Part 552—Solicitation Provisions and Contract Clauses
This part provides the text of provisions and clauses which are unique to GSA or supplement the FAR.
Subpart 552.1—Instructions for Using Provisions and Clauses
(a) Definition. “Clause,” as used in this subpart, means provision or clause as defined in FAR w52.101(a).
(b) Numbering.
(1) Clauses which are “substantially” the same as FAR clauses and clauses to be used instead of FAR clauses are identified as follows:
(i) The clause has the same title as a clause in the FAR.
(ii) The number 5 precedes the clause.
(iii) The clause appears under the same subsection number and caption as in the FAR.
(2) Supplemental clauses are numbered in the same manner as the FAR, except:
(i) The chapter number precedes the clause.
(ii) The subsection numbers begin with 70.
(iii) The clauses are sequentially numbered, e.g., 552.232-70, 552.232-71, etc.
(c) Matrixes. Matrixes provide a guide to locating clauses. Matrixes are included for:
(1) Simplified acquisitions.
(2) Supply, service, construction, and architect-engineer solicitations and contracts.
(3) FAR and GSAR clauses for utility contracts (sole-supplier-regulated rates).
(4) Leases of real property.\
(d) 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.
(3) When one clause depends on the use of another clause, the solicitation includes all necessary clauses.
552.102 Incorporating provisions and clauses.
You may incorporate clauses prescribed in the GSAR for solicitations and contracts by reference.
552.103 Identification of provisions and clauses.
Deviations. If the GSAR prescribes a class deviation from a FAR clause, identify the clause by the GSAR citation (e.g., 552.232-8 Prompt Payment Discount (Nov 1987) (Deviation FAR 52.232-8)).
552.104 Procedures for modifying and completing provisions and clauses.
(a) The procedures in FAR 52.104 apply when you modify or complete a GSAR provision or clause. Provisions and clauses shall not be modified unless the GSAR authorizes their modification.
(b) You do not need to identify modifications of clauses which result from negotiations unless you issue an amendment to the solicitation.
(c) In general, you should modify FAR or GSAR clauses only for individual cases. If a contracting activity develops a modification for repeated use, furnish a copy to the Office of GSA Acquisition Policy (MV) for potential inclusion in the GSAR.
552.105 Procedures for using alternates.
The procedures in FAR 52.105 apply to GSAR Part 552.
552.107-70 Provisions and clauses prescribed in Subpart 552.1.
(a) Insert the provision at 552.252-5, Authorized Deviations in Provisions, in solicitations that include any FAR or GSAR clause with an authorized deviation. You must use this provision in lieu of the FAR provision at 52.252-5.
(b) Insert the clause at 552.252-6, Authorized Deviations in Clauses, in solicitations and contracts that include any FAR or GSAR clause with an authorized deviation. You must use this clause in lieu of the FAR clause at 52.252-6.
Subpart 552.2—Text of Provisions and Clauses
This subpart sets forth the text of all GSAR provisions and clauses. It also cross-references the location in the GSAR that prescribes the use of each provision and clause.
552.203-71 Restriction on Advertising.
As prescribed in 503.570-2, insert the following clause:
Restriction on Advertising (Sep 1999)
The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the White House, the Executive Office of the President, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the Contractor, including price-off coupons, that refers to a military resale activity shall contain the following statement: “This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government.”
(End of clause)
552.204-9 Personal Identity Verification Requirements.
As prescribed in 504.1303, insert the following clause:
Personal Identity Verification Requirements (Oct 2012)
(a) The contractor shall comply with GSA personal identity verification requirements, identified at http://www.gsa.gov/hspd12, if contractor employees require access to GSA controlled facilities or information systems to perform contract requirements.
(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a GSA-controlled facility or access to a GSA-controlled information system.
(End of clause)
552.211-72 Reference to Specifications in Drawings.
As prescribed in 511.204(a), insert the following clause:
References to Specifications in Drawings (Feb 1996)
If military or other drawings are made a part of this contract, any reference in the drawings to Federal specifications or standards will be considered to be a reference to the date of such Federal specification or standard identified in the contract. If the date of the Federal specification or standard is not identified in the contract, the edition, including revisions thereto, in effect on the date the solicitation is issued will apply.
(End of clause)
As prescribed in 511.204(b)(1), insert the following clause:
Marking (Feb 1996)
(a) General requirements. Interior packages, if any, and exterior shipping containers shall be marked as specified elsewhere in the contract. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with the following standards:
(1) Deliveries to civilian activities. Supplies shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.
(2) Deliveries to military activities. Supplies shall be marked in accordance with Military Standard 129, edition in effect on the date of issuance of the solicitation.
(b) Improperly marked material. When Government inspection and acceptance are at destination, and delivered supplies are not marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor, to perform the required marking, by contract or otherwise, and charge the Contractor therefore at the rate specified elsewhere in this contract. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.
(End of clause)
552.211-75 Preservation, Packaging and Packing.
As prescribed in 511.204(b)(2), insert the following clause:
Preservation, Packaging, and Packing (Feb 1996)
Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification. Packaging and packing shall comply with the requirements of the Uniform Freight Classification and the National Motor Freight Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment shall be of uniform size and content, except for residual quantities. Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering agency and the Contractor.
(End of clause)
Alternate I (May 2003). As prescribed at 511.204(b)(a), insert the following sentence in place of the last sentence of the clause:
Where special or unusual packing is specified in an order, but not specifically provided for by the contract, such packing details must be the subject of an agreement independently arrived at between the ordering activity and the Contractor.
552.211-76 Charges for Packaging, Packing, and Marking.
As prescribed in 511.204(b)(3), insert a clause substantially as follows:
Charges for Packaging, Packing, and Marking (Jan 2010)
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 $ * 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 Acquisition Service, or a designee.
As prescribed in 511.204(c) insert the following clause:
Packing List (Feb 1996)
(a) A packing list or other suitable shipping document shall accompany each shipment and shall indicate:
(1) Name and address of the consignor;
(2) Name and complete address of the consignee;
(3) Government order or requisition number;
(4) Government bill of lading number covering the shipment (if any); and
(5) Description of the material shipped, including item number, quantity, number of containers, and package number (if any).
(b) When payment will be made by Government commercial credit card, in addition to the information in (a) above, the packing list or shipping document shall include:
(1) Cardholder name and telephone number and
(2) The term “Credit Card.”
(End of clause)
Alternate I (May 2003). As prescribed at 511.204(2), substitute the following paragraphs (a)(3) and (b) for (a)(3) and (b) of the basic clause:
(a) (3) Ordering activity order or requisition number;
(b) When payment will be made by Ordering activity commercial credit card, in addition to the information in (a) above, the packing list or shipping document shall include:
(1) Cardholder name and telephone number; and
(2) The term “Credit Card.”
552.211-79 Acceptable Age of Supplies.
As prescribed in 511.404(a)(1), insert the following clause:
Acceptable Age of Supplies (Feb 1996)
The supplies furnished under this contract shall not be more than months old, beginning with the first full month after the date of manufacture marked on the container. For the purpose of this clause, supplies shall be considered to be furnished (1) when they are offered to the Government for inspection and testing, or (2) on the date of shipment if shipment is authorized to be made without prior inspection by the Government. If the age of the supplies furnished under this contract is greater than the specified period, the Government may exercise its right to reject the supplies.
(End of clause)
Alternate I (Feb 1996). For items having a limited shelf-life, the sentence below should be substituted for the first sentence of the basic clause when authorized:
The supplies furnished under this contract shall not be more than days old, beginning with the date of manufacture (month, day, year) marked on the container.
As prescribed in 511.404(a)(2) insert the following clause:
Age on Delivery (Feb 1996)
Included in the description of each shelf-life item is a statement regarding the “age on delivery.” The age of the item(s) shall not exceed the number of months shown in the item description, counted from the first day of the month after the month of manufacture to the date of delivery to the specified delivery point(s). If the age of the supplies delivered under this contract is greater than the number of months shown, the Government may exercise its right to reject the supplies.
(End of clause)
As prescribed in 511.404(b), insert the following clause:
Time of Shipment (Feb 1996)
Shipment is required within calendar days after receipt of order.
(End of clause)
Alternate I (Feb 1996). If the contract will require shipment more than 45 calendar days after receipt of the order, the following paragraph should be added to the basic clause.
Each delivery order will specify that shipment is required no later than the number of days shown above. If such order also states that “Early Shipment is Precluded,” the Contractor agrees to make shipment no sooner than calendar days after receipt of order. Earlier shipments may result in nonacceptance of the supplies at the delivery point at the time of arrival.
(The second number to be inserted should be 15 calendar days less than the first number.)
552.211-83 Availability for Inspection, Testing, and Shipment/Delivery.
As prescribed in 511.404(c), insert the following clause:
Availability for Inspection, Testing, and Shipment/Delivery (Feb 1996)
(a) The Government requires that the supplies be made available for inspection and testing within * calendar days after receipt of [Insert “Notice of Award” or “order”], and be [Insert “shipped” or “delivered”] within * calendar days after receipt of (1) notice of approval and release by the Government inspector or (2) authorization to ship without Government inspection.
(b) Failure to make supplies available for inspection and testing or to [Insert “ship” or “deliver”] as required by this clause may result in termination of this contract for default.
(End of clause)
Alternate I (Feb 1996). If the contract is for stock items, the Contracting Officer shall insert “shipped” or “ship” in the basic clause, add the following paragraph (b) and redesignate paragraph (b) of the basic clause as paragraph (c).
(b) If notice of approval and release by the Government inspector or authorization to ship without Government inspection is received before * calendar days after receipt of the [Insert “Notice of Award” or “order”], receipt of such notice shall be deemed to be received on the * calendar day after receipt of [Insert “Notice of Award” or “order”]. Shipments shall not be made before the * calendar day after receipt of the [Insert “Notice of Award” or “order”] unless authorized in writing by the Contracting Officer.
*Entries are normally the same number of days specified for availability.
552.211-85 Consistent Pack and Package Requirements.
As prescribed in 511.204(b)(4), insert the following clause:
Consistent Pack and Package Requirements (Jan 2010)
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.
(End of clause)
552.211-86 Maximum Weight per Shipping Container.
As prescribed in 511.204(b)(5), insert the following clause:
Maximum Weight per Shipping Container (Jan 2010)
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)
As prescribed in 511.204(b)(6), insert the following clause:
Export Packing (Jan 2010)
(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)
552.211-88 Vehicle Export Preparation.
As prescribed in 511.204(b)(7), insert the following clause:
Vehicle Export Preparation (Jan 2010)
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)
552.211-89 Non-Manufactured Wood Packaging Material for Export.
As prescribed in 511.204(b)(8), insert the following clause:
Non-Manufactured Wood Packaging Material for Export (Jul 2016)
(a) Definitions:
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/import_export/plants/plant_exports/wpm/country/index.shtml.
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.
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.
(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 non-manufactured 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://farsite.hill.af.mil/archive/Dlad/Rev5/PART47.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 non-complying 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)
As prescribed in 511.204(b)(9), insert the following clause:
Small Parts (Jan 2010)
All small parts required to be furnished 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)
552.211-91 Vehicle Decals, Stickers, and Data Plates.
As prescribed in 511.204(b)(10), insert the following clause:
Vehicle Decals, Stickers, and Data Plates (Jan 2010)
Unless otherwise specified, caution plates/decals shall be conspicuously installed for all equipment requiring such notices. Vehicles for civil agencies 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.
(End of clause)
552.211-92 Radio Frequency Identification (RFID) Using Passive Tags.
As prescribed in 511.204(b)(11), insert the following clause:
Radio Frequency Identification (RFID) Using Passive Tags (Jan 2010)
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 252.211-7006. 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-table-search.html.
(End of clause)
As prescribed at 511.404(d), insert the following clause:
Time of Delivery (Jan 2010)
An “X” mark in the left hand block shall be considered a mandatory requirement to be fulfilled by the contractor.
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The Contractor will ship contract item(s) to the Federal 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. |
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Delivery is required to be made at destination within *______* calendar days after receipt of order for deliveries to a GSA facility. |
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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. |
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Shipment must be made with *________* days after receipt of order. |
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In addition to block above the Contractor must also ensure that delivery will be made within *__________* days after receipt of order. |
(End of clause)
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.
552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items.
As prescribed in 512.301(a)(2), insert the following clause:
Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items (Jun 2016)
(a) The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The clauses in paragraph (b) of this section are incorporated by reference:
[The Contracting Officer should check the clauses that apply or delete the clauses that do not apply from the list. The Contracting Officer may add the date of the clause if desired for clarity.]
(b) Clauses.
Restriction on Advertising | |
Marking | |
Examination of Records by GSA | |
Examination of Records by GSA (Multiple Award Schedule) | |
Price Adjustment—Failure to Provide Accurate Information | |
Allocation of Orders—Partially Set-Aside Items | |
552.228-70 |
Workers’ Compensation Laws |
Federal, State, and Local Taxes | |
552.232-8 |
Discounts for Prompt Payment |
Assignment of Claims | |
Adjusting Payments | |
Final Payment | |
Availability of Funds | |
552.232-78 |
Payment Information |
Qualifications of Employees | |
Submission and Distribution of Authorized FSS Schedule Price List | |
Industrial Funding Fee and Sales Reporting | |
Price Reductions | |
Modifications (Multiple Award Schedule) | |
Status Report of Orders and Shipments | |
552.246-73 |
Warranty—Multiple Award Schedule |
552.246-76 |
Warranty of Pesticides |
(End of clause)
552.212-72 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items.
As prescribed in 512.301(a)(3), insert the following clause:
Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items (Jun 2015)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement provisions of law or Executive Orders applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:
[The contracting officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The contracting officer may add the date of the provision or clause if desired for clarity.]
(a) Provisions.
Hazardous Material Information |
(b) Clauses.
Hazardous Substances | |
Nonconforming Hazardous Material | |
Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Shipments. | |
Identification of Electronic Office Equipment Providing Accessibility for the Handicapped | |
Identification of Products that have Environmental Attributes |
(End of clause)
552.214-70 “All or None” Bids.
As prescribed in 514.201-6, insert the following provision:
“All or None” Bids (Oct 2009)
(a) The Government reserves the right to evaluate bids and make awards on an “all or none” basis as provided below.
(b) A bid submitted on an “all or none” or similar basis will be evaluated as follows: The lowest acceptable bid exclusive of the “all or none” bid will be selected with respect to each item (or group of items when the solicitation provides for aggregate awards) and the total cost of all items thus determined shall be compared with the total of the lowest acceptable “all or none” bid. Award will be made to result in the lowest total cost to the Government.
(End of provision)
552.214-72 Bid Sample Requirements.
As prescribed in 514.202-4(a)(3), insert the following provision:
Bid Sample Requirements (Oct 2009)
This provision supplements FAR 52.214-20, which is incorporated by reference. Samples shall be from the production of the manufacturer whose products will be supplied under resultant contracts.
(a) Two bid samples are required for each of the following items in this solicitation:
(b) Two representative samples shall be submitted for each of the following items upon which a bid is submitted:
Items |
Acceptable Representative Samples |
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NOTE: Bidders that propose to furnish an item or group of items from more than one manufacturer or production point must submit two samples from the production of each manufacturer or production point.
(c) Samples will be evaluated to determine compliance with all characteristics listed below:
Subjective Characteristics |
Objective Characteristics |
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(d) Forward samples addressed to the Sample Room indicated below. Except for samples delivered by U.S. Mail, deliveries will be accepted between the hours of Mondays through Fridays, official holidays excluded.
CAUTION: USE PROPER ADDRESS FOR METHOD OF SHIPMENT SELECTED.
Mail and Parcel Post [Insert Address of Bid Sample Room] |
Freight or Express [Insert address of Bid Sample Room] |
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(e) Contracting Officer insert address.
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(End of provision)
