[Federal Register Volume 70, Number 2 (Tuesday, January 4, 2005)]
[Rules and Regulations]
[Pages 298-299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-82]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 533 and 552
GSAR Amendment 2004-05; GSAR Case 2004-G501 (Change 13)
RIN 3090-AH98
General Services Administration Acquisition Regulation; Disputes
and Appeals
AGENCIES: General Services Administration (GSA), Office of the Chief
Acquisition Officer.
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) to add a
clause that supplements the Disputes clause in the Federal Acquisition
Regulation (see 48 CFR Chapter 1).
DATES: Effective Date: January 4, 2005.
FOR FURTHER INFORMATION CONTACT: Ms. Laurieann Duarte, Regulatory
Secretariat (VIR), Room 4035, GS Building, Washington, DC, 20405, (202)
501-4225, for information pertaining to status or publication
schedules. For clarification of content, contact Mr. Ernest Woodson,
Procurement Analyst, at (202) 501-3775. Please cite Amendment 2004-05,
GSAR case 2004-G501 (Change 13).
SUPPLEMENTARY INFORMATION:
A. Background
Federal Acquisition Regulation (FAR) Subpart 33.2 (48 CFR subpart
33.2) implements the requirements of the Contract Disputes Act of 1978,
as amended (41 U.S.C. 601-613) (the Act), which establishes procedures
and requirements for asserting and resolving claims subject to the Act.
It is the Government's policy to resolve all contractual issues in
controversy by mutual agreement at the contracting officer level. The
Act provides for Agencies Boards of Contract Appeals (Boards) and the
United States Court of Federal Claims (Court) to resolve appeals of a
contracting officer's decision. However, the Boards and Court do not
have authority to interpret tariffs or tariff-related matters
established through public hearings in each jurisdiction for regulated
utilities. The authority pertaining to these matters lie with state
public utility commissions.
A proposed rule was published in the Federal Register at 69 FR
40730, July 6, 2004. No comments were received from the public.
FAR section 33.215 requires that the clause 52.233-1, Disputes, be
inserted in all solicitations and contracts, except those with a
foreign government or agency of that government, or an international
organization or subsidiary body of that organization, if the agency
head determines that the application of the Act to the contract would
not be in the public interest. GSA's Public Buildings Service awards
contracts for public utility services. From time-to-time, disputes may
arise from those contracts that involve tariffs and tariff-related
matters. This rule provides for a supplement to FAR 52.233-1, Disputes,
allowing for such disputes to be subject to the jurisdiction and
regulation of the utility rate commission having jurisdiction. This
rule also provides GSA contracting officers and contractors, acting
under a utility service contract, with specific guidance regarding the
resolution of disputes
[[Page 299]]
involving tariffs and tariff-related matters.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The General Services Administration certifies that this final rule
will not 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 the majority of small entities that are in
the industry were established as a result of deregulation and are not
subject to the utility rate commissions. Also, this is intended to be a
clarification of existing law, not a substantive change. A Final
Regulatory Flexibility Act Analysis was, therefore, not performed.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the GSAR do not impose recordkeeping or information collection
requirements, or otherwise collect information from offerors,
contractors, or members of the public that require approval of the
Office of Management and Budget under 44 U.S.C.3501, et seq.
List of Subjects in 48 CFR Parts 533 and 552
Government procurement.
Dated: December 27, 2004.
David A. Drabkin,
Senior Procurement Executive, Office of the Chief Acquisition Officer.
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Therefore, GSA amends 48 CFR parts 533 and 552 as set forth below:
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1. The authority citation for 48 CFR parts 533 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 533--PROTESTS, DISPUTES, AND APPEALS
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2. Add section 533.215 to read as follows:
533.215 Contract clause.
Insert the clause at 552.233-71, Disputes (Utility Contracts), in
solicitations and contracts for utility services subject to the
jurisdiction and regulation of a utility rate commission.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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3. Add section 552.233-71 to read as follows:
552.233-71 Disputes (Utility Contracts).
As prescribed in 533.215, insert the following clause:
DISPUTES (UTILITY CONTRACTS) (JAN 2005)
The requirements of the Disputes clause at FAR 52.233-1 are
supplemented to provide that matters involving the interpretation of
tariffed retail rates, tariff rate schedules, and tariffed terms
provided under this contract are subject to the jurisdiction and
regulation of the utility rate commission having jurisdiction.
(End of clause)
[FR Doc. 05-82 Filed 1-3-05; 8:45 am]
BILLING CODE 6820-61-S