[Federal Register Volume 74, Number 151 (Friday, August 7, 2009)]
[Rules and Regulations]
[Pages 39563-39564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19001]
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 502
[GSAR Amendment 2009-10; GSAR Case 2008-G501 (Change 38) Docket 2009-
0012; Sequence 1]
RIN 3090-AI90
General Services Administration Acquisition Regulation; GSAR Case
2008-0501, Rewrite of Part 502, Definitions of Words and Terms
AGENCIES: General Services Administration (GSA), Office of the Chief
Acquisition Officer.
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) to revise
sections of GSAR Part 502 that provide definitions for general words
and terms. This section will only contain definitions for terms that
are used in more than one place in the GSAR.
DATES: Effective Date: August 7, 2009.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Edward Loeb, Procurement Analyst, at (202) 501-0650. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat (VPR), Room 4041, 1800 F Street, NW.,
Washington, DC 20405, (202) 501-4755. Please cite Amendment 2009-10,
GSAR case 2008-G501 (Change 38).
SUPPLEMENTARY INFORMATION:
A. Background
The GSA is amending the GSAR to update the text addressing GSAR
502.101, Definition of Words and Terms. This rule is a result of the
GSA 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 GSAR
as well as internal agency acquisition policy.
The GSA will rewrite each part of the GSAR and GSAM, and as each
part is rewritten, will publish it in the Federal Register.
This rule covers the rewrite of GSAR Part 502. The rule revises
Part 502 to update the text addressing GSAR 502.101, Definition of
Words and Terms. The section was changed to reflect the merger of the
Federal Technology Service and Federal Supply Service; creation of the
Federal Acquisition Service; and deletion of the title Deputy Associate
Administrator of Acquisition Policy, and introduction of Deputy Chief
Acquisition Officer. No additional definitions were added. The GSA is
publishing this as a final rule. The changes are considered
administrative.
Discussion of Comments
The GSA published an Advance Notice of Proposed Rulemaking (ANPR)
with request for comments at 71 FR 7910 on February 15, 2006. The
comments have been addressed in previous Federal Register Notices (FRN)
based on the part to which the comment referred. Remaining comments
that were not addressed in previous FRN are being addressed here.
Following are five comments.
1. Comment
One comment was received from numerous small businesses stating
that they believe the GSAR may unnecessarily impose an adverse
significant economic impact on a substantial number of small entities
and is concerned that any changes GSA might propose will fail to
address the biggest problem affecting small business today. The
commenter further states that GSA policies must address the major
problems that continue to allow this to happen. The commenter's main
concern is that there is not enough oversight at the Federal level and
large businesses have been finding loopholes that result in small
business contracts not getting their fair share of Federal Government
small business contracts. The commenter further states that GSA
policies must address the major problems that continue to allow this to
happen and that GSA propose policies to ensure that 23 percent of
Federal contracts go to legitimate small businesses, as the law
requires.
Response
The GSA non-concurs. The comment is outside the scope of the GSAM.
The U.S. Government Accountability Office has the primary oversight for
fraud, abuse and loopholes. Further, the GSA is only one agency that
contributes to the government-wide statutory 23 percent goal. GSA
continually exceeds the 23 percent goal.
2. Comment
Another commenter recommended that the GSAR be revised to provide
that contractors may apply general and administrative costs (G&A) to
travel costs and other direct changes in
[[Page 39564]]
accordance with each vendor's approved cost accounting standards
disclosure statement.
Response
The GSA non-concurs. Part 31 of the FAR does not prescribe the
types of direct charges, such as travel, against which indirect costs
may be applied. Rather, it provides broad discretion to an organization
in selecting the bases for charging indirect costs. Travel is one of
innumerable direct costs that can serve as a base for the application
of indirect costs, provided that such indirect charges are in
compliance with the organization's approved Cost Accounting Standards
(CAS) disclosure statement. To the extent that travel is among a large
number of potential bases for the charging of indirect costs, there is
no compelling reason to single out travel in the FAR, much less the
GSAR, as such a base.
3. Comment
Another commenter recommended that the GSAM clarify the requirement
to establish and maintain Earned Value Management Systems in a manner
consistent with current Department of Defense policy.
Response
The GSA non-concurs. Change 19 to the GSAM adds coverage to Part
534, Major Systems Acquisition, to provide guidance on the
implementation of Earned Value Management Systems in GSA contracts.
4. Comment
Another commenter recommended revision of the GSAR to clarify the
ability of agencies to enter into share-in-savings contracts.
Response
The GSA non-concurs. The statute governing share-in-savings
contracts for information technology expired several years ago. Some
agencies still have authority to enter into share-in-savings contracts
for other purposes, such as energy savings performance contracting.
Those agencies may provide guidance regarding share-in-savings
contracts pertaining to their respective agencies.
5. Comment
Another commenter recommended revising the Assignment of Claims
clause to facilitate contractor teaming arrangements. The commenter
further stated that the clause should permit one teammate to be the
lead and issue invoices and accept payment on behalf of the other
teammate(s).
Response
The GSA non-concurs. This change is outside the scope of the GSAM
rewrite. A change of this nature would require a change to the FAR, not
the GSAM.
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 certifies that this final rule
will not 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 clarify existing coverage.
No new definitions were added.
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 Part 502
Government procurement.
Dated: July 6, 2009.
Rodney P. Lantier,
Acting Senior Procurement Executive and Acting Deputy Chief Acquisition
Officer, Office of the Chief Acquisition Officer, General Services
Administration.
0
Therefore, GSA amends 48 CFR part 502 as set forth below:
PART 502--DEFINITIONS OF WORDS AND TERMS
0
1. The authority citation for 48 CFR part 502 continues to read as
follows:
Authority: 40 U.S.C. 486(c).
0
2. Revise section 502.101 to read as follows:
502.101 Definitions.
Agency competition advocate means the GSA Competition Advocate in
the Office of the Chief Acquisition Officer.
Assigned counsel means the attorney employed by the Office of
General Counsel (including offices of Regional Counsel) assigned to
provide legal review or assistance.
Contracting activity competition advocate means the individual
designated in writing by the Head of the Contracting Activity (HCA).
This authority may not be redelegated. The HCA must ensure that the
designated competition advocate is not assigned any duty or
responsibility that is inconsistent with the advocacy function. The
identity of the designated official shall be communicated to procuring
staff and the Senior Procurement Executive.
Contracting director means:
(a) Except in the Federal Acquisition Service (FAS), a director of
a Central Office or Regional office Division responsible for performing
contracting or contract administration functions.
(b) In FAS Central Office--
(1) The Assistant Commissioner for Assisted Acquisition Services or
designee;
(2) The Assistant Commissioner for General Supplies and Services or
designee;
(3) The Assistant Commissioner for Integrated Technology Services
or designee;
(4) The Assistant Commissioner for Travel, Motor Vehicle and Card
Services or designee; and
(5) The Assistant Commissioner for Acquisition Management or
designee for support offices with contracting functions.
(c) In FAS Regions, the Assistant Regional Commissioner or
designee.
Contracting officer's representative (COR), contracting officer's
technical representative (COTR), or contract administrator means a
Government employee designated in writing by the contracting officer to
perform specific limited activities for the contracting officer, such
as contract administration.
Debarring official or ``suspending official'' means the Senior
Procurement Executive or a designee.
Head of the contracting activity means the Deputy Chief Acquisition
Officer; Commissioners of the Federal Acquisition Service (FAS) or
Public Buildings Service (PBS); or Regional Commissioners. The Deputy
Chief Acquisition Officer serves as the HCA for Central Office
contracting activities outside of FAS and PBS.
Senior procurement executive means the Deputy Chief Acquisition
Officer.
Senior program official means a person reporting to, and designated
by, the HCA to have overall program responsibility for determining how
the agency will meet its needs. The official should have a position of
authority over the participating offices. Examples include Assistant
Regional Commissioners or Deputy Commissioners.
[FR Doc. E9-19001 Filed 8-6-09; 8:45 am]
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