the Inspection of Construction clause at FAR 52.246-12. Subpart 546.4-Government 546.400 Scope of subpart. This subpart prescribes policies and procedures for use by the Federal Supply Service. Use by other GSA activities is optional. Subpart 546.4-Government 546.402 Government contract quality assurance at source. (a) Source inspection of supplies shall be performed either by Government personnel or by a Quality Approved Manufacturer when the contract is: (1) A Federal Supply Schedule contract selected for source inspection; (2) A requirements contract which is national in scope (including shipments to GSA distribution centers); (3) A requirements contract which is regional in scope; (4) A definite quantity contract for stock items; vehicles, (5) For Class 8010 items; or (6) For Special-purpose trucks over 10,000 pounds gross vehicle weight (GVW), trucks weighing 10,000 pounds GVW or less that are not covered by a Federal standard, and vehicles to be shipped outside the coterminous United States. (b) Contracts may also provide for source inspection when the contracting director, after coordination with FQA, determines that it is in the Government's interest due to the critical nature of the supplies. 546.403 Government contract quality assurance at destination. Inspection of supplies at destination should be performed when the supplies are purchased using small purchase procedures, a schedule contract is involved (except for schedules selected for source inspection), or the contract is for: (a) Commercial or off-the-shelf products; (b) Standard vehicles purchased for domestic consignees; or (a)(1) The contracting officer shall insert the clause at 552.246-17, Warranty of Supplies of a Noncomplex Nature, or applicable alternate in solicitations and contracts instead of the FAR clause at 52.246-17 or applicable alternate. (2) If commercial products or items are to be acquired, the contracting officer shall use the clause at 552.246-17 with its Alternate I. The term "commercial items" does not include Commercial Item Description (CIDs) that describe “commercial-type products” or specifications. (3) If the acquisition is for other than commercial items in Class 8010, the contracting officer shall use the clause at 552.246-17 with its Alternate II. (4) If the acquisition is for other than commercial items in Class 8030 or 8040, the contracting officer shall use the clause at 552.246-17 with its Alternate III. In addition, the contracting officer shall specify in the solicitation whether items being acquired are "noncritical end use items" or "critical end use items". (b) The contracting officer shall insert the clause at 552.246-73, Warranty-Multiple Award Schedule, in solicitations and multiple award schedule (except international schedule) contracts. (c) The contracting officer shall insert the clause at 552.246-74, Warranty-International Multiple Award Schedule, in solicitations and international multiple award schedule contracts. (d) The contracting officer shall insert the clause at 552.246-76, Warranty of Pesticides, in solicitations and contracts involving the procurement of pesticides. (e) The contracting officer shall insert the clause at 552.246-75, Guarantees, in solicitations and contracts for construction when the contract amount is expected to exceed the small purchase limitation. [54 FR 26555, June 23, 1989, as amended at 56 FR 1741, Jan. 17, 1991] PART 547-TRANSPORTATION Subpart 547.3-Transportation in Supply Contracts Sec. 547.300 Scope of subpart. 547.303 Standard delivery terms and contract clauses. 547.303-1 F.o.b. origin. 547.304-5 Exceptions. 547.305 Solicitation provisions, contract clauses, and transportation factors. 547.370 Restrictions on transportation to military installations. AUTHORITY: 40 U.S.C. 486(c). SOURCE: 54 FR 26556, June 23, 1989, unless otherwise noted. Subpart 547.3-Transportation in Supply Contracts 547.300 Scope of subpart. This subpart prescribes policies and procedures for Federal Supply Service (FSS) acquisitions. 547.303 Standard delivery terms and contract clauses. 547.303-1 F.o.b origin. (a) The contractor shall request a carrier routing from the applicable transportation zone office on all shipments weighing 10,000 pounds or more. (b) The contractor shall ship on a Government bill of lading (GBL) un less: (1) Shipment is via postal or parcel service; (2) Shipment on a commercial bill of lading (CBL) is authorized in writing by the contracting officer because (i) shipment is urgently required and (ii) a GBL cannot be issued in a timely manner; or (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. 547.304-5 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. 547.305 Solicitation provisions, contract clauses, and transportation factors. The contracting officer shall insert in solicitations and contracts the clause at 552.247-70, Placarding Railcar Shipments, when it is essential that the railcar doors be specially positioned next to the unloading dock, platform, or warehouse door. 547.370 Restrictions on transportation to military installations. Solicitations and contracts specifying direct delivery to military installations must specify applicable delivery restrictions. 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] 549.402-7 Other damages. assess (a) Under the default clause, in addition to assessing reprocurement costs, the contracting officer may 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 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] Subpart 549.5-Contract 549.502 Termination for convenience of the Government. The contracting officer shall insert the clause at 552.249-70, Termination for Convenience of the Government (Fixed-Price), in all solicitations and contracts for the acquisition and maintenance of telephone systems to be funded through the Information Technology Fund (IT). This clause should be used with the FAR clauses at 52.249-1 or 52.249-2 and 52.249-4. 549.570 Submission of termination liability 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 552.24970 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- Sec. 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 commercial 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 testing. 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. 552.212-74 Non-compliance with contract re quirements. 552.214-16 Minimum bid acceptance period. 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 adjustmentstock and special order program contracts. 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 representation. 552.219-71 Allocation of orders-partially set-aside items. 552.219-72 Notice to offerors of subcontracting plan requirements. 552.219-73 Preparation and submission of subcontracting plans. 552.222-82 Preface for labor standards-state or political subdivision contracts. 552.223-70 Hazardous substances. 552.223-71 Hazardous material information. 552.223-72 Nonconforming hazardous materials. 552.225-8 Trade Agreements Act Certificate. 552.225-9 Trade Agreements Act. 552.225-70 Buy American Act-hand or measuring tools or stainless steel flat 552.210-75 Marking. 552.210-76 Charges for marking. 552.210-77 Preservation, packaging packing. 552.228-72 552.210-78 Charges for packaging and packing. 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, testing, and shipment/delivery. 552.232-70 Payments by electronic funds transfer. 552.232-71 Prompt payment. 552.232-72 Invoice requirements. 552.232-73 Electronic funds transfer payment. |