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PART 548-VALUE ENGINEERING

(RESERVED)

(3) The transportation cost estimate is under $100 (see FAR 42.1403–2).

(c) The signature of the carrier's agent and the annotation at FAR 52.247–1 must be shown on the original and all copies of the CBL. The original of the CBL must be mailed to the office, which authorized the CBL.

PART 549-TERMINATION OF

CONTRACTS

Soc.

Subpart 549.1-General Principles 549.111 Review of proposed settlements.

Subpart 549.4-Termination for Default

549.402–6 Repurchase against contractor's

account. 549.402–7 Other damages.

Subpart 549.5-Contract Termination

Clauses

347.304-5 Exceptions.

(a) Unless the contracting officer can justify more restrictive delivery terms and documents the contract file accordingly, solicitations including delivery to Alaska, Hawaii, or Puerto Rico must specify that offers:

(1) May be f.o.b origin; f.o.b. vessel, part of shipment; f.o.b. destination; or any combination of these delivery terms (other delivery terms may be provided for, if appropriate); and

(2) Will be evaluated on the basis of the lowest overall cost to the Government delivered to the ultimate destination.

(b) Federal Supply Schedules should attempt to obtain a f.o.b. destination delivery term for Alaska, Hawaii, and Puerto Rico, if such delivery term is offered for shipments within CONUS.

549.502 Termination for convenience of the

Government. 549.570 Submission of termination liability

schedule. AUTHORITY: 40 U.S.C. 486(c).

SOURCE: 54 FR 26557, June 23, 1989, unless otherwise noted.

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Subpart 549.1-General Principles 549.111 Review of proposed settle

ments. (a) Proposed termination settlements between $25,000 and $100,000, must be reviewed and approved by the contracting director.

(b) Proposed termination settlements over $100,000, must be reviewed and approved by the head of the contracting activity (HCA).

(c) The HCA may require review and approval of proposed termination settlements less than $25,000 at least one supervisory level above the contracting officer.

547.370 Restrictions on transportation

to military installations. Solicitations and contracts specifying direct delivery to military installations must specify applicable delivery restrictions.

Subpart 549.4-Termination for

Default

549.402–6 Repurchase against contrac

tor's account. (a) After termination but before repurchase, the contracting officer shall revalidate the need for the supplies or services and document the file.

(b) Repurchase against a contractor's account must be based on the original contract terms, conditions, and specification. If acceptable offers cannot be obtained on this basis, similar supplies or services may be bought to substantially satisfy the original requirement. Advice of counsel must be obtained before issuing a solicitation for similar supplies or services.

(c) To protect the Government's rights to recover reprocurement costs, the contracting officer must document the file to explain the circumstances of any delay in the reprocurement. (54 FR 26557, June 23, 1989, as amended at 56 FR 33722, July 23, 1991)

ing requisitions, and other appropriate evidence of expenditures.

(c) After deciding that the assessment of administrative costs is appropriate, the contracting officer shall make a written demand on the contractor. The basis of calculating the costs being assessed must be furnished to the contractor. A single demand letter may be used to recover excess costs and administrative costs. (54 FR 26557, June 23, 1989, as amended at 56 FR 33722, July 23, 1991)

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549.402–7 Other damages.

(a) Under the default clause, in addition to assessing reprocurement costs, the contracting officer may assess other damages, including administrative costs (e.g., salaries and fringe benefits paid to Government employees who perform work as a result of the default, preaward survey expense incurred in qualifying reprocurement contractors, and costs incurred in printing and distributing the reprocurement solicitation), if in the best interest of the Government.

(b) Documents supporting an assessment of administrative costs must be detailed and must demonstrate that the added costs incurred by the Government were a direct result of the default.

(1) To support administrative labor costs, the contracting officer must record:

(i) Name, position, and organization of each employee performing work activities as a consequence of the default.

(ii) Date(s) of work and time(s) spent by each employee on the repurchase.

(iii) Description of specific tasks performed (i.e., solicitation preparation, clerical).

(iv) Hourly rate of pay (straight time or overtime).

(v) Applicable fringe benefits.

(vi) Explanation of how the time spent by the employees during the reprocurement would have been used on other projects but for the default.

(2) To support other incurred administrative costs (i.e., travel, per diem, printing and distribution of the repurchase contract), documents may include travel vouchers, invoices, print

549.570 Submission of termination li

ability schedule. The contracting officer shall insert the clause at 552.249–71, Submission of Termination Liability Schedule, in all solicitations for the acquisition and maintenance of telephone systems to be funded through the Information Technology Fund (IT). This provision is to be used when the clause at 552.249 70 is used.

PART 550-EXTRAORDINARY CONTRACTUAL ACTIONS

550.001 Definitions.

Approving authority, as used in FAR Part 50, means the Administrator of General Services Administration. (40 U.S.C. 486(c)) (54 FR 26557, June 23, 1989]

PART 551-USE OF GOVERNMENT

SOURCES BY CONTRACTORS, (RESERVED)

SUBCHAPTER H-CLAUSES AND FORMS

PART 552-SOLICITATION PROVI

SIONS AND CONTRACT CLAUSES

Sec. 552.000 Scope of part.

Subpart 552.1-Instructions for Using

Provisions and Clauses

552.101 Using Part 552. 552.102 Incorporating provisions and

clauses. 552.102–1 Incorporation by reference. 552.103 Identification of provisions and

clauses. 552.105 Procedures for using alternate. 552.107 Provisions and clauses prescribed in

Subpart 552.1.

Subpart 552.2-Text of Provisions and

Clauses

552.200 Scope of subpart. 552.203 4 Contingent fee representation and

agreement. 552.203–5 Convenant against contingent fees. 552.203–70 Restriction on advertising. 552.203–71 Prohibited conduct. 552.203-72 Requirement for Certificate of

Procurement Integrity. 552.203–73 Price adjustment for illegal or

improper activity. 552.207–70 Report of employment under com

mercial activities. 552.209-73 Product removal from qualified

products list. 552.209–74 Waiver of first article testing and

approval requirement. 552.209-75 Supplemental requirements for

first article approval-contractor testing. 552.209-76 Supplemental requirements for

first article approval-government test

ing. 552.210-70 Standard references. 552.210-71 Reference to specifications in

drawings. 552.210-72 Acceptable age of supplies. 552.210-73 Age on delivery. 552.210-74 Brand name or equal. 552.210-75 Marking. 552.210-76 Charges for marking. 552.210-77 Preservation, packaging and

packing. 552.210-78 Charges for packaging and pack

ing. 552.210–79 Packing list. 552.211-70 Commercial item certification. 552.212-1 Time of delivery. 552.212-70 Time of shipment. 552.212–71 Notice of shipment. 552.212–72 Availability for inspection, test

ing, and shipment/delivery.

Sec. 552.212–74 Non-compliance with contract reSec. 552.232–77 Availability of funds. 552.232–78 Adjusting payments. 552.232–79 Final payment. 552.232–80 Payment by credit card. 552.233–70 Disputes (utility contract). 552.236-70 Definitions. 552.236-71 Authorities and limitations. 552.236-72 Specialist. 552.236-73 Basis of award-construction con

quirements. 552.214-16 Minimum bid acceptance period. 552.214-73 “All or none" offers. 552.214-74 Solicitation copies. 552.214-75 Progressive awards and monthly

quantity allocations. 552.214-76 Bid sample requirements. 552.215-70 Examination of records by GSA. 552.216-71 Economic price adjustment-FSS

multiple award schedule contracts. 552.216-72 Economic price adjustment

stock and special order program con

tracts. 552.216-73 Placement of orders. 552.217–70 Evaluation of options. 552.217–71 Notice Regarding Option(s). 552.219-1 Small business concern representa

tion. 552.219-71 Allocation of orderspartially

set-aside items. 552.219–72 Notice to offerors of subcontract

ing plan requirements. 552.219–73 Preparation and submission of

subcontracting plans. 552.222-82 Preface for labor standardsstate

or political subdivision contracts. 552.223-70 Hazardous substances. 552.223-71 Hazardous material information. 552.223–72 Nonconforming hazardous mate

rials. 552.2258 Trade Agreements Act Certificate. 552.225-9 Trade Agreements Act. 552.225–70 Buy American Act-hand or

measuring tools or stainless steel flat

ware. 552.225–71 Notice of procurement restric

tion-hand or measuring tools or stain

less steel flatware. 552.225–72 Eligible products from

nondesignated countries waiver. 552.225–75 Buy American Act notice-con

struction materials. 552.227–70 Government rights (unlimited). 552.227–71 Drawings and other data to be

come property of Government. 552.228–70 Bid guarantee and bonds. 552.228–71 Bid guarantee. 552.228–72 Performance bond. 552.228–73 Performance and payment bonds. 552.228–75 Workmen's compensation laws. 552.229-70 Federal, state, and local taxes. 552.229-72 Federal excise tax-DC govern

ment. 552.2328 Discounts for prompt payment. 552.232-23 Assignment of claims. 552.232–70 Payments by electronic funds

transfer. 552.232–71 Prompt payment. 552.232–72 Invoice requirements. 552.232–73 Electronic funds transfer pay

ment.

tract. 552.236–74 Working hours. 552.236_75 Use of premises. 552.236-76 Measurements. 552.236-77 Specifications and drawings. 552.236-78 Shop drawings, coordination

drawings, and schedules. 552.236-79 Samples. 552.236 80 Heat. 552.236-81 Use of equipment by the Govern

ment. 552.236 82 Subcontracts. 552.236 83 Furnishing information and

records. 552.237–70 Qualifications of offerors. 552.237–71 Qualifications of employees. 552.237–72 Certification regarding “quasi

military armed force." 552.238–70 Identification of electronic office

equipment providing accessibility for the

handicapped. 552.238–72 Contractor's report of orders re

ceived. 552.242–70 Status report of orders and ship

ments. 552.243–70 Pricing of adjustments. 552.243–71 Equitable adjustments. 552.246-17 Warranty of supplies of

noncomplex nature. 552.246-70 Source inspection by quality ap

proved manufacturer. 552.246_71 Final inspection and tests. 552.246–72 Source inspection by Govern

ment. 552.246–73 Warranty-multiple award sched

ule. 552.246–74 Warranty-international multiple

award schedule. 552.246_75 Guarantees. 552.246–76 Warranty of pesticides. 552.247–70 Placarding railcar shipments. 552.249-70 Termination for convenience of

the Government (fixed price) (short

form). 552.249_71 Submission of termination liabil

ity schedule. 552.252–5 Authorized deviations or vari

ations in provisions. 552.252-6 Authorized deviations or vari

ations in clauses. 552.253–70 Forms containing solicitation

provisions and/or contract clauses incor

porated by reference. 552.270-1 Preparation of offers. 552.270-2 Explanation to prospective

offerors.

Sec. 552.270-3 Late submissions, modifications,

and withdrawals of offers. 552.270-4 Historic preference. 552.270-5 Lease award. 552.270-6 Parties to execute lease. 552.270-10 Definitions. 552.270–11 Subletting and assignment. 552.270-12 Maintenance of building and

premisesright of entry. 552.270-13 Fire and casualty damage. 552.270–14 (Reserved] 552.270–15 Compliance with applicable law. 552.270–16 Inspection-right of entry. 552.270–17 Failure in performance. 552.270-18 Successors bound. 552.270-19 Alterations. 552.270–20 Proposals for adjustment. 552.270–21 Changes. 552.270–22 Liquidated damages. 552.270-23 Operating cost. 552.270–24 Tax adjustment. 552.270–25 Adjustments for vacant premises. 552.270-26 (Reserved) 552.270-27 Delivery and condition. 552.270-28 Default in delivery_time exten

sions. 552.270–29 (Reserved) 552.270–30 Progressive occupancy. 552.270-31 Measurement for payment. 552.270-32 Effect of acceptance and occu

pancy. 552.270-33 Default by lessor during the term. 552.270-34 Subordination, nondisturbance

and attornment. 552.270_35 Statement of lease. 552.270-36 Substitution of tenant agency. 552.270-37 No waiver. 552.270-38 Integrated agreement. 552.270-39 Mutuality of obligation. 552.270-40 Asbestos and hazardous waste

management.

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Subpart 552.3-Provision and Clause

Matrixes

552.300 Scope of subpart. 552.301 Fixed-price supply. 552.305 Fixed-price service. 552.307 Fixed-price construction. 552.314 Architect-engineering. 552.319 Small purchases. 552.320-70 Utility services (sole supplier

regulated rates). 552.370 Leases of real property.

AUTHORITY: 40 U.S.C. 486(c).

SOURCE: 54 FR 26558, June 23, 1989, unless otherwise noted.

552.000 Scope of part.

This part provides the text of provisions and clauses which are unique to GSA or supplement the FAR. Matrixes are also provided for acquisitions of various supplies, services and leasehold interests in real property.

552.103 Identification of provisions

and clauses. (a) When a class deviation from a FAR clause is prescribed in the GSAR, the contracting officer shall identify the clause by the GSAR citation (552.232-6-Prompt Payment Discount (Nov 1987) (Deviation FAR 52.232–8)).

(b) When a “substantially the same as" clause is used that varies from a FAR or GSAR clause, the word “(Variation),” must be included as a part of the title of the clause, along with the FAR or GSAR citation (552.215–70 Examination of Records by GSA (Apr 1984) (Variation I)). If there is more than one variation of a provision or clause, the variations are titled (Variation I), (Variation II), (Variation III), etc. Variations of clauses which result from negotiations do not need to be identified unless an amendment to the solicitation is issued.

(c) Variations of FAR GSAR clauses should generally be used for individual cases. A copy of clause variations developed for repeated use must be furnished to the Office of GSA ACquisition Policy (VP) for potential inclusion in the GSAR.

Subpart 552.1-Instructions for

Using Provisions and Clauses 552.101 Using Part 552.

(a) Definition. “Clause," as used in this subpart, means provision or clause as defined in FAR 52.101(a).

(b) Numbering. When a clause in this Part has the same title as a clause in the FAR, that clause is preceded by the number 5 and is included under the same subsection number and caption as in the FAR. Clauses numbered in this manner represent (1) clauses which are "substantially” the same

FAR clauses, and (2) clauses which are to be used instead of FAR clauses. All supplemental clauses are numbered in the same manner as the FAR, except that the number is preceded by the chapter number and the subsection numbers begin with 70 and are sequentially numbered, e.g., 552.232–70, 552.232–71, etc.

(c) Matrixes. Matrixes are included as a guide to locating clauses for supply, service, construction, and architect-engineer solicitations/contracts. There is a separate matrix for small purchases. Matrixes listing FAR and GSAR clauses for utility contracts (sole-supplier-regulated rates) and leases of real property are also included. Individuals drafting solicitations must research pertinent regulations or make other determinations to ensure that (1) the clauses selected fit the procurement, (2) there are no restrictions on their use, and (3) when one clause is dependent upon the use of another clause, all necessary clauses are included in the solicitation.

as

or

552.105 Procedures for using alter

nates. The procedures in FAR 52.105 apply to GSAR Part 552.

552.107 Provisions and clauses pre

scribed in Subpart 552.1. (a) The contracting officer shall insert the provision at 552.252-5, Authorized Deviations or Variations in Provisions, in solicitations that include any FAR or GSAR clause with an authorized deviation or variation. This provision must be used in lieu of the FAR provision at 52.252–5.

(b) The contracting officer shall insert the clause at 552.252–6, Authorized Deviations or Variations in Clauses, in solicitations and contracts that include any FAR or GSAR clause with an authorized deviation or variation. This clause must be used in lieu of the FAR clause at 52.252-6.

552.102 Incorporating provisions and

clauses.

552.102–1 Incorporation by reference.

Clauses prescribed in the GSAR may be incorporated in solicitations/contracts by reference. As an alternative, forms containing GSAR clauses in full text may be incorporated by reference.

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