[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Proposed Rules]
[Pages 21691-21695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08648]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

48 CFR Parts 511, 538, and 552

[GSAR Case 2010-G511; Docket 2014-0008; Sequence 1]
RIN 3090-AJ43


General Services Administration Acquisition Regulation (GSAR); 
Purchasing by Non-Federal Entities

AGENCY: Office of Acquisition Policy, General Services Administration.

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The General Services Administration (GSA) is issuing a 
proposed rule amending the General Services Administration Acquisition 
Regulation (GSAR), Describing Agency Needs, to implement the Federal 
Supply

[[Page 21692]]

Schedules Usage Act of 2010 (FSSUA), the Native American Housing 
Assistance and Self-Determination Reauthorization Act of 2008 
(NAHASDA), the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (NDAA), and the Local Preparedness Acquisition Act for 
Fiscal Year 2008 (LPAA), to provide increased access to GSA's Federal 
Supply Schedules (Schedules). GSA is also amending GSAR regarding 
Federal Supply Schedule Contracting and Solicitation Provisions and 
Contract Clauses, in regard to this statutory implementation.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before June 16, 2014 to be considered in 
the formulation of a final rule.

ADDRESSES: Submit comments identified by GSAR Case 2010-G511, 
Purchasing by Non-Federal Entities, by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments by searching for ``GSAR Case 2010-G511''. Select the link 
``Comment Now'' and follow the instructions provided at the ``You are 
commenting on'' screen. Please include your name, company name (if 
any), and ``GSAR Case 2010-G511'', on your attached document.
     Fax: 202-501-4067.
     Mail: U.S. General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, ATTN: Hada 
Flowers, Washington, DC 20405-0001.
    Instructions: Please submit comments only and cite GSAR Case 2010-
G511 in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Dana Munson, General Services 
Acquisition Policy Division, GSA, 202-357-9652 or email 
Dana.Munson@gsa.gov, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite GSAR Case 2010-G511.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Federal Supply Schedules Program, which is operated by GSA, is 
designed to provide Federal agencies with a simplified process of 
acquiring commonly used commercial supplies and services at prices 
associated with volume buying. Ordering activities conduct streamlined 
competitions among a number of Schedule contractors, issue orders 
directly to the selected contractor, and administer orders.
    GSA is issuing a proposed rule amending Parts 511, 538, and 552 of 
the GSAR to implement a number of statutory provisions to provide 
increased access to GSA's Schedules to the American National Red Cross, 
other qualified organizations, which includes National Voluntary 
Organizations Active in Disaster (NVOAD), and state or local 
governments, pursuant to the FSSUA (Pub. L. 111-263).
    Specifically, section 2 of the FSSUA added subsection 40 U.S.C. 
502(e), authorizing the use of the Schedules by the American National 
Red Cross and other qualified organizations in certain circumstances.
    Further, section 3 of the FSSUA added subsection 40 U.S.C. 502(f), 
which requires all users of the Schedules, including non-Federal users, 
to use the contracts in accordance with the ordering guidance provided 
by the Administrator of the General Services. GSA encourages non-
Federal users to follow the Schedules ordering procedures set forth in 
the Federal Acquisition Regulation (FAR) 8.4; however, non-Federal 
users may use different established competitive ordering procedures if 
such procedures are needed to satisfy their state or local acquisition 
regulations and/or organizational policies.
    Finally, section 4 of the FSSUA further amended 40 U.S.C. 502 to 
include additional purchasing authority for state or local governments 
by inserting ``to facilitate disaster preparedness or response,'' after 
``Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121, et seq.)'' in 40 U.S.C. 502(d)(1).
    FSSUA provides for the following:
     The Administrator may provide for the use of the Schedules 
by the American National Red Cross. Purchases by the American National 
Red Cross under authority derived from the FSSUA shall be used in 
furtherance of the purposes of American National Red Cross as set forth 
in 36 U.S.C. 300102. The authority under FSSUA may not be used to 
purchase supplies for resale.
     The Administrator may provide for the use of Schedules by 
other qualified organizations, to include NVOADs. Purchases under this 
authority by other qualified organizations shall be used in furtherance 
of purposes determined to be appropriate to facilitate emergency 
preparedness and disaster relief and set forth in guidance by the 
Administrator of General Services, in consultation with the 
Administrator of the Federal Emergency Management Agency. This 
authority may not be used to purchase supplies for resale. The term 
``qualified organization'' means a relief or disaster assistance 
organization as described in section 309 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5152).
     State or local governments are authorized to use Schedules 
for certain goods and services to be used to facilitate disaster 
preparedness or response. FSSUA expands upon the authority granted 
under Section 833 of the NDAA, which allows state or local governments 
to use GSA's Schedules to recover from a disaster or attack.
    As a result of the above authorities, GSA is adding the following 
definitions to GSAR 538.7001:
     ``Preparedness'' means actions that may include, but are 
not limited to planning, resourcing, training, exercising, and 
organizing to build, sustain, and improve operational disaster response 
capabilities. Preparedness also includes the process of identifying the 
personnel, training, and equipment needed for a wide range of potential 
incidents, and developing jurisdiction-specific plans for delivering 
capabilities when needed for an incident.
     ``Response'' means immediate actions taken during a 
disaster, or in its immediate aftermath, in order to save lives, 
protect property and the environment, and to meet basic human needs. 
Response also includes the execution of emergency plans and actions to 
support short-term recovery.
     ``Recovery'' means actions including, but not limited to, 
the development, coordination, and execution of service-and site-
restoration plans; the reconstitution of Government operations and 
services; individual, private-sector, nongovernmental, and public-
assistance programs to provide housing and to promote restoration; 
long-term care and treatment of affected persons; additional measures 
for social, political, environmental, and economic restoration; 
evaluation of the incident to identify lessons learned; post-incident 
reporting; and development of initiatives to mitigate the effects of 
future incidents.
     ``Relief'' means disaster ``response'' and ``recovery''. 
Please see full definitions for these terms.
    All users of GSA's Schedules, including non-Federal users, shall 
use the Schedules in accordance with the ordering guidance provided by 
the Administrator of General Services. GSA encourages non-Federal users 
to follow the Schedule Ordering Procedures set

[[Page 21693]]

forth in FAR subpart 8.4, but they may use different established 
competitive ordering procedures if such procedures are needed to 
satisfy their state and local acquisition regulations and/or 
organizational policies.
    The authority granted under FSSUA is available for use on a 
voluntary (i.e., non-mandatory) basis. In other words, businesses with 
Schedule contracts have the option of deciding whether they will accept 
orders placed by state or local governments, the American National Red 
Cross, or other qualified organizations.
    Additionally, Section 101 of NAHASDA (Pub. L. 110-411) codified at 
25 U.S.C. 4111(j), provides that ``each Indian tribe or tribally 
designated housing entity shall be considered to be an Executive agency 
in carrying out any program, service, or other activity under this Act; 
and (2) each Indian tribe or tribally designated housing entity and 
each employee of the Indian tribe or tribally designated housing entity 
shall have access to sources of supply on the same basis as employees 
of an Executive agency''. As such, tribes or tribally designated 
housing entities expending funds from block grants pursuant to NAHASDA 
may access GSA's sources of supply, including the Schedules, at their 
discretion.
    Additionally, this proposed rule amends GSAR Parts 511, 538, and 
552 to implement Section 833 of the NDAA. Section 833 amends 40 U.S.C. 
502(d)(1) to authorize the Administrator of General Services to provide 
to state or local governments the use of GSA's Schedules for the 
purchase of goods or services to be used to facilitate recovery from a 
major disaster declared by the President under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.) 
or to facilitate recovery from terrorism or nuclear, biological, 
chemical, or radiological attack.
    Section 833 also amends 40 U.S.C. 502(d)(2) to require the 
Secretary of Homeland Security to determine which goods and services 
qualify before the Administrator provides for the use of GSA's 
Schedules. House Report 109-452 of the Committee on Armed Services 
indicates that section 833 (referred to in the House Report as section 
823), builds on the implementation of the Cooperative Purchasing 
Program authorized in Section 211 of the E-Government Act of 2002, 
which permitted state or local governments to access GSA's information 
technology schedule, known as Schedule 70.
    Finally, the LPAA amended 40 U.S.C. 502(c), by authorizing the 
Administrator of General Services to provide to state or local 
governments the use of GSA's Schedules for the acquisition of law 
enforcement, security, and certain other related items.
    The non-Federal ordering activity is responsible for ensuring that 
only authorized representatives of its organization place orders and 
that goods or services ordered are used only for the purposes 
authorized. Existing Schedule contracts may be modified only by mutual 
agreement of the parties. After an existing contract has been modified, 
a Schedule contractor still retains the right to decline orders by non-
Federal entities on a case-by-case basis. This applies to future 
Schedule contractors, as well. Schedule contractors may decline any 
order from entities outside the Executive Branch (see GSAR 552.238-78). 
Similarly, the rule places no obligation on non-Federal buyers to use 
Schedule contracts. They will have full discretion to decide if they 
wish to make a Schedule purchase, subject however, to any limitations 
that may be established under state and local laws or organizational 
policies.
    The Federal Government will not be liable for the performance or 
nonperformance of orders established under the authority of this rule 
between Schedule contractors and eligible non-Federal entities. 
Disputes that cannot be resolved by the parties to the new contract can 
be litigated in any court of competent jurisdiction over the parties.
    The prices of supplies and services available on Schedule contracts 
include an industrial funding fee. The fee covers the administrative 
costs incurred by GSA to operate the Schedules program. The fee will be 
periodically adjusted as necessary to recover the cost of operating the 
program.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    The change may have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act 5 U.S.C. 601, et seq., because implementing the 
authorities enumerated herein will expand or add the ability for 
additional qualified organizations to procure from GSA's Schedule 
contracts. For small businesses that hold a Schedule contract, their 
sales may increase for orders placed in order to prepare for a 
disaster.
    The Initial Regulatory Flexibility Analysis (IRFA) is summarized as 
follows:

    This rule is to implement the Federal Supply Schedules Usage Act 
of 2010, which was effective upon Presidential signature. The Act 
allows GSA to further expand access to Schedules for state and local 
governments, the American National Red Cross, and allows ``other 
qualified organizations'' access to Schedules when purchasing in 
support of emergency preparedness and disaster relief. 
Implementation of the Act will affect large and small businesses.
    Prior to this Act, except for some limited exceptions, only 
state and local governments and the American National Red Cross were 
authorized to procure from Federal Supply Schedule (FSS) contracts 
under specific scopes. ``Other qualified organizations'' were not 
previously authorized to procure from FSS contracts.
    Under the Act, the scope of authorized users of FSS contracts 
was expanded to include ``other qualified organizations,'' which is 
in addition to the already authorized state and local governments 
and the American National Red Cross (ANRC). Access to Schedules for 
each of these entities varies. The ANRC may access Schedules in 
support of their Federal charter; state and local governments may 
use the Schedules to prepare, respond, and recover from major 
disasters; and ``other qualified organizations'' may use the 
Schedules for emergency preparedness and disaster relief.
    It should be noted that this is an optional program under the 
FSS program. This proposed rule applies to all FSS contractors that 
agree to sell goods and services to these eligible entities, under 
the appropriate scope of use. A modification will be issued 
outlining if a contractor wishes to sell to each of the 3 user 
groups, under the assigned scope. There are no additional compliance 
requirements for contractors than what is already required; 
therefore, there is no additional cost to small business if they 
decide to participate.

    The Regulatory Secretariat has submitted a copy of the Initial 
Regulatory Flexibility Analysis (IRFA) to the Chief Counsel for 
Advocacy of the Small Business Administration. A copy of the IRFA may 
be obtained from the Regulatory Secretariat. GSA invites comments from 
small business concerns

[[Page 21694]]

and other interested parties on the expected impact of this rule on 
small entities.
    GSA will also consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 601, et seq. (GSAR Case 2010-G511), 
in correspondence.

IV. Paperwork Reduction Act

    The proposed rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35).

List of Subjects in 48 CFR Parts 501, 538, and 552

    Government procurement.

    Dated: April 11, 2014.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, General 
Services Administration.
    Therefore, GSA proposes to amend 48 CFR parts 511, 538, and 552 as 
set forth below:

0
1. The authority citations for 48 CFR parts 511, 538, and 552 continue 
to read as follows:

    Authority: 40 U.S.C. 121(c).

PART 511--DESCRIBING AGENCY NEEDS

0
2. Amend section 511.204 by revising paragraphs (b)(2) and (c) to read 
as follows:


511.204  Solicitation provisions and contract clauses.

* * * * *
    (b) * * *
    (2) The contracting officer shall include the clause at 552.211-75, 
Preservation, Packaging, and Packing, in solicitations and contracts 
for supplies expected to exceed the simplified acquisition threshold. 
The contracting officer may also include the clause in contracts 
estimated to be at or below the simplified acquisition threshold when 
appropriate. The contracting officer shall use Alternate I in 
solicitations and contracts for all Federal Supply Schedule Contracts.
* * * * *
    (c) Supply contracts. The contracting officer shall include the 
clause at 552.211-77, Packing List, in solicitations and contracts for 
supplies, including purchases over the micropurchase threshold. Use 
Alternate I in solicitations and contracts for all Federal Supply 
Schedule Contracts.

PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING

0
3. Amend section 538.273 by revising paragraphs (a)(2) and (b)(2) to 
read as follows:


538.273  Contract clauses.

    (a) * * *
    (2) 552.238-71, Submission and Distribution of Authorized FSS 
Schedule Pricelists. Use Alternate I, in solicitations and contracts 
for all Federal Supply Schedule contracts.
    (b) * * *
    (2) 552.238-75, Price Reductions. Use Alternate I in solicitations 
and contracts for all Federal Supply Schedule contracts.
0
4. Revise the heading of subpart 538.70 to read as follows:

Subpart 538.70--Purchasing by Non-Federal Entities

0
5. Amend section 538.7000 by adding paragraph (d) to read as follows:


538.7000  Scope of subpart.

* * * * *
    (d) Other Federal Supply Schedules as outlined in this subpart.
0
6. Amend section 538.7001 by adding, in alphabetical order, the 
definitions for ``Preparedness'', ``Recovery'', ``Relief'', and 
``Response'' to read as follows:


538.7001  Definitions.

* * * * *
    Preparedness means actions that may include, but are not limited to 
planning, resourcing, training, exercising, and organizing to build, 
sustain, and improve operational disaster response capabilities. 
Preparedness also includes the process of identifying the personnel, 
training, and equipment needed for a wide range of potential incidents, 
and developing jurisdiction-specific plans for delivering capabilities 
when needed for an incident.
    Recovery means actions including, but not limited to, the 
development, coordination, and execution of service- and site-
restoration plans; the reconstitution of Government operations and 
services; individual, private-sector, nongovernmental, and public-
assistance programs to provide housing and to promote restoration; 
long-term care and treatment of affected persons; additional measures 
for social, political, environmental, and economic restoration; 
evaluation of the incident to identify lessons learned; post-incident 
reporting; and development of initiatives to mitigate the effects of 
future incidents.
    Relief means disaster ``response'' and ``recovery''. Please see 
full definitions for these terms.
    Response means immediate actions taken during a disaster, or in its 
immediate aftermath, in order to save lives, protect property and the 
environment, and meet basic human needs. Response also includes the 
execution of emergency plans and actions to support short-term 
recovery.
* * * * *
0
7. Amend section 538.7002 by revising paragraph (d); and adding 
paragraphs (e) through (g) to read as follows:


538.7002  General.

* * * * *
    (d) Public Law 109-364, the John Warner National Defense 
Authorization Act for Fiscal Year 2007 authorizing state and local 
governments, to use Federal Supply Schedule contracts to purchase 
products and services to be used to facilitate recovery from a major 
disaster declared by the President under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
or to facilitate for recovery from terrorism or nuclear, biological, 
chemical, or radiological attack. Public Law 111-263, the Federal 
Supply Schedules Usage Act of 2010 authorizing state and local 
governments to use Federal Supply Schedule contracts to purchase 
products and services to be used to facilitate disaster preparedness or 
response.
    (e) Public Law 111-263, the Federal Supply Schedules Usage Act of 
2010, authorizes the American National Red Cross to use Federal Supply 
Schedule contracts to purchase goods or services to be used in 
furtherance of its purposes as set forth in its federal charter (36 
U.S.C. 300102).
    (f) Public Law 111-263, the Federal Supply Schedules Usage Act of 
2010, authorizes other qualified organizations to use Federal Supply 
Schedule contracts to purchase products and services in furtherance of 
purposes determined to be appropriate to facilitate emergency 
preparedness and disaster relief and set forth in guidance by the 
Administrator of General Services, in consultation with the 
Administrator of the Federal Emergency Management Agency. Other 
qualified organizations must meet the requirements of 42 U.S.C. 5152.
    (g) A listing of the participating contractors and SINs for the 
goods and services that are available under these authorized Federal 
Supply Schedules, is available in GSA's e-Library at www.gsa.gov/elibrary.
0
8. Amend section 538.7003 by revising the introductory text to read as 
follows:

[[Page 21695]]

538.7003  Policy.

    Preparing solicitations when schedules are open to eligible non-
federal entities. When opening authorized Federal Supply Schedules for 
use by eligible non-federal entities, the contracting officer must make 
minor modifications to certain Federal Acquisition Regulation and GSAM 
provisions and clauses in order to make clear distinctions between the 
rights and responsibilities of the U.S. Government in its management 
and regulatory capacity pursuant to which it awards schedule contracts 
and fulfills associated Federal requirements versus the rights and 
responsibilities of eligible ordering activities placing orders to 
fulfill agency needs. Accordingly, the contracting officer is 
authorized to modify the following FAR provisions/clauses to delete 
``Government'' or similar language referring to the U.S. Government and 
substitute ``ordering activity'' or similar language when preparing 
solicitations and contracts to be awarded under authorized Federal 
Supply Schedules. When such changes are made, the word ``(DEVIATION)'' 
shall be added at the end of the title of the provision or clause. 
These clauses include but are not limited to:
* * * * *
0
9. Revise section 538.7004 to read as follows:


538.7004  Solicitation provisions and contract clauses.

    (a) The contracting officer shall insert the clause at 552.238-77, 
Definition (Federal Supply Schedules), in solicitations and contracts 
for all Federal Supply Schedules.
    (b) The contracting officer shall insert the clause at 552.238-78, 
Scope of Contract (Eligible Ordering Activities), in solicitations and 
contracts for all Federal Supply Schedules.
    (c) The contracting officer shall insert the clause at 552.238-79, 
Use of Federal Supply Schedule Contracts by Non-Federal Entities, in 
solicitations and contracts for all Federal Supply Schedules.
    (d) See 552.101-70 for authorized FAR deviations.

Subpart 538.71--[Removed and Reserved]

0
10. Remove and reserve subpart 538.71.

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
11. Revise section 552.238-76 to read as follows:


552.238-76  Definition (Federal Supply Schedules)--Non-Federal Entity 
Purchasing.

    As prescribed in 538.7104(a), insert the following clause:

DEFINITION (FEDERAL SUPPLY SCHEDULES)--NON-FEDERAL ENTITY PURCHASING 
(DATE)

    Ordering activity (also called ``ordering agency'' and 
``ordering office'') means an eligible ordering activity (see 
(552.238-78, authorized to place orders under Federal Supply 
Schedule contracts.


(End of clause)
0
12. Amend section 552.238-78 by--
0
a. Revising the clause heading;
0
b. Redesignating paragraphs (a)(7) and (8) as paragraphs (a)(8) and 
(9), respectively;
0
c. Adding a new paragraph (a)(7);
0
d. Revising paragraph (d);
0
e. Adding paragraph (h); and
0
f. Removing Alternate I.
    The revised and added text reads as follows:


552.238-78  Scope of Contract (Eligible Ordering Activities).

* * * * *

SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (DATE)

    (a) * * *
    (7) Tribes or tribally designated housing entities pursuant to 
25 U.S.C. 4111(j);
* * * * *
    (d) The following activities may place orders against Schedule 
contracts:
    (1) State and local government may place orders against Schedule 
70 contracts, and Consolidated Schedule contracts containing 
information technology Special Item Numbers, and Schedule 84 
contracts, on an optional basis; PROVIDED, the Contractor accepts 
order(s) from such activities;
    (2) The American National Red Cross may place orders against 
Federal Supply Schedules for products and services in furtherance of 
the purposes set forth in its Federal charter (36 U.S.C. 300102); 
PROVIDED, the Contractor accepts order(s) from the American National 
Red Cross; and
    (3) Other qualified organizations, as defined in section 309 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5152), may place orders against Federal Supply Schedules 
for products and services determined to be appropriate to facilitate 
emergency preparedness and disaster relief and set forth in guidance 
by the Administrator of General Services, in consultation with the 
Administrator of the Federal Emergency Management Agency; PROVIDED, 
the Contractor accepts order(s) from such activities.
    (4) State and local governments may place orders against Federal 
Supply Schedules for goods or services determined by the Secretary 
of Homeland Security to facilitate recovery from a major disaster 
declared by the President under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.) to 
facilitate disaster preparedness or response, or to facilitate 
recovery from terrorism or nuclear, biological, chemical, or 
radiological attack; PROVIDED, the Contractor accepts order(s) from 
such activities.
* * * * *
    (h) All users of GSA's Federal Supply Schedules, including non-
Federal users, shall use the schedules in accordance with the 
ordering guidance provided by the Administrator of General Services. 
GSA encourages non-Federal users to follow the Schedule Ordering 
Procedures set forth in the Federal Acquisition Regulation (FAR) 
8.4, but they may use different established competitive ordering 
procedures if such procedures are needed to satisfy their state and 
local acquisition regulations and/or organizational policies.


(End of clause)
0
13. Amend section 552.238-79 by--
0
a. Revising the section heading;
0
b. Revising the introductory text; and
0
c. Revising the clause heading.
    The revised text reads as follows:


552.238-79  Use of Federal Supply Schedule Contracts by Non-Federal 
Entities

    As prescribed in 538.7004(c) and 538.7104(c), insert the following 
clause:

USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY NON-FEDERAL ENTITIES (DATE)

* * * * *


538.238-80  [Removed and Reserved]

0
14. Remove and reserve section 552.238-80.

[FR Doc. 2014-08648 Filed 4-16-14; 8:45 am]
BILLING CODE 6820-61-P