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. Subpart 552.1-Instructions for 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 as 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. 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. 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 (552.232-8-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 or 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. 552.105 Procedures for using alternates. The procedures in FAR 52.105 apply to GSAR Part 552. 552.107 Provisions and clauses prescribed 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. or retained any person or company to solicit or obtain this contract; and (2) has, has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (b) Agreement. The Offeror agrees to provide information relating to the above Representation as requested by the Contracting Officer and, when subparagraph (a)(1) or (a)(2) is answered affirmatively, to promptly submit to the Contracting Officer (1) A completed Standard Form 119, Statement of Contingent or Other Fees, (SF 119); or (2) A signed statement indicating that the SF 119 was previously submitted to the same contracting office, including the date and applicable solicitation or contract number, and representing that the prior SF 119 applies to this offer or quotation. (End of provision) 552.203-5 Covenant Against Contingent Fees. As prescribed in 503.404(b), insert the following clause: COVENANT AGAINST CONTINGENT FEES (MAY 1989) (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. (b) "Bona fide agency," as used in this clause, means an established commercial or selling agency (including licensed real estate agents or brokers), maintained by a Contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. "Bona fide employee," employee," as used in this clause, means a person, employed by a Contractor and subject to the Contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. (End of clause) [54 FR 26558, June 23, 1989, as amended at 55 FR 6256, Feb. 22, 1990] § 552.203-70 Restriction on advertising. As prescribed in 503.570-2, insert the following clause: RESTRICTION ON ADVERTISING (DEC 1990) 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) [56 FR 965, Jan. 10, 1991] 552.203-71 [Reserved] 552.203-72 [Reserved] 552.203-73 Price adjustment for illegal or improper activity. As prescribed in 503.104-10, insert the following clause: PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1990) (a) If the head of the contracting activity (HCA) or his or her designee determines that there was a violation of subsection 27(a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in the Federal Acquisition Regulation, the Government, at its election, may— (1) Reduce the monthly rental under this lease by 5 percent of the amount of the rental for each month of the remaining term of the lease, including any option periods, and recover 5 percent of the rental already paid; (2) Reduce payments for alterations not included in monthly rental payments by 5 percent of the amount of the alterations agreement; or (3) Reduce the payments for violations by a Lessor's subcontractor by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was placed. (b) Prior to making a determination as set forth above, the HCA or designee shall provide to the Lessor a written notice of the action being considered and the basis therefor. The Lessor shall have a period determined by the agency head or designee, but not less than 30 calendar days after receipt of such notice, to submit in person, in writing, or through a representative, information and argument in opposition to the proposed reduction. The agency head or designee, upon good cause shown, determine to deduct less than the above amounts from payments. (c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this lease. (End of clause) [55 FR 39975, Oct. 1, 1990, as amended at 63 FR 18844, Apr. 16, 1998] 552.209-73 Product removal from qualified products list. As prescribed in 509.206–2, insert the following clause: PRODUCT REMOVAL FROM QUALIFIED PRODUCTS LIST (FEB 1996) If, during the performance of this contract, the product being furnished is for any reason (except those outlined in paragraph 3.1.1 of the applicable Federal or Interim Federal Specification for security cabinets, security vault doors and changeable combination padlocks) removed from the Qualified Products List, the Government may terminate this contract for default. (End of clause) [54 FR 26558, June 23, 1989, as amended at 61 FR 6169, Feb. 16, 1996] 552.209-74 Waiver of first article test- WAIVER OF FIRST ARTICLE TESTING AND (a) Offerors must submit an offer including testing and approval, however, an offeror may submit an alternate offer excluding testing and approval, provided the offeror satisfies the requirements for the waiving of first article testing. (b) Before a waiver of the first article testing requirement of this solicitation will be considered, the offeror is requested to identify the procurement under which the product offered was previously approved and accepted: (Offeror to insert both contract number and applicable national stock number) (End of provision) [55 FR 8954, Mar. 9, 1990] 552.209-75 Supplemental requirements for first article approval—contractor testing. As prescribed in 509.308-1, insert the following clause: |