GSAM

GSAM

Change Number: Change 156 GSAM Case 2022-G510
Effective Date: 12/02/2022

Subpart 552.1 - Instructions for Using Provisions and Clauses

552.101 [Reserved]

552.101-70 Using Part 552.

      (a) Numbering.

(1)GSAR provisions or clauses which are “substantially” the same as a FAR provision or clause ( e.g., 552.232-1, Payments) are identified as follows:

                (i)The provision or clause has the same title as the FAR provision or clause.

                (ii)The provision or clause has the same number as the FAR provision or clause, except the number is preceded by the number “5”.

           (2)GSA prescribed provisions and clauses ( e.g., 552.232-72, Final Payment Under Building Services Contracts) are numbered in the same manner as the FAR, except that—

                (i)The number is preceded by the number “5”, and

                (ii)The sequential number at the end of the number of the provision or clause is “70” or a higher number.

      (b) Prescriptions. Each provision or clause in subpart  552.2 is prescribed at the place in the GSAR where the subject matter of the provision or clause receives its primary treatment. The prescription includes all conditions, requirements, and instructions for using the provision or clause and its alternates, if any. The provision or clause may be referred to in other GSAM locations.

      (c) Introductory text. Within subpart  552.2, the introductory text of each provision or clause includes a cross-reference to the location in the GSAR that prescribes its use.

      (d) Dates. Since they are subject to revision from time to time, all GSAR provisions, clauses, and alternates are dated; e.g., (DEC 1983). To avoid questions concerning which version of any provision, clause, or alternate is operative in any given solicitation or contract, its date shall be included whether it is incorporated by reference or in full text.

552.102 Incorporating provisions and clauses.

      (a)Except for paragraph (b) of this section, GSAR provisions and clauses should be incorporated by reference to the maximum practical extent, rather than being incorporated in full text. Upon request, the contracting officer shall provide the full text of any GSAR provision or clause incorporated by reference.

      (b)A GSAR provision or clause should not be incorporated in full text if—

           (1)It requires modification or completion by the Government ( e.g., completion of blanks in provisions or clauses) (see FAR 52.104 and 552.104);

           (2)It requires completion by the offeror or contractor;

           (3)It is identified as a deviation (see 552.103); or

           (4)It is used with one or more alternates.

552.103 Identification of provisions and clauses.

      (a) General. When a GSAR provision or clause is used without deviation in a solicitation or contract, it shall be identified by number, title, and date ( e.g., 552.211-77, Packing List (FEB 1996)).

      (b) Deviations.

(1) Federal Acquisition Regulation deviations. When a GSAR provision or clause is used with an authorized deviation in lieu of a FAR provision or clause in a solicitation or contract, it shall be identified by number, title, date, and the deviation label ( e.g., 552.232-1, Payments (NOV 2009) (DEVIATION FAR 52.232-1)). The deviation label consists of the text “DEVIATION FAR” and the applicable FAR provision or clause number enclosed in parentheses ( e.g., (DEVIATION FAR 52.232-1)).

           (2) General Services Administration Acquisition Regulation deviations. When a GSAR provision or clause is used with an authorized deviation in a solicitation or contract, it shall be identified by number, title, date, and the text “(DEVIATION)” inserted after the date ( e.g., 552.232-1, Payments (NOV 2009) (DEVIATION)).

      (c) Alternates. When a GSAR provision or clause is used with an alternate in a solicitation or contract, it shall be identified by the basic provision or clause citation and the alternate label ( e.g., 552.211-77, Packing List (FEB 1996) Alternate I (MAY 2003)). The alternate label consists of the word “Alternate”, the alternate number, and date ( e.g., Alternate I (MAY 2003)).

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 [Reserved]

552.107-70 Provisions and clauses prescribed in .

GSA has a FAR deviation that allows use of the following provision and clause in lieu of the FAR provision at 52.252-5 and the FAR clause at 52.252-6:

      (a)Insert the provision at 552.252-5, Authorized Deviations in Provisions, in solicitations that include any FAR or GSAR provision with an authorized deviation 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 in lieu of the FAR clause at 52.252-6.