General Services Acquisition Regulation; GSAR Case 2006-G504; Rewrite of GSAR Part 516; Types of Contracts, 39275-39277 [E8-15587]
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Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Proposed Rules
We will publish an appropriate
amendment to 39 CFR part 111 if our
proposal is adopted.
Neva Watson,
Attorney, Legislative.
[FR Doc. E8–15212 Filed 7–8–08; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2006–0186, FRL–8569–7]
Revisions to the California State
Implementation Plan, Northern Sierra
Air Quality Management District,
Including the Nevada County Air
Pollution Control District Portion,
Plumas County Air Pollution Control
District Portion, and Sierra County Air
Pollution Control District Portion
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
jlentini on PROD1PC65 with PROPOSALS
AGENCY:
SUMMARY: EPA is proposing to approve
revisions to the Northern Sierra Air
Quality Management District
(NSAQMD) portion of the California
State Implementation Plan (SIP),
including the Nevada County Air
Pollution Control District (NCAPCD)
portion, Plumas County Air Pollution
Control District (PCAPCD) portion, and
Sierra County Air Pollution Control
District (PCAPCD) portion of the SIP.
These revisions concern the permitting
of air pollution sources. We are
approving and removing local rules
under authority of the Clean Air Act as
amended in 1990 (CAA or the Act).
DATES: Any comments on this proposal
must arrive by August 8, 2008.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2006–0186, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions.
• E-mail: R9airpermits@epa.gov.
• Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://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
VerDate Aug<31>2005
20:05 Jul 08, 2008
Jkt 214001
should be clearly identified as such and
should not be submitted through https://
www.regulations.gov or e-mail. https://
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.
Docket: The index to the docket for
this action is available electronically at
https://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 below.
FOR FURTHER INFORMATION CONTACT:
Laura Yannayon, Permits Office (AIR–
3), U.S. Environmental Protection
Agency, Region IX, (415) 972–3534,
yannayon.laura@epa.gov.
This
proposal addresses the approval of
NSAQMD Rules 501, 505, 510, 511, 512,
513, 515, and 517 into the SIP and the
removal of eight NCAPCD, two
PCAPCD, and four SCAPCD permitting
rules from the SIP. In the Rules section
of this Federal Register, we are
approving revisions in these local rules
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.
SUPPLEMENTARY INFORMATION:
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39275
Dated: April 16, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E8–15436 Filed 7–8–08; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 516 and 552
[GSAR Case 2006–G504; Docket 2008–0007;
Sequence 7]
RIN 3090–AI58
General Services Acquisition
Regulation; GSAR Case 2006–G504;
Rewrite of GSAR Part 516; Types of
Contracts
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 revise language
pertaining to requirements for types of
contracts.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before September 8,
2008 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by GSAR Case 2006–G504 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov.Submit comments
via the Federal eRulemaking portal by
inputting ‘‘GSAR Case 2006–G504’’
under the heading ‘‘Comment or
Submission.’’ Select the link ‘‘Send a
Comment or Submission ’’ that
corresponds with GSAR Case 2006–
G504. Follow the instructions provided
to complete the ‘‘Public Comment and
Submission Form.’’ Please include your
name, company name (if any), and
‘‘GSAR Case 2006–G504’’ on your
attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
Division (VPR), 1800 F Street, NW,
Room 4041, ATTN: Laurieann Duarte,
Washington, DC 20405.
Instructions: Please submit comments
only and cite GSAR Case 2006–G504 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.
E:\FR\FM\09JYP1.SGM
09JYP1
39276
Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Proposed Rules
For
clarification of content, contact Ms.
Cecelia Davis at (202) 219–0202, or by
e-mail at Cecelia.Davis@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–G504.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
A. Background
The General Services Administration
(GSA) is amending the General Services
Administration Acquisition Regulation
(GSAR) to revise the prescriptions for
clauses included in GSAR 516.203–4,
Contract clauses, and GSAR 516.506,
Solicitation provisions and contract
clauses, and to make minor changes to
GSAR 516.603–3, Limitations. The
associated clauses located in GSAR
552.216 are amended to relocate the
clause at 552.216–70, Economic Price
Adjustment—FSS Multiple Award
Schedule Contracts, to GSAR 552.238,
to retain the clause at 552.216–71,
Economic Price Adjustment-Stock and
Special Order Program Contracts, to
revise GSAR clause 552.216–72,
Placement of Orders, to make minor
edits to GSAR clause 552.216–73,
Ordering Information, and to include
new GSAR clause 552.216–XX, TaskOrder and Delivery-Order Ombudsman.
This proposed rule is a result of the
General Services Administration
Acquisition Manual (GSAM) Rewrite
initiative. The initiative was 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 revises GSAR
516.203–4, Contract clauses, 516.506,
Solicitation provisions and contract
clauses, and associated clauses in GSAR
552.516. The information in GSAR
516.203–4(a) is relocated to GSAR Part
538 and paragraph (b) is renumbered
accordingly and contains minor edits.
GSAR 516.506 is revised to delete
paragraphs (b), (c), (d), and (e) from this
part and relocate them to GSAR Part
538. New GSAR clause, 552.216–XX,
Task–Order and Delivery–Order
Ombudsman, is added to describe the
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GSA Ombudsman’s responsibilities.
GSAR 516.603–3, Limitations, is
renumbered as 516.603–70 as a
supplement to the FAR and the title is
changed to ‘‘Limitations’’ on the use of
letter contracts for architect-engineer (AE) services. GSAR clause 552.216–70,
Economic Price Adjustment—FSS
Multiple Award Schedule Contracts, is
relocated to GSAR Part 538. The GSAR
clause at 552.216–72, Placement of
Orders, is revised to delete Alternates II,
III, and IV and relocate them to GSAR
Part 538, and it contains minor edits.
The GSAR clause at 552.216–73,
Ordering Information, contains minor
edits.
Discussion of Comments
There were six public comments
received in response to the ‘‘Advanced
Notice of Proposed Rulemaking.’’ The
first commenter suggested that the
GSAR should include coverage on
Governmentwide acquisition contracts
(GWAC) and the use of GSA assisted
services. The GWAC and assisted
services are very closely related: GSA’s
assisted services are offered through
GWAC contracts. GWACs are negotiated
acquisitions covered by FAR Part 15
(GSAM 515), while FAR Part 16 (GSAM
Part 516) covers the authority for
GWACs (i.e., IDIQ contracts). Both
GSAM parts are in the rewrite effort so,
to a degree, the comment is being
addressed. During our rewrite process,
our proposed coverage of GWACs and
assisted services was determined to be
satisfactory by the cognizant office
within FAS. We construe the comment,
however, to mean that the GSAM
should devote a special section to
GWACs and assisted services, such as is
done in GSAM 538 which addresses the
Federal Supply Schedule Program. The
suggestion is not without merit:
however, it is outside the scope of the
current GSAM effort, which did not
envision the creation of new GSAM
parts. The current effort has revealed a
number of issues that need to be
addressed in future updates to the
GSAM and we propose to revisit that
comment when future revisions are
considered. The second commenter
suggested establishing a central location
for all contract clauses GSA includes in
FSS and GWAC contracts: in particular,
the clauses denoted as ‘‘x-FSS clauses.’’
One of the purposes of the GSAM
rewrite is to put all clauses used by GSA
in the GSAM. While this goal may not
be 100 percent achieved in the initial
rewrite effort, at some point in time all
clauses will be in one place—the
GSAM.
The third and fourth commenter
submitted a response that said GSA
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schedule holders are penalized because
they are subject to the Economic Price
Adjustment clause limiting price
increase to 10 percent after a one-year
waiting period. GSAR clauses 552.216–
70 and 552.216–71 establish contract
coverage for economic price
adjustments under Multiple Award
Schedules (MAS) and Global Supply
Item contracts, respectively. With
respect to the MAS, GSAR clause
552.216–70, this comment will be
addressed in the coverage for GSAR Part
538. GSAR clause 552.216–71 indicates
that there is a 10 percent cap on such
adjustments unless the Contracting
Director approves a higher percentage.
In addition, the percentage actually
used should be based on historical
trends drawn from an index such as the
Producer Price Index (PPI). In these
cases, the GSAR mirrors the FAR’s
guidance on economic price
adjustments for standard supplies (nonSchedule) as outlined in FAR clause
52.216–2, which also includes the 10
percent cap. Accordingly, the GSAR
coverage (meant to be used for a subset
of all supply contracts, specifically FAS
Schedules) follows the FAR, and the
change requested would require a
change to the FAR and cannot be made
independently in the GSAR. Also, the
GSAR makes clear that the percentage
used in Schedule contracts (whether
above or below 10 percent) is to be
based on established historical trends
(PPI) and not on a negotiation between
one agency and one contractor on each
individual contract. This allows the
percentage established for each contract
to be based on objective data. This
percentage should normally be 10
percent, unless based on a trend
established by an appropriate index
such as the Producer Prices and Price
Index during the most recent 6–month
period indicates that a different
percentage is more appropriate. The
fifth commenter recommended that the
GSAR be revised to clarify that
subcontractor labor hours under a Time
and Material (T&M) contract are paid at
the rates established in the prime
contract or task order. Although the
recommendation references ‘‘Time and
Material’’ contracts, the issue deals with
contract financing and should be
addressed in GSAM Part 532, Contract
Financing. The sixth commenter
recommended that the GSAR be revised
to provide that contractors may apply
G&A to travel costs and other direct
changes in accordance with each
vendor’s approved cost accounting
standards disclosure statement. This
issue will be addressed in the rewrite of
GSAR Part 531.
E:\FR\FM\09JYP1.SGM
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Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Proposed Rules
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 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 Parts 516
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 2006–
G504), 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 Parts 516 and
552
Government procurement.
Dated: July 2, 2008
Al Matera,
Director, Office of Acquisition Policy.
Therefore, GSA proposes to amend 48
CFR parts 516 and 552 as set forth
below:
1. The authority citation for 48 CFR
parts 516 and 552 is revised to read as
follows:
Authority: 40 U.S.C. 121(c).
PART 516—TYPES OF CONTRACTS
jlentini on PROD1PC65 with PROPOSALS
2. Amend section 516.203–4 by—
a. Removing paragraph (a), and
redesignating paragraphs (b) and (c) as
(a) and (b), respectively;
b. Revising the newly redesignated
paragraph (a);
c. Removing from the newly
redesignated paragraph (b)(1) ‘‘you
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20:05 Jul 08, 2008
Jkt 214001
decide’’ and adding ‘‘the contracting
officer decides’’ in its place; and
d. Removing the period from the end
of the newly redesignated paragraphs
(b)(1)(i) and (b)(1)(ii) and adding a
semicolon in its place; and removing the
period from the newly redesignated
paragraph (b)(1)(iii) and adding ‘‘; and
’’in its place.
The revised text reads as follows:
516.203–4
Contract clauses.
516.506 Solicitation provisions and
contract clauses.
*
*
*
*
*
(b) In solicitations and contracts for
GSA awarded IDIQ contracts, insert the
clause 552.216–XX, Task-Order and
Delivery-Order Ombudsman.
4. Amend section 516.603–3 by—
a. Revising the section heading;
b. Revising paragraph (a);
c. Removing from the introductory
text of paragraph (b) ‘‘You’’ and adding
‘‘The contracting officer’’, in its place,
and revising paragraph (b)(1); and
d. Removing from paragraph (c) ‘‘you
must issue’’ and adding ‘‘the contracting
officer issues,’’ in its place.
The revised text reads as follows:
516.603–70 Limitations on the use of letter
contracts for architect-engineer (A-E)
services.
(a) Requirement for a price proposal.
The proposed A-E must provide a price
proposal for the non-design effort before
the award of a letter contract.
(b) * * *
(1) The scope. If the scope includes
the design effort, the contracting officer
should only authorize the A-E to
perform those services that are
independent of the design effort (for
example, feasibility studies, existing
facility surveys or site investigation,
Frm 00008
Fmt 4702
Sfmt 4702
etc.). Do not authorize the A-E to begin
the design effort before the letter
contract is definitized.
*
*
*
*
*
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
552.216–70
[Removed]
5. Remove section 552.216–70.
(a) Special Order Program Contracts.
In multiyear solicitations and contracts,
after making the determination required
by FAR 16.203–3, use 552.216–71,
Economic Price Adjustment-Stock and
Special Order Program Contracts, or a
clause prepared as authorized in
paragraph (a)(3) of this subsection.
*
*
*
*
*
3. Amend section 516.506 by—
a. Removing from paragraph (a),
‘‘FSS’’ each time it appears and adding
‘‘FAS’’, in its place; and
b. Removing paragraphs (b), (c), (d),
and (e) and adding new paragraph (b),
to read as follows:
PO 00000
39277
552.216–71
[Amended]
6. Amend section 552.216–71 by
removing from theintroductory text of
the clause ‘‘516.203–4(b)’’ and adding
‘‘516.203–4(a)’’ in its place.
7. Amend section 552.216–72 by—
a. Removing from paragraph (c)
‘‘GSA’s Federal Supply Service (FSS)’’
and adding ‘‘General Services
Administration’s Federal Acquisition
Service (FAS)’’, in its place; and
removing from the second sentence
‘‘FSS’’ and adding ‘‘FAS’’ in its place;
b. Removing from paragraph (a) of
Alternate I ‘‘Federal Supply Service
(FSS)’’ and adding ‘‘Federal Acquisition
Service (FAS)’’ in its place;
c. Removing from paragraphs (c) and
(d) of Alternate I ‘‘FSS’’ and adding
‘‘FAS’’ in its place, respectively; and
d. Removing Alternates II, III, and IV.
552.216–73
[Amended]
8. Amend section 552.216–73 in
paragraph (a) by removing ‘‘Federal
Supply Service (FSS)’’ and adding
‘‘Federal Acquisition Service (FAS)’’ in
its place.
552.216–XX
[Added]
9. Add section 552.216–XX to read as
follows:
552.216–XX Task-Order and DeliveryOrder Ombudsman.
As prescribed in 516.506, insert the
following clause:
TASK-ORDER AND DELIVERY-ORDER
OMBUDSMAN (DATE)
The GSA Ombudsman will exercise
jurisdiction on any matters pertaining to ID/
IQ contracts awarded by GSA. The
ombudsman will review complaints from
contractors and ensure that they are afforded
a fair opportunity to be considered for award,
consistent with the procedures in the
contract.
(End of clause)
[FR Doc. E8–15587 Filed 7–8–08; 8:45 am]
BILLING CODE 6820–61–S
E:\FR\FM\09JYP1.SGM
09JYP1
Agencies
[Federal Register Volume 73, Number 132 (Wednesday, July 9, 2008)]
[Proposed Rules]
[Pages 39275-39277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15587]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 516 and 552
[GSAR Case 2006-G504; Docket 2008-0007; Sequence 7]
RIN 3090-AI58
General Services Acquisition Regulation; GSAR Case 2006-G504;
Rewrite of GSAR Part 516; Types of Contracts
AGENCY: Office of the Chief Acquisition Officer, General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is proposing to
amend the General Services Acquisition Regulation (GSAR) to revise
language pertaining to requirements for types of contracts.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before September 8, 2008 to be considered
in the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR Case 2006-G504 by any of
the following methods:
Regulations.gov: https://www.regulations.gov.Submit
comments via the Federal eRulemaking portal by inputting ``GSAR Case
2006-G504'' under the heading ``Comment or Submission.'' Select the
link ``Send a Comment or Submission '' that corresponds with GSAR Case
2006-G504. Follow the instructions provided to complete the ``Public
Comment and Submission Form.'' Please include your name, company name
(if any), and ``GSAR Case 2006-G504'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat Division (VPR), 1800 F Street, NW, Room 4041, ATTN:
Laurieann Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR Case 2006-
G504 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.
[[Page 39276]]
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Cecelia Davis at (202) 219-0202, or by e-mail at
Cecelia.Davis@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-G504.
SUPPLEMENTARY INFORMATION:
A. Background
The General Services Administration (GSA) is amending the General
Services Administration Acquisition Regulation (GSAR) to revise the
prescriptions for clauses included in GSAR 516.203-4, Contract clauses,
and GSAR 516.506, Solicitation provisions and contract clauses, and to
make minor changes to GSAR 516.603-3, Limitations. The associated
clauses located in GSAR 552.216 are amended to relocate the clause at
552.216-70, Economic Price Adjustment--FSS Multiple Award Schedule
Contracts, to GSAR 552.238, to retain the clause at 552.216-71,
Economic Price Adjustment-Stock and Special Order Program Contracts, to
revise GSAR clause 552.216-72, Placement of Orders, to make minor edits
to GSAR clause 552.216-73, Ordering Information, and to include new
GSAR clause 552.216-XX, Task-Order and Delivery-Order Ombudsman.
This proposed rule is a result of the General Services
Administration Acquisition Manual (GSAM) Rewrite initiative. The
initiative was 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 revises GSAR 516.203-4, Contract clauses,
516.506, Solicitation provisions and contract clauses, and associated
clauses in GSAR 552.516. The information in GSAR 516.203-4(a) is
relocated to GSAR Part 538 and paragraph (b) is renumbered accordingly
and contains minor edits. GSAR 516.506 is revised to delete paragraphs
(b), (c), (d), and (e) from this part and relocate them to GSAR Part
538. New GSAR clause, 552.216-XX, Task-Order and Delivery-Order
Ombudsman, is added to describe the GSA Ombudsman's responsibilities.
GSAR 516.603-3, Limitations, is renumbered as 516.603-70 as a
supplement to the FAR and the title is changed to ``Limitations'' on
the use of letter contracts for architect-engineer (A-E) services. GSAR
clause 552.216-70, Economic Price Adjustment--FSS Multiple Award
Schedule Contracts, is relocated to GSAR Part 538. The GSAR clause at
552.216-72, Placement of Orders, is revised to delete Alternates II,
III, and IV and relocate them to GSAR Part 538, and it contains minor
edits. The GSAR clause at 552.216-73, Ordering Information, contains
minor edits.
Discussion of Comments
There were six public comments received in response to the
``Advanced Notice of Proposed Rulemaking.'' The first commenter
suggested that the GSAR should include coverage on Governmentwide
acquisition contracts (GWAC) and the use of GSA assisted services. The
GWAC and assisted services are very closely related: GSA's assisted
services are offered through GWAC contracts. GWACs are negotiated
acquisitions covered by FAR Part 15 (GSAM 515), while FAR Part 16 (GSAM
Part 516) covers the authority for GWACs (i.e., IDIQ contracts). Both
GSAM parts are in the rewrite effort so, to a degree, the comment is
being addressed. During our rewrite process, our proposed coverage of
GWACs and assisted services was determined to be satisfactory by the
cognizant office within FAS. We construe the comment, however, to mean
that the GSAM should devote a special section to GWACs and assisted
services, such as is done in GSAM 538 which addresses the Federal
Supply Schedule Program. The suggestion is not without merit: however,
it is outside the scope of the current GSAM effort, which did not
envision the creation of new GSAM parts. The current effort has
revealed a number of issues that need to be addressed in future updates
to the GSAM and we propose to revisit that comment when future
revisions are considered. The second commenter suggested establishing a
central location for all contract clauses GSA includes in FSS and GWAC
contracts: in particular, the clauses denoted as ``x-FSS clauses.'' One
of the purposes of the GSAM rewrite is to put all clauses used by GSA
in the GSAM. While this goal may not be 100 percent achieved in the
initial rewrite effort, at some point in time all clauses will be in
one place--the GSAM.
The third and fourth commenter submitted a response that said GSA
schedule holders are penalized because they are subject to the Economic
Price Adjustment clause limiting price increase to 10 percent after a
one-year waiting period. GSAR clauses 552.216-70 and 552.216-71
establish contract coverage for economic price adjustments under
Multiple Award Schedules (MAS) and Global Supply Item contracts,
respectively. With respect to the MAS, GSAR clause 552.216-70, this
comment will be addressed in the coverage for GSAR Part 538. GSAR
clause 552.216-71 indicates that there is a 10 percent cap on such
adjustments unless the Contracting Director approves a higher
percentage. In addition, the percentage actually used should be based
on historical trends drawn from an index such as the Producer Price
Index (PPI). In these cases, the GSAR mirrors the FAR's guidance on
economic price adjustments for standard supplies (non-Schedule) as
outlined in FAR clause 52.216-2, which also includes the 10 percent
cap. Accordingly, the GSAR coverage (meant to be used for a subset of
all supply contracts, specifically FAS Schedules) follows the FAR, and
the change requested would require a change to the FAR and cannot be
made independently in the GSAR. Also, the GSAR makes clear that the
percentage used in Schedule contracts (whether above or below 10
percent) is to be based on established historical trends (PPI) and not
on a negotiation between one agency and one contractor on each
individual contract. This allows the percentage established for each
contract to be based on objective data. This percentage should normally
be 10 percent, unless based on a trend established by an appropriate
index such as the Producer Prices and Price Index during the most
recent 6-month period indicates that a different percentage is more
appropriate. The fifth commenter recommended that the GSAR be revised
to clarify that subcontractor labor hours under a Time and Material
(T&M) contract are paid at the rates established in the prime contract
or task order. Although the recommendation references ``Time and
Material'' contracts, the issue deals with contract financing and
should be addressed in GSAM Part 532, Contract Financing. The sixth
commenter recommended that the GSAR be revised to provide that
contractors may apply G&A to travel costs and other direct changes in
accordance with each vendor's approved cost accounting standards
disclosure statement. This issue will be addressed in the rewrite of
GSAR Part 531.
[[Page 39277]]
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 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 Parts 516 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 2006-G504), 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 Parts 516 and 552
Government procurement.
Dated: July 2, 2008
Al Matera,
Director, Office of Acquisition Policy.
Therefore, GSA proposes to amend 48 CFR parts 516 and 552 as set
forth below:
1. The authority citation for 48 CFR parts 516 and 552 is revised
to read as follows:
Authority: 40 U.S.C. 121(c).
PART 516--TYPES OF CONTRACTS
2. Amend section 516.203-4 by--
a. Removing paragraph (a), and redesignating paragraphs (b) and (c)
as (a) and (b), respectively;
b. Revising the newly redesignated paragraph (a);
c. Removing from the newly redesignated paragraph (b)(1) ``you
decide'' and adding ``the contracting officer decides'' in its place;
and
d. Removing the period from the end of the newly redesignated
paragraphs (b)(1)(i) and (b)(1)(ii) and adding a semicolon in its
place; and removing the period from the newly redesignated paragraph
(b)(1)(iii) and adding ``; and ''in its place.
The revised text reads as follows:
516.203-4 Contract clauses.
(a) Special Order Program Contracts. In multiyear solicitations and
contracts, after making the determination required by FAR 16.203-3, use
552.216-71, Economic Price Adjustment-Stock and Special Order Program
Contracts, or a clause prepared as authorized in paragraph (a)(3) of
this subsection.
* * * * *
3. Amend section 516.506 by--
a. Removing from paragraph (a), ``FSS'' each time it appears and
adding ``FAS'', in its place; and
b. Removing paragraphs (b), (c), (d), and (e) and adding new
paragraph (b), to read as follows:
516.506 Solicitation provisions and contract clauses.
* * * * *
(b) In solicitations and contracts for GSA awarded IDIQ contracts,
insert the clause 552.216-XX, Task-Order and Delivery-Order Ombudsman.
4. Amend section 516.603-3 by--
a. Revising the section heading;
b. Revising paragraph (a);
c. Removing from the introductory text of paragraph (b) ``You'' and
adding ``The contracting officer'', in its place, and revising
paragraph (b)(1); and
d. Removing from paragraph (c) ``you must issue'' and adding ``the
contracting officer issues,'' in its place.
The revised text reads as follows:
516.603-70 Limitations on the use of letter contracts for architect-
engineer (A-E) services.
(a) Requirement for a price proposal. The proposed A-E must provide
a price proposal for the non-design effort before the award of a letter
contract.
(b) * * *
(1) The scope. If the scope includes the design effort, the
contracting officer should only authorize the A-E to perform those
services that are independent of the design effort (for example,
feasibility studies, existing facility surveys or site investigation,
etc.). Do not authorize the A-E to begin the design effort before the
letter contract is definitized.
* * * * *
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
552.216-70 [Removed]
5. Remove section 552.216-70.
552.216-71 [Amended]
6. Amend section 552.216-71 by removing from theintroductory text
of the clause ``516.203-4(b)'' and adding ``516.203-4(a)'' in its
place.
7. Amend section 552.216-72 by--
a. Removing from paragraph (c) ``GSA's Federal Supply Service
(FSS)'' and adding ``General Services Administration's Federal
Acquisition Service (FAS)'', in its place; and removing from the second
sentence ``FSS'' and adding ``FAS'' in its place;
b. Removing from paragraph (a) of Alternate I ``Federal Supply
Service (FSS)'' and adding ``Federal Acquisition Service (FAS)'' in its
place;
c. Removing from paragraphs (c) and (d) of Alternate I ``FSS'' and
adding ``FAS'' in its place, respectively; and
d. Removing Alternates II, III, and IV.
552.216-73 [Amended]
8. Amend section 552.216-73 in paragraph (a) by removing ``Federal
Supply Service (FSS)'' and adding ``Federal Acquisition Service (FAS)''
in its place.
552.216-XX [Added]
9. Add section 552.216-XX to read as follows:
552.216-XX Task-Order and Delivery-Order Ombudsman.
As prescribed in 516.506, insert the following clause:
TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (DATE)
The GSA Ombudsman will exercise jurisdiction on any matters
pertaining to ID/IQ contracts awarded by GSA. The ombudsman will
review complaints from contractors and ensure that they are afforded
a fair opportunity to be considered for award, consistent with the
procedures in the contract.
(End of clause)
[FR Doc. E8-15587 Filed 7-8-08; 8:45 am]
BILLING CODE 6820-61-S