[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Proposed Rules]
[Pages 44953-44955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17540]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 512 and 552
[GSAR Case 2008-G504; Docket 2008-0007; Sequence 11]
RIN 3090-AI61
General Services Acquisition Regulation; GSAR Case 2008-G504;
Rewrite of GSAR Part 512, Acquisition of Commercial Items
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 the
language pertaining to requirements for the acquisition of commercial
items.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before September 30, 2008 to be considered
in the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR Case 2008-G504 by any of
the following methods:
Regulations.gov: http://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``GSAR Case 2008-G504'' under the heading ``Comment or Submission''.
Select the link ``Send a Comment or Submission'' that corresponds with
GSAR Case 2008-G504. Follow the instructions provided to complete the
``Public Comment and Submission Form''. Please include your name,
company name (if any), and ``GSAR Case 2008-G504'' 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.
[[Page 44954]]
Instructions: Please submit comments only and cite GSAR Case 2008-
G504 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
Mr. Michael O. Jackson at (202) 208-4949, 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-G504.
SUPPLEMENTARY INFORMATION:
A. Background
The General Services Administration (GSA) is amending the General
Services Administration Acquisition Regulation (GSAR) to revise
sections of GSAR Part 512 that provide requirements for the acquisition
of commercial items.
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 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 512 and revises the text
at GSAR 512.301, Solicitation provisions and contract clauses for the
acquisition of commercial items. GSAR clauses 552.212-70, Preparation
of Offer (Multiple Award Schedule), and 552.212-73, Evaluation--
Commercial Items (Multiple Award Schedule), are proposed for deletion
from GSAR Part 512 and proposed to be moved to GSAR Part 538, Federal
Supply Schedule Contracting, as these GSAR clauses are a better fit in
GSAR Part 538. GSAR clauses 552.212-71, Contract Terms and Conditions
Applicable to GSA Acquisition of Commercial Items and 552.212-72,
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders Applicable to GSA Acquisition of Commercial Items, are
retained with no changes.
Discussion of Comments
Four comments covering Part 512 were received in response to the
Advanced Notice of Proposed Rulemaking. A discussion of these comments
is provided below:
Comment: Add a clause to the GSAM that allows for use of FAR Part
12 in relation to constructions or remodeling of real property.
Response: Office of Federal Procurement Policy Memorandum dated
July 3, 2003 states ``Part 12, as currently promulgated, should rarely,
if ever, be used for new construction acquisitions or non-routine
alterations and repair services. In accordance with longstanding
practice, agencies should apply the policies of FAR Part 36 to these
acquisitions. Therefore, no additional language is being added to Part
12.
Comment: Revise the GSAR to address inconsistencies and
duplications between and among GSA contract clauses and FAR Part 12
that are often included in a single contract.
Response: The clauses were reviewed and any inconsistencies were
eliminated to the maximum extent possible.
Comment: Revise the GSAR to encourage contracting officers to
consider a vendor's commercial practices and policies during
negotiation of contract terms and conditions consistent with the
contracting officer's ability to tailor clauses under FAR 12.302.
Response: Current FAR Part 12 requires contracting officers to
consider a vendor's commercial practices and policies during
negotiations of contract terms and conditions.
Comment: Revise the GSAR to eliminate inconsistencies and
redundancies between the FAR and GSAR in the context of a Federal
Supply Schedule, specifically citing Federal Supply Schedule 70.
Response: The Federal Supply Schedule clauses have been reviewed
and are being published in GSAM Part 538. Inconsistencies and
redundancies between the FAR and GSAR were eliminated to the maximum
extent possible.
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 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 512 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-G504), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act applies; however, these changes to the
GSAR do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Number 3090-
0027.
List of Subjects in 48 CFR Parts 512 and 552
Government procurement.
Dated: July 23, 2008.
Al Matera
Director, Office of Acquisition Policy, U.S. General Services
Administration.
Therefore, GSA proposes to amend 48 CFR parts 512 and 552 as set
forth below:
PART 512--ACQUISITION OF COMMERCIAL ITEMS
1. The authority citation for 48 CFR part 512 is revised to read as
follows:
Authority: 40 U.S.C. 121(c).
2. Amend section 512.301 by revising paragraph (a) to read as
follows:
512.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(a) Solicitation provisions and clauses. Insert these provisions or
clauses in solicitations or solicitations and contracts, respectively,
in accordance with the instructions provided:
(1) 552.212-71, Contract Terms and Conditions Applicable to GSA
Acquisition of Commercial Items, when listed clauses apply. The clause
provides for incorporation by reference of terms and conditions which
are, to the maximum extent practicable, consistent with customary
commercial practice. If necessary, tailor this clause.
[[Page 44955]]
(2) 552.212-72, Contract Terms and Conditions Required to Implement
Statutes or Executive Orders Applicable to GSA Acquisitions of
Commercial Items, when listed clauses apply. The clause provides for
the incorporation by reference of terms and conditions required to
implement provisions of law or executive orders that apply to
commercial item acquisitions.
* * * * *
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. The authority citation for 48 CFR part 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
552.212-70 [Removed]
4. Remove section 552.212-70.
552.212-73 [Removed]
5. Remove section 552.212-73.
[FR Doc. E8-17540 Filed 7-31-08; 8:45 am]
BILLING CODE 6820-61-S