General Services Acquisition Regulation; GSAR Case 2008-G504; Rewrite of GSAR Part 512, Acquisition of Commercial Items, 44953-44955 [E8-17540]

Download as PDF Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Proposed Rules II. Summary of Errors On page 38503, we are adding contact information for issues concerning educational requirements for nurse practitioners and clinical nurse specialists, and physician certification and recertification for Medicare home health services. On page 38510, in the formula for equipment cost per minute, we inadvertently omitted an asterisk. On page 38518, in the 1st column, we cited the incorrect chapter in the CMS Internet-Only Medicare Claims Processing Manual for more information concerning the instructions for the submission of interactive telehealth claims. On page 38525, we are correcting a typographical error that clarifies that participating CAP physicians whose participation in the CAP has been suspended will not receive CAP drugs. On page 38545, we are correcting a date cited in the CY 2009 PFS proposed rule that references the suit against the Secretary (Atlantic Urological Associates PA v. Leavitt, Civil Action No. 08–141–(RMC) (D.D.C.)). On page 38569, in Table 11, we inadvertently omitted an asterisk on measure numbers 110 and 111 that inform the public that these proposed PQRI measures were being proposed as measures that could be reported through electronic health records (EHR). On pages 38569 and 38571, we are correcting the footnotes to Tables 11 and 13, respectively, to state these measures are 1 of 17 measures for which data may potentially be accepted through the EHR mechanism in 2009. On page 38576, we are correcting the language summarizing the current nurse practitioner qualification standards. III. Correction of Errors In FR Doc. E8–14949 of July 7, 2008 (73 FR 38502), make the following corrections: 1. On page 38503, in the 1st column, after the 11th paragraph, add the following: ‘‘Regina Walker-Wren, (410) 786–9160, for information concerning educational requirements for nurse practitioners and clinical nurse specialists. 44953 Randy Throndset, (410) 786–0131, for information concerning physician certification and recertification for Medicare home health services.’’ 2. On page 38510, in the 2nd column, line 1, the phrase ‘‘rate) * life of the equipment)))) +’’ is corrected to read ‘‘rate) ** life of the equipment)))) +’’. 3. On page 38518, in the 1st column; a. In the 1st full paragraph, line 22, the phrase ‘‘Chapter 15’’ is corrected to read ‘‘Chapter 12.’’ b. In the 2nd full paragraph, line 19, the phrase ‘‘Chapter 15’’ is corrected to read ‘‘Chapter 12.’’ 4. On page 38525, in the 1st column, in the 2nd paragraph, line 16, the phrase ‘‘CAP has suspended’’ is corrected to read ‘‘CAP has been suspended.’’ 5. On page 38545, in the 2nd column; in the 1st full paragraph, line 1, the phrase ‘‘On January 25, 2008’’ is corrected to read ‘‘On January 24, 2008.’’ 6. On page 38569, in Table 11, a. Column 1, an asterisk is added to the title of measure numbers 110 and 111 to read as follows: TABLE 11—2008 PQRI MEASURES PROPOSED FOR 2009 Measure number and title Measure source 110. Preventive Care and Screening: Influenza Immunization for Patients ≥ 50 Years Old * ........................................................ 111. Preventive Care and Screening: Pneumonia Vaccination for Patients 65 Years and Older * ................................................ jlentini on PROD1PC65 with PROPOSALS b. The footnote ‘‘* This measure is one fifteen measures for which data may potentially be accepted through the EHR mechanism in 2009.’’ is corrected to read ‘‘* This measure is 1 of 17 measures for which data may potentially be accepted through the EHR mechanism in 2009.’’ 7. On page 38571, Table 13, the footnote ‘‘* This measure is one fifteen measures for which data may potentially be accepted through the EHR mechanism in 2009.’’ is corrected to read ‘‘* This measure is 1 of 17 measures for which data may potentially be accepted through the EHR mechanism in 2009.’’ 8. On page 38576, in the 2nd column, in the 1st full paragraph, line 16, the phrase ‘‘requirements, but not entirely date’’ is corrected to read ‘‘requirements that are not entirely date.’’ (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) VerDate Aug<31>2005 16:05 Jul 31, 2008 Jkt 214001 Dated: July 28, 2008. Ann C. Agnew, Executive Secretary to the Department. [FR Doc. E8–17732 Filed 7–31–08; 8:45 am] BILLING CODE 4120–01–P GENERAL SERVICES ADMINISTRATION 48 CFR Parts 512 and 552 [GSAR Case 2008–G504; Docket 2008–0007; Sequence 11] RIN 3090–AI61 General Services Acquisition Regulation; GSAR Case 2008–G504; Rewrite of GSAR Part 512, Acquisition of Commercial Items 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 Acquisition Regulation (GSAR) to revise the PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 AMA–PCPI. NCQA. language pertaining to requirements for the acquisition of commercial items. DATES: Interested parties should submit written comments to the Regulatory Secretariat on or before September 30, 2008 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by GSAR Case 2008–G504 by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘GSAR Case 2008–G504’’ under the heading ‘‘Comment or Submission’’. Select the link ‘‘Send a Comment or Submission’’ that corresponds with GSAR Case 2008– G504. Follow the instructions provided to complete the ‘‘Public Comment and Submission Form’’. Please include your name, company name (if any), and ‘‘GSAR Case 2008–G504’’ 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. E:\FR\FM\01AUP1.SGM 01AUP1 44954 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Proposed Rules Instructions: Please submit comments only and cite GSAR Case 2008–G504 in all correspondence related to this case. All comments received will be posted without change to http:// 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, 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 2008–G504. SUPPLEMENTARY INFORMATION: jlentini on PROD1PC65 with PROPOSALS A. Background The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to revise sections of GSAR Part 512 that provide requirements for the acquisition of commercial items. 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 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 512 and revises the text at GSAR 512.301, Solicitation provisions and contract clauses for the acquisition of commercial items. GSAR clauses 552.212–70, Preparation of Offer (Multiple Award Schedule), and 552.212–73, Evaluation—Commercial Items (Multiple Award Schedule), are proposed for deletion from GSAR Part 512 and proposed to be moved to GSAR Part 538, Federal Supply Schedule Contracting, as these GSAR clauses are a better fit in GSAR Part 538. GSAR clauses 552.212–71, Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items and 552.212–72, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable VerDate Aug<31>2005 15:10 Jul 31, 2008 Jkt 214001 to GSA Acquisition of Commercial Items, are retained with no changes. Discussion of Comments Four comments covering Part 512 were received in response to the Advanced Notice of Proposed Rulemaking. A discussion of these comments is provided below: Comment: Add a clause to the GSAM that allows for use of FAR Part 12 in relation to constructions or remodeling of real property. Response: Office of Federal Procurement Policy Memorandum dated July 3, 2003 states ‘‘Part 12, as currently promulgated, should rarely, if ever, be used for new construction acquisitions or non-routine alterations and repair services. In accordance with longstanding practice, agencies should apply the policies of FAR Part 36 to these acquisitions. Therefore, no additional language is being added to Part 12. Comment: Revise the GSAR to address inconsistencies and duplications between and among GSA contract clauses and FAR Part 12 that are often included in a single contract. Response: The clauses were reviewed and any inconsistencies were eliminated to the maximum extent possible. Comment: Revise the GSAR to encourage contracting officers to consider a vendor’s commercial practices and policies during negotiation of contract terms and conditions consistent with the contracting officer’s ability to tailor clauses under FAR 12.302. Response: Current FAR Part 12 requires contracting officers to consider a vendor’s commercial practices and policies during negotiations of contract terms and conditions. Comment: Revise the GSAR to eliminate inconsistencies and redundancies between the FAR and GSAR in the context of a Federal Supply Schedule, specifically citing Federal Supply Schedule 70. Response: The Federal Supply Schedule clauses have been reviewed and are being published in GSAM Part 538. Inconsistencies and redundancies between the FAR and GSAR were eliminated to the maximum extent possible. 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. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 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 512 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– G504), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act applies; 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 512 and 552 Government procurement. Dated: July 23, 2008. Al Matera Director, Office of Acquisition Policy, U.S. General Services Administration. Therefore, GSA proposes to amend 48 CFR parts 512 and 552 as set forth below: PART 512—ACQUISITION OF COMMERCIAL ITEMS 1. The authority citation for 48 CFR part 512 is revised to read as follows: Authority: 40 U.S.C. 121(c). 2. Amend section 512.301 by revising paragraph (a) to read as follows: 512.301 Solicitation provisions and contract clauses for the acquisition of commercial items. (a) Solicitation provisions and clauses. Insert these provisions or clauses in solicitations or solicitations and contracts, respectively, in accordance with the instructions provided: (1) 552.212–71, Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items, when listed clauses apply. The clause provides for incorporation by reference of terms and conditions which are, to the maximum extent practicable, consistent with customary commercial practice. If necessary, tailor this clause. E:\FR\FM\01AUP1.SGM 01AUP1 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Proposed Rules (2) 552.212–72, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisitions of Commercial Items, when listed clauses apply. The clause provides for the incorporation by reference of terms and conditions required to implement provisions of law or executive orders that apply to commercial item acquisitions. * * * * * PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. The authority citation for 48 CFR part 552 continues to read as follows: Authority: 40 U.S.C. 121(c). 552.212–70 [Removed] 4. Remove section 552.212–70. 552.212–73 [Removed] 5. Remove section 552.212–73. [FR Doc. E8–17540 Filed 7–31–08; 8:45 am] BILLING CODE 6820–61–S GENERAL SERVICES ADMINISTRATION 48 CFR Part 513 [GSAR Case 2007–G502; Docket 2008–0007; Sequence 16] RIN 3090–AI67 General Services Acquisition Regulation; GSAR Case 2007–G502; Rewrite of GSAR Part 513, Simplified Acquisition Procedures 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 and update the agency’s implementation of the Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures. Interested parties should submit written comments to the Regulatory Secretariat on or before September 30, 2008 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by GSAR Case 2007–G502 by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘GSAR Case 2007–G502’’ under the heading ‘‘Comment or jlentini on PROD1PC65 with PROPOSALS DATES: VerDate Aug<31>2005 15:10 Jul 31, 2008 Jkt 214001 Submission’’. Select the link ‘‘Send a Comment or Submission’’ that corresponds with GSAR Case 2007– G502. Follow the instructions provided to complete the ‘‘Public Comment and Submission Form’’. Please include your name, company name (if any), and ‘‘GSAR Case 2007–G502’’ 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–G502 in all correspondence related to this case. All comments received will be posted without change to http:// 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. 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–G502. SUPPLEMENTARY INFORMATION: A. Background This is part of the GSAM Rewrite Project, initiated in 2006 to revise, update, and simplify the GSAM. An Advance Notice of Proposed Rulemaking (ANPR), with a request for comments, was published in the Federal Register at 71 FR 7910, February 15, 2006. No public comments were received in response to Part 513. Prior to publication of this proposed rule, the draft coverage was circulated within GSA to the Services and regions. A total of 57 comments, from within the agency, were received from 16 commenters. The proposed rule incorporates those recommendations where appropriate. The current GSAM Part 513 implements three of the FAR Part 13 subparts and the policy at 513.003. There are no clauses associated with Part 513, and no supplementary subparts. The proposed rule deletes the policy statement at 513.003 and certain GSA-specific forms that are redundant to standard or optional forms in the FAR, as well as the GSAM text associated with them. The GSA review team noted that GSAR Part 513 material currently coded as regulatory, i.e., GSAR, does not, in fact, contain regulatory material. GSAR 513.302–70, 513.303–3(a) and (b), and 513.307 are considered policy because PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 44955 these sections merely direct contracting officers to use certain forms in certain circumstances, and to include any geographic limitations and instructions in Blanket Purchase Agreements (BPAs). There are no clauses or solicitation provisions in these sections. Therefore, the team has recommended changing the referenced material (formerly shaded gray) to GSAM rather than GSAR. The effect is to remove all of the Part 513 GSAR material. However, this former GSAR material has been retained, with some modifications, in the GSAM, which will also be available to the public on the GSAM web site, once the revisions are made final. The following sections explain in detail the changes that are proposed to the former GSAR, now GSAM, Part 513 coverage. This information is not being provided for comment, but rather to simply notify the reader about changes to the former GSAR, now GSAM. 513.302–70: References to electronic processing systems were updated at 513.302–70, and paragraph (f) relating to the outdated Standard Form (SF) 44 procedure was deleted. The GSA Forms 300 and 300A, Order for Supplies and Services, and Order for Supplies and Services—Continuation, respectively, are proposed for removal in favor of the preferred Optional Form (OF) 347, Order for Supplies and Services, and OF 348, Order for Supplies or Services— Continuation. These forms are outdated for a number of reasons: • Part 553 shows GSA Forms 300 and 300A as being 14 pages in length; effectively, however, it is a two-page form (Form 300 is the front and Form 300A is the back) repeated seven times. With electronic commerce, those additional copies are no longer needed. • The form is required to be printed and used in a pin-feed format, an outdated technology. • The second page of the form contains outdated clauses. Also, including clauses on a GSA form does not allow for frequently required updates. • Variations of the GSA Forms 300 and 300A are in use in at least four different software systems: NEAR, Pegasys, ITSS, and Comprison. However, none of these four systems uses the actual Form 300, and all four systems have modified the Form 300— but each has modified the form in different ways. In other words, there is not a single consistent format being used for the GSA Form 300 at GSA. OF 347 and OF 348 are very similar to the GSA Forms 300 and 300A, without the outdated and duplicative elements of the latter. FAR Drafting Conventions establish an order of E:\FR\FM\01AUP1.SGM 01AUP1

Agencies

[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Proposed Rules]
[Pages 44953-44955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17540]


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

48 CFR Parts 512 and 552

[GSAR Case 2008-G504; Docket 2008-0007; Sequence 11]
RIN 3090-AI61


General Services Acquisition Regulation; GSAR Case 2008-G504; 
Rewrite of GSAR Part 512, Acquisition of Commercial Items

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 Acquisition Regulation (GSAR) to revise the 
language pertaining to requirements for the acquisition of commercial 
items.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before September 30, 2008 to be considered 
in the formulation of a final rule.

ADDRESSES: Submit comments identified by GSAR Case 2008-G504 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by inputting 
``GSAR Case 2008-G504'' under the heading ``Comment or Submission''. 
Select the link ``Send a Comment or Submission'' that corresponds with 
GSAR Case 2008-G504. Follow the instructions provided to complete the 
``Public Comment and Submission Form''. Please include your name, 
company name (if any), and ``GSAR Case 2008-G504'' 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.

[[Page 44954]]

    Instructions: Please submit comments only and cite GSAR Case 2008-
G504 in all correspondence related to this case. All comments received 
will be posted without change to http://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, 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 2008-G504.

SUPPLEMENTARY INFORMATION:

A. Background

    The General Services Administration (GSA) is amending the General 
Services Administration Acquisition Regulation (GSAR) to revise 
sections of GSAR Part 512 that provide requirements for the acquisition 
of commercial items.
    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 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 512 and revises the text 
at GSAR 512.301, Solicitation provisions and contract clauses for the 
acquisition of commercial items. GSAR clauses 552.212-70, Preparation 
of Offer (Multiple Award Schedule), and 552.212-73, Evaluation--
Commercial Items (Multiple Award Schedule), are proposed for deletion 
from GSAR Part 512 and proposed to be moved to GSAR Part 538, Federal 
Supply Schedule Contracting, as these GSAR clauses are a better fit in 
GSAR Part 538. GSAR clauses 552.212-71, Contract Terms and Conditions 
Applicable to GSA Acquisition of Commercial Items and 552.212-72, 
Contract Terms and Conditions Required to Implement Statutes or 
Executive Orders Applicable to GSA Acquisition of Commercial Items, are 
retained with no changes.
    Discussion of Comments
    Four comments covering Part 512 were received in response to the 
Advanced Notice of Proposed Rulemaking. A discussion of these comments 
is provided below:
    Comment: Add a clause to the GSAM that allows for use of FAR Part 
12 in relation to constructions or remodeling of real property.
    Response: Office of Federal Procurement Policy Memorandum dated 
July 3, 2003 states ``Part 12, as currently promulgated, should rarely, 
if ever, be used for new construction acquisitions or non-routine 
alterations and repair services. In accordance with longstanding 
practice, agencies should apply the policies of FAR Part 36 to these 
acquisitions. Therefore, no additional language is being added to Part 
12.
    Comment: Revise the GSAR to address inconsistencies and 
duplications between and among GSA contract clauses and FAR Part 12 
that are often included in a single contract.
    Response: The clauses were reviewed and any inconsistencies were 
eliminated to the maximum extent possible.
    Comment: Revise the GSAR to encourage contracting officers to 
consider a vendor's commercial practices and policies during 
negotiation of contract terms and conditions consistent with the 
contracting officer's ability to tailor clauses under FAR 12.302.
    Response: Current FAR Part 12 requires contracting officers to 
consider a vendor's commercial practices and policies during 
negotiations of contract terms and conditions.
    Comment: Revise the GSAR to eliminate inconsistencies and 
redundancies between the FAR and GSAR in the context of a Federal 
Supply Schedule, specifically citing Federal Supply Schedule 70.
    Response: The Federal Supply Schedule clauses have been reviewed 
and are being published in GSAM Part 538. Inconsistencies and 
redundancies between the FAR and GSAR were eliminated to the maximum 
extent possible.
    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 512 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-G504), in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act applies; 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 512 and 552

    Government procurement.

    Dated: July 23, 2008.
Al Matera
Director, Office of Acquisition Policy, U.S. General Services 
Administration.
    Therefore, GSA proposes to amend 48 CFR parts 512 and 552 as set 
forth below:

PART 512--ACQUISITION OF COMMERCIAL ITEMS

    1. The authority citation for 48 CFR part 512 is revised to read as 
follows:

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

    2. Amend section 512.301 by revising paragraph (a) to read as 
follows:


512.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    (a) Solicitation provisions and clauses. Insert these provisions or 
clauses in solicitations or solicitations and contracts, respectively, 
in accordance with the instructions provided:
    (1) 552.212-71, Contract Terms and Conditions Applicable to GSA 
Acquisition of Commercial Items, when listed clauses apply. The clause 
provides for incorporation by reference of terms and conditions which 
are, to the maximum extent practicable, consistent with customary 
commercial practice. If necessary, tailor this clause.

[[Page 44955]]

    (2) 552.212-72, Contract Terms and Conditions Required to Implement 
Statutes or Executive Orders Applicable to GSA Acquisitions of 
Commercial Items, when listed clauses apply. The clause provides for 
the incorporation by reference of terms and conditions required to 
implement provisions of law or executive orders that apply to 
commercial item acquisitions.
* * * * *

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. The authority citation for 48 CFR part 552 continues to read as 
follows:

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


552.212-70  [Removed]

    4. Remove section 552.212-70.


552.212-73  [Removed]

    5. Remove section 552.212-73.

[FR Doc. E8-17540 Filed 7-31-08; 8:45 am]
BILLING CODE 6820-61-S