General Services Acquisition Regulation; GSAR Case 2008-G510; Rewrite of GSAR Part 537, Service Contracting, 32276-32277 [E8-12571]

Download as PDF 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

General Services Administration

[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]


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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

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