[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Proposed Rules]
[Pages 32277-32278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12694]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 547 and 552
[GSAR Case 2006-G518; Docket 2008-0007; Sequence 6]
RIN 3090-AI52
General Services Acquisition Regulation; GSAR Case 2006-G518;
Rewrite of GSAR Part 547, Transportation
AGENCY: Office of the Chief Acquisition Officer, General Services
Administration (GSA).
ACTION: Proposed rule with request for comments.
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SUMMARY: The General Services Administration (GSA) is proposing to
amend the General Services Acquisition Regulation (GSAR) to revise GSAR
language that provides requirements for transportation. 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 to implement streamlined and innovative
acquisition procedures that contractors, offerors and GSA contracting
personnel can use 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 is one of the series of revisions to 48 CFR Chapter 5. It
covers the rewrite of GSAR Part 547, Transportation.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before August 5, 2008 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR Case 2006-G518 by any of
the following methods:
Regulations.gov: http://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``GSAR Case 2006-G518'' under the heading ``Comment or Submission''.
Select the link ``Send a Comment or Submission'' that corresponds with
GSAR Case 2006-G518. Follow the instructions provided to complete the
``Public Comment and Submission Form''. Please include your name,
company name (if any), and ``GSAR Case 2006-G518'' 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 2006-
G518 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
Jeritta Parnell at (202) 501-4082, or by e-mail at
[email protected]. 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 2006-G518.
SUPPLEMENTARY INFORMATION:
A. Background
The GSAR Rewrite Project
On February 15, 2006, GSA published an Advance Notice of Proposed
Rulemaking (ANPR) with request for comments because GSA is beginning
the review and update of the General Services Administration
Acquisition Regulation (GSAR).
The GSAR rewrite will--
Consider comments received from the ANPR, published in the
Federal Register at 71 FR 7910, February 15, 2006.
Change ``you'' to ``contracting officer.''
Maintain consistency with the FAR but eliminate
duplication.
Revise GSAR sections that are out of date, or impose
inappropriate burdens on the Government or contractors, especially
small businesses.
Streamline and simplify by incorporation of all GSA
acquisition policies, i.e., acquisition letters, alerts, and FAS manual
information.
In addition, GSA has recently reorganized into two, rather than
three services. Therefore, the reorganization of the Federal Supply
Service (FSS) and the Federal Technology Service (FTS) into the Federal
Acquisition Service (FAS) will be considered in the rewrite initiative.
The Rewrite of Part 547
This proposed rule contains the revisions made to Part 547,
Transportation. The information contained in the five sections;
547.300, 547.303, 547.304, 547.305, and 547.370 is proposed for
deletion from Part 547. In addition, clauses 552.247-70, Placarding
Railcar Shipments, and 552.247-71, Diversion of Shipment Under f.o.b.
Destination Contracts, are proposed for deletion from 552.547. This
information is deemed specific to the FAS organization and its special
order program and stock program. This information is not used in the
Multiple Award Schedule Program. The coverage and the clauses were
evaluated and deemed not necessary for inclusion into the GSAR. The FAR
coverage in 47.103, 47.3, and 52.243-1 (48 CFR Chapter 1) is sufficient
and does not need to be supplemented by further information in the
GSAR.
Discussion of Comments
As a result of the ANPR, GSA received one comment pertaining to
GSAR Part 547.
One commenter suggested making the GSAR consistent with the FAR and
to eliminate inconsistencies and redundancies between the FAR and GSAR.
The commenter further provided an example of a FAR deviation used under
a Federal Supply Schedule 70, stating ``that GSA should consider
whether the various delivery and packaging requirements can be
simplified and require delivery and packaging that comports with the
contractor's standard commercial practices.'' GSA partially agrees with
the commenter and has initiated this rewrite of the GSAM/GSAR to
correct or clarify such inconsistencies. However, GSA believes that in
this instance cited by the commenter, that the risk of loss or damage
to supplies shall remain with the contractor until the Government takes
possession of the supplies, as
[[Page 32278]]
specified f.o.b. origin or destination, whichever the contract so
states.
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 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 the rule will delete information and
clauses that are deemed unnecessary. 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 547 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 2006-G518), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the GSAM 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 547 and 552
Government procurement.
Dated: June 2, 2008.
Al Matera,
Director, Office of Acquisition Policy, General Services
Administration.
Therefore, GSA proposes to amend 48 CFR parts 547 and 552 as set
forth below:
1. The authority citation for 48 CFR parts 547 and 552 is revised
to read as follows:
AUTHORITY: 40 U.S.C. 121(c).
PART 547 [RESERVED]
2. Part 547 is removed and reserved.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
552.247-70 [Removed]
3. Section 552.247-70 is removed.
552.247-71 [Removed]
4. Section 552.247-71 is removed.
[FR Doc. E8-12694 Filed 6-5-08; 8:45 am]
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