General Services Administration 2005 – Federal Register Recent Federal Regulation Documents

GSA is extending the comment period ten days for its proposal to change the Freight Management Program (FMP), Standard Tender of Service (STOS), to establish a transaction fee for transportation services provided to the Eastern Distribution Center (EDC), Burlington, NJ, Western Distribution Center (WDC), French Camp, CA, and the National Industries for the Blind (NIB) and National Industries for the Severely Handicapped (NISH). The proposed transaction fee of 4% of the total transportation charges will be deducted from transportation service provider (TSP) invoices prior to payment via the GSA Transportation Management Services Solution (TMSS). The notice was previously published in the Federal Register at 70 FR 73248, December 9, 2005.

This notice announces GSA Federal Travel Regulation (FTR) Bulletin 05-08. This Bulletin informs agencies that in accordance with the OMB Circular A-123 (revised), Appendix B, issued August 5, 2005, new travel charge card policies and guidance are issued to Executive Branch departments and agencies in order to help reduce the risk of fraud, misuse, and late payments. OMB Circular A-123 (revised), Appendix B is effective October 1, 2005. Bulletin FTR 05-08 may be found at www.gsa.gov/ftrbulletins. An amendment to the FTR on the use of the government issued travel charged card is forthcoming.

GSA proposes a change to the Freight Management Program (FMP), Standard Tender of Service (STOS), to establish a transaction fee for transportation services provided to the Eastern Distribution Center (EDC), Burlington, NJ, Western Distribution Center (WDC), French Camp, CA, and the National Industries for the Blind (NIB) and National Industries for the Severely Handicapped (NISH). The proposed transaction fee of 4% of the total transportation charges will be deducted from transportation service provider (TSP) invoices prior to payment via the GSA Transportation Management Services Solution (TMSS).

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration will be submitting to the Office of Management and Budget (OMB) a request to review and approve a renewal of a currently approved information collection requirement regarding tax adjustments under leasehold acquisitions. This collection requires contractors to submit information to the Government to substantiate an increase or decrease in real estate taxes under a leasehold acquisition so that the Government can make tax adjustments as necessary to the leasehold acquisition. Information collected under this authority is necessary to assess proper tax adjustments against each leasehold acquisition. The clearance currently expires on April 30, 2006. Public comments are particularly invited on: Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; ways to minimize the burden of the information collection on respondents including through the use of automated collection techniques or other forms of information technology.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration has submitted to the Office of Management and Budget (OMB) a request to review and approve a renewal of a currently approved information collection requirement regarding zero burden information collection reports. A request for public comments was published at 70 FR 24043, May 6, 2005. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have extended the due date by two weeks for public comments on their proposed rule that would amend the Federal Acquisition Regulation (FAR) to implement section 1432 of the National Defense Authorization Act for Fiscal Year 2004. Title XIV of the Act, referred to as the Services Acquisition Reform Act of 2003 (SARA), amended section 8002(d) of the Federal Acquisition Streamlining Act of 1994 (FASA) to expressly authorize the use of time- and-materials (T&M) and labor-hour (LH) contracts for certain categories of commercial services under specified conditions. The proposed rule was published in the Federal Register at 70 FR 56318, September 26, 2005.

The General Services Administration (GSA) announces its intent to prepare an Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA) of 1969 to assess the potential impacts of the construction of a Central Records Complex in the delineated area of Frederick County, Virginia. At the request of the Federal Bureau of Investigations (FBI), the GSA is proposing to provide for lease construction of up to 947,000 rentable square feet (RSF) for the creation of a Central Records Complex in the delineated areas of Frederick County, Virginia. The project proposes new construction of a records storage facility, a data center for the FBI and Department of Justice (DOJ), an administrative offices building and a common support building. This facility will consolidate the FBI's various records management activities in Washington, DC and around the country into a state-of-the-art records storage facility to comply with National Archives and Records Administration (NARA) standards. This project will provide for the consolidation of FBI's various records management activities and relieve overcrowding at existing facilities by providing 947,000 rentable square feet for approximately 1200 employees: Office Building 150,000 usable square feet Archive Building 495,000 usable square feet Data Centers 227,000 usable square feet A public advertisement was placed in the local newspapers and Fed BizOps on September 20, 2005 expressing the government's interest in acquiring an assignable land option for this project. The following three sites will serve as alternatives in the Environmental Impact Statement, including the No Action Alternative: Alternative 1: Construct a Central Records Complex at 831 Shady Elm Road, Winchester, Virginia. Alternative 2:Construct a Central Records Complex at the Carpers Valley Golf course (Route 50), Winchester,Virginia. Alternative 3: Construct a Central Records Complex at 200-299 Woodbine Rd, Clear Brook, Virginia. No Action Alternative: Under the no action alternative, the Central Records Facility will not be constructed in the delineated area of Frederick County, VA. This alternative is included to provide a basis for comparison to the action alternatives described above as required by NEPA regulations (40 CFR 1002.14(d)). GSA invites individuals, organizations and agencies to submit comments concerning the scope of the EIS. The public scoping period starts with the publication of this notice in the Federal Register and will continue for forty five (45) days from the date of this notice. GSA will consider all comments received or postmarked by that date in defining the scope of the EIS. GSA expects to issue a Draft EIS in Spring 2006 at which time its availability will be announced in the Federal Register and local media. A public comment period will commence upon publication of the Notice of Availability. The GSA will consider and respond to comments received on the Draft EIS in preparing the Final EIS.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council are issuing amendments to the Federal Acquisition Regulation (FAR) to correct references included in FAC 2005-06, FAR cases 2004-018, Information Technology Security (Item I), and 2004-006, Accounting for Unallowable Costs (Item IX), which were published in the Federal Register at 70 FR 57449 and 57463, September 30, 2005.

The General Services Administration (GSA) has reviewed the lodging rates of certain locations in the States of California, Colorado, Florida, Georgia, Idaho, Kansas, Missouri, New Jersey, New York, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia and Wisconsin and determined that they are inadequate. Also, GSA is changing the FY 2006 meals and incidental expenses rate in Illinois, city of Chicago, including Cook and Lake Counties, to provide for the reimbursement of Federal employees' meals and incidental expenses covered by the per diem. The per diems prescribed in Bulletin 06-03 may be found at https://www.gsa.gov/perdiem.

The General Services Administration (GSA) announces the availability of the Draft Environmental Impact Statement (EIS) for Improvements to the Andrade Port of Entry, Andrade, California, for public review and comment. The EIS provides GSA and its stakeholders an analysis of the environmental impacts resulting from ongoing operations as well as reasonable alternatives for new operations and facilities at the Andrade Port of Entry, located in southeastern California, and a potential new Port of Entry west of Yuma, Arizona.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning the Davis-Bacon Act price adjustment (actual method). The clearance currently expires on March 31, 2006. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to include the process of validating a Central Contractor Registration (CCR) registrant's taxpayer identification number (TIN) with the Internal Revenue Service (IRS) to improve data accuracy in the Federal procurement system. Additionally, the proposed amendment removes outdated language requiring modifications of contracts prior to December 31, 2003, regarding CCR.

The General Services Administration (GSA) is providing notice of a revision to the record system, Travel System (GSA/PPFM-3). The system provides control over the expenditure of funds for travel, relocation, and related expenses. The revision includes a new category of records, credit data, as required by the Consolidated Appropriations Act, 2005 (P.L. 108-447) and Office of Management and Budget guidance. The notice also updates authorities, includes minor editing for clarification purposes, and updates routine uses.

The General Services Administration (GSA) is providing notice of a revision to the record system, Purchase Card Program (GSA/PPFM4- 10). The system provides control over expenditure of funds through the use of Federal Government purchase cards. The revision includes a new category of records, credit data, as required by the Consolidated Appropriations Act, 2005 (P.L. 108-447) and Office of Management and Budget guidance. The notice also updates authorities, includes minor editing for clarification purposes, and updates routine uses.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning past performance information. A request for public comments was published in the Federal Register at 70 FR 45370, August 5, 2005. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

The General Services Administration (GSA) is making a technical correction to the lodging rates of certain locations in the States of Florida and Ohio. The per diems prescribed in Bulletin 06-2 may be found at www.gsa.gov/perdiem.

This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator for the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005-06 which amend the FAR. An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005-06 which precedes this document. These documents are also available via the Internet at http:/ /www.acqnet.gov/far.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) by revising the relocation cost principle to permit contractors the option of being reimbursed on a lump-sum basis for three types of employee relocation costs: costs of finding a new home; costs of travel to the new location; and costs of temporary lodging. These three types of costs are in addition to the miscellaneous relocation costs for which lump- sum reimbursements are already permitted.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to cancel for civilian agencies (except National Aeronautics and Space Administration (NASA) and Coast Guard) the Small Disadvantaged Business (SDB) price evaluation adjustment which was originally authorized under the Federal Acquisition Streamlining Act of 1994 (Public Law 103-355, Sec. 7102). Civilian agencies (except NASA and Coast Guard) are not authorized to apply the price evaluation adjustment to their acquisitions.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed to finalize, without change, the interim rule published in the Federal Register at 70 FR 11740, March 9, 2005. This rule implements Section 821 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. Section 821 added landscaping and pest control services to the Small Business Competitiveness Demonstration Program.

The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have agreed to convert the interim rule published in the Federal Register at 55 FR 3190, January 30, 1990, to a final rule with several minor changes. The interim rule amended the Federal Acquisition Regulation (FAR) to implement section 319 of the Department of the Interior and Related Agencies Appropriations Act, Public Law 101-121, which added a new section 1352 to title 31 U.S.C. entitled ``Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions.'' Section 319 generally prohibits recipients of Federal contracts, grants, and loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, or loan. Section 319 also requires that each person who requests or receives a Federal contract, grant, or cooperative agreement in excess of $100,000, or a loan, or Federal commitment to insure or guarantee a loan, in excess of $150,000 must disclose lobbying with other than appropriated funds.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to implement Section 1427(b) of the Services Acquisition Reform Act of 2003 (Title XIV of Public Law 108-136). This final rule emphasizes the requirement to place orders for architect- engineer services consistent with the FAR and reiterates that such orders shall not be placed under General Services Administration (GSA) multiple award schedule (MAS) contracts and Governmentwide task and delivery order contracts unless the contracts were awarded using the procedures as stated in the FAR.

This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-06. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.acqnet.gov/far.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning indirect cost rates. The clearance currently expires on December 31, 2005. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the FAR regarding payments under Time-and-Materials (T&M) and Labor-Hour (LH) Contracts.