3090-0200_justification_2008

Supporting Statement for Paperwork Reduction Act Submission
3090-0200 – Sealed Bidding
A. Justification
1. Explain the circumstances that make the collection of information necessary. Identify
any legal or administrative requirements that necessitate the collection. Attach a copy of
the appropriate section of each statute and regulation mandating or authorizing the
collection of information.
This information collection is necessary for efficient implementation of the GSA stock program.
The GSA stock program requires contract coverage for certain basic items necessary for
Government operations. For certain items, no single contractor is capable of supplying the
quantities of supplies needed. Therefore, a method for making progressive awards is necessary.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for
a new collection, indicate the actual use the agency has made of the information received
from the current collection.
Clause 552.214-71 is used by Government contracting officers in one solicitation where the item
required is such that multiple contracts must be awarded. It should be noted that the current
OMB Clearance is based on purchasing wiping rags that are now being acquired under the FSS
Multiple Award Schedule program. This clearance is based on the clause being used in contracts
to acquire firefighters pants and shirts, as well as fire shelters. The flexibility offered by the
clause furthers Government policy to encourage small business participation in acquisitions.
3. Describe whether, and to what extent, the collection of information involves the use of
automated, electronic, mechanical, or other technological collection techniques or other
forms of information technology, e.g., permitting electronic submission of responses, and
the basis for the decision for adopting this means of collection. Also describe any
consideration of using information technology to reduce burden.
We use improved information technology to the maximum extent practicable in obtaining this
information in offers received in response to Government solicitations.
4. Describe efforts to identify duplication. Show specifically why any similar information
already available cannot be used or modified for use for the purposes described in Item 2
above.
This request for information does not duplicate any other requirement.
5. If the collection of information impacts small businesses or other small entities (item 5 of
OMB 83-I), describe any methods used to minimize burden.
The collection burden applies equally to small organizations that want a Schedule contract and is
the minimum necessary to meet the specific program objectives.
6. Describe the consequence to Federal program or policy activities if the collection is not
conducted or is conducted less frequently, as well as any technical or legal obstacles to
reducing burden.
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Supporting Statement for Paperwork Reduction Act Submission
3090-0200 – Sealed Bidding
Collection of information on a less frequent basis is not practical. The information is needed
prior to award of a contract and must be accurate at time of contract award.
7. Explain any special circumstances that would cause an information collection to be
conducted in a manner requiring respondents to:
•
•
•
•
•
•
•

•

Report information to the agency more often than quarterly;
Prepare a written response to a collection of information in fewer than 30 days after
receipt of it;
Submit more than an original and 2 copies of any document;
Retain records, other than health, medical, government contracts, grant-in-aid, or
tax records, for more than 3 years;
In connection with a statistical survey, that is not designed to produce valid, reliable
results that can be generalized to the universe of study;
Require the use of a statistical classification that has not been reviewed and
approved by OMB;
Include a pledge of confidentiality that is not supported by authority established in
statute or regulation, that is not supported by disclosure and data security policies
that are consistent with the pledge, or which unnecessarily impedes sharing of data
with other agencies for compatible confidential use; or
Submit proprietary trade secrets, or other confidential information unless the
agency can demonstrate that it has instituted procedures to protect the
information’s confidentiality to the extent permitted by law.

No special circumstances exist.
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.
A notice in the November 27, 2007 Federal Register made this requirement available to the
public and requested comments. No comments were submitted.

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Supporting Statement for Paperwork Reduction Act Submission
3090-0200 – Sealed Bidding
9. Explain any decision to provide any payment or gift to respondents, other than
reenumeration of contractors or grantees.
Not applicable. GSA makes no such payments under this collection.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
The information collected will be disclosed only to the extent consistent with prudent business
practices, current regulations, and in accordance with the requirements of the Freedom of
Information Act. No assurance of confidentiality is provided to respondents.
11. Provide additional justification for any questions of a sensitive nature, such as sexual
behavior and attitudes, religious beliefs, and other matters that are commonly considered
private. This justification should include the reasons why the agency considers the
questions necessary, the specific uses to be made of the information, the explanation to be
given to persons from whom the information is requested, and any steps to be taken to
obtain their consent.
No sensitive questions are involved.
12. Provide estimates of the hour burden of the collection of information. The statement
should:
• Indicate the number of respondents, frequency of response, annual hour burden,
and an explanation of how the burden was estimated. Unless directed to do so,
agencies should not conduct special surveys to obtain information on which to base
hour burden estimates. Consultation with a sample (fewer than 10) of potential
respondents is desirable. If the hour burden on respondents is expected to vary
widely because of differences in activity, size, or complexity, show the range of
estimated hour burden, and explain the reasons for the variance. Generally,
estimates should not include burden hours for customary and usual business
practices.
• If this request for approval covers more than one form, provide separate hour
burden estimates for each form and aggregate the hour burdens in Item 13 of OMB
Form 83-I.
• Provide estimates of annualized cost to respondents for the hour burdens for
collections of information, identifying and using appropriate wage rate categories.
The cost of contracting out or paying outside parties for information collection
activities should not be included here. Instead, this cost should be included in Item
13.
We based the estimated hour burden of the collection of information on information obtained
from subject matter experts familiar with the approximate number of solicitations/contracts
likely to contain this clause and the range of processing times, depending on the complexity of
the contract. The burden addressed in this information collection requirement is the burden of
submitting the required information.
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Supporting Statement for Paperwork Reduction Act Submission
3090-0200 – Sealed Bidding
Estimated respondents/yr.
Annual responses
Total annual responses
Estimated hrs/response
Estimated total burden/hrs
Cost per hour
Estimated cost to public

10
1
10
.5
5
$32.93
$164.65

The estimated cost of $32.93 per hour is based on the equivalent of a GS-12, step 5 salary
(Salary Table 2004-DCB Washington-Baltimore, DC-MD-VA-WV, Effective January 2004).
13. Provide an estimate for the total annual cost burden to respondents or recordkeepers
resulting from the collection of information. (Do not include the cost of any hour burden
shown in Items 12 and 14.)
• The cost estimate should be split into two components: (a) total capital and start-up
cost component (annualized over its expected useful life) and (b) a
total operation and maintenance and purchase of services component. The estimates
should take into account costs associated with generating, maintaining, and
disclosing or providing the information. Include descriptions of methods used to
estimate major cost factors including system and technology acquisition, expected
useful life of capital equipment, the discount rate(s), and the time period over which
costs will be incurred. Capital and start-up costs include, among other items,
preparations for collecting information such as purchasing computers and software;
monitoring, sampling, drilling, and testing equipment, and record storage facilities.
• If cost estimates are expected to vary widely, agencies should present ranges of cost
burdens and explain the reasons for the variance. The cost of purchasing or
contracting out information collection services should be a part of this cost burden
estimate. In developing cost burden estimates, agencies may consult with a sample of
respondents (fewer than 10), utilize the 60-day pre-OMB submission public
comment process and use existing economic or regulatory impact analysis associated
with the rulemaking containing the information collection, as appropriate.
• Generally, estimates should not include purchases of equipment or services, or
portions thereof, made: (1) prior to October 1, 1995; (2) to achieve regulatory
compliance with requirements not associated with the information collection; (3) for
reasons other than to provide information or keep records for the Government or
(4) as part of customary and usual business or private practices.
See response #12 above.
14. Provide estimates of annualized costs to the Federal Government. Also, provide a
description of the method used to estimate cost, which should include qualification of
hours, operational expenses (such as equipment, overhead, printing, and support staff),
and any other expense that would not have been incurred without this collection of
information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a
single table.

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Supporting Statement for Paperwork Reduction Act Submission
3090-0200 – Sealed Bidding
Data submitted by respondents is collected and stored electronically. Individual submissions are
not reviewed. Retrieval of cumulative data requires approximately 260 hours and costs the
Government $8,562.
Reviewing time/hr
Requests/year
Review time/year
Average Cost/hr
Total Government Costs

10
.50
5
$32.93
$164.65

The cost of $32.93 per hour is based on GS-12, step 5 salary (Salary Table 2004-DCB
Washington-Baltimore, DC-MD-VA-WV, Effective January 2004).
15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB Form 83-I.
There is no difference between the justifications for the collection as it previously existed and as
it exists now with the exception of cost per hour that is based on a GS-12, step 5 salaries.
16. For collections of information whose results will be published, outline plans for
tabulation and publication. Address any complex analytical techniques that will be used.
Provide the time schedule for the entire project, including beginning and ending dates of
the collection of information, completion of report, publication dates, and other actions.
Results will not be tabulated or published. Data collected will be used for internal administration
of contracts.
17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons that display would be inappropriate.
Not applicable.
18. Explain each exception to the certification statement identified in Item 19,
“Certification for Paperwork Reduction Act Submissions”, of OMB Form 83-I.
Not applicable.

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PART 514—SEALED BIDDING

514.201-70

PART 514—SEALED BIDDING
Subpart 514.2—Solicitation of Bids
514.201 Preparation of invitations for bids.
514.201-1 Uniform contract format.
Include the following notice in each solicitation:
“The information collection requirements contained in this
solicitation/contract, are either required by regulation or
approved by the Office of Management and Budget pursuant
to the Paperwork Reduction Act and assigned OMB Control
No. 3090-0163.”
514.201-2 Part I—The Schedule.
(a) When you use Standard Form 33, Solicitation, Offer
and Award, include the following cautionary notice:
“Notice to Bidders—Use Item 13 of the Standard
Form 33, Solicitation, Offer and Award, to offer prompt payment discounts. The Prompt Payment clause of this solicitation sets forth payment terms. Do not insert any statement in
Item 13 which requires payment sooner than the time stipulated in the Prompt Payment clause. EXAMPLE: If you insert
“NET 20" in Item 13, GSA will reject your offer as nonresponsive because the entry contradicts the 30 day payment
terms specified in the Prompt Payment clause.”
(b) When you use any other authorized form
(e.g., Standard Form 1447, Solicitation/Contract), include the
notice in (a) above. Change the reference to the form number,
form title, and item number accordingly.
514.201-6 Solicitation provisions.
When you will consider all or none bids, insert the provision at 552.214-70, “All or None” Offers, in the solicitation.
For requirements or indefinite quantity contracts, use
Alternate I. Do not include this provision in solicitations
when you require the bidder to submit bids on all items and
will make only one award.

514.201-7 Contract clauses.
(a) Stock replenishment contracts. For some stock replenishment contracts, individual contractors may be unable to
furnish the Government’s monthly requirements. You may
determine that progressive awards will be more expedient. In
such cases, insert a clause substantially the same as the clause
at 552.214-71, Progressive Awards and Monthly Quantity
Allocations, in the solicitation and contract.
(b) Examination of Records. (1) Insert 552.215-70, Examination of Records by GSA, in solicitations and contracts for
supplies or services that exceed $100,000, and acquisitions of
leasehold interests in real property that exceed the simplified
lease acquisition threshold, that meet at least one of the following conditions:
(i) Involve the use or disposition of Government-furnished property.
(ii) Provide for advance payments, progress payments based on cost, or guaranteed loan.
(iii) Contain a price warranty or price reduction
clause.
(iv) Include an economic price adjustment clause
where the adjustment is not based solely on an established,
third party index.
(v) Are requirements, indefinite-quantity, or letter
contracts as defined in FAR part 16.
(vi) Contain the provision at FAR 52.223-4, Recovered Materials Certification.
(2) You may modify the clause to define the specific
area of audit (e.g., the use or disposition of Government-furnished property). Legal Counsel and the Assistant Inspector
General-Auditing or Regional Inspector General-Auditing, as
appropriate, must concur in any modifications to the clause.
514.201-70 GSA Form 1602.
You may use GSA Form 1602, Notice Concerning Solicitation, to do any of the following:
(a) Describe the type of contract, the duration of the contract, and the type of supplies or services being procured.
(b) Direct the attention of prospective bidders to special
requirements which, if overlooked, may result in rejection of
the offer.
(c) Highlight significant changes from previous solicitations covering the same supplies or services.
(d) Include other special notices, as appropriate.

514-1

552.214-70

GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL

requirements, and other pertinent factors. By providing a
selection of comparable supplies or services, ordering activities are afforded the opportunity to fulfill their requirements
with the item(s) that constitute the best value and that meet
their needs at the lowest overall cost.
(b) A written notice of award or acceptance of an offer,
mailed or otherwise furnished to the offeror within the time
for acceptance specified in the offer, shall result in a binding
contract without further action by either party. Before the
offer’s specified expiration time, the Government may accept
an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal
is received before award.

Alternate I (Sep 1999). For a requirements or indefinite
quantity contract, the following paragraph (b) shall be substituted in the basic provision:
(b) An offer submitted on an “all or none” or similar basis
will not be considered unless the offer is low on each item to
which the “all or none” offer is made applicable. The term
“each item” as used in this provision refers either to an item
that under the terms of the solicitation may be independently
awarded, or to a group of items on which an award is to be
made in the aggregate.

(End of provision)

PROGRESSIVE AWARDS AND MONTHLY
QUANTITY ALLOCATIONS (SEP 1999)

Alternate I (Aug 1997). When anticipating competition of
identical items, add the following paragraph after
paragraph (b) of the basic provision.
(c) The Government reserves the right to award only one
contract for all or a part of a manufacturer’s product line.
When two or more offerors (e.g., dealers/resellers) offer the
identical product, award may be made competitively to only
one offeror on the basis of the lowest price. (Discounts for
early payment will not be considered as an evaluation factor
in determining the low offeror). During initial open season for
an option period, any offers that are equal to or lower than the
current contract price received for identical items will be considered. Current contractors will also be allowed to submit
offers for identical items during this initial open season. The
current contractor which has the identical item on contract
will be included in the evaluation process. The Government
will evaluate all offers and may award only one contract for
each specified product or aggregate group.
552.214-70 “All or None” Offers.
As prescribed in 514.201-6, insert the following provision:

552.214-71 Progressive Awards and Monthly Quantity
Allocations.
As prescribed in 514.201-7(a), insert the following clause:

(a) Monthly quantity allocation. (1) Set forth below are
the Government’s estimated annual and monthly requirements for each stock item covered by this solicitation. Offerors shall indicate, in the spaces provided, the monthly
quantity which they are willing to furnish of any item or group
of items involving the use of the same production facilities. In
making monthly allocations, offerors are urged to group as
many items as possible. Such groupings will make it possible
for the Government to make fullest use of the production
capabilities of each offeror.
(2) Offerors need not limit their monthly allocations to
the Government’s estimated monthly requirements, since
additional unanticipated needs may occur during the period of
the contract. If an offeror does not insert monthly allocation
quantities, it will be deemed to offer to furnish all of the Government’s requirements, even though they may exceed the
stated estimated requirements.
National Stock
Number

Estimated Annual
Requirements

Estimated Annual
Requirements

“ALL OR NONE” OFFERS (SEP 1999)
(a) Unless awards in the aggregate are specifically precluded in this solicitation, the Government reserves the right
to evaluate offers and make awards on an “all or none” basis
as provided below.
(b) An offer submitted on an “all or none” or similar basis
will be evaluated as follows: The lowest acceptable offer
exclusive of the “all or none” offer 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” offer. Award will be made to result in
the lowest total cost to the Government.
(End of provision)

552-10

(Amendment 2004–02)

Bidders Monthly Quantity Allocations
Items or Groups of Items

MonthlyAllocation Quantity

(b) Progressive awards. If the low responsive offeror’s
monthly quantity allocation is less than the Government’s
estimated requirements, the Government may make progressive awards beginning with the low responsive offeror and
including each next low responsive offeror to the extent necessary to meet the estimated requirements.

PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
(c) Ordering procedures. If progressive awards are made,
orders will be placed first with the Contractor offering the
lowest price on each item normally up to that Contractor’s
maximum quantity allocation and then, in the same manner,
successively to other Contractors. When cumulative orders
during any month, placed with a lower priced Contractor,
equal or exceed 95 percent of its monthly quantity allocation,
to avoid the placement of unduly small orders or the splitting
of a subsequent order, the Government reserves the right to
award the full quantity of the subsequent order to the next
lower priced Contractor. In no case will orders be placed with
any Contractor in excess of its monthly quantity allocation.

552.215-70

(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]

(End of clause)
552.214-72 Bid Sample Requirements.
As prescribed in 514.202-4(a)(3), insert the following provision:
BID SAMPLE REQUIREMENTS (SEP 1999)
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

NOTE:
(1) Bidders ❏ are or ❏ are not authorized to re-apply samples being
retained by GSA in connection with previous solicitations and/or
resultant contracts. When the block “are” is marked by the government, FAR 52.214-20, Alternate II, shall apply.
(2) Bidders who 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

(End of provision)
552.215-70 Examination of Records by GSA.
As prescribed in 514.201-7(b) and 515.209-70(a) insert the
following clause:
EXAMINATION OF RECORDS BY GSA (FEB 1996)
The Contractor agrees that the Administrator of General
Services or any duly authorized representatives shall, until the
expiration of 3 years after final payment under this contract,
or of the time periods for the particular records specified in
Subpart 4.7 of the Federal Acquisition Regulation
(48 CFR 4.7), whichever expires earlier, have access to and
the right to examine any books, documents, papers, and
records of the Contractor involving transactions related to this
contract or compliance with any clauses thereunder. The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that
the Administrator of General Services or any authorized representatives shall, until the expiration of 3 years after final
payment under the subcontract, or of the time periods for the
particular records specified in Subpart 4.7 of the Federal
Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor involving
transactions related to the subcontract or compliance with any
clauses thereunder. The term “subcontract” as used in this
clause excludes (a) purchase orders not exceeding $100,000
and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.

Objective Characteristics

(End of clause)

(Amendment 2004–02)

552-11