[Federal Register Volume 74, Number 95 (Tuesday, May 19, 2009)]
[Proposed Rules]
[Pages 23374-23376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11654]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 541 and 552
[GSAR Case 2008-G511; Docket 2009-0008; Sequence 1]
RIN 3090-AI85
General Services Administration Acquisition Regulation; GSAR Case
2008-G511; Rewrite of Part 541, Acquisition of Utility 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 Administration Acquisition Regulation (GSAR)
to revise the section of GSAR Part 541 that provides requirements for
the acquisition of utility services.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before July 20, 2009 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR Case 2008-G511 by any of
the following methods:
Regulations.gov: http://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``GSAR Case 2008-G511'' under the heading ``Comment or Submission''.
Select the link ``Send a Comment or Submission'' that corresponds with
GSAR Case 2008-G511. Follow the instructions provided to complete the
``Public Comment and Submission Form''. Please include your
[[Page 23375]]
name, company name (if any), and ``GSAR Case 2008-G511'' on your
attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW, Room 4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR Case 2008-
G511 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. Lori Sakalos at (202) 208-0498. 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-G511.
SUPPLEMENTARY INFORMATION:
A. Background
The GSA is amending the GSA Acquisition Regulation (GSAR) to update
the text addressing GSAR Part 541, Acquisition of Utility Services, and
Subpart 541.XX, Solicitation Provision and Contract Clauses. 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
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.
The 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 GSAR portion of Part 541. Subpart 541.XX is
identified as ``shaded'' for regulatory coverage. Currently, there are
no GSA-unique clauses in Part 541. However, Subpart 541.XX,
Solicitation Provisions and Contract Clauses, is added to prescribe two
GSA--unique clauses. These clauses are outlined in section 541.501,
Solicitation Provisions and Contract Clauses, and shall be inserted by
contracting officers in all utility contracts and solicitations. The
first clause, GSAR 552.241-XX, Availability of Funds for the Next
Fiscal Year or Quarter, is added as regulatory text for inclusion in
all GSA utility solicitations and contracts instead of FAR 52.232-19.
The second clause, 552.241-YY/552.233-71, Disputes (Utility Contracts),
was relocated from GSAM Part 533 and added to this subpart to
specifically align with utility acquisitions.
There were no public comments received in response to the Advanced
Notice of Proposed Rulemaking published in the Federal Register at 71
FR 7910 on February 15, 2006.
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. The GSA will consider comments from small entities
concerning the affected GSAR Parts 541 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-G511), 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. Chapter 35, et seq.
List of Subjects in 48 CFR Parts 541 and 552
Government procurement.
Dated: May 5, 2009.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, GSA proposes to amend 48 CFR Chapter 5 as set forth
below:
1. Add Part 541 to read as follows:
PART 541--ACQUISITION OF UTILITY SERVICES
Subpart 541.XX--Solicitation Provision and Contract Clauses
Sec.
541.501 Solicitation provision and contract clauses.
2. The authority citation for 48 CFR part 541 reads as follows:
Authority: 40 U.S.C. 121(c).
541.501 Solicitation provision and contract clauses.
In addition to the solicitation terms, provisions and contract
clauses at FAR 41.501(c), the contracting officer shall include the
following clauses--
(a) 552.241-XX, Availability of Funds for the Next Fiscal Year or
Quarter. As prescribed in 541.501, insert the clause 552.241-XX,
Availability of Funds for the Next Fiscal Year or Quarter, instead of
FAR 52.232-19, in all utility acquisitions.
(b) 552.241-YY, Disputes (Utility Contracts). As prescribed in
541.501, insert clause 552.241-YY, Disputes (Utility Contracts), in
solicitations and contracts for utility services subject to the
jurisdiction and regulation of a utility rate commission.
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).
4. Add sections 552.241-XX and 552.241-YY to read as follows:
552.241-XX Availability of Funds for the Next Fiscal Year or Quarter.
As prescribed in 541.501, insert the clause 541.241-XX,
Availability of Funds for the Next Fiscal Year or Quarter, instead of
FAR 52.232-19, in all utility acquisitions.
AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR OR QUARTER (DATE)
Funds are not presently available for performance under this
contract beyond ----------------. The Government's obligation for
performance of this contract beyond that date is contingent upon the
availability of appropriated funds from which payment for contract
purposes can be made. No legal liability on the part of the
Government for any payment may arise for performance under this
contract beyond ----------, until funds are made available to the
Contracting Officer for performance and until the Contractor
receives notice of availability, to be confirmed in writing by the
Contracting Officer.
(End of clause)
552.241-YY Disputes (Utility Contracts).
As prescribed in 541.501, insert clause 552.241-YY, Disputes
(Utility Contracts), in solicitations and contracts for utility
services subject to the jurisdiction and regulation of a utility rate
commission.
[[Page 23376]]
DISPUTES (UTILITY CONTRACTS) (DATE)
The requirements of the Disputes clause at FAR 52.233-1 are
supplemented to provide that matters involving the interpretation of
tariffed retail rates, tariff rate schedules, and tariffed terms
provided under this contract are subject to the jurisdiction and
regulation of the utility rate commission having jurisdiction.
(End of clause)
[FR Doc. E9-11654 Filed 5-18-09; 8:45 am]
BILLING CODE 6820-61-S