[Federal Register: June 9, 2008 (Volume 73, Number 111)]
[Proposed Rules]
[Page 32514-32515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn08-18]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 533 and 552
[GSAR Case 2007-G501; Docket 2008-0007; Sequence 1]
RIN 3090-AI49
General Services Acquisition Regulation; GSAR Case 2007-
G501;Protests, Disputes, and Appeals
AGENCY: Office of the Chief Acquisition Officer, General Services
Administration (GSA).
ACTION: Proposed rule.
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SUMMARY: The General Services Administration (GSA) is proposing to
amend the General Services Acquisition Regulation (GSAR) to update
language pertaining to protests, disputes, and appeals. This project is
part of the GSAM Rewrite Project, in which all parts of the regulation
are being reviewed and updated to include new statutes, legislation,
and policies.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before August 8, 2008 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR Case 2007-G501 by any of
the following methods:
Regulations.gov: http://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``GSAR Case 2007-G501'' under the heading ``Comment or Submission''.
Select the link ``Send a Comment or Submission'' that corresponds with
GSAR Case 2007-G501. Follow the instructions provided to complete the
``Public Comment and Submission Form''. Please include your name,
company name (if any), and ``GSAR Case 2007-G501'' on your attached
document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW, Room 4041, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR Case 2007-
G501 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: For clarification of content, contact
Ms. Meredith Murphy at (202) 208-6925, or by e-mail at
meredith.murphy@gsa.gov. For information pertaining to the status or
publication schedules, contact the Regulatory Secretariat (VPR), Room
4041, GS Building, Washington, DC 20405, (202) 501-4755. Please cite
GSAR Case 2007-G501.
SUPPLEMENTARY INFORMATION:
A. Background
The General Services Administration (GSA) proposes to amend the
General Services Administration Acquisition Regulation (GSAR) to update
the text addressing protests, disputes, and appeals. This rule is a
result of the General Services Administration Acquisition Manual (GSAM)
Rewrite initiative undertaken by GSA to revise the GSAM to maintain
consistency with the FAR and implement streamlined and innovative
acquisition procedures that contractors, offerors, and GSA contracting
personnel can utilize when entering into and administering contractual
relationships. The GSAM incorporates the General Services
Administration Acquisition Regulation (GSAR) as well as internal agency
acquisition policy.
GSA will rewrite each part of the GSAR and GSAM, and as each GSAR
part is rewritten, will publish it in the Federal Register.
This rule covers the rewrite of GSAR Part 533, Protests, Disputes,
and Appeals. GSAR Part 533 includes two subparts. GSAR Subpart 533.1,
Protests, included only the prescription for a GSA-unique clause,
552.233-70, Protests Filed Directly with the General Services
Administration. However, GSA proposes to delete this clause in its
entirety because it repeated much of the FAR clause, and the remaining
[[Page 32515]]
information is available to contractors on the internet in GSAM Subpart
533.1.
GSAR Subpart 533.2, Disputes and Appeals, has three sections,
including the prescription for a utility disputes clause. Editorial
changes were made to GSAR 533.211, Contracting officer's decision, so
as not to repeat the information that must be included, as prescribed
in FAR 33.211, to clarify the GSA-unique requirements, and to recognize
that the GSA Board of Contract Appeals'(GSBCA) duties are now vested in
the Civilian Board of Contract Appeals (CSBA). No other changes were
made to this subpart. In addition, the clause at GSAR 552.233-71,
Disputes (Utility Contracts), and its prescription at GSAR 533.215,
were deleted at the request of the GSA Public Buildings Service.
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 under5 U.S.C. 804.
B. Regulatory Flexibility Act
The General Services Administration does not expect this proposed
rule to 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 this rule will only impact an offeror that
is submitting a protest or has a dispute with GSA. Further, GSA is
proposing only minor changes in the regulations and procedures for
pursuing either action. For these reasons, it is expected that the
number of entities impacted by this rule will be minimal. An Initial
Regulatory Flexibility Analysis has, therefore, not been performed. We
invite comments from small businesses and other interested parties. GSA
will consider comments from small entities concerning the affected GSAR
Parts 533 and 552 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 2007-G501), in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the GSAR do not impose information collection requirements
that require the 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: May 30, 2008
David A. Drabkin,
Acting Chief Acquisition Officer & Senior Procurement Executive Office
of the Chief Acquisition Officer.
Therefore, GSA proposes to amend 48 CFR parts 533 and 552 as set
forth below:
1. The authority citation for 48 CFR parts 533 and 552 continues to
read as follows:
Authority: 40 U.S.C. 486(c).
PART 533--PROTESTS, DISPUTES, AND APPEALS
Subpart 533.1 [Removed]
2. Remove subpart 533.1, Protests.
3. Add section 533.209 to Subpart 533.2 to read as follows:
533.209 Suspected fraudulent claims.
In GSA, the agency official responsible for investigating fraud is
the Office of Inspector General.
4. Revise section 533.211 to read as follows:
533.211 Contracting officer's decision.
The contracting officer's written decision must include the
paragraph at FAR 33.211(a)(4)(v). The contracting officer shall state
in the decision that a contractor's notice of appeal to the Civilian
Board of Contract Appeals (CBCA) should include a copy of the
contracting officer's decision.
533.215 [Removed]
5. Remove section 533.215.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
552.233-70 and 552.233-71 [Removed]
6. Remove sections 552.233-70 and 552.233-71.
[FR Doc. E8-12572 Filed 6-6-08; 8:45 am]
BILLING CODE 6820-61-S