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
[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]
=======================================================================
-----------------------------------------------------------------------
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