General Services Acquisition Regulation; GSAR Case 2006-G502; Rewrite of GSAR Part 501; General Services Administration Acquisition Regulation System, 34240-34242 [E8-13593]

Download as PDF 34240 Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Proposed Rules TABLE #2.—2007 ANNUALIZED BURDEN COSTS FOR A BONDED NOTICE (Proposed Rule) Number of respondents Information collection Bonded notice .............................. 100 The field units provided an initial estimate of 100 exploration and mining companies that would use the bonded notice instead of a plan of operation. A six hour burden per bonded notice was assumed giving a total of 600 burden hours. Annualized costs to the small entities would be $14,688. The economic impact on an individual respondent would be $114,100 + $14,688 = $128,788 divided by 1,260 small businesses = $102.21. Conclusion Hour burden per collection Total burden hours Annualized costs @$24.48/ hour 6 Response frequency 600 $14,688 1 GENERAL SERVICES ADMINISTRATION 48 CFR Part 501 [GSAR Case 2006–G502; Docket 2008–0007; Sequence 5] RIN 3090–AI53 General Services Acquisition Regulation; GSAR Case 2006– G502;Rewrite of GSAR Part 501; General Services Administration Acquisition Regulation System Office of the Chief Acquisition Officer, General Services Administration (GSA). ACTION: Proposed rule. AGENCY: The comments will be addressed in the final rule for locatable minerals operations. The Forest Service has determined that the proposed rule will have an impact on a substantial number of small businesses. However, the economic impact of the proposed rule will not be significant. Under the proposed rule small entities will have the option of filing a bonded notice rather than a plan of operation for shortterm, low impact exploration proposals rather the longer plan of operations requiring more analysis and a longer approval time. The Forest Service expects the major impact from the proposed rule to be a reduction of paperwork burden for the small entities which should be beneficial to small exploration and mining companies. The Forest Service hereby certifies that the proposed rule will not have significant economic impact on a substantial number of small entities as defined by SBRFEA. BILLING CODE 3410–11–P jlentini on PROD1PC65 with PROPOSALS Dated: June 9, 2008. Charles L. Myers, Associate Deputy Chief, National Forest System. [FR Doc. E8–13446 Filed 6–16–08; 8:45 am] SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to update the text addressing the General Services Administration Acquisition Regulation System. 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 Federal Acquisition Regulation (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 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 501, General Services Administration Acquisition Regulation System. DATES: VerDate Aug<31>2005 16:08 Jun 16, 2008 Interested parties should submit written comments to the Regulatory Secretariat on or before August 18, 2008 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by GSAR Case 2006–G502 by any of the following methods: • Regulations.gov: https:// www.regulations.gov.Submit comments via the Federal eRulemaking portal by Jkt 214001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 Cost per respondent $146.88 inputting ‘‘GSAR Case 2006–G502’’ under the heading ‘‘Comment or Submission’’. Select the link ‘‘Send a Comment or Submission’’ that corresponds with GSAR Case 2006– G502. Follow the instructions provided to complete the ‘‘Public Comment and Submission Form’’. Please include your name, company name (if any), and ‘‘GSAR Case 2006–G502’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW, Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405. Instructions: Please submit comments only and cite GSAR Case 2006–G502 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. Beverly Cromer at (202) 501–1448, or by e-mail at Beverly.Cromer@gsa.gov. For information pertaining to the status or publication schedules, contact the Regulatory Secretariat (VPR), Room 4035, GS Building, Washington, DC 20405, (202) 501–4755. Please cite GSAR Case 2006–G502. SUPPLEMENTARY INFORMATION: A. Background GSA published an Advance Notice of Proposed Rulemaking (ANPR) with request for comments in the Federal Register at 71 FR 7910, February 15, 2006, because GSA was beginning the review and update of the General Services Administration Acquisition Regulation (GSAR). No public comments were received on GSAR Part 501. This GSAR rewrite will— • Change ‘‘you’’ to ‘‘contracting officer’’. • Maintain consistency with the FAR but eliminate duplication. • Revise GSAR sections that are outof-date, or which imposed inappropriate burdens on the Government or contractors, especially small businesses. • Streamline and simplify wherever possible. E:\FR\FM\17JNP1.SGM 17JNP1 Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Proposed Rules 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) was considered in the rewrite initiative. This proposed rule contains the revisions made to Part 501, General Services Administration Acquisition Regulation System. Section 501.101 is revised to explain that the General Services Administration Acquisition Regulation (GSAR) implements or supplements the Federal Acquisition Regulation (FAR) and to change ‘‘you’’ to ‘‘contracting officer’’. Section 501.103, Authority, is updated to add a reference to the Office of Federal Procurement Policy Act, 41 U.S.C. 421. Section 501.104 is revised to address the type of acquisitions that the GSAR applies to and to clarify the GSAR/FAR relationship. Subsection 501.105–1 is revised to state where the GSAM can be found online and to clarify the difference between the GSAR and the GSAM. Subpart 501.106, is revised to provide updated OMB approval numbers under the Paperwork Reduction Act. New Section 501.107 is added to provide procedures regarding certification requirements in accordance with Section 29 of the Office of Federal Procurement Policy Act (41 U.S.C. 425). It disallows any new requirements for a certification by a contractor or offeror in the GSAR unless certain criteria are met. Section 501.402 is deleted because it repeats information contained in the FAR and is therefore unnecessary. Sections 501.403 and 501.404 contain minor editorial changes to make language clearer. Subsection 501.404– 71, Deviations to the nonregulatory GSAM, is revised to remove the language from the GSAR and place it in the GSAM because it is procedural, not regulatory. 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. jlentini on PROD1PC65 with PROPOSALS 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 no new requirements are being placed on the vendor community. No comments on this issue were received VerDate Aug<31>2005 16:08 Jun 16, 2008 Jkt 214001 from small business concerns or other interested parties. 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 501 Government procurement. Dated: June 9, 2008 Al Matera, Director,Office of Acquisition Policy. Therefore, GSA proposes to amend 48 CFR part 501 as set forth below: 1. The authority citation for 48 CFR part 501 revised to read as follows: Authority: 40 U.S.C. 121(c). PART 501—GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION SYSTEM 2. Revise section 501.101 to read as follows: 501.101 Purpose. The General Services Administration Acquisition Regulation (GSAR) implements and supplements the Federal Acquisition Regulation (FAR). It contains agency acquisition policies and practices, contract clauses, solicitation provisions, and forms that control the relationship between GSA and contractors, (including prospective contractors). 3. Revise section 501.103 to read as follows: 501.103 Authority. GSA’s Senior Procurement Executive (SPE) issues the GSAR under the general authority of the Federal Property and Administrative Services Act of 1949, as amended. Additional authority is found in the Office of Federal Procurement Policy Act, at 41 U.S.C. 421. 4. Amend section 501.104 by revising paragraphs (a) and (d) to read as follows: 501.104 Applicability. (a) General. The GSAR applies to all acquisitions covered by the FAR. In general, this means supplies and services, including construction. In addition, the GSAR covers other actions, such as leasing in Part 570. * * * * * (d) GSAR/FAR Relationship. The FAR is the primary document. The GSAR only implements and supplements the FAR. The GSAR may deviate from the Federal Acquisition Regulation (FAR), if authorized. PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 34241 5. Amend section 501.105–1 by revising paragraph (c) and removing paragraph (d) to read as follows: 501.105–1 Publication and code arrangement. * * * * * (c) GSA Acquisition Manual, which can be found at https:// www.acquisition.gov/gsam. The GSAR is found in the gray shaded areas within the General Services Administration Acquisition Manual (GSAM) text on the GSAM website. 501.105–3 [Amended] 6. Amend section 501.105–3 by removing ‘‘in CFR’’ and adding ‘‘in the CFR’’ in its place. 501.106 [Amended] 7. Amend section 501.106 by removing GSAR Reference ‘‘511.104– 70’’ with OMB Control Number ‘‘3090– 0203’’; adding GSAR Reference ‘‘514.201–1’’ with OMB Control Number ‘‘3090–0163’’, and adding GSAR Reference ‘‘515.204–1’’ with OMB Control Number ‘‘3090–0163’’; removing GSAR Reference ‘‘523.370’’ with OMB Control Number ‘‘3090– 0205’’, removing GSAR Reference ‘‘537.110(a) ’’ with OMB Control Number ‘‘3090–0006’’, and removing GSAR Reference ‘‘552.232–72’’ with OMB Control Number ‘‘3090–0205’’; and adding GSAR Reference ‘‘552.238– 75’’ with OMB Control Number ‘‘3090– 0235’’. 8. Add section 501.107 to read as follows: 501.107 Certifications. (a) In accordance with Section 29 of the Office of Federal Procurement Policy Act (41 U.S.C. 425), a new requirement for a certification by a contractor or offeror may not be included in the GSAR unless— (1) The certification requirement is specifically imposed by statute; or (2) The SPE provides written justification to the Administrator for the certification, and the Administrator approves, in writing, the inclusion of the certification. (b) Generally, no additional certification requirement should be contained in solicitations or clauses. However, in those rare instances where the contracting officer must request certification of certain types of information, approval from the SPE is required. 501.402 [Removed] 9. Remove section 501.402. 10. Revise section 501.403 to read as follows: E:\FR\FM\17JNP1.SGM 17JNP1 34242 501.403 Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Proposed Rules Individual deviations. (a) An individual deviation affects only one contract action. (1) The HCA must approve an individual deviation from the FAR. The authority to grant an individual deviation from the FAR may not be redelegated. (2) An individual deviation from the GSAR must be approved by the HCA. The authority to grant an individual deviation from the GSAR may be redelegated to the Contracting Director. (b) If GSA delegates authority to another agency and requires compliance with the GSAR as a condition of the delegation, the Contracting Director in the agency receiving the delegation may approve individual deviations from the GSAR unless the agency head receiving the delegation designates another official. (c) A request for class deviations must fully describe the need for and the nature of the deviation and be supported by appropriate documentation. (d) Class deviations from the GSAR— (1) Expire in 12 months, if not extended; and (2) May be rescinded earlier by GSA’s SPE or by officials designated under paragraph (a) of this section without prejudice to any action taken previously. 501.404–71 [Removed] 12. Remove section 501.404–71. [FR Doc. E8–13593 Filed 6–16–08; 8:45 am] BILLING CODE 6820–61–S DEPARTMENT OF TRANSPORTATION (c) A copy of the deviation must be provided to GSA’s SPE. 11. Revise section 501.404 to read as follows: National Highway Traffic Safety Administration 501.404 [Docket No. NHTSA–2008–0115] Class deviations. (a) A class deviation affects more than one contract action. A deviation for any solicitation that will result in multiple awards, or any solicitation under the Multiple Award Federal Supply Schedule program is considered to be a class deviation, as more than one contract action is affected. Each award under such a solicitation is considered an individual contract action. (1) A proposed class deviation from the FAR must be forwarded by the cognizant HCA to GSA’s SPE for approval. Prior to approving a class deviation from the FAR, the SPE will consult with the Chairman of the Civilian Agency Acquisition Council (CAAC) in accordance with FAR 1.404(a)(1). jlentini on PROD1PC65 with PROPOSALS (2) A proposed class deviation from the GSAR must be forwarded by the cognizant HCA to GSA’s SPE for approval. (3) When an HCA knows that a proposed class deviation will be required on a permanent basis, the HCA should propose or recommend an appropriate FAR or GSAR revision. (b) If GSA delegates authority to another agency and requires compliance with the GSAR as a condition of the delegation, the HCA in the agency receiving the delegation may approve class deviations from the GSAR unless the agency head receiving the delegation designates another official. A copy of the class deviation must be provided to GSA’s SPE. VerDate Aug<31>2005 16:08 Jun 16, 2008 Jkt 214001 49 CFR Part 531 Exemptions From Average Fuel Economy Standards; Passenger Automobile Average Fuel Economy Standards National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Proposed rule; proposed decision to grant exemption. AGENCY: This proposed decision responds to a petition filed by Mosler Automotive (Mosler) requesting that it be exempted from the generally applicable corporate average fuel economy (CAFE) standard of 27.5 miles per gallon (mpg) for model years 2008, 2009 and 2010, and that, for Mosler, lower alternative standards be established. In this document, NHTSA proposes that the requested exemption be granted to Mosler and that an alternative standard of 22.1 mpg be established for MYs 2008 through 2010. DATES: Comments must be received on or before July 17, 2008. ADDRESSES: You may submit comments by any of the following methods: • Web Site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Ave., SE., West Building, Ground Floor, Room W12–140, Washington, DC 20590–001. • Hand Delivery: The Docket Management Facility is on the ground SUMMARY: PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 floor of the West Building, 1200 New Jersey Ave., SE. The Docket Management Facility is open between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions must include the agency name and docket number for this rulemaking. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading at the end of this notice. Docket: For access to the docket to read background documents or comments received, go to https:// dms.dot.gov at any time or to Room W12–140 on the ground floor of the West Building, 1200 New Jersey Ave., SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: For technical issues, contact Ken Katz, Lead Engineer, Fuel Economy Division, Office of International Policy, Fuel Economy, and Consumer Programs, at (202) 366–0846, facsimile (202) 493– 2290, electronic mail kkatz@nhtsa.dot.gov. For legal issues, contact Rebecca Yoon of the Office of the Chief Counsel, at (202) 366–2992. SUPPLEMENTARY INFORMATION: Statutory Background Pursuant to 49 U.S.C. 32902(d), NHTSA may exempt a low volume manufacturer of passenger automobiles from the generally applicable average fuel economy standards if NHTSA concludes that those standards are more stringent than the maximum feasible average fuel economy for that manufacturer and if NHTSA establishes an alternative standard for that manufacturer at its maximum feasible level. Under the statute, a low volume manufacturer is one that manufactured (worldwide) fewer than 10,000 passenger automobiles in the second model year before the model year for which the exemption is sought (the affected model year) and that will manufacture fewer than 10,000 passenger automobiles in the affected model year. In determining the maximum feasible average fuel economy, the agency is required under 49 U.S.C. 32902(f) to consider: (1) Technological feasibility, (2) Economic practicability, (3) The effect of other motor vehicle standards of the government on fuel economy, and E:\FR\FM\17JNP1.SGM 17JNP1

Agencies

General Services Administration

[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Proposed Rules]
[Pages 34240-34242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13593]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

48 CFR Part 501

[GSAR Case 2006-G502; Docket 2008-0007; Sequence 5]
RIN 3090-AI53


General Services Acquisition Regulation; GSAR Case 2006-
G502;Rewrite of GSAR Part 501; General Services Administration 
Acquisition Regulation System

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 the 
text addressing the General Services Administration Acquisition 
Regulation System. 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 Federal 
Acquisition Regulation (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 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 501, General Services 
Administration Acquisition Regulation System.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before August 18, 2008 to be considered in 
the formulation of a final rule.

ADDRESSES: Submit comments identified by GSAR Case 2006-G502 by any of 
the following methods:
     Regulations.gov: https://www.regulations.gov.Submit 
comments via the Federal eRulemaking portal by inputting ``GSAR Case 
2006-G502'' under the heading ``Comment or Submission''. Select the 
link ``Send a Comment or Submission'' that corresponds with GSAR Case 
2006-G502. Follow the instructions provided to complete the ``Public 
Comment and Submission Form''. Please include your name, company name 
(if any), and ``GSAR Case 2006-G502'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (VPR), 1800 F Street, NW, Room 4035, ATTN: Laurieann 
Duarte, Washington, DC 20405.
    Instructions: Please submit comments only and cite GSAR Case 2006-
G502 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. Beverly Cromer at (202) 501-1448, or by e-mail at 
Beverly.Cromer@gsa.gov. For information pertaining to the status or 
publication schedules, contact the Regulatory Secretariat (VPR), Room 
4035, GS Building, Washington, DC 20405, (202) 501-4755. Please cite 
GSAR Case 2006-G502.

SUPPLEMENTARY INFORMATION:

A. Background

    GSA published an Advance Notice of Proposed Rulemaking (ANPR) with 
request for comments in the Federal Register at 71 FR 7910, February 
15, 2006, because GSA was beginning the review and update of the 
General Services Administration Acquisition Regulation (GSAR). No 
public comments were received on GSAR Part 501.
    This GSAR rewrite will--
     Change ``you'' to ``contracting officer''.
     Maintain consistency with the FAR but eliminate 
duplication.
     Revise GSAR sections that are out-of-date, or which 
imposed inappropriate burdens on the Government or contractors, 
especially small businesses.
     Streamline and simplify wherever possible.

[[Page 34241]]

    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) was considered in the rewrite initiative.
    This proposed rule contains the revisions made to Part 501, General 
Services Administration Acquisition Regulation System. Section 501.101 
is revised to explain that the General Services Administration 
Acquisition Regulation (GSAR) implements or supplements the Federal 
Acquisition Regulation (FAR) and to change ``you'' to ``contracting 
officer''. Section 501.103, Authority, is updated to add a reference to 
the Office of Federal Procurement Policy Act, 41 U.S.C. 421. Section 
501.104 is revised to address the type of acquisitions that the GSAR 
applies to and to clarify the GSAR/FAR relationship. Subsection 
501.105-1 is revised to state where the GSAM can be found online and to 
clarify the difference between the GSAR and the GSAM. Subpart 501.106, 
is revised to provide updated OMB approval numbers under the Paperwork 
Reduction Act. New Section 501.107 is added to provide procedures 
regarding certification requirements in accordance with Section 29 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 425). It 
disallows any new requirements for a certification by a contractor or 
offeror in the GSAR unless certain criteria are met. Section 501.402 is 
deleted because it repeats information contained in the FAR and is 
therefore unnecessary. Sections 501.403 and 501.404 contain minor 
editorial changes to make language clearer. Subsection 501.404-71, 
Deviations to the nonregulatory GSAM, is revised to remove the language 
from the GSAR and place it in the GSAM because it is procedural, not 
regulatory.
    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 no new requirements are being placed on 
the vendor community. No comments on this issue were received from 
small business concerns or other interested parties.

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 501

    Government procurement.

    Dated: June 9, 2008
Al Matera,
Director,Office of Acquisition Policy.
    Therefore, GSA proposes to amend 48 CFR part 501 as set forth 
below:
    1. The authority citation for 48 CFR part 501 revised to read as 
follows:

    Authority: 40 U.S.C. 121(c).

PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION 
SYSTEM

    2. Revise section 501.101 to read as follows:


501.101  Purpose.

    The General Services Administration Acquisition Regulation (GSAR) 
implements and supplements the Federal Acquisition Regulation (FAR). It 
contains agency acquisition policies and practices, contract clauses, 
solicitation provisions, and forms that control the relationship 
between GSA and contractors, (including prospective contractors).
    3. Revise section 501.103 to read as follows:


501.103  Authority.

    GSA's Senior Procurement Executive (SPE) issues the GSAR under the 
general authority of the Federal Property and Administrative Services 
Act of 1949, as amended. Additional authority is found in the Office of 
Federal Procurement Policy Act, at 41 U.S.C. 421.
    4. Amend section 501.104 by revising paragraphs (a) and (d) to read 
as follows:


501.104  Applicability.

    (a) General. The GSAR applies to all acquisitions covered by the 
FAR. In general, this means supplies and services, including 
construction. In addition, the GSAR covers other actions, such as 
leasing in Part 570.
* * * * *
    (d) GSAR/FAR Relationship. The FAR is the primary document. The 
GSAR only implements and supplements the FAR. The GSAR may deviate from 
the Federal Acquisition Regulation (FAR), if authorized.
    5. Amend section 501.105-1 by revising paragraph (c) and removing 
paragraph (d) to read as follows:


501.105-1  Publication and code arrangement.

* * * * *
    (c) GSA Acquisition Manual, which can be found at https://
www.acquisition.gov/gsam. The GSAR is found in the gray shaded areas 
within the General Services Administration Acquisition Manual (GSAM) 
text on the GSAM website.


501.105-3  [Amended]

    6. Amend section 501.105-3 by removing ``in CFR'' and adding ``in 
the CFR'' in its place.


501.106  [Amended]

    7. Amend section 501.106 by removing GSAR Reference ``511.104-70'' 
with OMB Control Number ``3090-0203''; adding GSAR Reference ``514.201-
1'' with OMB Control Number ``3090-0163'', and adding GSAR Reference 
``515.204-1'' with OMB Control Number ``3090-0163''; removing GSAR 
Reference ``523.370'' with OMB Control Number ``3090-0205'', removing 
GSAR Reference ``537.110(a) '' with OMB Control Number ``3090-0006'', 
and removing GSAR Reference ``552.232-72'' with OMB Control Number 
``3090-0205''; and adding GSAR Reference ``552.238-75'' with OMB 
Control Number ``3090-0235''.
    8. Add section 501.107 to read as follows:


501.107  Certifications.

    (a) In accordance with Section 29 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 425), a new requirement for a 
certification by a contractor or offeror may not be included in the 
GSAR unless--
    (1) The certification requirement is specifically imposed by 
statute; or
    (2) The SPE provides written justification to the Administrator for 
the certification, and the Administrator approves, in writing, the 
inclusion of the certification.
    (b) Generally, no additional certification requirement should be 
contained in solicitations or clauses. However, in those rare instances 
where the contracting officer must request certification of certain 
types of information, approval from the SPE is required.


501.402  [Removed]

    9. Remove section 501.402.
    10. Revise section 501.403 to read as follows:

[[Page 34242]]

501.403  Individual deviations.

    (a) An individual deviation affects only one contract action.
    (1) The HCA must approve an individual deviation from the FAR. The 
authority to grant an individual deviation from the FAR may not be re-
delegated.
    (2) An individual deviation from the GSAR must be approved by the 
HCA. The authority to grant an individual deviation from the GSAR may 
be re-delegated to the Contracting Director.
    (b) If GSA delegates authority to another agency and requires 
compliance with the GSAR as a condition of the delegation, the 
Contracting Director in the agency receiving the delegation may approve 
individual deviations from the GSAR unless the agency head receiving 
the delegation designates another official.
    (c) A copy of the deviation must be provided to GSA's SPE.
    11. Revise section 501.404 to read as follows:


501.404  Class deviations.

    (a) A class deviation affects more than one contract action. A 
deviation for any solicitation that will result in multiple awards, or 
any solicitation under the Multiple Award Federal Supply Schedule 
program is considered to be a class deviation, as more than one 
contract action is affected. Each award under such a solicitation is 
considered an individual contract action.
    (1) A proposed class deviation from the FAR must be forwarded by 
the cognizant HCA to GSA's SPE for approval. Prior to approving a class 
deviation from the FAR, the SPE will consult with the Chairman of the 
Civilian Agency Acquisition Council (CAAC) in accordance with FAR 
1.404(a)(1).
    (2) A proposed class deviation from the GSAR must be forwarded by 
the cognizant HCA to GSA's SPE for approval.
    (3) When an HCA knows that a proposed class deviation will be 
required on a permanent basis, the HCA should propose or recommend an 
appropriate FAR or GSAR revision.
    (b) If GSA delegates authority to another agency and requires 
compliance with the GSAR as a condition of the delegation, the HCA in 
the agency receiving the delegation may approve class deviations from 
the GSAR unless the agency head receiving the delegation designates 
another official. A copy of the class deviation must be provided to 
GSA's SPE.
    (c) A request for class deviations must fully describe the need for 
and the nature of the deviation and be supported by appropriate 
documentation.
    (d) Class deviations from the GSAR--
    (1) Expire in 12 months, if not extended; and
    (2) May be rescinded earlier by GSA's SPE or by officials 
designated under paragraph (a) of this section without prejudice to any 
action taken previously.


501.404-71  [Removed]

    12. Remove section 501.404-71.
[FR Doc. E8-13593 Filed 6-16-08; 8:45 am]
BILLING CODE 6820-61-S

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