and test all 

supplies called for by this contract, 

before acceptance, at all times and 

places, including the point of 

manufacture. When the Government 

notifies the Contractor of its intent to 

inspect supplies before shipment, the 

Contractor shall notify or arrange for 

subcontractors to notify the designated 

GSA quality assurance office 7 

workdays before the date when supplies 

will be ready for inspection. Shipment 

shall not be made until inspection by 

the Government is completed and 

shipment is authorized by the 

Government. 

(2) The offeror shall indicate, in the 

spaces provided below, the location(s) 

at which the supplies will be inspected 

or made available for inspection. 

INSPECTION POINT 

ITEM NO(S). NAME OF MANUFACTURER NAME, ADDRESS (Including 

County), and TELEPHONE NUMBER 

llllll llllllllllllll lllllllllllll llllllllllll 

llllll llllllllllllll lllllllllllll llllllllllll 

llllll llllllllllllll lllllllllllll llllllllllll 

NOTE: If additional space is needed, the 

offeror may furnish the requested 

information by an attachment to the offer. 

(3) During the contract period, a 

Government representative may 

periodically select samples of supplies 

produced under this contract for 

Government verification, inspection, 

and testing. Samples selected for testing 

will be disposed of as follows: Samples 

from an accepted lot, not damaged in 

the testing process, will be returned 

promptly to the Contractor after 

completion of tests. Samples damaged 

in the testing process will be disposed 

of as requested by the Contractor. 

Samples from a rejected lot will be 

returned to the Contractor or disposed 

of in a time and manner agreeable to 

both the Contractor and the 

Government. 

(d) Quality deficiencies. (1) 

Notwithstanding any other clause of this 

contract concerning the conclusiveness 

of acceptance by the Government, any 

supplies or production lots shipped 

under this contract found to be defective 

in material or workmanship, or 

otherwise not in conformity with the 

requirements of this contract within a 

period of llll*llll months 

after acceptance shall, at the 

Government’s option, be replaced, 

repaired, or otherwise corrected by the 

Contractor at no cost to the Government 

within 30 calendar days (or such longer 

period as the Contracting Officer may 

authorize in writing) after receipt of 

notice to replace or correct. The 

Contractor shall remove, at its own 

expense, supplies rejected or required to 

be replaced, repaired, or corrected. 

When the nature of the defect affects an 

entire batch or lot of supplies, and the 

Contracting Officer determines that 

correction can best be accomplished by 

retaining the nonconforming supplies, 

and reducing the contract price by an 

equitable amount under the 

circumstances, then the equitable price 

adjustment shall apply to the entire 

batch or lot of supplies from which the 

nonconforming item was taken. 

(2) The Contractor may be issued a 

Quality Deficiency Notice (QDN) if: 

(i) Supplies in process, shipped, or 

awaiting shipment to fill Government 

orders are found not to comply with 

contract requirements, or (ii) 

deficiencies in either plant quality or 

process controls are found. Upon receipt 

of a QDN, the Contractor shall take 

immediate corrective action and shall 

suspend shipment of the supplies 

covered by the QDN until such time as 

corrective action has been completed. 

The Contractor shall notify the 

Government representative, within 5 

workdays, of the action plan or the 

corrective action taken. The 

Government may elect to verify the 

corrective action at the Contractor 

location(s). Shipments of 

nonconforming supplies will be 

returned at the Contractor’s expense and 

may constitute cause for termination of 

the contract. Delays due to the 

26110 Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 

insurance of a QDN do not constitute 

excusable delay under the default clause 

of this contract. Failure to complete 

corrective action in a timely manner 

may result in termination of the 

contract. 

(3) This contract may be terminated 

for default if subsequent Government 

inspection discloses that plant quality 

or process controls are not being 

maintained, supplies that do not meet 

the requirements of the contract are 

being shipped, or if the contractor fails 

to comply with any other requirement of 

this clause. 

(e) Additional cost for inspection and 

testing. The Contractor shall be charged 

for any additional cost of inspection/ 

testing or reinspecting/retesting 

supplies for the reasons stated in 

paragraph (e) of FAR 52.246–2, 

Inspection of Supplies—Fixed Price. 

When inspection or testing is performed 

by or under the direction of GSA, 

charges will be at the rate of 

$llll**llll per man-hour or 

fraction thereof if the inspection is at a 

GSA distribution center; 

$llll**llll per man-hour or 

fraction thereof, plus travel costs 

incurred, if the inspection is at any 

other location; and $llll**llll 

per man-hour or fraction thereof for 

laboratory testing, except that when a 

testing facility other than a GSA 

laboratory performs all or part of the 

required tests, the Contractor shall be 

assessed the actual cost incurred by the 

Government as a result of testing at such 

facility. When inspection is performed 

by or under the direction of any agency 

other than GSA, the charges indicated 

above may be used, or the agency may 

assess the actual cost of performing the 

inspection and testing. 

(f) Responsibility for rejected supplies. 

When the Contractor fails to remove or 

provide instructions for the removal of 

rejected supplies under paragraph (d) of 

this clause, pursuant to the Contracting 

Officer’s instructions, the Contractor 

shall be liable for all costs incurred by 

the Government in taking such 

measures as are expedient to avoid 

unnecessary loss to the Contractor. In 

addition to the remedies provided in 

FAR 52.246–2, supplies may be— 

(1) Stored and charged against the 

Contractor’s account; 

(2) Reshipped to the Contractor at its 

expense (any additional expense 

incurred by the Government or the 

freight carrier caused by the refusal of 

the Contractor to accept their return 

shall also be charged against the 

Contractor’s account); 

(3) Sold to the highest bidder on the 

open market and the proceeds applied 

against the accumulated storage and 

other costs, including the cost of the 

sale; or 

(4) Otherwise disposed of by the 

Government. 

(g) Subcontracting requirements. The 

Contractor shall insert in any 

subcontracts the inspection or testing 

provisions set forth in paragraphs (a) 

through (d) of this clause and the 

Inspection of Supplies—Fixed Price 

clause of this contract. The Contractor 

shall be responsible for compliance by 

any subcontractor with the provisions 

set forth in paragraphs (a) through (d) of 

this clause and the Inspection of 

Supplies—Fixed Price clause. 

(End of clause) 

*Normally insert 12 months as the period 

during which defective or otherwise 

nonconforming supplies must be replaced. 

However, when the supplies being bought 

have a shelf life of less than 1 year, you 

should use the shelf-life period, or in the 

instance where you reasonably expect a 

longer period to be available, you should use 

the longer period. 

**The rates to be inserted are established 

by the Commissioner of the Federal 

Acquisition Service or a designee. 

552.246–71 [Amended] 

■ 10. Amend section 552.246–71 by— 

■ a. Revising the date of the clause (June 

1, 2009); 

■ b. Removing from paragraph (c)(3) the 

words ‘‘the Virgin Islands’’ and adding 

the words ‘‘the U.S. Virgin Islands’’ in 

its place; and 

■ c. Removing from the undesignated 

paragraph after ‘‘(End of clause)’’ the 

words ‘‘Federal Supply Service’’ and 

adding the words ‘‘Federal Acquisition 

Service’’ in its place. 

552.246–73 [Removed] 

■ 11. Remove section 552.246–73. 

552.246–74 [Removed] 

■ 12. Remove section 552.246–74. 

552.246–75 [Removed] 

■ 13. Remove section 552.246–75. 

552.246–76 [Removed] 

■ 14. Remove section 552.246–76. 

■ 15. Add section 552.246–77 to read as 

follows: 

552.246–77 Additional Contract Warranty 

Provisions for Supplies of a Noncomplex 

Nature. 

As prescribed in 546.710(a), insert the 

following clause in solicitations and 

contracts that include FAR 52.246–17, 

Warranty of Supplies of a Noncomplex 

Nature. 

ADDITIONAL CONTRACT 

WARRANTY PROVISIONS FOR 

SUPPLIES OF A NONCOMPLEX 

NATURE (JUL 09) 

(a) Definitions. Correction, as used in 

this clause, means the elimination of a 

defect. 

(b) Contractor’s obligations. When 

return, correction, or replacement is 

required, the Contractor shall be 

responsible for all costs attendant to the 

return, correction, or replacement of the 

nonconforming supplies. Any removal 

in connection with the above shall be 

done by the Contractor at its expense. 

(c) Remedies available to the 

Government. When the nature of the 

defect in the nonconforming item is 

such that the defect affects an entire 

batch or lot of material, then the 

equitable price adjustment shall apply 

to the entire batch or lot of material 

from which the nonconforming item 

was taken. 

(End of clause) 

■ 16. Add section 552.246–78 to read as 

follows: 

552.246–78 Inspection at Destination. 

As prescribed in 546.302–72 insert 

the following clause: 

INSPECTION AT DESTINATION (JUL 

09) 

Inspection of all purchases under this 

contract will be made at destination by 

an authorized Government 

representative. 

(End of clause) 

[FR Doc. E9–12587 Filed 5–29–09; 8:45 am] 

BILLING CODE 6820–61–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 080728943–9716–02] 

RIN 0648–AX12 

Atlantic Highly Migratory Species; 

2009 Atlantic Bluefin Tuna Quota 

Specifications and Effort Controls 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS announces the final 

rule to establish 2009 fishing year 

specifications for the Atlantic bluefin 

tuna (BFT) fishery, including quotas for 

each of the established domestic fishing 

categories and effort controls for the 

General category and Angling category. 

This action is necessary to implement 

recommendations of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT), as required by