General Services Acquisition Regulation; GSAR Case 2007-G500; Rewrite of GSAR Part 517, Special Contracting Methods, 32274-32276 [E8-12613]

Download as PDF 32274 Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules will be posted, without change, to www.Regulations.gov and will include any personal information you have provided. Please see the NPRM for additional information on submission of written comments. Public Meetings The Coast Guard encourages you to attend either the Duluth or the Cleveland meeting. These meetings will be open to the public, up to the capacity of the meeting spaces. Please note that either meeting may close early if all business is finished. Oral comments will be transcribed and the transcript will be made available in the docket at www.Regulations.gov. We will also accept written comments at both meetings and will enter them in the docket. See ‘‘Comment Submissions’’ if you are unable to attend a meeting but would still like to comment in writing on the NPRM. Information on Services for Individuals With Disabilities If you plan to attend one of the public meetings and require special assistance, such as sign language interpretation or other reasonable accommodations, please contact us as indicated in FOR FURTHER INFORMATION CONTACT. Dated: June 2, 2008. Jeffrey G. Lantz, Director of Commercial Regulations and Standards, United States Coast Guard. [FR Doc. E8–12651 Filed 6–5–08; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2008–0228; FRL–8567–5] Revisions to the California State Implementation Plan, Sacramento Metropolitan Air Quality Management District Environmental Protection Agency (EPA). ACTION: Proposed rule. dwashington3 on PRODPC61 with PROPOSALS AGENCY: SUMMARY: EPA is proposing to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are proposing to approve a local rule that requires submission of emission statements from stationary sources that emit volatile organic compounds and oxides of nitrogen. VerDate Aug<31>2005 11:59 Jun 05, 2008 Jkt 214001 Any comments on this proposal must arrive by July 7, 2008. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2008–0228, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (AIR–4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or e-mail. www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947–4124, wang.mae@epa.gov. SUPPLEMENTARY INFORMATION: This proposal addresses the following local rule: SMAQMD Rule 105, Emission Statement, adopted by the SMAQMD on September 5, 1996. In the Rules and Regulations section of this Federal Register, we are approving this local DATES: PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 rule in a direct final action without prior proposal because we believe these SIP revisions are not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. Dated: April 11, 2008. Jane Diamond, Acting Regional Administrator, Region IX. [FR Doc. E8–12477 Filed 6–5–08; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 48 CFR Part 517 [GSAR Case 2007–G500; Docket 2008–0007; Sequence 3] RIN 3090–AI51 General Services Acquisition Regulation; GSAR Case 2007–G500; Rewrite of GSAR Part 517, Special Contracting Methods Office of the Chief Acquisition Officer, General Services Administration (GSA). ACTION: Proposed rule with request for comments. AGENCY: SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to revise sections that provide requirements for special contracting methods. 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 2007–G500 by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘GSAR DATES: E:\FR\FM\06JNP1.SGM 06JNP1 Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules Case 2007–G500’’ under the heading ‘‘Comment or Submission’’. Select the link ‘‘Send a Comment or Submission’’ that corresponds with GSAR Case 2007– G500. Follow the instructions provided to complete the ‘‘Public Comment and Submission Form’’. Please include your name, company name (if any), and ‘‘GSAR Case 2007–G500’’ 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 2007–G500 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 Michael O. Jackson at (202) 208–4949, or by email at michaelo.jackson@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 2007–G500. SUPPLEMENTARY INFORMATION: dwashington3 on PRODPC61 with PROPOSALS A. Background The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to update the text addressing Part 517, Special Contracting Methods. 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 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 proposed rule amends GSAR 517.200, Scope of subpart, to delete paragraph (b) because provisions inconsistent with the FAR are authorized only when a deviation has been obtained. GSAR 517.202 is revised to make minor edits and to delete VerDate Aug<31>2005 11:59 Jun 05, 2008 Jkt 214001 paragraph (a)(2)(v) because the evaluation of performance before exercising an option is necessary in all option situations, and does not reflect a standard that only emerging small businesses need to meet. At GSAR 517.202(b), a cross-reference was inserted to FAR 22.404–12 to remind contracting officers of special Davis Bacon Act requirements applicable to certain construction contract options. GSAR 517.202(c) was added to include a cross-reference to FAR 7.105(b)(4), reminding contracting officers to address options in the acquisition plan. Language in GSAR 517.203(c) was added to ensure there are funds available when a solicitation includes an option to extend. GSAR 517.207, Exercise of options, is revised to delete language that repeats the FAR and to include minor edits. 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. 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. 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 Part 517 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 2007– G500), 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. 3501, et seq. List of Subjects in 48 CFR Part 517: Government procurement. Dated: May 30, 2008. Al Matera, Director, Office of Acquisition Policy, U.S. General Services Administration. Therefore, GSA proposes to amend 48 CFR part 517 as set forth below: PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 PART 517—SPECIAL CONTRACTING METHODS 1. The authority citation for 48 CFR part 517 is revised to read as follows: AUTHORITY: 40 U.S.C. 121(c). 2. Revise section 517.200 to read as follows: 517.200 Scope of subpart. This subpart applies to all GSA contracts for supplies and services, including: (a) Services involving construction, alteration, or repair (including dredging, excavating, and painting) of buildings, bridges, roads, or other kinds of real property. (b) Architect-engineer services. 3. Amend section 517.202 by— a. Revising the introductory text of paragraph (a)(1); b. Revising paragraphs (a)(2)(i) and (a)(2)(ii); c. Removing paragraph (a)(2)(v); d. Revising paragraph (b); and e. Adding paragraph (c). The revised and added text reads as follows: 517.202 B. Regulatory Flexibility Act 32275 Use of options. (a) * * * (1) Options should be used when they meet one or more of the following objectives: * * * * * (2) * * * (i) There is an anticipated need for additional supplies or services during the contract term. (ii) Multiyear contracting authority is not available or its use is inappropriate and the contracting officer must anticipate a need for additional supplies or services beyond the initial contract term. * * * * * (b) Construction. (1) Construction contracts which contain options that extend the term of the contract must comply with the requirements of FAR 22.404–12 regarding the Davis-Bacon Act, and must contain one of the three clauses described at FAR 22.407(e), (f) or (g). (2) For limitations on the use of options, see 536.213 and 536.270. (c) Acquisition Planning. The benefits of using options in a contract should be discussed in the acquisition plan as addressed in FAR 7.105(b)(4). 4. Amend section 517.203 by removing from the introductory text the word ‘‘both’’ and adding the word ‘‘all’’ in its place, and adding paragraph (c) to read as follows: 517.203 * Solicitations. * * * * (c) Availability of funds. E:\FR\FM\06JNP1.SGM 06JNP1 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

Agencies

General Services Administration

[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Proposed Rules]
[Pages 32274-32276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12613]


=======================================================================
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GENERAL SERVICES ADMINISTRATION

48 CFR Part 517

[GSAR Case 2007-G500; Docket 2008-0007; Sequence 3]
RIN 3090-AI51


General Services Acquisition Regulation; GSAR Case 2007-G500; 
Rewrite of GSAR Part 517, Special Contracting Methods

AGENCY: Office of the Chief Acquisition Officer, General Services 
Administration (GSA).

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The General Services Administration (GSA) is proposing to 
amend the General Services Administration Acquisition Regulation (GSAR) 
to revise sections that provide requirements for special contracting 
methods.

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 2007-G500 by any of 
the following methods:
     Regulations.gov: https://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by inputting 
``GSAR

[[Page 32275]]

Case 2007-G500'' under the heading ``Comment or Submission''. Select 
the link ``Send a Comment or Submission'' that corresponds with GSAR 
Case 2007-G500. Follow the instructions provided to complete the 
``Public Comment and Submission Form''. Please include your name, 
company name (if any), and ``GSAR Case 2007-G500'' 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 2007-
G500 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 
Michael O. Jackson at (202) 208-4949, or by e-mail at 
michaelo.jackson@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 2007-G500.

SUPPLEMENTARY INFORMATION:

A. Background

    The General Services Administration (GSA) is amending the General 
Services Administration Acquisition Regulation (GSAR) to update the 
text addressing Part 517, Special Contracting Methods.
    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 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 proposed rule amends GSAR 517.200, Scope of subpart, to delete 
paragraph (b) because provisions inconsistent with the FAR are 
authorized only when a deviation has been obtained. GSAR 517.202 is 
revised to make minor edits and to delete paragraph (a)(2)(v) because 
the evaluation of performance before exercising an option is necessary 
in all option situations, and does not reflect a standard that only 
emerging small businesses need to meet. At GSAR 517.202(b), a cross-
reference was inserted to FAR 22.404-12 to remind contracting officers 
of special Davis Bacon Act requirements applicable to certain 
construction contract options. GSAR 517.202(c) was added to include a 
cross-reference to FAR 7.105(b)(4), reminding contracting officers to 
address options in the acquisition plan. Language in GSAR 517.203(c) 
was added to ensure there are funds available when a solicitation 
includes an option to extend. GSAR 517.207, Exercise of options, is 
revised to delete language that repeats the FAR and to include minor 
edits.
    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. 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 Part 517 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 2007-G500), 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. 3501, et seq.

List of Subjects in 48 CFR Part 517:

    Government procurement.

    Dated: May 30, 2008.
Al Matera,
Director, Office of Acquisition Policy, U.S. General Services 
Administration.
    Therefore, GSA proposes to amend 48 CFR part 517 as set forth 
below:

PART 517--SPECIAL CONTRACTING METHODS

    1. The authority citation for 48 CFR part 517 is revised to read as 
follows:

    AUTHORITY:  40 U.S.C. 121(c).
    2. Revise section 517.200 to read as follows:


517.200  Scope of subpart.

    This subpart applies to all GSA contracts for supplies and 
services, including:
    (a) Services involving construction, alteration, or repair 
(including dredging, excavating, and painting) of buildings, bridges, 
roads, or other kinds of real property.
    (b) Architect-engineer services.
    3. Amend section 517.202 by--
    a. Revising the introductory text of paragraph (a)(1);
    b. Revising paragraphs (a)(2)(i) and (a)(2)(ii);
    c. Removing paragraph (a)(2)(v);
    d. Revising paragraph (b); and
    e. Adding paragraph (c).
    The revised and added text reads as follows:


517.202  Use of options.

    (a) * * * (1) Options should be used when they meet one or more of 
the following objectives:
* * * * *
    (2) * * *
    (i) There is an anticipated need for additional supplies or 
services during the contract term.
    (ii) Multiyear contracting authority is not available or its use is 
inappropriate and the contracting officer must anticipate a need for 
additional supplies or services beyond the initial contract term.
* * * * *
    (b) Construction. (1) Construction contracts which contain options 
that extend the term of the contract must comply with the requirements 
of FAR 22.404-12 regarding the Davis-Bacon Act, and must contain one of 
the three clauses described at FAR 22.407(e), (f) or (g).
    (2) For limitations on the use of options, see 536.213 and 536.270.
    (c) Acquisition Planning. The benefits of using options in a 
contract should be discussed in the acquisition plan as addressed in 
FAR 7.105(b)(4).
    4. Amend section 517.203 by removing from the introductory text the 
word ``both'' and adding the word ``all'' in its place, and adding 
paragraph (c) to read as follows:


517.203  Solicitations.

* * * * *
    (c) Availability of funds.

[[Page 32276]]

    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

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