[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Proposed Rules]
[Pages 34240-34242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13593]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Part 501
[GSAR Case 2006-G502; Docket 2008-0007; Sequence 5]
RIN 3090-AI53
General Services Acquisition Regulation; GSAR Case 2006-
G502;Rewrite of GSAR Part 501; General Services Administration
Acquisition Regulation System
AGENCY: Office of the Chief Acquisition Officer, General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is proposing to
amend the General Services Acquisition Regulation (GSAR) to update the
text addressing the General Services Administration Acquisition
Regulation System. 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 Federal
Acquisition Regulation (FAR), and to 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 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 501, General Services
Administration Acquisition Regulation System.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before August 18, 2008 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR Case 2006-G502 by any of
the following methods:
Regulations.gov: http://www.regulations.gov.Submit
comments via the Federal eRulemaking portal by inputting ``GSAR Case
2006-G502'' under the heading ``Comment or Submission''. Select the
link ``Send a Comment or Submission'' that corresponds with GSAR Case
2006-G502. Follow the instructions provided to complete the ``Public
Comment and Submission Form''. Please include your name, company name
(if any), and ``GSAR Case 2006-G502'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR Case 2006-
G502 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. Beverly Cromer at (202) 501-1448, or by e-mail at
[email protected]. For information pertaining to the status or
publication schedules, contact the Regulatory Secretariat (VPR), Room
4035, GS Building, Washington, DC 20405, (202) 501-4755. Please cite
GSAR Case 2006-G502.
SUPPLEMENTARY INFORMATION:
A. Background
GSA published an Advance Notice of Proposed Rulemaking (ANPR) with
request for comments in the Federal Register at 71 FR 7910, February
15, 2006, because GSA was beginning the review and update of the
General Services Administration Acquisition Regulation (GSAR). No
public comments were received on GSAR Part 501.
This GSAR rewrite will--
Change ``you'' to ``contracting officer''.
Maintain consistency with the FAR but eliminate
duplication.
Revise GSAR sections that are out-of-date, or which
imposed inappropriate burdens on the Government or contractors,
especially small businesses.
Streamline and simplify wherever possible.
[[Page 34241]]
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) was considered in the rewrite initiative.
This proposed rule contains the revisions made to Part 501, General
Services Administration Acquisition Regulation System. Section 501.101
is revised to explain that the General Services Administration
Acquisition Regulation (GSAR) implements or supplements the Federal
Acquisition Regulation (FAR) and to change ``you'' to ``contracting
officer''. Section 501.103, Authority, is updated to add a reference to
the Office of Federal Procurement Policy Act, 41 U.S.C. 421. Section
501.104 is revised to address the type of acquisitions that the GSAR
applies to and to clarify the GSAR/FAR relationship. Subsection
501.105-1 is revised to state where the GSAM can be found online and to
clarify the difference between the GSAR and the GSAM. Subpart 501.106,
is revised to provide updated OMB approval numbers under the Paperwork
Reduction Act. New Section 501.107 is added to provide procedures
regarding certification requirements in accordance with Section 29 of
the Office of Federal Procurement Policy Act (41 U.S.C. 425). It
disallows any new requirements for a certification by a contractor or
offeror in the GSAR unless certain criteria are met. Section 501.402 is
deleted because it repeats information contained in the FAR and is
therefore unnecessary. Sections 501.403 and 501.404 contain minor
editorial changes to make language clearer. Subsection 501.404-71,
Deviations to the nonregulatory GSAM, is revised to remove the language
from the GSAR and place it in the GSAM because it is procedural, not
regulatory.
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 no new requirements are being placed on
the vendor community. No comments on this issue were received from
small business concerns or other interested parties.
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 Part 501
Government procurement.
Dated: June 9, 2008
Al Matera,
Director,Office of Acquisition Policy.
Therefore, GSA proposes to amend 48 CFR part 501 as set forth
below:
1. The authority citation for 48 CFR part 501 revised to read as
follows:
Authority: 40 U.S.C. 121(c).
PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION
SYSTEM
2. Revise section 501.101 to read as follows:
501.101 Purpose.
The General Services Administration Acquisition Regulation (GSAR)
implements and supplements the Federal Acquisition Regulation (FAR). It
contains agency acquisition policies and practices, contract clauses,
solicitation provisions, and forms that control the relationship
between GSA and contractors, (including prospective contractors).
3. Revise section 501.103 to read as follows:
501.103 Authority.
GSA's Senior Procurement Executive (SPE) issues the GSAR under the
general authority of the Federal Property and Administrative Services
Act of 1949, as amended. Additional authority is found in the Office of
Federal Procurement Policy Act, at 41 U.S.C. 421.
4. Amend section 501.104 by revising paragraphs (a) and (d) to read
as follows:
501.104 Applicability.
(a) General. The GSAR applies to all acquisitions covered by the
FAR. In general, this means supplies and services, including
construction. In addition, the GSAR covers other actions, such as
leasing in Part 570.
* * * * *
(d) GSAR/FAR Relationship. The FAR is the primary document. The
GSAR only implements and supplements the FAR. The GSAR may deviate from
the Federal Acquisition Regulation (FAR), if authorized.
5. Amend section 501.105-1 by revising paragraph (c) and removing
paragraph (d) to read as follows:
501.105-1 Publication and code arrangement.
* * * * *
(c) GSA Acquisition Manual, which can be found at http://www.acquisition.gov/gsam. The GSAR is found in the gray shaded areas
within the General Services Administration Acquisition Manual (GSAM)
text on the GSAM website.
501.105-3 [Amended]
6. Amend section 501.105-3 by removing ``in CFR'' and adding ``in
the CFR'' in its place.
501.106 [Amended]
7. Amend section 501.106 by removing GSAR Reference ``511.104-70''
with OMB Control Number ``3090-0203''; adding GSAR Reference ``514.201-
1'' with OMB Control Number ``3090-0163'', and adding GSAR Reference
``515.204-1'' with OMB Control Number ``3090-0163''; removing GSAR
Reference ``523.370'' with OMB Control Number ``3090-0205'', removing
GSAR Reference ``537.110(a) '' with OMB Control Number ``3090-0006'',
and removing GSAR Reference ``552.232-72'' with OMB Control Number
``3090-0205''; and adding GSAR Reference ``552.238-75'' with OMB
Control Number ``3090-0235''.
8. Add section 501.107 to read as follows:
501.107 Certifications.
(a) In accordance with Section 29 of the Office of Federal
Procurement Policy Act (41 U.S.C. 425), a new requirement for a
certification by a contractor or offeror may not be included in the
GSAR unless--
(1) The certification requirement is specifically imposed by
statute; or
(2) The SPE provides written justification to the Administrator for
the certification, and the Administrator approves, in writing, the
inclusion of the certification.
(b) Generally, no additional certification requirement should be
contained in solicitations or clauses. However, in those rare instances
where the contracting officer must request certification of certain
types of information, approval from the SPE is required.
501.402 [Removed]
9. Remove section 501.402.
10. Revise section 501.403 to read as follows:
[[Page 34242]]
501.403 Individual deviations.
(a) An individual deviation affects only one contract action.
(1) The HCA must approve an individual deviation from the FAR. The
authority to grant an individual deviation from the FAR may not be re-
delegated.
(2) An individual deviation from the GSAR must be approved by the
HCA. The authority to grant an individual deviation from the GSAR may
be re-delegated to the Contracting Director.
(b) If GSA delegates authority to another agency and requires
compliance with the GSAR as a condition of the delegation, the
Contracting Director in the agency receiving the delegation may approve
individual deviations from the GSAR unless the agency head receiving
the delegation designates another official.
(c) A copy of the deviation must be provided to GSA's SPE.
11. Revise section 501.404 to read as follows:
501.404 Class deviations.
(a) A class deviation affects more than one contract action. A
deviation for any solicitation that will result in multiple awards, or
any solicitation under the Multiple Award Federal Supply Schedule
program is considered to be a class deviation, as more than one
contract action is affected. Each award under such a solicitation is
considered an individual contract action.
(1) A proposed class deviation from the FAR must be forwarded by
the cognizant HCA to GSA's SPE for approval. Prior to approving a class
deviation from the FAR, the SPE will consult with the Chairman of the
Civilian Agency Acquisition Council (CAAC) in accordance with FAR
1.404(a)(1).
(2) A proposed class deviation from the GSAR must be forwarded by
the cognizant HCA to GSA's SPE for approval.
(3) When an HCA knows that a proposed class deviation will be
required on a permanent basis, the HCA should propose or recommend an
appropriate FAR or GSAR revision.
(b) If GSA delegates authority to another agency and requires
compliance with the GSAR as a condition of the delegation, the HCA in
the agency receiving the delegation may approve class deviations from
the GSAR unless the agency head receiving the delegation designates
another official. A copy of the class deviation must be provided to
GSA's SPE.
(c) A request for class deviations must fully describe the need for
and the nature of the deviation and be supported by appropriate
documentation.
(d) Class deviations from the GSAR--
(1) Expire in 12 months, if not extended; and
(2) May be rescinded earlier by GSA's SPE or by officials
designated under paragraph (a) of this section without prejudice to any
action taken previously.
501.404-71 [Removed]
12. Remove section 501.404-71.
[FR Doc. E8-13593 Filed 6-16-08; 8:45 am]
BILLING CODE 6820-61-S