General Services Acquisition Regulation; GSAR Case 2007-G501; Protests, Disputes, and Appeals, 32514-32515 [E8-12572]

Download as PDF 32514 Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Proposed Rules 2. By adding new § 721.10057 to subpart E to read as follows: § 721.10057 Dodecanedioic acid, 1, 12dihydrazide. (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as dodecanedioic acid, 1, 12-dihydrazide (PMNs P–01–759 and P–05–555; CAS No. 4080–98–2) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) The significant new uses are: (i) Protection in the workplace. Requirements as specified in § 721.63 (a)(1), (a)(2)(i), (a)(3), (a)(4), (a)(5), (a)(6)(i), (a)(6)(ii), (b), and (c). Respirators must provide a National Institute for Occupational Safety and Health (NIOSH) assigned protection factor (APF) of at least 50. The following NIOSH-approved respirators meet the minimum requirement for § 721.63(a)(4): Air-purifying, tight-fitting full-face respirator equipped with N100 (if oil aerosols absent), R100, or P100 filters; powered air-purifying respirator equipped with a tight-fitting full facepiece and High Efficiency Particulate Air (HEPA) filters; supplied air respirator operated in pressure demand or continuous flow mode and equipped with a tight-fitting full facepiece. Because the substance is a dermal sensitizer and irritates mucous membranes, half-face respirators do not provide adequate protection. (ii) Hazard communication program. Requirements as specified in § 721.72 (a), (b), (c), (d), (e) (concentration set at 0.1 percent), (f), (g)(1)(i), and (g)(2)(i). (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph. (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125 (a), (b), (c), (d), (e), (f), (g), and (h) are applicable to manufacturers, importers, and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. 3. By adding new § 721.10088 to subpart E to read as follows: jlentini on PROD1PC65 with PROPOSALS § 721.10088 hexyl-. Thiophene, 2,5-dibromo-3- (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as thiophene, 2,5-dibromo-3-hexyl- (PMN P–07–283; CAS No. 116971–11–0) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. VerDate Aug<31>2005 18:31 Jun 06, 2008 Jkt 214001 [GSAR Case 2007–G501; Docket 2008–0007; Sequence 1] G501. Follow the instructions provided to complete the ‘‘Public Comment and Submission Form’’. Please include your name, company name (if any), and ‘‘GSAR Case 2007–G501’’ 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–G501 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 Ms. Meredith Murphy at (202) 208–6925, or by e-mail at meredith.murphy@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–G501. SUPPLEMENTARY INFORMATION: RIN 3090–AI49 A. Background General Services Acquisition Regulation; GSAR Case 2007– G501;Protests, Disputes, and Appeals The General Services Administration (GSA) proposes to amend the General Services Administration Acquisition Regulation (GSAR) to update the text addressing protests, disputes, and appeals. 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 rule covers the rewrite of GSAR Part 533, Protests, Disputes, and Appeals. GSAR Part 533 includes two subparts. GSAR Subpart 533.1, Protests, included only the prescription for a GSA-unique clause, 552.233–70, Protests Filed Directly with the General Services Administration. However, GSA proposes to delete this clause in its entirety because it repeated much of the FAR clause, and the remaining (2) The significant new uses are: (i) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(s) (500 kilograms). (ii) Release to water. Requirements as specified in § 721.90 (a)(4), (b)(4), and (c)(4) (N=1). (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph. (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125 (a), (b), (c), (i), and (k) are applicable to manufacturers, importers, and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. [FR Doc. E8–12862 Filed 6–6–08; 8:45 am] BILLING CODE 6560–50–S GENERAL SERVICES ADMINISTRATION 48 CFR Parts 533 and 552 Office of the Chief Acquisition Officer, General Services Administration (GSA). ACTION: Proposed rule. AGENCY: SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to update language pertaining to protests, disputes, and appeals. This project is part of the GSAM Rewrite Project, in which all parts of the regulation are being reviewed and updated to include new statutes, legislation, and policies. DATES: Interested parties should submit written comments to the Regulatory Secretariat on or before August 8, 2008 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by GSAR Case 2007–G501 by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘GSAR Case 2007–G501’’ under the heading ‘‘Comment or Submission’’. Select the link ‘‘Send a Comment or Submission’’ that corresponds with GSAR Case 2007– PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\09JNP1.SGM 09JNP1 Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Proposed Rules Dated: May 30, 2008 David A. Drabkin, Acting Chief Acquisition Officer & Senior Procurement Executive Office of the Chief Acquisition Officer. 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 this rule will only impact an offeror that is submitting a protest or has a dispute with GSA. Further, GSA is proposing only minor changes in the regulations and procedures for pursuing either action. For these reasons, it is expected that the number of entities impacted by this rule will be minimal. 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 533 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 2007–G501), in all correspondence. jlentini on PROD1PC65 with PROPOSALS information is available to contractors on the internet in GSAM Subpart 533.1. GSAR Subpart 533.2, Disputes and Appeals, has three sections, including the prescription for a utility disputes clause. Editorial changes were made to GSAR 533.211, Contracting officer’s decision, so as not to repeat the information that must be included, as prescribed in FAR 33.211, to clarify the GSA-unique requirements, and to recognize that the GSA Board of Contract Appeals’(GSBCA) duties are now vested in the Civilian Board of Contract Appeals (CSBA). No other changes were made to this subpart. In addition, the clause at GSAR 552.233– 71, Disputes (Utility Contracts), and its prescription at GSAR 533.215, were deleted at the request of the GSA Public Buildings Service. 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 under5 U.S.C. 804. The contracting officer’s written decision must include the paragraph at FAR 33.211(a)(4)(v). The contracting officer shall state in the decision that a contractor’s notice of appeal to the Civilian Board of Contract Appeals (CBCA) should include a copy of the contracting officer’s decision. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed changes to the GSAR 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 Parts 533 and 552 Government procurement. VerDate Aug<31>2005 18:31 Jun 06, 2008 Jkt 214001 32515 In GSA, the agency official responsible for investigating fraud is the Office of Inspector General. 4. Revise section 533.211 to read as follows: SUMMARY: The Transportation Equity Act for the 21st Century of 1998 (TEA– 21) established the Rail Rehabilitation and Improvement Financing (RRIF) Program. The program authorizes the Secretary of Transportation to issue direct loans and loan guarantees to state and local governments, railroads, interstate compacts, and other specified organizations to finance the development of railroad infrastructure. The Safe, Accountable, Flexible and Efficient Transportation Equity Act of 2005: a Legacy for Users (SAFETEA–LU) amended and expanded the program. SAFETEA–LU increased the principal amount of the RRIF program up to $35.0 billion, and of that amount, $7.0 billion is reserved for freight railroads other than Class I carriers. This NPRM proposes amending eligibility and application form and content criteria to ensure the long-term sustainability of the program, promote competition in the railroad industry, and reduce the risk of default for applicants and the Government. 533.211 DATES: Therefore, GSA proposes to amend 48 CFR parts 533 and 552 as set forth below: 1. The authority citation for 48 CFR parts 533 and 552 continues to read as follows: Authority: 40 U.S.C. 486(c). PART 533—PROTESTS, DISPUTES, AND APPEALS Subpart 533.1 [Removed] 2. Remove subpart 533.1, Protests. 3. Add section 533.209 to Subpart 533.2 to read as follows: 533.209 533.215 Suspected fraudulent claims. Contracting officer’s decision. [Removed] 5. Remove section 533.215. PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 552.233–70 and 552.233–71 [Removed] 6. Remove sections 552.233–70 and 552.233–71. [FR Doc. E8–12572 Filed 6–6–08; 8:45 am] BILLING CODE 6820–61–S DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 260 [Docket No. FRA–2008–0061] RIN 2130–AB91 Railroad Rehabilitation and Improvement Financing Program Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of Proposed Rulemaking (NPRM); request for comments. AGENCY: PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 Comments must be received on or before August 8, 2008. ADDRESSES: Comments should reference Docket No. FRA–2008–0061 and may be submitted the following ways: • E-Gov Web site: https:// www.regulations.gov. This Web site allows the public to enter comments on any Federal Register notice issued by any agency. Follow the instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: DOT Docket Management System: U.S. Department of Transportation, Docket Operations, M– 30, West Building, Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001. • Hand Delivery: DOT Docket Management System; West Building, Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: You should identify the docket ID, FRA–2008–0061, at the beginning of your comments. If you submit your comments by mail, submit two copies. To receive confirmation that FRA received your comments, include a self-addressed stamped postcard. Internet users may submit comments at https://www.regulations.gov. Note: Comments are posted without changes or edits to https://www.regulations.gov, including any personal information provided. Please see the Privacy Act discussion in the Supplementary Information section of this NPRM. E:\FR\FM\09JNP1.SGM 09JNP1

Agencies

[Federal Register Volume 73, Number 111 (Monday, June 9, 2008)]
[Proposed Rules]
[Pages 32514-32515]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12572]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 533 and 552

[GSAR Case 2007-G501; Docket 2008-0007; Sequence 1]
RIN 3090-AI49


General Services Acquisition Regulation; GSAR Case 2007-
G501;Protests, Disputes, and Appeals

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 update 
language pertaining to protests, disputes, and appeals. This project is 
part of the GSAM Rewrite Project, in which all parts of the regulation 
are being reviewed and updated to include new statutes, legislation, 
and policies.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before August 8, 2008 to be considered in 
the formulation of a final rule.

ADDRESSES: Submit comments identified by GSAR Case 2007-G501 by any of 
the following methods:
     Regulations.gov: https://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by inputting 
``GSAR Case 2007-G501'' under the heading ``Comment or Submission''. 
Select the link ``Send a Comment or Submission'' that corresponds with 
GSAR Case 2007-G501. Follow the instructions provided to complete the 
``Public Comment and Submission Form''. Please include your name, 
company name (if any), and ``GSAR Case 2007-G501'' 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-
G501 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 
Ms. Meredith Murphy at (202) 208-6925, or by e-mail at 
meredith.murphy@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-G501.

SUPPLEMENTARY INFORMATION:

A. Background

    The General Services Administration (GSA) proposes to amend the 
General Services Administration Acquisition Regulation (GSAR) to update 
the text addressing protests, disputes, and appeals. 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 rule covers the rewrite of GSAR Part 533, Protests, Disputes, 
and Appeals. GSAR Part 533 includes two subparts. GSAR Subpart 533.1, 
Protests, included only the prescription for a GSA-unique clause, 
552.233-70, Protests Filed Directly with the General Services 
Administration. However, GSA proposes to delete this clause in its 
entirety because it repeated much of the FAR clause, and the remaining

[[Page 32515]]

information is available to contractors on the internet in GSAM Subpart 
533.1.
    GSAR Subpart 533.2, Disputes and Appeals, has three sections, 
including the prescription for a utility disputes clause. Editorial 
changes were made to GSAR 533.211, Contracting officer's decision, so 
as not to repeat the information that must be included, as prescribed 
in FAR 33.211, to clarify the GSA-unique requirements, and to recognize 
that the GSA Board of Contract Appeals'(GSBCA) duties are now vested in 
the Civilian Board of Contract Appeals (CSBA). No other changes were 
made to this subpart. In addition, the clause at GSAR 552.233-71, 
Disputes (Utility Contracts), and its prescription at GSAR 533.215, 
were deleted at the request of the GSA Public Buildings Service.
    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 under5 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 this rule will only impact an offeror that 
is submitting a protest or has a dispute with GSA. Further, GSA is 
proposing only minor changes in the regulations and procedures for 
pursuing either action. For these reasons, it is expected that the 
number of entities impacted by this rule will be minimal. 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 533 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 2007-G501), in all correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the GSAR 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 Parts 533 and 552

    Government procurement.

    Dated: May 30, 2008
David A. Drabkin,
Acting Chief Acquisition Officer & Senior Procurement Executive Office 
of the Chief Acquisition Officer.
    Therefore, GSA proposes to amend 48 CFR parts 533 and 552 as set 
forth below:
    1. The authority citation for 48 CFR parts 533 and 552 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c).

PART 533--PROTESTS, DISPUTES, AND APPEALS


Subpart 533.1  [Removed]

    2. Remove subpart 533.1, Protests.
    3. Add section 533.209 to Subpart 533.2 to read as follows:


533.209  Suspected fraudulent claims.

    In GSA, the agency official responsible for investigating fraud is 
the Office of Inspector General.
    4. Revise section 533.211 to read as follows:


533.211  Contracting officer's decision.

    The contracting officer's written decision must include the 
paragraph at FAR 33.211(a)(4)(v). The contracting officer shall state 
in the decision that a contractor's notice of appeal to the Civilian 
Board of Contract Appeals (CBCA) should include a copy of the 
contracting officer's decision.


533.215  [Removed]

    5. Remove section 533.215.

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


552.233-70 and 552.233-71  [Removed]

    6. Remove sections 552.233-70 and 552.233-71.
[FR Doc. E8-12572 Filed 6-6-08; 8:45 am]
BILLING CODE 6820-61-S