[Federal Register Volume 73, Number 122 (Tuesday, June 24, 2008)]
[Proposed Rules]
[Pages 35614-35615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14224]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 542 and 552
[GSAR Case 2008-G512; Docket 2008-0007; Sequence 8]
RIN 3090-AI59
General Services Acquisition Regulation; GSAR Case 2008-G512;
Rewrite of GSAR Part 542; Contract Administration and Audit Services
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 revise
language pertaining to requirements for contract administration and
audit services.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before August 25, 2008 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR Case 2008-G512 by any of
the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``GSAR Case
2008-G512'' under the heading ``Comment or Submission''. Select the
link ``Send a Comment or Submission'' that corresponds with GSAR Case
2008-G512. Follow the instructions provided to complete the ``Public
Comment and Submission Form''. Please include your name, company name
(if any), and ``GSAR Case 2008-G512'' 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 2008-
G512 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. 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 2008-G512.
SUPPLEMENTARY INFORMATION:
A. Background
The General Services Administration (GSA) is amending the General
Services Administration Acquisition Regulation (GSAR) to update the
text addressing GSAR 542.1107, Production Surveillance and Reporting,
Subpart 542.15, Contractor Performance Information, and the GSAR clause
at 552.242-70, Status Report of Orders and Shipments. This proposed
rule is a result of the General Services Administration Acquisition
Manual (GSAM) rewrite initiative. The initiative was undertaken by GSA
to revise the GSAM so as to maintain consistency with the FAR and
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, GSA will publish it in the Federal Register.
This proposed rule covers the rewrite of GSAR Part 542. The
proposed rule revises GSAM Part 542 to update the text addressing GSAR
Subpart 542.1107, Production Surveillance and Reporting, Subpart
542.15, Contractor Performance Information, and the GSAR clause at
552.242-70, Status Report of Orders and Shipments. The language in the
contract clause at 542.1107, is revised to add emphasis to the
contracting officer's responsibilities. The GSAR clause at 552.242-70,
Status Report of Orders and Shipments, is revised to update information
about the cited GSA office. The language in GSAR Subpart 542.15,
Contractor Performance Information, is reorganized and removed from
inclusion in the GSAR. This is guidance to contracting officers, and
not requirements for contractors.
Discussion of Comments
There were two public comments received in response to the Advanced
Notice of Proposed Rulemaking. One commenter requested that specific
GSA guidelines be applied to the timeframe for novation and name
changes by the contracting officer. The Agency did not agree. This
suggestion is not necessary. The Agency believes that the FAR coverage
is detailed enough to cover all aspects of novation and name changes.
The language provided in the GSAM is guidance for contracting officers,
and not requirements for contractors. The second commenter stated that
the FAR is substantially more specific than the GSAM. The Agency
agrees. The GSAM only supplements the FAR.
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 the revisions are not considered
substantive. The revisions only update and reorganize existing
coverage. 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 542 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 2008-G512), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) applies because the
proposed rule contains information collection requirements. However,
the proposed changes to the GSAR do not impose additional information
collection requirements that require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq. to the
[[Page 35615]]
paperwork burden previously approved under OMB Control Number 3090-
0027.
List of Subjects in 48 CFR Parts 542 and 552
Government procurement.
Dated: June 18, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, GSA proposes to amend 48 CFR parts 542 and 552 as set
forth below:
1. The authority citation for 48 CFR parts 542 and 552 revised to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 542--CONTRACT ADMINISTRATION AND AUDIT SERVICES
2. Revise section 542.1107 to read as follows:
542.1107 Contract clause.
The contracting officer shall insert 552.242-70, Status Report of
Orders and Shipments, in solicitations and indefinite quantity and
requirements contracts for Stock or Special Order Program items. The
clause may be used in indefinite delivery definite quantity contracts
for Stock or Special Order Program items when close monitoring is
necessary because numerous shipments are involved.
542.1503-71 [Removed]
3. Remove section 542.1503-71.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Amend section 552.242-70 by--
a. Revising the date of the clause;
b. Removing from paragraph (a) ``FQC'' and adding ``QVOC'' in its
place, respectively; and
c. Revising paragraph (b).
The revised text reads as follows:
552.242-70 Status Report of Orders and Shipments.
* * * * *
STATUS REPORT OF ORDERS AND SHIPMENTS (DATE)
* * * * *
(b) A copy of GSA Form 1678 will be forwarded to the Contractor
with the contract. Additional copies of the form, if needed, may be
reproduced by the Contractor.
(End of clause)
[FR Doc. E8-14224 Filed 6-23-08; 8:45 am]
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