General Services Administration Acquisition Regulation; (GSAR); Industrial Funding Fee (IFF) and Sales Reporting, 21400-21402 [2014-08659]
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Federal Register / Vol. 79, No. 73 / Wednesday, April 16, 2014 / Rules and Regulations
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–0967.
OMB Approval Date: April 9, 2014.
OMB Expiration Date: April 30, 2017.
Title: Section 79.2, Accessibility of
Programming Providing Emergency
Information, and Emergency
Information; Section 79.105, Video
Description and Emergency Information
Accessibility Requirements for All
Apparatus; Section 79.106, Video
Description and Emergency Information
Accessibility Requirements for
Recording Devices.
Form No.: Not applicable.
Respondents: Business or other forprofit entities; individuals or
households; not-for-profit institutions;
and State, local, or tribal Governments.
Number of Respondents and
Responses: 640 respondents and 642
responses.
Estimated Time per Response: 0.5 to
5 hours.
Frequency of Response: On occasion
reporting requirement and third party
disclosure requirement.
Obligation to Respond: Voluntary.
The statutory authority for this
information collection is contained in
the Twenty-First Century
Communications and Video
Accessibility Act of 2010, Public Law
111–260, 124 Stat. 2751, and sections
4(i), 4(j), 303, 330(b), 713, and 716 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), 303,
330(b), 613, and 617.
Total Annual Burden: 735 hours.
Total Annual Cost: $24,150.
Nature and Extent of Confidentiality:
Confidentiality is an issue to the extent
that individuals and households
provide personally identifiable
information, which is covered under the
FCC’s updated system of records notice
(SORN), FCC/CGB–1, ‘‘Informal
Complaints and Inquiries,’’ which
became effective on January 25, 2010.
The Commission believes that it
provides sufficient safeguards to protect
the privacy of individuals who file
complaints under 47 CFR 79.2(c).
Privacy Impact Assessment: The
Privacy Impact Assessment (PIA) for
Informal Complaints and Inquiries was
completed on June 28, 2007. It may be
reviewed at https://www.fcc.gov/omd/
privacyact/Privacy-ImpactAssessment.html. The Commission is in
the process of updating the PIA to
incorporate various revisions to it as a
result of revisions to the SORN.
Needs and Uses: On April 9, 2013, the
Commission released a Report and
Order and Further Notice of Proposed
Rulemaking, MB Docket Nos. 12–107,
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11–43, FCC 13–45 (the Report and
Order) adopting rules implementing
portions of the Twenty-First Century
Communications and Video
Accessibility Act of 2010 (the CVAA)
related to accessible emergency
information, and apparatus
requirements for emergency information
and video description. These rules are
codified at 47 CFR 79.2, 79.105, and
79.106. Pursuant to Section 202 of the
CVAA, the Report and Order requires
that video programming distributors and
video programming providers
(including program owners) make
emergency information accessible to
individuals who are blind or visually
impaired by using a secondary audio
stream to convey televised emergency
information aurally, when such
information is conveyed visually during
programming other than newscasts.
Pursuant to Section 203 of the CVAA,
the Report and Order requires certain
apparatus that receive, play back, or
record video programming to make
available video description services and
accessible emergency information.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2014–08570 Filed 4–15–14; 8:45 am]
BILLING CODE 6712–01–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Part 552
[(Change 57); GSAR Case 2012–G503
Docket No. 2012–0018; Sequence No. 1]
RIN 3090–AJ36
General Services Administration
Acquisition Regulation; (GSAR);
Industrial Funding Fee (IFF) and Sales
Reporting
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
AGENCIES:
The General Services
Administration (GSA) is issuing a final
rule amending the General Services
Administration Acquisition Regulation
(GSAR) to address the use of the
Industrial Funding Fee (IFF) collected
under the Multiple Award Schedules
(MAS) Program. The rule reflects GSA’s
current use of the Industrial Funding
Fee, which includes uses specified in
the Acquisition Services Fund, and
which extend beyond the purposes
currently stated in the GSAR.
DATES: Effective: May 16, 2014.
SUMMARY:
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Ms.
Dana Munson, General Services
Acquisition Policy Division, GSA, 202–
357–9652, or via email at
Dana.Munson@gsa.gov, for clarification
of content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite GSAR case 2012–G503.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
A. Background
GSA published a proposed rule with
a request for public comments in the
Federal Register at 77 FR 76446 on
December 28, 2012, to address use of
revised GSAR clause 552.238–74
Industrial Funding Fee (IFF) under the
Multiple Award Schedules (MAS)
Program, and reinstatement with
changes of the information collection
requirement concerning OMB Control
Number 3090–0121, Industrial Funding
Fee (IFF) and Sales Reporting. One
comment was received.
In response, GSA published a second
Information Collection notice request
for public comments in the Federal
Register at 78 FR 27239, on May 9, 2013
in which the comment from the first
notice was addressed and to receive
additional comments on the collection.
One comment pertaining to the rule was
received and is addressed in the
Discussion and Analysis section of this
rule. Another comment was received
pertaining to the collection and is
addressed in the Paperwork Reduction
Act section of this rule.
The proposed rule sought to amend
the GSAR to update the text addressing
GSAR part 552, Solicitation Provisions
and Contract Clauses at 552.238–74
Industrial Funding Fee (IFF) and Sales
Reporting. This change will improve the
Multiple Award Schedules (MAS)
Program by facilitating transparency and
open government, and more accurately
define the current MAS Program
operations while simultaneously
complying with the recommendations of
the GSA Office of Inspector General
(OIG).
Currently, the language contained in
the IFF Clause under GSAR 552.238–
74(b)(2) states ‘‘. . . The IFF reimburses
the Federal Supply Service for the costs
of operating the Federal Supply
Schedules Program and recoups its
operating costs from ordering
activities.’’ The GSA OIG’s Audit of the
Multiple Award Schedule Program
Industrial Funding Fee (Report Number
A090256/Q/A/P12003), dated February
3, 2012 (the ‘‘OIG Report’’),
recommended that GSA further improve
transparency in the MAS Program by
informing MAS customers that the IFF
may be used to fund other eligible GSA
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programs besides those that manage the
MAS program. As a result of the OIG
recommendation, GSA is amending the
current language at GSAR clause
552.238–74 Industrial Funding Fee (IFF)
and Sales Reporting to include the
expanded role of net revenue generated
by IFF payments.
In addition, the OIG Report cited the
GSA Modernization Act (Pub. L. 109–
313, 120 Stat. 1734 (2006), codified in
relevant part at 40 U.S.C. 321), as the
authority under which net operating
revenue generated by the IFF can be
used for more than simple recoupment
of costs to run the MAS Program.
The GSA Modernization Act
combined the General Supply Fund and
the Information Technology Fund
which were formerly separate, into one
fund, the Acquisition Services Fund.
40 U.S.C. 321, among other things,
grants the GSA Administrator latitude
in determining how to use net operating
revenue from the MAS Program,
including funding other Federal
Acquisition Services (FAS) programs or
funding initiatives benefitting other FAS
programs. Essentially, use of MAS
program revenue may extend beyond
mere MAS Program cost recovery. In the
past, GSA did not convey this
information directly to MAS Program
customers.
Additionally, GSA is making
administrative changes by updating all
references to ‘‘Federal Supply Service’’
or ‘‘FSS’’ in the IFF clause to reflect the
current organizational name: ‘‘Federal
Acquisition Services’’ or ‘‘FAS’’, as
appropriate.
This final rule complies with the
recommendations of the GSA OIG, and
facilitates transparency and open
government, as well as more accurately
reflects the current MAS Program
relative to use of the IFF. This final rule
is separate and apart from any agency
action that may change or alter the IFF
rate or fee structure.
II. Discussion and Analysis
As a result of the publication of the
proposed rule, one public comment was
received and is addressed in this rule.
Another public comment was received
pertaining to the information collection
and is addressed directly in section V.
Paperwork Reduction Act of this rule.
GSA has reviewed the comments in the
development of this final rule and offers
the following responses:
Comment: The commenter expressed
two concerns about the collection
requirements of IFF reporting for
Transportation Service Providers
(TSPs). The commenter believes the
scope of the information collection
requirement is inadequately defined and
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measured. This comment is addressed
in section V. Paperwork Reduction Act
of this rule.
Additionally, the commenter
expressed that the information sought
by GSA is in excess of what is necessary
for the Agency to run its Freight
Transportation Management Program.
Response: The IFF represents a
percentage of the total quarterly sales
reported under the Multiple Award
Schedules FSS Program. The IFF
reimburses FSS for the costs of
operating the FSS Program and enables
FSS to recoup its operating costs from
ordering activities. Although the
General Freight Traffic Management
Program also makes reference to an
‘‘Industrial Funding Fee’’ in its Request
for Offers, that IFF is separate and
distinct from the Industrial Funding Fee
referenced in this case, which only
relates to GSA’s Multiple Award
Schedules Program. As the commenter
correctly states, the IFF referenced
under the General Freight Traffic
Management Program does not apply to
MAS, and thus this change is outside
the scope of the General Freight Traffic
Management Program.
Therefore, no changes were made to
the final rule as a result of the comment
received.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
The General Services Administration
certifies that this final rule will not 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 final rule clarifies GSA’s
use of the IFF collected under the MAS
Program, consistent with the GSA
Modernization Act and the
recommendation of the GSA OIG. This
change will not only implement the
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OIG’s recommendations but will also
benefit the agencies, GSA, FAS, and the
MAS Program by facilitating
transparency, accountability, and clarity
about the MAS policy and operational
procedures. This rule does not require
implementation of any new changes on
the part of businesses, large or small
doing business with GSA. Therefore, an
Initial Regulatory Flexibility Analysis
has not been performed.
V. Paperwork Reduction Act
Discussion and Analysis
One respondent submitted a comment
on the second information collection
notice. The analysis of the public
comment is summarized as follows:
Comment: The commenter felt that
the Agency’s estimate did not accurately
reflect the public burden experienced by
Transportation Service Providers under
the Freight Transportation Management
Program. The IFF clause requires
quarterly submission of the IFF.
However, under the Standard Tender of
Service governing Transportation
Service Providers in the Freight
Transportation Management Program,
reports are due on a monthly basis.
Thus, presenting a much greater IC
burden than estimated in the notice.
Response: GSA does not agree with
commenter’s comment. The Paperwork
Reduction Act (PRA) requires agencies
to estimate the burden imposed on the
public in complying with the collection.
The estimated burden hours for this
reporting requirement are consistent
with previously approved estimates
under this information collection. These
proposed GSAR revisions merely update
the clause to reflect how GSA may use
the IFF to include the ability to fund
other FAS programs and fund initiatives
that benefit other FAS programs. This is
only an administrative change, and does
not represent a program change that
affects the existing reporting
requirement associated with this case.
Additionally, the estimated burden
hours already take into consideration
the varying amount of time it can take
for different types of entities to comply
with the clause each quarter. The
estimate is meant to represent an
approximate average across the entire
MAS Program. The estimated number of
respondents is consistent with
previously updated information
collections affecting all MAS Program
contractors. Also, the number of
contractors under the MAS Program
changes constantly and therefore a
rounded estimate is utilized for this
purpose.
GSA does not concur with the
commenter’s suggested revision to
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Federal Register / Vol. 79, No. 73 / Wednesday, April 16, 2014 / Rules and Regulations
current burden estimates, and as a
result, no changes were made to the
burden estimates.
The Paperwork Reduction Act (44
U.S.C. chapter 35) applies. The rule
contains information collection
requirements. The Office of
Management and Budget (OMB) has
cleared this information collection
requirement under OMB Control
Number 3090–0121, titled: Industrial
Funding Fee and Sales Reporting.
Public reporting burden for this
collection of information is estimated to
average .0833 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection information.
The annual reporting burden is
estimated as follows:
Respondents: 19,000.
Responses per Respondent: 4.
Total Responses: 76,000.
Hours per Response: .0833.
Total Burden Hours: 6,330.80.
Modifications (Federal Supply
Schedule) [May 16, 2014]
*
*
*
*
*
(b) * * *
(2) The IFF represents a percentage of the
total quarterly sales reported. This percentage
is set at the discretion of GSA’s FAS. GSA’s
FAS has the unilateral right to change the
percentage at any time, but not more than
once per year. FAS will provide reasonable
notice prior to the effective date of the
change. The IFF reimburses FAS for the costs
of operating the Federal Supply Schedules
Program. FAS recoups its operating costs
from ordering activities as set forth in 40
U.S.C. 321: Acquisition Services Fund. Net
operating revenues generated by the IFF are
also applied to fund initiatives benefitting
other authorized FAS programs, in
accordance with 40 U.S.C. 321. Offerors must
include the IFF in their prices. The fee is
included in the award price(s) and reflected
in the total amount charged to ordering
activities. FAS will post notice of the current
IFF at https://72a.gsa.gov/ or successor Web
site as appropriate.
*
*
*
*
*
[FR Doc. 2014–08659 Filed 4–15–14; 8:45 am]
BILLING CODE 6820–61–P
List of Subjects in 48 CFR Part 552
Government procurement.
DEPARTMENT OF TRANSPORTATION
Dated: March 20, 2014.
Jeffrey Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy.
Office of the Secretary
49 CFR Parts 21, 27, 37, and 38
RIN 2105–AE25
Therefore, GSA amends 48 CFR part
552 as set forth below:
Miscellaneous Civil Rights
Amendments (RRR)
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
AGENCY:
1. The authority citation for 48 CFR
part 552 continues to read as follows:
SUMMARY:
Office of the Secretary (OST),
Department of Transportation (DOT).
ACTION: Final rule.
■
Authority: 40 U.S.C. 121(c).
2. Amend section 552.238–74 by—
a. Revising the heading and date of the
clause;
■ b. Removing from paragraph (a)(2)
‘‘within’’ and adding ‘‘Federal
Acquisition Services (FAS) within’’ in
its place;
■ c. Removing from paragraph (a)(4)
‘‘Supply’’ and adding ‘‘Acquisition’’ in
its place; and removing ‘‘FSS’’ and
adding ‘‘FAS’’ in its place (twice);
■ d. Removing from the introductory
text of paragraph (b) and paragraph
(b)(1) ‘‘FSS’’ and adding ‘‘FAS’’ in its
place;
■ e. Revising paragraph (b)(2); and
■ f. Removing from paragraph (c) ‘‘FSS’’
and adding ‘‘FAS’’ in its place (twice).
The revised text reads as follows:
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■
■
552.238–74 Industrial Funding Fee and
Sales Reporting.
*
*
*
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This final rule revises some of
the Department’s civil rights regulations
by removing obsolete and inconsistent
language.
DATES: This rule is effective April 16,
2014.
FOR FURTHER INFORMATION CONTACT: Jill
Laptosky, Attorney–Advisor, Office of
the General Counsel, 1200 New Jersey
Avenue SE., Washington, DC 20590. She
may also be reached by telephone at
202–493–0308 or by email at
jill.laptosky@dot.gov.
SUPPLEMENTARY INFORMATION:
Part 21
In 1991, Congress redesignated the
Urban Mass Transportation
Administration (UMTA) as the Federal
Transit Administration (FTA), as part of
the Intermodal Surface Transportation
Efficiency Act of 1991, Public Law 102–
240 (Dec. 18, 1991). To reflect this
change, this final rule updates Part 21
of DOT’s regulations by replacing
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references to UMTA and its programs
with references to FTA and FTA’s
equivalent programs. This final rule also
amends statutory authority citations, as
appropriate, to reflect UMTA’s
designation as the FTA. These
amendments are nonsubstantive.
Part 27
The Department’s regulations at 49
CFR Part 27 carry out section 504 of the
Rehabilitation Act of 1973 (29 U.S.C.
794), as amended, to ensure that no
otherwise qualified individual with a
disability in the United States shall,
solely by reason of his or her disability,
be excluded from participation in, be
denied the benefits of, or be subjected
to discrimination under any program or
activity receiving Federal financial
assistance. This final rule updates
terminology (e.g., changes
‘‘handicapped person’’ to ‘‘person with
a disability’’) in Part 27 to make it
consistent with current practice under
the Americans with Disabilities Act
(ADA). This updated, ‘‘person-first’’
terminology is already being used
elsewhere in the Department’s
regulations, including its ADA and Air
Carrier Access Act regulations. This
change is nonsubstantive.
This final rule also corrects a
reference to the subpart on Enforcement,
which is subpart C. This correction
removes a reference to subpart F in part
27, which no longer exists. This
correction is nonsubstantive.
Part 37
The Access Board is a Federal agency
whose primary mission is accessibility
for individuals with disabilities. To
facilitate the implementation of the
ADA and related regulatory
requirements, the Access Board
publishes the Americans with
Disabilities Act Accessibility Guidelines
(ADAAG). Until October 30, 2006, DOT
republished the Access Board’s ADAAG
as Appendix A to Part 37. Although
DOT continues to require conformity
with relevant ADAAG standards, DOT
determined in 2006 that, because ‘‘the
entire text of the new ADAAG is
available in materials published by the
Access Board, the Department is not
republishing the voluminous text’’ as an
appendix to Part 37. See 71 FR 63263,
63264. Because DOT ceased publishing
the ADAAG as an appendix to Part 37,
and because the Access Board
periodically revises the ADAAG, certain
Part 37 provisions referencing the old
Appendix A are now obsolete. For
example, 49 CFR 37.47 and 37.51 each
defined certain regulatory requirements
by reference to the Department’s old
part 37 Appendix A. When these
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]]>Agencies
[Federal Register Volume 79, Number 73 (Wednesday, April 16, 2014)]
[Rules and Regulations]
[Pages 21400-21402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08659]
=======================================================================
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 552
[(Change 57); GSAR Case 2012-G503 Docket No. 2012-0018; Sequence No. 1]
RIN 3090-AJ36
General Services Administration Acquisition Regulation; (GSAR);
Industrial Funding Fee (IFF) and Sales Reporting
AGENCIES: Office of Acquisition Policy, General Services
Administration (GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is issuing a final
rule amending the General Services Administration Acquisition
Regulation (GSAR) to address the use of the Industrial Funding Fee
(IFF) collected under the Multiple Award Schedules (MAS) Program. The
rule reflects GSA's current use of the Industrial Funding Fee, which
includes uses specified in the Acquisition Services Fund, and which
extend beyond the purposes currently stated in the GSAR.
DATES: Effective: May 16, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Dana Munson, General Services
Acquisition Policy Division, GSA, 202-357-9652, or via email at
Dana.Munson@gsa.gov, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite GSAR case 2012-G503.
SUPPLEMENTARY INFORMATION:
A. Background
GSA published a proposed rule with a request for public comments in
the Federal Register at 77 FR 76446 on December 28, 2012, to address
use of revised GSAR clause 552.238-74 Industrial Funding Fee (IFF)
under the Multiple Award Schedules (MAS) Program, and reinstatement
with changes of the information collection requirement concerning OMB
Control Number 3090-0121, Industrial Funding Fee (IFF) and Sales
Reporting. One comment was received.
In response, GSA published a second Information Collection notice
request for public comments in the Federal Register at 78 FR 27239, on
May 9, 2013 in which the comment from the first notice was addressed
and to receive additional comments on the collection. One comment
pertaining to the rule was received and is addressed in the Discussion
and Analysis section of this rule. Another comment was received
pertaining to the collection and is addressed in the Paperwork
Reduction Act section of this rule.
The proposed rule sought to amend the GSAR to update the text
addressing GSAR part 552, Solicitation Provisions and Contract Clauses
at 552.238-74 Industrial Funding Fee (IFF) and Sales Reporting. This
change will improve the Multiple Award Schedules (MAS) Program by
facilitating transparency and open government, and more accurately
define the current MAS Program operations while simultaneously
complying with the recommendations of the GSA Office of Inspector
General (OIG).
Currently, the language contained in the IFF Clause under GSAR
552.238-74(b)(2) states ``. . . The IFF reimburses the Federal Supply
Service for the costs of operating the Federal Supply Schedules Program
and recoups its operating costs from ordering activities.'' The GSA
OIG's Audit of the Multiple Award Schedule Program Industrial Funding
Fee (Report Number A090256/Q/A/P12003), dated February 3, 2012 (the
``OIG Report''), recommended that GSA further improve transparency in
the MAS Program by informing MAS customers that the IFF may be used to
fund other eligible GSA
[[Page 21401]]
programs besides those that manage the MAS program. As a result of the
OIG recommendation, GSA is amending the current language at GSAR clause
552.238-74 Industrial Funding Fee (IFF) and Sales Reporting to include
the expanded role of net revenue generated by IFF payments.
In addition, the OIG Report cited the GSA Modernization Act (Pub.
L. 109-313, 120 Stat. 1734 (2006), codified in relevant part at 40
U.S.C. 321), as the authority under which net operating revenue
generated by the IFF can be used for more than simple recoupment of
costs to run the MAS Program.
The GSA Modernization Act combined the General Supply Fund and the
Information Technology Fund which were formerly separate, into one
fund, the Acquisition Services Fund.
40 U.S.C. 321, among other things, grants the GSA Administrator
latitude in determining how to use net operating revenue from the MAS
Program, including funding other Federal Acquisition Services (FAS)
programs or funding initiatives benefitting other FAS programs.
Essentially, use of MAS program revenue may extend beyond mere MAS
Program cost recovery. In the past, GSA did not convey this information
directly to MAS Program customers.
Additionally, GSA is making administrative changes by updating all
references to ``Federal Supply Service'' or ``FSS'' in the IFF clause
to reflect the current organizational name: ``Federal Acquisition
Services'' or ``FAS'', as appropriate.
This final rule complies with the recommendations of the GSA OIG,
and facilitates transparency and open government, as well as more
accurately reflects the current MAS Program relative to use of the IFF.
This final rule is separate and apart from any agency action that may
change or alter the IFF rate or fee structure.
II. Discussion and Analysis
As a result of the publication of the proposed rule, one public
comment was received and is addressed in this rule. Another public
comment was received pertaining to the information collection and is
addressed directly in section V. Paperwork Reduction Act of this rule.
GSA has reviewed the comments in the development of this final rule and
offers the following responses:
Comment: The commenter expressed two concerns about the collection
requirements of IFF reporting for Transportation Service Providers
(TSPs). The commenter believes the scope of the information collection
requirement is inadequately defined and measured. This comment is
addressed in section V. Paperwork Reduction Act of this rule.
Additionally, the commenter expressed that the information sought
by GSA is in excess of what is necessary for the Agency to run its
Freight Transportation Management Program.
Response: The IFF represents a percentage of the total quarterly
sales reported under the Multiple Award Schedules FSS Program. The IFF
reimburses FSS for the costs of operating the FSS Program and enables
FSS to recoup its operating costs from ordering activities. Although
the General Freight Traffic Management Program also makes reference to
an ``Industrial Funding Fee'' in its Request for Offers, that IFF is
separate and distinct from the Industrial Funding Fee referenced in
this case, which only relates to GSA's Multiple Award Schedules
Program. As the commenter correctly states, the IFF referenced under
the General Freight Traffic Management Program does not apply to MAS,
and thus this change is outside the scope of the General Freight
Traffic Management Program.
Therefore, no changes were made to the final rule as a result of
the comment received.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The General Services Administration certifies that this final rule
will not 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 final rule clarifies GSA's use of the
IFF collected under the MAS Program, consistent with the GSA
Modernization Act and the recommendation of the GSA OIG. This change
will not only implement the OIG's recommendations but will also benefit
the agencies, GSA, FAS, and the MAS Program by facilitating
transparency, accountability, and clarity about the MAS policy and
operational procedures. This rule does not require implementation of
any new changes on the part of businesses, large or small doing
business with GSA. Therefore, an Initial Regulatory Flexibility
Analysis has not been performed.
V. Paperwork Reduction Act
Discussion and Analysis
One respondent submitted a comment on the second information
collection notice. The analysis of the public comment is summarized as
follows:
Comment: The commenter felt that the Agency's estimate did not
accurately reflect the public burden experienced by Transportation
Service Providers under the Freight Transportation Management Program.
The IFF clause requires quarterly submission of the IFF. However, under
the Standard Tender of Service governing Transportation Service
Providers in the Freight Transportation Management Program, reports are
due on a monthly basis. Thus, presenting a much greater IC burden than
estimated in the notice.
Response: GSA does not agree with commenter's comment. The
Paperwork Reduction Act (PRA) requires agencies to estimate the burden
imposed on the public in complying with the collection. The estimated
burden hours for this reporting requirement are consistent with
previously approved estimates under this information collection. These
proposed GSAR revisions merely update the clause to reflect how GSA may
use the IFF to include the ability to fund other FAS programs and fund
initiatives that benefit other FAS programs. This is only an
administrative change, and does not represent a program change that
affects the existing reporting requirement associated with this case.
Additionally, the estimated burden hours already take into
consideration the varying amount of time it can take for different
types of entities to comply with the clause each quarter. The estimate
is meant to represent an approximate average across the entire MAS
Program. The estimated number of respondents is consistent with
previously updated information collections affecting all MAS Program
contractors. Also, the number of contractors under the MAS Program
changes constantly and therefore a rounded estimate is utilized for
this purpose.
GSA does not concur with the commenter's suggested revision to
[[Page 21402]]
current burden estimates, and as a result, no changes were made to the
burden estimates.
The Paperwork Reduction Act (44 U.S.C. chapter 35) applies. The
rule contains information collection requirements. The Office of
Management and Budget (OMB) has cleared this information collection
requirement under OMB Control Number 3090-0121, titled: Industrial
Funding Fee and Sales Reporting.
Public reporting burden for this collection of information is
estimated to average .0833 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection information.
The annual reporting burden is estimated as follows:
Respondents: 19,000.
Responses per Respondent: 4.
Total Responses: 76,000.
Hours per Response: .0833.
Total Burden Hours: 6,330.80.
List of Subjects in 48 CFR Part 552
Government procurement.
Dated: March 20, 2014.
Jeffrey Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy.
Therefore, GSA amends 48 CFR part 552 as set forth below:
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
0
2. Amend section 552.238-74 by--
0
a. Revising the heading and date of the clause;
0
b. Removing from paragraph (a)(2) ``within'' and adding ``Federal
Acquisition Services (FAS) within'' in its place;
0
c. Removing from paragraph (a)(4) ``Supply'' and adding ``Acquisition''
in its place; and removing ``FSS'' and adding ``FAS'' in its place
(twice);
0
d. Removing from the introductory text of paragraph (b) and paragraph
(b)(1) ``FSS'' and adding ``FAS'' in its place;
0
e. Revising paragraph (b)(2); and
0
f. Removing from paragraph (c) ``FSS'' and adding ``FAS'' in its place
(twice).
The revised text reads as follows:
552.238-74 Industrial Funding Fee and Sales Reporting.
* * * * *
Modifications (Federal Supply Schedule) [May 16, 2014]
* * * * *
(b) * * *
(2) The IFF represents a percentage of the total quarterly sales
reported. This percentage is set at the discretion of GSA's FAS.
GSA's FAS has the unilateral right to change the percentage at any
time, but not more than once per year. FAS will provide reasonable
notice prior to the effective date of the change. The IFF reimburses
FAS for the costs of operating the Federal Supply Schedules Program.
FAS recoups its operating costs from ordering activities as set
forth in 40 U.S.C. 321: Acquisition Services Fund. Net operating
revenues generated by the IFF are also applied to fund initiatives
benefitting other authorized FAS programs, in accordance with 40
U.S.C. 321. Offerors must include the IFF in their prices. The fee
is included in the award price(s) and reflected in the total amount
charged to ordering activities. FAS will post notice of the current
IFF at https://72a.gsa.gov/ or successor Web site as appropriate.
* * * * *
[FR Doc. 2014-08659 Filed 4-15-14; 8:45 am]
BILLING CODE 6820-61-P
