Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Rules and Regulations 54915 

0.361, and 1.3 of the Commission’s 

rules, 47 CFR 0.141, 0.361, and 1.3, 

document DA 08–2808 is adopted. 

13. For VRS, the waivers of the oneline VCO, VCO-to-TTY, and VCO-toVCO; one-line HCO, HCO-to-TTY, and 

HCO-to-HCO; call release; pay-per-call 

(900) calls, types of calls, and equal 

access to interexchange carrier 

requirements are hereby extended for 

one year, until January 1, 2010, 

conditioned on the filing of a report, 

due April 16, 2009, addressing whether 

it is necessary for the waivers to remain 

in effect. 

14. For IP Relay, the waivers of the 

one-line VCO, VCO-to-TTY, and VCOto-VCO; one-line HCO, HCO-to-TTY, 

and HCO-to-HCO; call release; pay-percall (900) calls; and STS requirements 

are hereby extended for one year until 

January 1, 2010, conditioned on the 

filing of a report, due April 16, 2009, 

addressing whether it is necessary for 

the waivers to remain in effect. The 

waiver of the speed dialing requirement 

for IP Relay is extended until May 1, 

2009. 

15. AT&T’s Request for Extension of 

Waiver is granted. 

Federal Communications Commission. 

Mark Stone, 

Deputy Chief, Consumer and Governmental 

Affairs Bureau. 

[FR Doc. E9–25690 Filed 10–23–09; 8:45 am] 

BILLING CODE 6712–01–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 532 and 552 

[GSAR Amendment 2009–13; GSAR Case 

2006–G515 (Change 41) Docket 2008–0007; 

Sequence 8] 

RIN 3090–AI75 

General Services Administration 

Acquisition Regulation; GSAR Case 

2006–G515; Rewrite of GSAR Part 532, 

Contract Financing 

AGENCIES: General Services 

Administration (GSA), Office of 

Acquisition Policy. 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

General Services Administration 

Acquisition Regulation (GSAR) to 

update Part 532, Contract Financing, of 

the regulation. This project is part of the 

GSAM rewrite Project, in which all 

parts of the regulation are being 

reviewed and updated to include new 

statutes, legislation, and policies. 

DATES: Effective Date: November 25, 

2009. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Edward 

Chambers, Procurement Analyst, at 

(202) 501–3221. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat (VPR), Room 4041, 1800 F 

Street, NW., Washington, DC 20405, 

(202) 501–4755. Please cite Amendment 

2009–13, GSAR case 2006–G515 

(Change 41). 

SUPPLEMENTARY INFORMATION: 

A. Background 

The GSA is amending the GSA 

Acquisition Regulation (GSAR) to 

update the text addressing contract 

financing. This rule is a result of the 

GSA Acquisition Manual (GSAM) 

rewrite initiative undertaken by GSA to 

revise the GSAM to maintain 

consistency with the Federal 

Acquisition Regulation (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 GSAR as 

well as internal agency acquisition 

policy. 

The 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 532, Contract Financing. A 

proposed rule was published in the 

Federal Register at 73 FR 58515 on 

October 7, 2008. Three comment letters, 

with 23 comments, were received in 

response to the proposed rule. 

Many of the comments apply solely to 

construction and architect-engineer 

contracts. Two of these comments were 

referred to the GSAM Part 536 team for 

consideration in the rewrite of that part. 

These dealt with the Public Building 

Service’s unique requirement for 

progress payment meetings and the 

need to have contractor involvement in 

such meetings. These comments will be 

addressed in the final rule for GSAM 

Part 536, Construction and ArchitectEngineer Contracts. The responses to the 

balance of the construction-related 

comments were coordinated with the 

GSAM Part 536 team. 

Comment: The commenter believes 

that GSA Form 1142, Release of Claims, 

is an unauthorized form. Commenter 

notes that there is no Office of 

Management and Budget (OMB) control 

number and no indication that a 

Regulatory Flexibility Act analysis was 

ever performed. Commenter also notes 

that the form fails to advise contractors 

that, by signing the form, they forfeit 

certain rights. 

Response: Currently, use of this form 

is prescribed at GSAR 532.904(a). The 

commenter is correct that there is no 

OMB control number on the GSA Form 

1142, and GSAM Part 532 drafters 

cannot find any record of a Regulatory 

Flexibility Act analysis ever having 

been performed for this pre-GSAM 

Rewrite requirement. Further, the form 

has not been revised since December 

1974. The material on the ‘‘form’’ is 

minimal, and neither the FAR nor the 

GSAM require specific wording for the 

contractor’s release of claims. Therefore, 

the GSA Form 1142 will be cancelled, 

and GSAR 532.904(a) of the proposed 

rule is deleted. 

Comment: Given that the requirement 

for a release of claims stems from FAR 

52.232–26 and 52.232–27, commenter 

believes it would be more appropriate 

for the FAR Council to develop a 

standard form to be used by all agencies 

in accordance with FAR 1.304(c), 

because it is not just pertinent to GSA. 

Response: This comment pertains to 

whether the GSA Form 1142 should be 

retained or a Standard Form should be 

designed as a FAR Part 32 change. 

Given that neither FAR clause 

designates specific wording for the 

contractor’s release of claims, it does not 

appear to be an appropriate candidate 

for a standard form. 

Comment: Commenter believes that 

the FAR Council should consider 

allowing contractors to submit the 

release jointly along with the electronic 

submission of a final invoice request. 

Response: This is outside the scope of 

the GSAM Rewrite. 

Comment: Commenter believes that, 

under GSAR 532.904, contracting 

officers’ repeated attempts to obtain 

release of claims from contractors could 

be considered coercion penalizing 

contractors by withholding funds. 

Commenter thinks that GSAM should 

justify the reasonableness of 

withholding final payments. 

Response: Because the GSA Form 

1142 has been cancelled, the balance of 

GSAR 532.904(a) should also be deleted. 

Further, obtaining a release of claims is 

a FAR requirement, not a GSA 

requirement. 

Comment: Commenter believes that 

the GSAM should provide guidance for 

contracting officers to initiate an action 

for architect-engineer (A–E) design 

services in advance of approved 

appropriations. Many find nothing in 

the FAR that precludes contracting 

officers from selecting an A–E using 

Brooks Act procedures through the 

solicitation and negotiation phase up to 


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54916 Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Rules and Regulations 

award when the appropriations request 

is included in the President’s Budget. 

Response: There is currently 

appropriate guidance on contracting in 

advance of funds in FAR Subpart 32.7 

and GSAM Subpart 532.7. There is no 

reason to treat A–E design services 

differently. 

Comment: Commenter states that 

contractors experience numerous 

problems attempting to submit invoices 

electronically to GSA for payment. 

Frequently, commenter claims, GSA has 

failed to enter obligations into Pegasys 

which, in turn, prohibits contractors 

from being able to submit a pay request 

and establish a receipt date for purposes 

of computing interest, which appears to 

be in direct violation of FAR 32.907(f). 

Response: This comment is outside 

the scope of the GSAM Rewrite. The 

commenter appears to have issues with 

Pegasys, which is a financial system, not 

a contracting system. 

Comment: Commenter recommends 

that GSA include in its invoicing system 

a citation to FAR 32.909(b) that suggests 

that contractors contact GSA small 

business specialist or representative 

from the Office of Small and 

Disadvantaged Business Utilization to 

obtain additional assistance related to 

payment issues, late payment interest 

penalties, and information on the 

Prompt Payment Act. 

Response: FAR 1.304(b) states that 

‘‘(a)gency acquisition regulations shall 

not * * * (u)nnecessarily repeat, 

paraphrase, or otherwise restate material 

contained in the FAR or higher-level 

agency acquisition regulations.’’ 

Therefore, the commenter’s 

recommendation is not accepted. 

Comment: Commenter suggests that, 

to eliminate confusion and ensure 

consistency, all GSA contractors should 

be permitted to submit invoices 

electronically, including those for 

construction contracts awarded on an 

SF 1442. Invoices for construction 

contracts awarded on a GSA Form 300 

as a task order against an indefinite 

delivery/indefinite quantity contract are 

permitted to be submitted 

electronically. All construction 

payments are 14-day pay. 

Response: The GSA Form 300 was 

cancelled in connection with the rewrite 

of GSAR Part 513. Therefore, using the 

cancelled form as a reason to revise the 

invoicing rules for contracts awarded 

using another form is moot. Further, 

authority to submit invoices 

electronically is provided by Office of 

the Chief Financial Officer, not the 

GSAM. 

Comment: Commenter states that, per 

FAR 32.103, retainage should not be 

used as a substitute for good contract 

management, and the contracting officer 

should not withhold funds without 

cause. 

Response: We agree with the 

commenter but do not propose to revise 

the GSAM as a result. 

Comment: Commenter addresses GSA 

Form 2419 using the same rationale as 

commenter used for the GSA Form 

1142. Just like the Release of Claims 

form, commenter says, it would seem 

more appropriate for the FAR Council to 

develop a standard form to be used by 

all agencies in accordance with FAR 

1.304(c) in lieu of GSA’s Certification of 

Progress Payment, Form 2419, since the 

requirement is set forth for all 

construction contracts under FAR 

32.904. 

Response: While we agree with the 

commenter that it would make sense for 

the FAR to prescribe a standard form in 

lieu of the GSA Form 2419, Certification 

of Progress Payments Under Fixed-Price 

Construction Contracts, the FAR does 

not currently do so. The GSA form will 

be retained unless or until a standard 

form is prescribed in the FAR. 

The commenter likens the GSA Form 

2419 to the GSA Form 1142, but the two 

forms are different in two very 

important ways. First, the clause at FAR 

52.232–5, Payments Under Fixed-Price 

Construction Contracts, provides exact 

language that must be used in the 

certification. Second, the GSA Form 

2419 does have an OMB clearance and 

has been through the Paperwork 

Reduction Act and Regulatory 

Flexibility Act review process. 

Comment: The proposed rule, at 

GSAR 532.905(a), required contractors 

to submit invoices or vouchers 

concurrently to the Office of the Chief 

Financial Officer and the contracting 

officer for approval. The GSA’s Office of 

General Counsel questioned the 

requirement for contractors to submit 

more than one copy to the Government, 

given that the contracting officer is 

considered to be the ‘‘one-face’’ to the 

public. The Office of General Counsel 

recommended that any internal 

distribution of contractors’ invoices or 

vouchers should be an internal 

procedural matter. 

Response: Agree. The GSAR at 

532.905(a) has been revised. 

Comment: Commenter recommends 

that any rejection of invoices should 

‘‘cite the specific section of FAR 

32.905(b)(1) that is in non-compliance’’ 

and also advise contractors of their 

rights under the disputes clause. 

Response: FAR 32.905(b)(3) currently 

requires the designated billing office, if 

the invoice does not comply with the 

requirements of FAR 32.905(b)(1), to 

return it ‘‘with the reasons why it is not 

a proper invoice.’’ Given that FAR 

1.304(b) prohibits agency acquisition 

regulations from unnecessarily 

repeating the FAR, there will not be a 

change made to the GSAM as a result of 

this comment. 

Comment: Commenter states that GSA 

has collected electronic funds transfer 

information from contractors using a 

form that has not been approved by 

OMB for this information collection. 

Further, there is no indication that GSA 

is ensuring the financial information 

collected is protected as privileged and 

confidential in accordance with FAR 

32.1104. 

Response: The form described is not 

prescribed by GSAM. This comment is 

outside the scope of the GSAM Rewrite. 

Commenter should direct her concerns 

to the GSA Office of the Chief Financial 

Officer. 

Comment: Commenter recommends 

that the reference to FAR 52.232– 

25(a)(6)(i), at GSAR 532.905(a)(1), 

should be corrected to 52.232– 

25(a)(5)(i). 

Response: Agree. 

Comment: Commenter refers to GSAR 

532.905(a)(3), stating that FAR 52.232– 

26(a)(4)(i)(B) does not give the option of 

entering an alternative to the 7-day 

constructive approval for prompt 

payment. Further, the instructions for 

the FAR clause state ‘‘insert the clause’’, 

not ‘‘insert a clause substantially the 

same as.’’ 

Response: Agree. The authority at 

532.905(a)(3) to select longer periods of 

time is deleted. 

Comment: Commenter refers to 

532.905(b)(1), stating that FAR 52.232– 

27(a)(1)(i)(A) does not give the option of 

entering an alternative to the 14-day 

period for payment. Further, the 

instructions for the FAR clause state 

‘‘insert the clause,’’ not ‘‘insert a clause 

substantially the same as.’’ 

Response: Agree. The authority at 

532.905(b)(1) to select longer periods is 

deleted. 

Comment: GSAR 532.905(b)(2) and 

FAR 52.232–27(a)(4)(i) does not give the 

option of entering an alternative to the 

7-day period for constructive approval 

for prompt payment. Further, the 

instructions state ‘‘insert the clause’’, 

not ‘‘insert a clause substantially the 

same as.’’ 

Response: Agree. The authority at 

GSAR 532.905(b)(2) to select longer 

periods is deleted. 

Comment: With regard to the clause at 

GSAR 552.232–1, commenter notes that, 

while this deviation is included in 

GSAR Part 552, there is no 

corresponding mention of it in the 

clause section of Part GSAR 532. The 


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Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Rules and Regulations 54917 

clause prescription should be added to 

Part 532. 

Response: Agree. A new GSAR 

532.905(a) will be added as follows: 

‘‘GSA has a FAR deviation that allows 

this agency to use the clause at 552.232– 

1, Payments, in lieu of the clause at FAR 

52.232–1, Payments.’’ 

Comment: For the preface to the 

clause at GSAR 552.232–73, the clause 

prescription should be revised from 

GSAR 532.705–1 to 532.705–1(b). 

Response: Not applicable. The clause 

at GSAR 552.232–73 has been deleted 

on the recommendation of GSA’s Office 

of General Counsel. 

Comment: With regard to the new 

clause GSAR 552.232–7007, Limitation 

of Government’s Obligation, commenter 

strongly believes that authorizing 

incremental funding of fixed-price, 

time-and-materials, and labor-hour 

contracts is ill advised. Commenter 

believes that limiting the Government’s 

obligation to pay (i.e., conditioning the 

payment requirement on the availability 

of funds) is antithetical to the notion of 

fixed-price contracts. It would also 

transfer from the Government to the 

contractor the burden of tracking the 

costs of contract performance. 

Response: Agree. We could not find 

any agency FAR supplement that 

authorizes use of incremental funding 

on time-and-materials or labor-hour 

contracts. We note that DoD carefully 

circumscribes the use of incremental 

funding on fixed-price contracts. 

Effectively, the same limits already had 

been provided for GSA under 

Acquisition Letter V–07–04, dated June 

12, 2007. The proposed clause at GSAR 

552.232–7007, Limitation of 

Government’s Obligation, and its 

prescription at 532.705–1(c), have been 

deleted from the final rule. 

Comment: If GSAR 552.232–7007 is 

retained, commercial-item contracts 

should be exempted from its use. 

Response: We agree that commercialitem contractors do not have the 

accounting systems needed to track the 

Government’s funds expenditures and 

should not be required to take on this 

risk. Although DoD authorizes the use of 

incremental funding on fixed-price 

contracts, as the commenter points out, 

DoD does not award many contracts 

under FAR Part 12 and therefore does 

not have any need to address this 

circumstance. The proposed clause at 

GSAR 552.232–7007 has been deleted 

from the final rule. 

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 this rule does not add any new 

contract clauses and, in fact, simplifies 

agency contract financing rules by 

eliminating 12 contract clauses from the 

current GSAR Part 532. For these 

reasons, it is expected that the number 

of entities impacted by this rule will be 

minimal. Therefore, a Regulatory 

Flexibility Analysis was not performed. 

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 532 and 

552 

Government procurement. 

Dated: October 20, 2009. 

David A. Drabkin, 

Senior Procurement Executive, Office of 

Acquisition Policy, General Services 

Administration. 

■ Therefore, GSA amends 48 CFR parts 

532 and 552 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 532 and 552 continues to read as 

follows: 

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

PART 532—CONTRACT FINANCING 

■ 2. Revise section 532.111 to read as 

follows: 

532.111 Contract clauses for noncommercial purchases. 

For contracts that include the clause 

at FAR 52.232–5, Payments Under 

Fixed-Price Construction Contracts, the 

contracting officer shall provide the 

contractor with GSA Form 2419, 

Certification of Progress Payments 

Under Fixed-Price Construction 

Contracts, to be used to make the 

certification required by FAR 52.232– 

5(c). 

Subpart 532.2 [Removed] 

■ 3. Remove Subpart 532.2. 

Subpart 532.7 [Removed] 

■ 4. Remove Subpart 532.7. 

532.902 [Removed] 

■ 5. Remove section 532.902. 

■ 6. Add section 532.904 to read as 

follows: 

532.904 Determining payment due dates. 

Payment due dates for construction 

contracts are addressed at FAR 

32.904(d). The following procedures 

apply to construction and building 

service contracts: 

(a) The amount of final payment must 

include, as appropriate, deductions to 

cover any of the following: 

(1) Liquidated damages for late 

completion. 

(2) Liquidated damages for labor 

violations. 

(3) Amounts withheld for improper 

payment of labor wages. 

(4) The amount of unilateral change 

orders covering defects and omissions. 

(5) The agreed-upon dollar amount in 

a Deficiency Report, which is included 

in all applicable Operation and 

Maintenance (O&M) service contracts. 

(b) When the contract is for the 

performance of building services, the 

contracting officer shall include the 

clause at 552.232–72, Final Payment 

Under Building Services Contracts. 

■ 7. Revise section 532.905 to read as 

follows: 

532.905 Payment documentation and 

process. 

For contracts of the type shown in 

532.7201(a)(1) through (4): 

(a) Contractors are to submit invoices 

or vouchers to the contracting officer for 

approval. Invoices must be annotated 

with the date of receipt, as required by 

FAR 32.905. That date will be used to 

determine interest penalties for late 

payments. The contracting officer or 

designee must review the processing of 

invoices or vouchers before payment to 

determine if the items and amounts 

claimed are consistent with the contract 

terms and represent prudent business 

transactions. The contracting officer 

must ensure that these payments are 

commensurate with physical and 

technical progress under the contract. If 

the contractor has not deducted 

questionable amounts from the invoice 

or amounts required to be withheld, the 

contracting officer must make the 

required deduction, except as provided 

in 532.7203. Subject to 532.7201, the 

contracting officer must note approval 

of any payment on (or attached to) the 

invoice or voucher submitted by the 

contractor and forward the invoice or 

voucher to the appropriate contract 


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54918 Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Rules and Regulations 

finance office for retention after 

certification and scheduling for 

payment by a disbursing office. 

(b) See GSAM 532.7203 for the 

handling of audit findings. 

532.905–70 [Removed] 

■ 8. Remove section 532.905–70. 

532.905–71 [Removed] 

■ 9. Remove section 532.905–71. 

■ 10. Revise section 532.908 to read as 

follows: 

532.908 Contract clauses. 

(a) GSA has a FAR deviation that 

allows this agency to use the clause at 

552.232–1, Payments, in lieu of the 

clause at FAR 52.232–1, Payments. 

(b) General. Before exercising the 

authority to modify the date for 

constructive acceptance or constructive 

approval of progress payments in 

paragraph (a)(5)(i) of the clause at FAR 

52.232–25, Prompt Payment, the 

contracting officer must prepare a 

written justification explaining why a 

longer period is necessary. An official 

one level above the contracting officer 

must approve the justification. The time 

needed should be determined on a caseby-case basis, but the specified 

constructive acceptance period shall not 

exceed 30 days. 

(c) Stock, Special Order, and 

Schedules Programs. (1) GSA has 

obtained a FAR Deviation to authorize 

payment within 10 days of receipt of a 

proper invoice. The authority applies 

only to: 

(i) Orders placed by GSA under the 

referenced programs; 

(ii) That include FAR 52.232–33, 

Mandatory Information for Electronic 

Funds Transfer Payment; and 

(iii) For which the order is placed, 

and the contractor submits invoices, 

using EDI in accordance with the 

Trading Partner Agreement. 

(2) If the contract is for commercial 

items and will include FAR 52.212–4, 

use the clause with its Alternate II. If the 

contract is not for commercial items, use 

the clause at 552.232–25, Prompt 

Payment, instead of FAR 52.232–25. 

■ 11. Revise the heading in Subpart 

532.70 to read as follows: 

Subpart 532.70—Authorizing Payment 

by Government Charge Card 

532.7001 [Removed] 

■ 12. Remove section 532.7001. 

■ 13. Revise section 532.7003 to read as 

follows: 

532.7003 Contract clause. 

For indefinite-delivery, indefinitequantity (IDIQ) contracts other than 

Schedules, insert the clause at 552.232– 

77, Payment By Government Charge 

Card, if the contract will provide for 

payment by Government charge card as 

an alternative method of payment for 

orders. For Schedule contracts that 

provide for payment using the 

Government charge card, use the 

clause(s) prescribed at Part 538. 

Subpart 532.71 [Removed] 

■ 14. Remove subpart 532.71. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 15. Add section 552.212–4 to read as 

follows: 

552.212–4 Contract Terms and 

Conditions—Commercial Items. 

Alternate II (FAR Deviation) NOV 2009. 

When a commercial item contract is 

contemplated and the contract will include 

the clause at FAR 52.212–4, insert this 

Alternate II instead of subparagraph (g)(2) of 

the FAR clause. 

(g)(2) The due date for making invoice 

payments by the designated payment office is 

the later of the following two events: 

(i) The 10th day after the designated billing 

office receives a proper invoice from the 

Contractor. If the designated billing office 

fails to annotate the invoice with the date of 

receipt at the time of receipt, the invoice 

payment due date shall be the 10th day after 

the date of the Contractor’s invoice; provided 

the Contractor submitted a proper invoice 

and no disagreement exists over quantity, 

quality, or Contractor compliance with 

contract requirements. 

(ii) The 10th day after Government 

acceptance of supplies delivered or services 

performed by the Contractor. 

■ 16. Amend section 552.232–1 by 

revising the date of the clause and 

paragraph (c) to read as follows: 

552.232–1 Payments. 

* * * * * 

Payments (NOV 2009) (Deviation FAR 52.232– 

1) 

* * * * * 

(c) When processing payment, GSA’s 

Finance Office will automatically generate 

the 12 digit invoice number using the PDN 

assigned to the contract, followed by an 

abbreviated month and year of service (e.g., 

84261554JUN7, for June 2007). The PDN 

appears on the contract award document. 

552.232–8 [Removed] 

■ 17. Remove section 552.232–8. 

552.232–25 [Amended] 

■ 18. Amend section 552.232–25 by— 

■ a. Removing from the introductory 

paragraph ‘‘532.908(a)(2)’’ and adding 

‘‘532.908(c)(2)’’ in its place; 

■ b. Removing from the clause heading 

‘‘(Jul 1998)’’ and adding (NOV 2009) in 

its place; and 

■ c. Removing from paragraph (a)(1)(i) 

‘‘Federal Supply Service (FSS)’’ and 

adding ‘‘Federal Acquisition Service 

(FAS)’’ in its place. 

552.232–70 [Removed] 

■ 19. Remove section 552.232–70. 

552.232–71 [Removed] 

■ 20. Remove section 552.232–71. 

■ 21. Amend section 552.232–72 by 

revising the section heading, the 

introductory paragraph, and the clause 

heading to read as follows: 

552.232–72 Final Payment Under Building 

Services Contracts. 

As prescribed in 532.904(c), insert the 

following clause: 

Final Payment Under Building Services 

Contracts (NOV 2009) 

* * * * * 

552.232–73 [Removed] 

■ 22. Remove section 552.232–73. 

552.232–74 [Removed] 

■ 23. Remove section 552.232–74. 

552.232–75 [Removed] 

■ 24. Remove section 552.232–75. 

552.232–76 [Removed] 

■ 25. Remove section 552.232–76. 

■ 26. Amend section 552.232–77 by 

revising the section heading, adding an 

introductory paragraph, and revising the 

clause heading, and paragraphs (a) and 

(c); and removing Alternate I. 

The revised text reads as follows: 

552.232–77 Payment By Government 

Charge Card. 

Payment By Government Charge Card 

(NOV 2009) 

As prescribed in 532.7003, insert the 

following clause: 

(a) Definitions. ‘‘Governmentwide 

commercial purchase card’’ means a 

uniquely numbered charge card issued by a 

contractor under the GSA SmartPay® 

program contract for Fleet, Travel, and 

Purchase Card Services to named individual 

Government employees or entities to pay for 

official Government purchases. 

* * * * * 

(c) The Contractor shall not process a 

transaction for payment using the charge card 

until the purchased supplies have been 

shipped or services performed. Unless the 

cardholder requests correction or 

replacement of a defective or faulty item 


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Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Rules and Regulations 54919 

under other contract requirements, the 

Contractor must immediately credit a 

cardholder’s account for items returned as 

defective or faulty. 

* * * * * 

552.232–78 [Removed] 

■ 27. Remove section 552.232–78. 

552.232–79 [Removed] 

■ 28. Remove section 552.232–79. 

552.232–81 [Removed] 

■ 29. Remove section 552.232–81. 

552.232–82 [Removed] 

■ 30. Remove section 552.232–82. 

552.232–83 [Removed] 

■ 31. Remove section 552.232–83. 

[FR Doc. E9–25606 Filed 10–23–09; 8:45 am] 

BILLING CODE 6820–61–P 


erowe on DSK5CLS3C1PROD with RULES