General Services Acquisition Regulation; GSAR Case 2008-G510; Rewrite of GSAR Part 537, Service Contracting, 32276-32277 [E8-12571]
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32276
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules
5. Revise section 517.207 to read as
follows:
517.207
Exercise of options.
In addition to the requirements of
FAR 17.207, the contracting officer must
also—
(a) Determine that the contractor’s
performance under the contract met or
exceeded the Government’s expectation
for quality performance, unless another
circumstance justifies an extended
contractual relationship; and
(b) Determine that the option price is
fair and reasonable.
517.208
[Amended]
5. Amend section 517.208 by
removing from the introductory text the
word ‘‘FSS’s’’ and adding the word
‘‘FAS’s’’ in its place.
[FR Doc. E8–12613 Filed 6–5–08; 8:45 am]
BILLING CODE 6820–61–S
GENERAL SERVICES
ADMINISTRATION
name, company name (if any), and
‘‘GSAR Case 2008–G510’’ 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–G510 in
all correspondence related to this case.
All comments received will be posted
without change to https://
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.
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–G510.
SUPPLEMENTARY INFORMATION:
48 CFR Parts 537 and 552
A. Background
[GSAR Case 2008–G510; Docket 2008–0007;
Sequence 4]
The General Services Administration
(GSA) is amending the General Services
Administration Acquisition Regulation
(GSAR) to revise sections of GSAR Part
537 that provide requirements for
service contracting.
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 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 537. The rule revises 537 to address
the text at GSAR 537.101, Definitions;
537.110 Solicitation provisions and
contract clauses; provision 552.237–70,
Qualifications of Offerors; and clause
552.237–73, Restriction on Disclosure of
Information. The language in 537.101,
Definitions, is removed from inclusion
in the GSAR. This language clarifies the
definition for ‘‘contracts for building
services’’ for contracting officers,
therefore this language is being
incorporated as non-regulatory GSAM
RIN 3090–AI54
General Services Acquisition
Regulation; GSAR Case 2008–G510;
Rewrite of GSAR Part 537, Service
Contracting
Office of the Chief Acquisition
Officer, General Services
Administration (GSA).
ACTION: Proposed rule.
dwashington3 on PRODPC61 with PROPOSALS
AGENCY:
SUMMARY: The General Services
Administration (GSA) is proposing to
amend the General Services Acquisition
Regulation (GSAR) to revise sections of
the GSAR that pertains to requirements
for service contracting.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before August 5, 2008
to be considered in the formulation of
a final rule.
ADDRESSES: Submit comments
identified by GSAR Case 2008–G510 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘GSAR Case 2008–G510’’
under the heading ‘‘Comment or
Submission’’. Select the link ‘‘Send a
Comment or Submission’’ that
corresponds with GSAR Case 2008–
G510. Follow the instructions provided
to complete the ‘‘Public Comment and
Submission Form’’. Please include your
VerDate Aug<31>2005
11:59 Jun 05, 2008
Jkt 214001
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
language. GSAR clauses 552.237–71,
Qualifications of Employees and
552.237–72, Prohibition Regarding
‘‘Quasi-Military Armed Forces’’ are
retained with no changes.
Discussion of Comments
There were no public comments
received in response to the Advanced
Notice of Proposed Rulemaking.
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 537
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–
G510), in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
apply; 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 537 and
552
Government procurement.
Dated: May 30, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, GSA proposes to amend 48
CFR parts 537 and 552 as set forth
below:
1. The authority citation for 48 CFR
parts 537 and 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
PART 537—SERVICE CONTRACTING
537.101
[Removed]
2. Remove section 537.101.
E:\FR\FM\06JNP1.SGM
06JNP1
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules
537.110
[Amended]
3. Amend section 537.110 by
removing from paragraph (a) ‘‘initiated’’
and adding ‘‘initiated with Ability One’’
in its place.
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
552.237–70
[Amended]
4. Amend section 552.237–70 by
revising the date of the provision to read
‘‘(Date)’’; and removing from paragraph
(a) ‘‘In order to’’ and adding ‘‘To’’ in its
place.
552.237–73
[Amended]
5. Amend 552.237–73 by revising the
date of the clause to read ‘‘(Date)’’; and
removing from paragraph (b)
‘‘individual’’ and adding ‘‘entity’’ in its
place.
[FR Doc. E8–12571 Filed 6–5–08; 8:45 am]
BILLING CODE 6820–61–S
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 547 and 552
[GSAR Case 2006–G518; Docket 2008–0007;
Sequence 6]
RIN 3090–AI52
General Services Acquisition
Regulation; GSAR Case 2006–G518;
Rewrite of GSAR Part 547,
Transportation
Office of the Chief Acquisition
Officer, General Services
Administration (GSA).
ACTION: Proposed rule with request for
comments.
dwashington3 on PRODPC61 with PROPOSALS
AGENCY:
SUMMARY: The General Services
Administration (GSA) is proposing to
amend the General Services Acquisition
Regulation (GSAR) to revise GSAR
language that provides requirements for
transportation. 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 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 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.
VerDate Aug<31>2005
11:59 Jun 05, 2008
Jkt 214001
This is one of the series of revisions
to 48 CFR Chapter 5. It covers the
rewrite of GSAR Part 547,
Transportation.
Interested parties should submit
written comments to the Regulatory
Secretariat on or before August 5, 2008
to be considered in the formulation of
a final rule.
ADDRESSES: Submit comments
identified by GSAR Case 2006–G518 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting ‘‘GSAR
Case 2006–G518’’ under the heading
‘‘Comment or Submission’’. Select the
link ‘‘Send a Comment or Submission’’
that corresponds with GSAR Case 2006–
G518. Follow the instructions provided
to complete the ‘‘Public Comment and
Submission Form’’. Please include your
name, company name (if any), and
‘‘GSAR Case 2006–G518’’ 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 2006–G518 in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Jeritta
Parnell at (202) 501–4082, or by e-mail
at jeritta.parnell@gsa.gov. 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 2006–G518.
SUPPLEMENTARY INFORMATION:
DATES:
A. Background
The GSAR Rewrite Project
On February 15, 2006, GSA published
an Advance Notice of Proposed
Rulemaking (ANPR) with request for
comments because GSA is beginning the
review and update of the General
Services Administration Acquisition
Regulation (GSAR).
The GSAR rewrite will—
• Consider comments received from
the ANPR, published in the Federal
Register at 71 FR 7910, February 15,
2006.
• Change ‘‘you’’ to ‘‘contracting
officer.’’
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
32277
• Maintain consistency with the FAR
but eliminate duplication.
• Revise GSAR sections that are out of
date, or impose inappropriate burdens
on the Government or contractors,
especially small businesses.
• Streamline and simplify by
incorporation of all GSA acquisition
policies, i.e., acquisition letters, alerts,
and FAS manual information.
In addition, GSA has recently
reorganized into two, rather than three
services. Therefore, the reorganization
of the Federal Supply Service (FSS) and
the Federal Technology Service (FTS)
into the Federal Acquisition Service
(FAS) will be considered in the rewrite
initiative.
The Rewrite of Part 547
This proposed rule contains the
revisions made to Part 547,
Transportation. The information
contained in the five sections; 547.300,
547.303, 547.304, 547.305, and 547.370
is proposed for deletion from Part 547.
In addition, clauses 552.247–70,
Placarding Railcar Shipments, and
552.247–71, Diversion of Shipment
Under f.o.b. Destination Contracts, are
proposed for deletion from 552.547.
This information is deemed specific to
the FAS organization and its special
order program and stock program. This
information is not used in the Multiple
Award Schedule Program. The coverage
and the clauses were evaluated and
deemed not necessary for inclusion into
the GSAR. The FAR coverage in 47.103,
47.3, and 52.243–1 (48 CFR Chapter 1)
is sufficient and does not need to be
supplemented by further information in
the GSAR.
Discussion of Comments
As a result of the ANPR, GSA
received one comment pertaining to
GSAR Part 547.
One commenter suggested making the
GSAR consistent with the FAR and to
eliminate inconsistencies and
redundancies between the FAR and
GSAR. The commenter further provided
an example of a FAR deviation used
under a Federal Supply Schedule 70,
stating ‘‘that GSA should consider
whether the various delivery and
packaging requirements can be
simplified and require delivery and
packaging that comports with the
contractor’s standard commercial
practices.’’ GSA partially agrees with
the commenter and has initiated this
rewrite of the GSAM/GSAR to correct or
clarify such inconsistencies. However,
GSA believes that in this instance cited
by the commenter, that the risk of loss
or damage to supplies shall remain with
the contractor until the Government
takes possession of the supplies, as
E:\FR\FM\06JNP1.SGM
06JNP1
Agencies
[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Proposed Rules]
[Pages 32276-32277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12571]
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 537 and 552
[GSAR Case 2008-G510; Docket 2008-0007; Sequence 4]
RIN 3090-AI54
General Services Acquisition Regulation; GSAR Case 2008-G510;
Rewrite of GSAR Part 537, Service Contracting
AGENCY: Office of the Chief Acquisition Officer, General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is proposing to
amend the General Services Acquisition Regulation (GSAR) to revise
sections of the GSAR that pertains to requirements for service
contracting.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before August 5, 2008 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR Case 2008-G510 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``GSAR Case
2008-G510'' under the heading ``Comment or Submission''. Select the
link ``Send a Comment or Submission'' that corresponds with GSAR Case
2008-G510. Follow the instructions provided to complete the ``Public
Comment and Submission Form''. Please include your name, company name
(if any), and ``GSAR Case 2008-G510'' 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-
G510 in all correspondence related to this case. All comments received
will be posted without change to https://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. 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-G510.
SUPPLEMENTARY INFORMATION:
A. Background
The General Services Administration (GSA) is amending the General
Services Administration Acquisition Regulation (GSAR) to revise
sections of GSAR Part 537 that provide requirements for service
contracting.
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 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 537. The rule revises 537
to address the text at GSAR 537.101, Definitions; 537.110 Solicitation
provisions and contract clauses; provision 552.237-70, Qualifications
of Offerors; and clause 552.237-73, Restriction on Disclosure of
Information. The language in 537.101, Definitions, is removed from
inclusion in the GSAR. This language clarifies the definition for
``contracts for building services'' for contracting officers, therefore
this language is being incorporated as non-regulatory GSAM language.
GSAR clauses 552.237-71, Qualifications of Employees and 552.237-72,
Prohibition Regarding ``Quasi-Military Armed Forces'' are retained with
no changes.
Discussion of Comments
There were no public comments received in response to the Advanced
Notice of Proposed Rulemaking.
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 537 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-G510), in all
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; 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 537 and 552
Government procurement.
Dated: May 30, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, GSA proposes to amend 48 CFR parts 537 and 552 as set
forth below:
1. The authority citation for 48 CFR parts 537 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 537--SERVICE CONTRACTING
537.101 [Removed]
2. Remove section 537.101.
[[Page 32277]]
537.110 [Amended]
3. Amend section 537.110 by removing from paragraph (a)
``initiated'' and adding ``initiated with Ability One'' in its place.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
552.237-70 [Amended]
4. Amend section 552.237-70 by revising the date of the provision
to read ``(Date)''; and removing from paragraph (a) ``In order to'' and
adding ``To'' in its place.
552.237-73 [Amended]
5. Amend 552.237-73 by revising the date of the clause to read
``(Date)''; and removing from paragraph (b) ``individual'' and adding
``entity'' in its place.
[FR Doc. E8-12571 Filed 6-5-08; 8:45 am]
BILLING CODE 6820-61-S