3090-0250justification_2008Revised9-28-07

SUPPORTING STATEMENT
FOR PAPERWORK REDUCTION ACT SUBMISSION
3090-0250, Zero Burden Information Collection Reports
A.

Justification.

1. Administrative requirements. Frequently, the General
Services Administration (GSA) needs to collect information from
the private sector that is readily available to the public at
large. This information is often exchanged by private business
firms during the normal course of business. These types of
information collections impose no additional reporting burdens
upon the requestees as the collection requires no expenditure of
resources to gather the information for submission.
Use of this general control number reduces OMB and GSA
administrative workload with no loss of oversight protection for
the public.
2. Uses of information. The Government will use the
information to identify for customers ordering from Multiple
Award Schedule Program electronic office equipment providing
accessibility.
3. Consideration of information technology. Information
technology is used to the maximum extent practicable.
Where both the Government agency and contractors are capable of
electronic interchange, the contractors may submit this
information collection requirement electronically.
4. Efforts to identify duplication. We did not identify any
duplication of information being collected. Our review did not
identify any similar data.
5. If the collection of information impacts small businesses or
other entities, describe methods used to minimize burden. The
burden applied to small businesses is the minimum consistent
with applicable laws, Executive orders, regulations, and prudent
business practices. The effect of business should be minimal
since the information requested is readily available and does
not differ from that necessary to conduct business in the
commercial marketplace under the same circumstances. Under
clause 552.238-70,“Identification of Electronic Office Equipment
Providing Accessibility for the Handicapped,” the offeror is
encouraged to identify office equipment, including any special
peripheral, that will facilitate electronic office equipment
accessibility for handicapped individuals in its commercial
catalogs and pricelists accepted by the Government. Under clause
552.238-74, “Industrial Funding Fee and Sales Reporting,” the
Contractor shall maintain a consistent accounting method of

sales reporting, based on the Contractor’s established
commercial accounting practice.
6. Describe consequence to Federal program or policy activities
if the collection is not conducted or is conducted less
frequently. Similar information is not already available to the
contracting officer. Collection of information on a basis other
than solicitation-by-solicitation is not practical.
7. Special circumstances for collection. Collection of
information on a basis other than by individual contractors is
not practical. The contractor is the only one who has the
records necessary for the collection. Collection is consistent
with guidelines in 5 CFR 1320.6.
8. If applicable, provide a copy and identify the date and page
number of publication in the Federal Register of the agency’s
notice, required by 5 CFR 1320.8(d), soliciting comments on the
information collection prior to submission to OMB. Summarize
public comments received in response to that notice and describe
actions taken by the agency in response to these comments.
Specifically address comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to
obtain their views on the availability of data, frequency of
collection, the clarity of instructions and recordkeeping,
disclosure, or reporting format (if any), and on the data
elements to be recorded, disclosed, or reported. Consultation
with representatives of those from whom information is to be
obtained or those who must compile records should occur at least
once every 3 years – even if the collection of information
activity is the same as in prior periods. There may be
circumstances that may preclude consultation in a specific
situation. These circumstances should be explained.
GSA has published rules that fall under information collection
3090-0250. The rule that prescribed clause 552.238-70
“Identification of Electronic Office Equipment Providing
Accessibility for the Handicapped” was published at 56 FR 29442,
June 27, 1991, titled “Implementation of Public Law 99-506”,
with an effective date of July 8, 1991; and Clause 552.238-74
“Industrial Funding Fee and Sales Reporting” published at 68 FR
41286, July 11, 2003.
Notices published in the Federal Register at 72 FR 58308,
October 15, 2007, and 73 FR 16306, March 27, 2008, made this
requirement available to the public and requested comments. No
comments were received regarding this requirement.
2
2008 Justification

In addition, the GSA works very closely with its vendor
partners, and interacts regularly in forums designed
specifically to foster open discussion of issues of concern to
either party. Industry - Government Councils have been
established for all of the Multiple Award Schedules, meeting
quarterly to provide updates on issues of concern to either
party, and to work together to develop a means of resolving some
recurring issues. Industry is never hesitant to voice their
concerns in these forums, and yet there has never been any
concerns expressed (in any context) about of either of the cited
clauses.
9. Explanation of any decision to provide any payment or gift to
respondents, other than re-enumeration of contractors or
guarantees. Not applicable.
10. Describe assurance of confidentiality provided to
respondents. This information is disclosed only to the extent
consistent with prudent business practices and current
regulations. No assurance of confidentiality is provided to
respondents.
11. Additional justification for questions of a sensitive
nature. No sensitive questions are involved.
12 & 13. Estimated total annual public hour and cost burden.
Zero burden hours. Reports covered under this collection will
impose no reporting burden upon the public. The information
collected is that which is normally collect and exchanged during
the normal course of business.
14.

Estimated cost to the Government.

None.

15. Explain reasons for program changes or adjustments reported
in Item 13 or 14. This submission requests an extension of OMB
approval of an information collection requirement in the General
Services Administration Acquisition Manual (GSAM). The
information collection requirement in the GSAM remains
unchanged.
16. Outline plans for published results of information
collections. Results will not be tabulated or published.
17.

Approval not to display expiration date.

Not applicable.

18. Explanation of exception to certification statement.
applicable.

Not

3
2008 Justification

B.

Collections of Information Employing Statistical
Methods.

Statistical methods are not used in this information collection.

4
2008 Justification

GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL

552.237-71
552.237-71 Qualifications of Employees.
As prescribed in 537.110(b), insert the following clause:
QUALIFICATIONS OF EMPLOYEES (MAY 1989)
(a) The contracting officer or a designated representative
may require the Contractor to remove any employee(s) from
GSA controlled buildings or other real property should it be
determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on GSA controlled
property.
(b) The Contractor shall fill out and cause each of its
employees performing work on the contract work to fill out,
for submission to the Government, such forms as may be necessary for security or other reasons. Upon request of the Contracting Officer, the Contractor and its employees shall be
fingerprinted.
(c) Each employee of the Contractor shall be a citizen of
the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien
Registration Receipt Card Form I-151, or, who presents
other evidence from the Immigration and Naturalization Service that employment will not affect his immigration status.
(End of clause)
552.237-72 Prohibition Regarding “Quasi-Military
Armed Forces.”
As prescribed in 537.110(c), insert the following clause:
PROHIBITION REGARDING “QUASI-MILITARY
ARMED FORCES” (SEP 1999)
The Contractor must not, during the term of this contract,
offer for hire “Quasi-Military Armed Forces” within the
meaning of the court decision in United States ex. rel. Weinberger v. Equifax, 557 F. 2d 456 (5th Cir., 1977).
(End of clause)
552.237-73 Restriction on Disclosure of Information.
As prescribed in 537.270, insert the following clause:
RESTRICTION ON DISCLOSURE OF INFORMATION
(SEP 1999)
(a) The Contractor shall, in the performance of this contract, keep all information contained in source documents or
other media furnished by the Government in the strictest confidence. The Contractor shall not publish or otherwise divulge
such information in whole or in part, in any manner or form,
nor authorize or permit others to do so. The Contractor shall
take such reasonable measures as are necessary to restrict
access to such information, while in the Contractor’s possession, to those employees needing such information to perform
the work provided herein, i.e., on a “need to know” basis. The
Contractor shall immediately notify, in writing, the Contract-

552-38

(Amendment 2007–01)

ing Officer in the event that the Contractor determines or has
reason to suspect a breach of this requirement.
(b) The Contractor shall not disclose any information concerning the work under this contract to any persons or individual unless the Contractor obtains prior written approval
from the Contracting Officer.
(c) The Contractor shall insert the substance of this clause
in any consultant agreement or subcontract under this contract.
(d) Any unauthorized disclosure of information may result
in termination of this contract for cause.
(End of clause)
552.238-70 Identification of Electronic Office Equipment
Providing Accessibility for the Handicapped.
As prescribed in 538.273(a)(1), insert the following
clause:
IDENTIFICATION OF ELECTRONIC OFFICE EQUIPMENT
PROVIDING ACCESSIBILITY FOR THE HANDICAPPED
(SEP 1991)
(a) Definitions. “Electronic office equipment accessibility” means the application/configuration of electronic office
equipment (includes hardware, software and firmware) in a
manner that accommodates the functional limitations of individuals with disabilities (i.e., handicapped individuals) so as
to promote productivity and provide access to work related
and/or public information resources.
“Handicapped individuals” mean qualified individuals
with impairments as cited in 29 CFR 1613.702(f) who can
benefit from electronic office equipment accessibility.
“Special peripheral” means a special needs aid that provides access to electronic equipment that is otherwise inaccessible to a handicapped individual.
(b) The offeror is encouraged to identify in its offer, and
include in any commercial catalogs and pricelists accepted by
the Contracting Officer, office equipment, including any special peripheral, that will facilitate electronic office equipment
accessibility for handicapped individuals. Identification
should include the type of disability accommodated and how
the users with that disability would be helped.
(End of clause)
552.238-71 Submission and Distribution of Authorized
FSS Schedule Pricelists.
As prescribed in 538.273(a)(2), insert the following
clause:
SUBMISSION AND DISTRIBUTION OF AUTHORIZED FSS
SCHEDULE PRICELISTS (SEP 1999)
(a) Definition. For the purposes of this clause, the Mailing
List is [Contracting officer shall insert either: “the list of

GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL

552.238-73
“Remanufactured” means factory rebuilt to original
specifications.
“Renewable energy” means energy produced by solar,
wind, geothermal, and biomass power.
“Renewable energy technology” means—
(1) Technologies that use renewable energy to provide
light, heat, cooling, or mechanical or electrical energy for use
in facilities or other activities; or
(2) The use of integrated whole-building designs that
rely upon renewable energy resources, including passive solar
design.
(c) (1) The offeror must identify products that—
(i) Are compliant with the recovered and post-consumer material content levels recommended in the Recovered
Materials Advisory Notices (RMANs) for EPA-designated
products in the CPG program (http://www.epa.gov/cpg/);
(ii) Contain recovered materials that either do not
meet the recommended levels in the RMANs or are not
EPA-designated products in the CPG program (see
FAR 23.401 and http://www.epa.gov/cpg/);
(iii) Are energy-efficient, as defined by either
ENERGY STAR® and/or FEMP’s designated top
25th percentile levels (see ENERGY STAR® at
http://www.energystar.gov/ and FEMP at
http://www.eere.energy.gov/femp/procurement/);
(iv) Are water-efficient;
(v) Use renewable energy technology;
(vi) Are remanufactured; and
(vii) Have other environmental attributes.
(2) These identifications must be made in each of the
offeror’s following mediums:
(i) The offer itself.
(ii) Printed commercial catalogs, brochures, and
pricelists.
(iii) Online product website.
(iv) Electronic data submission for GSA Advantage!
submitted via GSA’s Schedules Input Program (SIP) software
or the Electronic Data Inter-change (EDI). Offerors can use
the SIP or EDI methods to indicate environmental and other
attributes for each product that are translated into respective
icons in GSA Advantage!.
(d) An offeror, in identifying an item with an environmental attribute, must possess evidence or rely on a reasonable
basis to substantiate the claim (see 16 CFR part 260, Guides
for the Use of Environmental Marketing Claims). The Government will accept an offeror’s claim of an item’s environmental attribute on the basis of—
(1) Participation in a Federal agency sponsored program (e.g., the EPA and DOE ENERGY STAR® product
labeling program);
(2) Verification by an independent organization that
specializes in certifying such claims; or

552-40

(Amendment 2007–01)

(3) Possession of competent and reliable evidence. For
any test, analysis, research, study, or other evidence to be
“competent and reliable,” it must have been conducted and
evaluated in an objective manner by persons qualified to do
so, using procedures generally accepted in the profession to
yield accurate and reliable results.
(End of clause)
552.238-73 Cancellation
As prescribed in 538.273(a)(4), insert the following
clause:
CANCELLATION (SEP 1999)
Either party may cancel this contract in whole or in part by
providing written notice. The cancellation will take effect
30 calendar days after the other party receives the notice of
cancellation. If the Contractor elects to cancel this contract,
the Government will not reimburse the minimum guarantee.
(End of clause)
552.238-74 Industrial Funding Fee and Sales Reporting.
As prescribed in 538.273(b)(1), insert the following
clause:
INDUSTRIAL FUNDING FEE AND SALES REPORTING
(JUL 2003)
(a) Reporting of Federal Supply Schedule Sales. The Contractor shall report all contract sales under this contract as follows:
(1) The Contractor shall accurately report the dollar
value, in U.S. dollars and rounded to the nearest whole dollar,
of all sales under this contract by calendar quarter (January 1–
March 31, April 1–June 30, July 1–September 30, and
October 1–December 31). The dollar value of a sale is the
price paid by the Schedule user for products and services on
a Schedule task or delivery order. The reported contract sales
value shall include the Industrial Funding Fee (IFF). The
Contractor shall maintain a consistent accounting method of
sales reporting, based on the Contractor’s established commercial accounting practice. The acceptable points at which
sales may be reported include—
(i) Receipt of order;
(ii) Shipment or delivery, as applicable;
(iii) Issuance of an invoice; or
(iv) Payment.
(2) Contract sales shall be reported to FSS within
30 calendar days following the completion of each reporting
quarter. The Contractor shall continue to furnish quarterly
reports, including “zero” sales, through physical completion
of the last outstanding task order or delivery order of the contract.

PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
(3) Reportable sales under the contract are those resulting from sales of contract items to authorized users unless the
purchase was conducted pursuant to a separate contracting
authority such as a Governmentwide Acquisition Contract
(GWAC); a separately awarded FAR Part 12, FAR Part 13,
FAR Part 14, or FAR Part 15 procurement; or a
non-FAR contract. Sales made to state and local governments
under Cooperative Purchasing authority shall be counted as
reportable sales for IFF purposes.
(4) The Contractor shall electronically report the quarterly dollar value of sales, including “zero” sales, by utilizing
the automated reporting system at an Internet website designated by the General Services Administration (GSA)’s Federal Supply Service (FSS). Prior to using this automated
system, the Contractor shall complete contract registration
with the FSS Vendor Support Center (VSC). The website
address, as well as registration instructions and reporting procedures, will be provided at the time of award. The Contractor
shall report sales separately for each National Stock Number
(NSN), Special Item Number (SIN), or sub-item.
(5) The Contractor shall convert the total value of sales
made in foreign currency to U.S. dollars using the “Treasury
Reporting Rates of Exchange” issued by the U.S. Department
of Treasury, Financial Management Service. The Contractor
shall use the issue of the Treasury report in effect on the last
day of the calendar quarter. The report is available from
Financial Management Service, International Funds Branch,
Telephone: (202) 874–7994,
Internet: http://www.fms.treas.gov/intn.html.
(b) The Contractor shall remit the IFF at the rate set by
GSA’s FSS.
(1) The Contractor shall remit the IFF to FSS in U.S.
dollars within 30 calendar days after the end of the reporting
quarter; final payment shall be remitted within 30 days after
physical completion of the last outstanding task order or
delivery order of the contract.
(2) The IFF represents a percentage of the total quarterly sales reported. This percentage is set at the discretion of
GSA’s FSS. GSA’s FSS has the unilateral right to change the
percentage at any time, but not more than once per year. FSS
will provide reasonable notice prior to the effective date of the
change. The IFF reimburses FSS for the costs of operating the
Federal Supply Schedules Program and recoups its operating
costs from ordering activities. Offerors must include the IFF
in their prices. The fee is included in the award price(s) and
reflected in the total amount charged to ordering activities.
FSS will post notice of the current IFF at http://
72a.fss.gsa.gov/ or successor website as appropriate.
(c) Within 60 days of award, an FSS representative will
provide the Contractor with specific written procedural
instructions on remitting the IFF. FSS reserves the unilateral
right to change such instructions from time to time, following
notification to the Contractor.
(d) Failure to remit the full amount of the IFF within
30 calendar days after the end of the applicable reporting
period constitutes a contract debt to the United States Government under the terms of FAR Subpart 32.6. The Government
may exercise all rights under the Debt Collection Improve-

552.238-75

ment Act of 1996, including withholding or setting off payments and interest on the debt (see FAR clause 52.232-17,
Interest). Should the Contractor fail to submit the required
sales reports, falsify them, or fail to timely pay the IFF, this is
sufficient cause for the Government to terminate the contract
for cause.
(End of clause)
552.238-75 Price Reductions.
As prescribed in 538.273(b)(2), insert the following
clause:
PRICE REDUCTIONS (MAY 2004)
(a) Before award of a contract, the Contracting Officer and
the Offeror will agree upon (1) the customer (or category of
customers) which will be the basis of award, and (2) the Government’s price or discount relationship to the identified customer (or category of customers). This relationship shall be
maintained throughout the contract period. Any change in the
Contractor’s commercial pricing or discount arrangement
applicable to the identified customer (or category of customers) which disturbs this relationship shall constitute a price
reduction.
(b) During the contract period, the Contractor shall report
to the Contracting Officer all price reductions to the customer
(or category of customers) that was the basis of award. The
Contractor’s report shall include an explanation of the conditions under which the reductions were made.
(c) (1) A price reduction shall apply to purchases under
this contract if, after the date negotiations conclude, the Contractor—
(i) Revises the commercial catalog, pricelist, schedule or other document upon which contract award was predicated to reduce prices;
(ii) Grants more favorable discounts or terms and
conditions than those contained in the commercial catalog,
pricelist, schedule or other documents upon which contract
award was predicated; or
(iii) Grants special discounts to the customer (or category of customers) that formed the basis of award, and the
change disturbs the price/discount relationship of the Government to the customer (or category of customers) that was the
basis of award.
(2) The Contractor shall offer the price reduction to the
Government with the same effective date, and for the same
time period, as extended to the commercial customer (or category of customers).
(d) There shall be no price reduction for sales—
(1) To commercial customers under firm, fixed-price
definite quantity contracts with specified delivery in excess of
the maximum order threshold specified in this contract;
(2) To Federal agencies;
(3) Made to State and local government entities when
the order is placed under this contract (and the State and local
government entity is the agreed upon customer or category of
customer that is the basis of award); or

(Amendment 2007-01)

552-41