General Services Administration Acquisition Regulation (GSAR); Purchasing by Non-Federal Entities, 21691-21695 [2014-08648]
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Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Proposed Rules
Oregon title V program included a
demonstration that fees were adequate,
and the State will collect a fee from title
V sources above the presumptive
minimum in accordance with 40 CFR
70.9(b)(2)(i). In addition, Oregon
regulations require fees for purposes of
major and minor NSR permitting, as
specified in OAR 340–216 ‘‘Air
Contaminant Discharge Permits’’–0020
(Table 2) ‘‘ACDP Fee Schedule’’ and
–0090 (Table 1) ‘‘Sources Subject to
ADCP and Fees.’’ Therefore, we are
proposing to conclude that Oregon has
satisfied the requirements of CAA
section 110(a)(2)(L) for the 2008 Pb
NAAQS.
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110(a)(2)(M): Consultation/Participation
by Affected Local Entities
CAA section 110(a)(2)(M) requires
states to provide for consultation and
participation in SIP development by
local political subdivisions affected by
the SIP.
State submittal: The Oregon submittal
refers to the following laws and
regulations:
• ORS 468.020 ‘‘Rules and Standards’’
• ORS 468.035 ‘‘Functions of
Department’’ paragraphs (a), (c), (f),
and (g)
• ORS 468A.010 ‘‘Policy’’ paragraphs
(1)(b) and (c)
• ORS 468A.035 ‘‘General
Comprehensive Plan’’
• ORS 468A.040 ‘‘Permits; Rules’’
• ORS 468A.055 ‘‘Notice Prior to
Construction of New Sources; Order
Authorizing or Prohibiting
Construction; Effect of No Order;
Appeal’’
• ORS 468A.070 ‘‘Measurement and
Testing of Contamination Sources;
Rules’’
• ORS 468A.100–180 ‘‘Regional Air
Quality Control Authorities’’
• OAR 340–200 ‘‘General Air Pollution
Procedures and Definitions’’
• OAR 340–204 ‘‘Designation of Air
Quality Areas’’
• OAR 340–216 ‘‘Air Contaminant
Discharge Permits’’
EPA analysis: The regulations cited by
Oregon were previously approved on
December 27, 2011 (76 FR 80747), and
provide for consultation and
participation in SIP development by
local political subdivisions affected by
the SIP. We are proposing to approve
the Oregon SIP as meeting the
requirements of CAA section
110(a)(2)(M) for the 2008 Pb NAAQS.
V. Proposed Action
The EPA is proposing to approve the
portion of the December 27, 2013, SIP
submittal from Oregon relating to the
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infrastructure requirements of the 2008
Pb NAAQS. Specifically, we are
proposing to approve the submitted
revision to OAR 340–202–0130
‘‘Ambient Air Quality Standard for
Lead’’ and the addition of OAR 340–
202–0020 ‘‘Applicability.’’ We are
proposing to find that the Oregon SIP
meets the following CAA section
110(a)(2) infrastructure elements for the
2008 Pb NAAQS: (A), (B), (C), (D)(i)(II),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M).
As described in detail above, we are
not approving the submitted revision to
OAR 340–200–0040 ‘‘State of Oregon
Clean Air Act Implementation Plan.’’ In
addition, we are taking no action on the
submitted revisions to OAR 340–200–
0020 ‘‘General Air Quality Definitions,
Table 1—Significant Air Quality
Impact,’’ OAR 340–202–0070 ‘‘Sulfur
Dioxide,’’ and OAR 340–202–0100
‘‘Nitrogen Dioxide’’ because these
revisions are outside the scope of the
2008 Pb infrastructure SIP. We intend to
address these revisions in a separate
action.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves the state’s law
as meeting Federal requirements and
does not impose additional
requirements beyond those imposed by
the state’s law. For that reason, this
proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
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21691
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to the requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
this action does not involve technical
standards; and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and the EPA notes
that it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Lead, Particulate matter,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 27, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2014–08608 Filed 4–16–14; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 511, 538, and 552
[GSAR Case 2010–G511; Docket 2014–0008;
Sequence 1]
RIN 3090–AJ43
General Services Administration
Acquisition Regulation (GSAR);
Purchasing by Non-Federal Entities
Office of Acquisition Policy,
General Services Administration.
ACTION: Proposed rule with request for
comments.
AGENCY:
The General Services
Administration (GSA) is issuing a
proposed rule amending the General
Services Administration Acquisition
Regulation (GSAR), Describing Agency
Needs, to implement the Federal Supply
SUMMARY:
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Schedules Usage Act of 2010 (FSSUA),
the Native American Housing
Assistance and Self-Determination
Reauthorization Act of 2008
(NAHASDA), the John Warner National
Defense Authorization Act for Fiscal
Year 2007 (NDAA), and the Local
Preparedness Acquisition Act for Fiscal
Year 2008 (LPAA), to provide increased
access to GSA’s Federal Supply
Schedules (Schedules). GSA is also
amending GSAR regarding Federal
Supply Schedule Contracting and
Solicitation Provisions and Contract
Clauses, in regard to this statutory
implementation.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before June 16, 2014 to
be considered in the formulation of a
final rule.
ADDRESSES: Submit comments
identified by GSAR Case 2010–G511,
Purchasing by Non-Federal Entities, by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
by searching for ‘‘GSAR Case 2010–
G511’’. Select the link ‘‘Comment Now’’
and follow the instructions provided at
the ‘‘You are commenting on’’ screen.
Please include your name, company
name (if any), and ‘‘GSAR Case 2010–
G511’’, on your attached document.
• Fax: 202–501–4067.
• Mail: U.S. General Services
Administration, Regulatory Secretariat
Division (MVCB), 1800 F Street NW.,
2nd Floor, ATTN: Hada Flowers,
Washington, DC 20405–0001.
Instructions: Please submit comments
only and cite GSAR Case 2010–G511 in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Dana Munson, General Services
Acquisition Policy Division, GSA, 202–
357–9652 or email 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 2010–G511.
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Supply Schedules
Program, which is operated by GSA, is
designed to provide Federal agencies
with a simplified process of acquiring
commonly used commercial supplies
and services at prices associated with
volume buying. Ordering activities
conduct streamlined competitions
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among a number of Schedule
contractors, issue orders directly to the
selected contractor, and administer
orders.
GSA is issuing a proposed rule
amending Parts 511, 538, and 552 of the
GSAR to implement a number of
statutory provisions to provide
increased access to GSA’s Schedules to
the American National Red Cross, other
qualified organizations, which includes
National Voluntary Organizations
Active in Disaster (NVOAD), and state
or local governments, pursuant to the
FSSUA (Pub. L. 111–263).
Specifically, section 2 of the FSSUA
added subsection 40 U.S.C. 502(e),
authorizing the use of the Schedules by
the American National Red Cross and
other qualified organizations in certain
circumstances.
Further, section 3 of the FSSUA
added subsection 40 U.S.C. 502(f),
which requires all users of the
Schedules, including non-Federal users,
to use the contracts in accordance with
the ordering guidance provided by the
Administrator of the General Services.
GSA encourages non-Federal users to
follow the Schedules ordering
procedures set forth in the Federal
Acquisition Regulation (FAR) 8.4;
however, non-Federal users may use
different established competitive
ordering procedures if such procedures
are needed to satisfy their state or local
acquisition regulations and/or
organizational policies.
Finally, section 4 of the FSSUA
further amended 40 U.S.C. 502 to
include additional purchasing authority
for state or local governments by
inserting ‘‘to facilitate disaster
preparedness or response,’’ after ‘‘Robert
T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5121, et seq.)’’ in 40 U.S.C. 502(d)(1).
FSSUA provides for the following:
• The Administrator may provide for
the use of the Schedules by the
American National Red Cross.
Purchases by the American National
Red Cross under authority derived from
the FSSUA shall be used in furtherance
of the purposes of American National
Red Cross as set forth in 36 U.S.C.
300102. The authority under FSSUA
may not be used to purchase supplies
for resale.
• The Administrator may provide for
the use of Schedules by other qualified
organizations, to include NVOADs.
Purchases under this authority by other
qualified organizations shall be used in
furtherance of purposes determined to
be appropriate to facilitate emergency
preparedness and disaster relief and set
forth in guidance by the Administrator
of General Services, in consultation
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with the Administrator of the Federal
Emergency Management Agency. This
authority may not be used to purchase
supplies for resale. The term ‘‘qualified
organization’’ means a relief or disaster
assistance organization as described in
section 309 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5152).
• State or local governments are
authorized to use Schedules for certain
goods and services to be used to
facilitate disaster preparedness or
response. FSSUA expands upon the
authority granted under Section 833 of
the NDAA, which allows state or local
governments to use GSA’s Schedules to
recover from a disaster or attack.
As a result of the above authorities,
GSA is adding the following definitions
to GSAR 538.7001:
• ‘‘Preparedness’’ means actions that
may include, but are not limited to
planning, resourcing, training,
exercising, and organizing to build,
sustain, and improve operational
disaster response capabilities.
Preparedness also includes the process
of identifying the personnel, training,
and equipment needed for a wide range
of potential incidents, and developing
jurisdiction–specific plans for
delivering capabilities when needed for
an incident.
• ‘‘Response’’ means immediate
actions taken during a disaster, or in its
immediate aftermath, in order to save
lives, protect property and the
environment, and to meet basic human
needs. Response also includes the
execution of emergency plans and
actions to support short-term recovery.
• ‘‘Recovery’’ means actions
including, but not limited to, the
development, coordination, and
execution of service-and site-restoration
plans; the reconstitution of Government
operations and services; individual,
private-sector, nongovernmental, and
public-assistance programs to provide
housing and to promote restoration;
long-term care and treatment of affected
persons; additional measures for social,
political, environmental, and economic
restoration; evaluation of the incident to
identify lessons learned; post-incident
reporting; and development of
initiatives to mitigate the effects of
future incidents.
• ‘‘Relief’’ means disaster ‘‘response’’
and ‘‘recovery’’. Please see full
definitions for these terms.
All users of GSA’s Schedules,
including non-Federal users, shall use
the Schedules in accordance with the
ordering guidance provided by the
Administrator of General Services. GSA
encourages non-Federal users to follow
the Schedule Ordering Procedures set
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forth in FAR subpart 8.4, but they may
use different established competitive
ordering procedures if such procedures
are needed to satisfy their state and
local acquisition regulations and/or
organizational policies.
The authority granted under FSSUA
is available for use on a voluntary (i.e.,
non-mandatory) basis. In other words,
businesses with Schedule contracts
have the option of deciding whether
they will accept orders placed by state
or local governments, the American
National Red Cross, or other qualified
organizations.
Additionally, Section 101 of
NAHASDA (Pub. L. 110–411) codified
at 25 U.S.C. 4111(j), provides that ‘‘each
Indian tribe or tribally designated
housing entity shall be considered to be
an Executive agency in carrying out any
program, service, or other activity under
this Act; and (2) each Indian tribe or
tribally designated housing entity and
each employee of the Indian tribe or
tribally designated housing entity shall
have access to sources of supply on the
same basis as employees of an Executive
agency’’. As such, tribes or tribally
designated housing entities expending
funds from block grants pursuant to
NAHASDA may access GSA’s sources of
supply, including the Schedules, at
their discretion.
Additionally, this proposed rule
amends GSAR Parts 511, 538, and 552
to implement Section 833 of the NDAA.
Section 833 amends 40 U.S.C. 502(d)(1)
to authorize the Administrator of
General Services to provide to state or
local governments the use of GSA’s
Schedules for the purchase of goods or
services to be used to facilitate recovery
from a major disaster declared by the
President under the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121, et seq.)
or to facilitate recovery from terrorism
or nuclear, biological, chemical, or
radiological attack.
Section 833 also amends 40 U.S.C.
502(d)(2) to require the Secretary of
Homeland Security to determine which
goods and services qualify before the
Administrator provides for the use of
GSA’s Schedules. House Report 109–
452 of the Committee on Armed
Services indicates that section 833
(referred to in the House Report as
section 823), builds on the
implementation of the Cooperative
Purchasing Program authorized in
Section 211 of the E-Government Act of
2002, which permitted state or local
governments to access GSA’s
information technology schedule,
known as Schedule 70.
Finally, the LPAA amended 40 U.S.C.
502(c), by authorizing the Administrator
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of General Services to provide to state
or local governments the use of GSA’s
Schedules for the acquisition of law
enforcement, security, and certain other
related items.
The non-Federal ordering activity is
responsible for ensuring that only
authorized representatives of its
organization place orders and that goods
or services ordered are used only for the
purposes authorized. Existing Schedule
contracts may be modified only by
mutual agreement of the parties. After
an existing contract has been modified,
a Schedule contractor still retains the
right to decline orders by non-Federal
entities on a case-by-case basis. This
applies to future Schedule contractors,
as well. Schedule contractors may
decline any order from entities outside
the Executive Branch (see GSAR
552.238–78). Similarly, the rule places
no obligation on non-Federal buyers to
use Schedule contracts. They will have
full discretion to decide if they wish to
make a Schedule purchase, subject
however, to any limitations that may be
established under state and local laws or
organizational policies.
The Federal Government will not be
liable for the performance or
nonperformance of orders established
under the authority of this rule between
Schedule contractors and eligible nonFederal entities. Disputes that cannot be
resolved by the parties to the new
contract can be litigated in any court of
competent jurisdiction over the parties.
The prices of supplies and services
available on Schedule contracts include
an industrial funding fee. The fee covers
the administrative costs incurred by
GSA to operate the Schedules program.
The fee will be periodically adjusted as
necessary to recover the cost of
operating the program.
II. 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.
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III. Regulatory Flexibility Act
The change may 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
implementing the authorities
enumerated herein will expand or add
the ability for additional qualified
organizations to procure from GSA’s
Schedule contracts. For small
businesses that hold a Schedule
contract, their sales may increase for
orders placed in order to prepare for a
disaster.
The Initial Regulatory Flexibility
Analysis (IRFA) is summarized as
follows:
This rule is to implement the Federal
Supply Schedules Usage Act of 2010, which
was effective upon Presidential signature.
The Act allows GSA to further expand access
to Schedules for state and local governments,
the American National Red Cross, and allows
‘‘other qualified organizations’’ access to
Schedules when purchasing in support of
emergency preparedness and disaster relief.
Implementation of the Act will affect large
and small businesses.
Prior to this Act, except for some limited
exceptions, only state and local governments
and the American National Red Cross were
authorized to procure from Federal Supply
Schedule (FSS) contracts under specific
scopes. ‘‘Other qualified organizations’’ were
not previously authorized to procure from
FSS contracts.
Under the Act, the scope of authorized
users of FSS contracts was expanded to
include ‘‘other qualified organizations,’’
which is in addition to the already
authorized state and local governments and
the American National Red Cross (ANRC).
Access to Schedules for each of these entities
varies. The ANRC may access Schedules in
support of their Federal charter; state and
local governments may use the Schedules to
prepare, respond, and recover from major
disasters; and ‘‘other qualified organizations’’
may use the Schedules for emergency
preparedness and disaster relief.
It should be noted that this is an optional
program under the FSS program. This
proposed rule applies to all FSS contractors
that agree to sell goods and services to these
eligible entities, under the appropriate scope
of use. A modification will be issued
outlining if a contractor wishes to sell to each
of the 3 user groups, under the assigned
scope. There are no additional compliance
requirements for contractors than what is
already required; therefore, there is no
additional cost to small business if they
decide to participate.
The Regulatory Secretariat has
submitted a copy of the Initial
Regulatory Flexibility Analysis (IRFA)
to the Chief Counsel for Advocacy of the
Small Business Administration. A copy
of the IRFA may be obtained from the
Regulatory Secretariat. GSA invites
comments from small business concerns
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and other interested parties on the
expected impact of this rule on small
entities.
GSA will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule 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 2010–
G511), in correspondence.
IV. Paperwork Reduction Act
The proposed rule does not contain
any information collection requirements
that require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
List of Subjects in 48 CFR Parts 501,
538, and 552
Government procurement.
538.7000
*
*
*
*
(d) Other Federal Supply Schedules
as outlined in this subpart.
■ 6. Amend section 538.7001 by adding,
in alphabetical order, the definitions for
‘‘Preparedness’’, ‘‘Recovery’’, ‘‘Relief’’,
and ‘‘Response’’ to read as follows:
Definitions.
*
PART 511—DESCRIBING AGENCY
NEEDS
2. Amend section 511.204 by revising
paragraphs (b)(2) and (c) to read as
follows:
■
511.204 Solicitation provisions and
contract clauses.
*
*
*
*
(b) * * *
(2) The contracting officer shall
include the clause at 552.211–75,
Preservation, Packaging, and Packing, in
solicitations and contracts for supplies
expected to exceed the simplified
acquisition threshold. The contracting
officer may also include the clause in
contracts estimated to be at or below the
simplified acquisition threshold when
appropriate. The contracting officer
shall use Alternate I in solicitations and
contracts for all Federal Supply
Schedule Contracts.
*
*
*
*
*
(c) Supply contracts. The contracting
officer shall include the clause at
552.211–77, Packing List, in
solicitations and contracts for supplies,
including purchases over the
micropurchase threshold. Use Alternate
I in solicitations and contracts for all
Federal Supply Schedule Contracts.
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Scope of subpart.
*
538.7001
*
Contract clauses.
(a) * * *
(2) 552.238–71, Submission and
Distribution of Authorized FSS
Schedule Pricelists. Use Alternate I, in
solicitations and contracts for all
Federal Supply Schedule contracts.
(b) * * *
(2) 552.238–75, Price Reductions. Use
Alternate I in solicitations and contracts
for all Federal Supply Schedule
contracts.
■ 4. Revise the heading of subpart
538.70 to read as follows:
5. Amend section 538.7000 by adding
paragraph (d) to read as follows:
Authority: 40 U.S.C. 121(c).
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538.273
■
Therefore, GSA proposes to amend 48
CFR parts 511, 538, and 552 as set forth
below:
■ 1. The authority citations for 48 CFR
parts 511, 538, and 552 continue to read
as follows:
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3. Amend section 538.273 by revising
paragraphs (a)(2) and (b)(2) to read as
follows:
■
Subpart 538.70—Purchasing by NonFederal Entities
Dated: April 11, 2014.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, General Services
Administration.
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PART 538—FEDERAL SUPPLY
SCHEDULE CONTRACTING
*
*
*
*
Preparedness means actions that may
include, but are not limited to planning,
resourcing, training, exercising, and
organizing to build, sustain, and
improve operational disaster response
capabilities. Preparedness also includes
the process of identifying the personnel,
training, and equipment needed for a
wide range of potential incidents, and
developing jurisdiction-specific plans
for delivering capabilities when needed
for an incident.
Recovery means actions including,
but not limited to, the development,
coordination, and execution of serviceand site-restoration plans; the
reconstitution of Government operations
and services; individual, private-sector,
nongovernmental, and public-assistance
programs to provide housing and to
promote restoration; long-term care and
treatment of affected persons; additional
measures for social, political,
environmental, and economic
restoration; evaluation of the incident to
identify lessons learned; post-incident
reporting; and development of
initiatives to mitigate the effects of
future incidents.
Relief means disaster ‘‘response’’ and
‘‘recovery’’. Please see full definitions
for these terms.
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Response means immediate actions
taken during a disaster, or in its
immediate aftermath, in order to save
lives, protect property and the
environment, and meet basic human
needs. Response also includes the
execution of emergency plans and
actions to support short-term recovery.
*
*
*
*
*
■ 7. Amend section 538.7002 by
revising paragraph (d); and adding
paragraphs (e) through (g) to read as
follows:
538.7002
General.
*
*
*
*
*
(d) Public Law 109–364, the John
Warner National Defense Authorization
Act for Fiscal Year 2007 authorizing
state and local governments, to use
Federal Supply Schedule contracts to
purchase products and services to be
used to facilitate recovery from a major
disaster declared by the President under
the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42
U.S.C. 5121 et seq.) or to facilitate for
recovery from terrorism or nuclear,
biological, chemical, or radiological
attack. Public Law 111–263, the Federal
Supply Schedules Usage Act of 2010
authorizing state and local governments
to use Federal Supply Schedule
contracts to purchase products and
services to be used to facilitate disaster
preparedness or response.
(e) Public Law 111–263, the Federal
Supply Schedules Usage Act of 2010,
authorizes the American National Red
Cross to use Federal Supply Schedule
contracts to purchase goods or services
to be used in furtherance of its purposes
as set forth in its federal charter (36
U.S.C. 300102).
(f) Public Law 111–263, the Federal
Supply Schedules Usage Act of 2010,
authorizes other qualified organizations
to use Federal Supply Schedule
contracts to purchase products and
services in furtherance of purposes
determined to be appropriate to
facilitate emergency preparedness and
disaster relief and set forth in guidance
by the Administrator of General
Services, in consultation with the
Administrator of the Federal Emergency
Management Agency. Other qualified
organizations must meet the
requirements of 42 U.S.C. 5152.
(g) A listing of the participating
contractors and SINs for the goods and
services that are available under these
authorized Federal Supply Schedules, is
available in GSA’s e-Library at
www.gsa.gov/elibrary.
■ 8. Amend section 538.7003 by
revising the introductory text to read as
follows:
E:\FR\FM\17APP1.SGM
17APP1
21695
Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Proposed Rules
538.7003
Policy.
Preparing solicitations when
schedules are open to eligible nonfederal entities. When opening
authorized Federal Supply Schedules
for use by eligible non-federal entities,
the contracting officer must make minor
modifications to certain Federal
Acquisition Regulation and GSAM
provisions and clauses in order to make
clear distinctions between the rights and
responsibilities of the U.S. Government
in its management and regulatory
capacity pursuant to which it awards
schedule contracts and fulfills
associated Federal requirements versus
the rights and responsibilities of eligible
ordering activities placing orders to
fulfill agency needs. Accordingly, the
contracting officer is authorized to
modify the following FAR provisions/
clauses to delete ‘‘Government’’ or
similar language referring to the U.S.
Government and substitute ‘‘ordering
activity’’ or similar language when
preparing solicitations and contracts to
be awarded under authorized Federal
Supply Schedules. When such changes
are made, the word ‘‘(DEVIATION)’’
shall be added at the end of the title of
the provision or clause. These clauses
include but are not limited to:
*
*
*
*
*
■ 9. Revise section 538.7004 to read as
follows:
538.7004 Solicitation provisions and
contract clauses.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
(a) The contracting officer shall insert
the clause at 552.238–77, Definition
(Federal Supply Schedules), in
solicitations and contracts for all
Federal Supply Schedules.
(b) The contracting officer shall insert
the clause at 552.238–78, Scope of
Contract (Eligible Ordering Activities),
in solicitations and contracts for all
Federal Supply Schedules.
(c) The contracting officer shall insert
the clause at 552.238–79, Use of Federal
Supply Schedule Contracts by NonFederal Entities, in solicitations and
contracts for all Federal Supply
Schedules.
(d) See 552.101–70 for authorized
FAR deviations.
Subpart 538.71—[Removed and
Reserved]
10. Remove and reserve subpart
538.71.
■
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
11. Revise section 552.238–76 to read
as follows:
■
VerDate Mar<15>2010
14:53 Apr 16, 2014
Jkt 232001
552.238–76 Definition (Federal Supply
Schedules)—Non-Federal Entity
Purchasing.
As prescribed in 538.7104(a), insert
the following clause:
DEFINITION (FEDERAL SUPPLY
SCHEDULES)—NON–FEDERAL ENTITY
PURCHASING (DATE)
Ordering activity (also called ‘‘ordering
agency’’ and ‘‘ordering office’’) means an
eligible ordering activity (see (552.238–78,
authorized to place orders under Federal
Supply Schedule contracts.
(End of clause)
■ 12. Amend section 552.238–78 by—
■ a. Revising the clause heading;
■ b. Redesignating paragraphs (a)(7) and
(8) as paragraphs (a)(8) and (9),
respectively;
■ c. Adding a new paragraph (a)(7);
■ d. Revising paragraph (d);
■ e. Adding paragraph (h); and
■ f. Removing Alternate I.
The revised and added text reads as
follows:
(42 U.S.C. 5121, et seq.) to facilitate disaster
preparedness or response, or to facilitate
recovery from terrorism or nuclear,
biological, chemical, or radiological attack;
PROVIDED, the Contractor accepts order(s)
from such activities.
*
*
*
*
*
(h) All users of GSA’s Federal Supply
Schedules, including non-Federal users, shall
use the schedules in accordance with the
ordering guidance provided by the
Administrator of General Services. GSA
encourages non-Federal users to follow the
Schedule Ordering Procedures set forth in
the Federal Acquisition Regulation (FAR) 8.4,
but they may use different established
competitive ordering procedures if such
procedures are needed to satisfy their state
and local acquisition regulations and/or
organizational policies.
(End of clause)
■ 13. Amend section 552.238–79 by—
■ a. Revising the section heading;
■ b. Revising the introductory text; and
■ c. Revising the clause heading.
The revised text reads as follows:
552.238–78 Scope of Contract (Eligible
Ordering Activities).
552.238–79 Use of Federal Supply
Schedule Contracts by Non-Federal Entities
*
As prescribed in 538.7004(c) and
538.7104(c), insert the following clause:
*
*
*
*
SCOPE OF CONTRACT (ELIGIBLE
ORDERING ACTIVITIES) (DATE)
(a) * * *
(7) Tribes or tribally designated housing
entities pursuant to 25 U.S.C. 4111(j);
*
*
*
*
*
(d) The following activities may place
orders against Schedule contracts:
(1) State and local government may place
orders against Schedule 70 contracts, and
Consolidated Schedule contracts containing
information technology Special Item
Numbers, and Schedule 84 contracts, on an
optional basis; PROVIDED, the Contractor
accepts order(s) from such activities;
(2) The American National Red Cross may
place orders against Federal Supply
Schedules for products and services in
furtherance of the purposes set forth in its
Federal charter (36 U.S.C. 300102);
PROVIDED, the Contractor accepts order(s)
from the American National Red Cross; and
(3) Other qualified organizations, as
defined in section 309 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5152), may place
orders against Federal Supply Schedules for
products and services determined to be
appropriate to facilitate emergency
preparedness and disaster relief and set forth
in guidance by the Administrator of General
Services, in consultation with the
Administrator of the Federal Emergency
Management Agency; PROVIDED, the
Contractor accepts order(s) from such
activities.
(4) State and local governments may place
orders against Federal Supply Schedules for
goods or services determined by the
Secretary of Homeland Security to facilitate
recovery from a major disaster declared by
the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
USE OF FEDERAL SUPPLY SCHEDULE
CONTRACTS BY NON-FEDERAL ENTITIES
(DATE)
*
*
*
538.238–80
*
*
[Removed and Reserved]
14. Remove and reserve section
552.238–80.
■
[FR Doc. 2014–08648 Filed 4–16–14; 8:45 am]
BILLING CODE 6820–61–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 222, 223, and 229
[Docket No. 110812495–4315–02]
RIN 0648–BB37
Taking of Marine Mammals Incidental
to Commercial Fishing Operations;
Bottlenose Dolphin Take Reduction
Plan; Sea Turtle Conservation;
Modification to Fishing Activities
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
The National Marine
Fisheries Service (NMFS) proposes to
amend the Bottlenose Dolphin Take
Reduction Plan (BDTRP) and its
SUMMARY:
E:\FR\FM\17APP1.SGM
17APP1
]]>Agencies
[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Proposed Rules]
[Pages 21691-21695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08648]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 511, 538, and 552
[GSAR Case 2010-G511; Docket 2014-0008; Sequence 1]
RIN 3090-AJ43
General Services Administration Acquisition Regulation (GSAR);
Purchasing by Non-Federal Entities
AGENCY: Office of Acquisition Policy, General Services Administration.
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is issuing a
proposed rule amending the General Services Administration Acquisition
Regulation (GSAR), Describing Agency Needs, to implement the Federal
Supply
[[Page 21692]]
Schedules Usage Act of 2010 (FSSUA), the Native American Housing
Assistance and Self-Determination Reauthorization Act of 2008
(NAHASDA), the John Warner National Defense Authorization Act for
Fiscal Year 2007 (NDAA), and the Local Preparedness Acquisition Act for
Fiscal Year 2008 (LPAA), to provide increased access to GSA's Federal
Supply Schedules (Schedules). GSA is also amending GSAR regarding
Federal Supply Schedule Contracting and Solicitation Provisions and
Contract Clauses, in regard to this statutory implementation.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before June 16, 2014 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR Case 2010-G511,
Purchasing by Non-Federal Entities, by any of the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments by searching for ``GSAR Case 2010-G511''. Select the link
``Comment Now'' and follow the instructions provided at the ``You are
commenting on'' screen. Please include your name, company name (if
any), and ``GSAR Case 2010-G511'', on your attached document.
Fax: 202-501-4067.
Mail: U.S. General Services Administration, Regulatory
Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, ATTN: Hada
Flowers, Washington, DC 20405-0001.
Instructions: Please submit comments only and cite GSAR Case 2010-
G511 in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Dana Munson, General Services
Acquisition Policy Division, GSA, 202-357-9652 or email
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 2010-G511.
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Supply Schedules Program, which is operated by GSA, is
designed to provide Federal agencies with a simplified process of
acquiring commonly used commercial supplies and services at prices
associated with volume buying. Ordering activities conduct streamlined
competitions among a number of Schedule contractors, issue orders
directly to the selected contractor, and administer orders.
GSA is issuing a proposed rule amending Parts 511, 538, and 552 of
the GSAR to implement a number of statutory provisions to provide
increased access to GSA's Schedules to the American National Red Cross,
other qualified organizations, which includes National Voluntary
Organizations Active in Disaster (NVOAD), and state or local
governments, pursuant to the FSSUA (Pub. L. 111-263).
Specifically, section 2 of the FSSUA added subsection 40 U.S.C.
502(e), authorizing the use of the Schedules by the American National
Red Cross and other qualified organizations in certain circumstances.
Further, section 3 of the FSSUA added subsection 40 U.S.C. 502(f),
which requires all users of the Schedules, including non-Federal users,
to use the contracts in accordance with the ordering guidance provided
by the Administrator of the General Services. GSA encourages non-
Federal users to follow the Schedules ordering procedures set forth in
the Federal Acquisition Regulation (FAR) 8.4; however, non-Federal
users may use different established competitive ordering procedures if
such procedures are needed to satisfy their state or local acquisition
regulations and/or organizational policies.
Finally, section 4 of the FSSUA further amended 40 U.S.C. 502 to
include additional purchasing authority for state or local governments
by inserting ``to facilitate disaster preparedness or response,'' after
``Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121, et seq.)'' in 40 U.S.C. 502(d)(1).
FSSUA provides for the following:
The Administrator may provide for the use of the Schedules
by the American National Red Cross. Purchases by the American National
Red Cross under authority derived from the FSSUA shall be used in
furtherance of the purposes of American National Red Cross as set forth
in 36 U.S.C. 300102. The authority under FSSUA may not be used to
purchase supplies for resale.
The Administrator may provide for the use of Schedules by
other qualified organizations, to include NVOADs. Purchases under this
authority by other qualified organizations shall be used in furtherance
of purposes determined to be appropriate to facilitate emergency
preparedness and disaster relief and set forth in guidance by the
Administrator of General Services, in consultation with the
Administrator of the Federal Emergency Management Agency. This
authority may not be used to purchase supplies for resale. The term
``qualified organization'' means a relief or disaster assistance
organization as described in section 309 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5152).
State or local governments are authorized to use Schedules
for certain goods and services to be used to facilitate disaster
preparedness or response. FSSUA expands upon the authority granted
under Section 833 of the NDAA, which allows state or local governments
to use GSA's Schedules to recover from a disaster or attack.
As a result of the above authorities, GSA is adding the following
definitions to GSAR 538.7001:
``Preparedness'' means actions that may include, but are
not limited to planning, resourcing, training, exercising, and
organizing to build, sustain, and improve operational disaster response
capabilities. Preparedness also includes the process of identifying the
personnel, training, and equipment needed for a wide range of potential
incidents, and developing jurisdiction-specific plans for delivering
capabilities when needed for an incident.
``Response'' means immediate actions taken during a
disaster, or in its immediate aftermath, in order to save lives,
protect property and the environment, and to meet basic human needs.
Response also includes the execution of emergency plans and actions to
support short-term recovery.
``Recovery'' means actions including, but not limited to,
the development, coordination, and execution of service-and site-
restoration plans; the reconstitution of Government operations and
services; individual, private-sector, nongovernmental, and public-
assistance programs to provide housing and to promote restoration;
long-term care and treatment of affected persons; additional measures
for social, political, environmental, and economic restoration;
evaluation of the incident to identify lessons learned; post-incident
reporting; and development of initiatives to mitigate the effects of
future incidents.
``Relief'' means disaster ``response'' and ``recovery''.
Please see full definitions for these terms.
All users of GSA's Schedules, including non-Federal users, shall
use the Schedules in accordance with the ordering guidance provided by
the Administrator of General Services. GSA encourages non-Federal users
to follow the Schedule Ordering Procedures set
[[Page 21693]]
forth in FAR subpart 8.4, but they may use different established
competitive ordering procedures if such procedures are needed to
satisfy their state and local acquisition regulations and/or
organizational policies.
The authority granted under FSSUA is available for use on a
voluntary (i.e., non-mandatory) basis. In other words, businesses with
Schedule contracts have the option of deciding whether they will accept
orders placed by state or local governments, the American National Red
Cross, or other qualified organizations.
Additionally, Section 101 of NAHASDA (Pub. L. 110-411) codified at
25 U.S.C. 4111(j), provides that ``each Indian tribe or tribally
designated housing entity shall be considered to be an Executive agency
in carrying out any program, service, or other activity under this Act;
and (2) each Indian tribe or tribally designated housing entity and
each employee of the Indian tribe or tribally designated housing entity
shall have access to sources of supply on the same basis as employees
of an Executive agency''. As such, tribes or tribally designated
housing entities expending funds from block grants pursuant to NAHASDA
may access GSA's sources of supply, including the Schedules, at their
discretion.
Additionally, this proposed rule amends GSAR Parts 511, 538, and
552 to implement Section 833 of the NDAA. Section 833 amends 40 U.S.C.
502(d)(1) to authorize the Administrator of General Services to provide
to state or local governments the use of GSA's Schedules for the
purchase of goods or services to be used to facilitate recovery from a
major disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.)
or to facilitate recovery from terrorism or nuclear, biological,
chemical, or radiological attack.
Section 833 also amends 40 U.S.C. 502(d)(2) to require the
Secretary of Homeland Security to determine which goods and services
qualify before the Administrator provides for the use of GSA's
Schedules. House Report 109-452 of the Committee on Armed Services
indicates that section 833 (referred to in the House Report as section
823), builds on the implementation of the Cooperative Purchasing
Program authorized in Section 211 of the E-Government Act of 2002,
which permitted state or local governments to access GSA's information
technology schedule, known as Schedule 70.
Finally, the LPAA amended 40 U.S.C. 502(c), by authorizing the
Administrator of General Services to provide to state or local
governments the use of GSA's Schedules for the acquisition of law
enforcement, security, and certain other related items.
The non-Federal ordering activity is responsible for ensuring that
only authorized representatives of its organization place orders and
that goods or services ordered are used only for the purposes
authorized. Existing Schedule contracts may be modified only by mutual
agreement of the parties. After an existing contract has been modified,
a Schedule contractor still retains the right to decline orders by non-
Federal entities on a case-by-case basis. This applies to future
Schedule contractors, as well. Schedule contractors may decline any
order from entities outside the Executive Branch (see GSAR 552.238-78).
Similarly, the rule places no obligation on non-Federal buyers to use
Schedule contracts. They will have full discretion to decide if they
wish to make a Schedule purchase, subject however, to any limitations
that may be established under state and local laws or organizational
policies.
The Federal Government will not be liable for the performance or
nonperformance of orders established under the authority of this rule
between Schedule contractors and eligible non-Federal entities.
Disputes that cannot be resolved by the parties to the new contract can
be litigated in any court of competent jurisdiction over the parties.
The prices of supplies and services available on Schedule contracts
include an industrial funding fee. The fee covers the administrative
costs incurred by GSA to operate the Schedules program. The fee will be
periodically adjusted as necessary to recover the cost of operating the
program.
II. 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.
III. Regulatory Flexibility Act
The change may 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 implementing the
authorities enumerated herein will expand or add the ability for
additional qualified organizations to procure from GSA's Schedule
contracts. For small businesses that hold a Schedule contract, their
sales may increase for orders placed in order to prepare for a
disaster.
The Initial Regulatory Flexibility Analysis (IRFA) is summarized as
follows:
This rule is to implement the Federal Supply Schedules Usage Act
of 2010, which was effective upon Presidential signature. The Act
allows GSA to further expand access to Schedules for state and local
governments, the American National Red Cross, and allows ``other
qualified organizations'' access to Schedules when purchasing in
support of emergency preparedness and disaster relief.
Implementation of the Act will affect large and small businesses.
Prior to this Act, except for some limited exceptions, only
state and local governments and the American National Red Cross were
authorized to procure from Federal Supply Schedule (FSS) contracts
under specific scopes. ``Other qualified organizations'' were not
previously authorized to procure from FSS contracts.
Under the Act, the scope of authorized users of FSS contracts
was expanded to include ``other qualified organizations,'' which is
in addition to the already authorized state and local governments
and the American National Red Cross (ANRC). Access to Schedules for
each of these entities varies. The ANRC may access Schedules in
support of their Federal charter; state and local governments may
use the Schedules to prepare, respond, and recover from major
disasters; and ``other qualified organizations'' may use the
Schedules for emergency preparedness and disaster relief.
It should be noted that this is an optional program under the
FSS program. This proposed rule applies to all FSS contractors that
agree to sell goods and services to these eligible entities, under
the appropriate scope of use. A modification will be issued
outlining if a contractor wishes to sell to each of the 3 user
groups, under the assigned scope. There are no additional compliance
requirements for contractors than what is already required;
therefore, there is no additional cost to small business if they
decide to participate.
The Regulatory Secretariat has submitted a copy of the Initial
Regulatory Flexibility Analysis (IRFA) to the Chief Counsel for
Advocacy of the Small Business Administration. A copy of the IRFA may
be obtained from the Regulatory Secretariat. GSA invites comments from
small business concerns
[[Page 21694]]
and other interested parties on the expected impact of this rule on
small entities.
GSA will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule 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 2010-G511),
in correspondence.
IV. Paperwork Reduction Act
The proposed rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35).
List of Subjects in 48 CFR Parts 501, 538, and 552
Government procurement.
Dated: April 11, 2014.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, General
Services Administration.
Therefore, GSA proposes to amend 48 CFR parts 511, 538, and 552 as
set forth below:
0
1. The authority citations for 48 CFR parts 511, 538, and 552 continue
to read as follows:
Authority: 40 U.S.C. 121(c).
PART 511--DESCRIBING AGENCY NEEDS
0
2. Amend section 511.204 by revising paragraphs (b)(2) and (c) to read
as follows:
511.204 Solicitation provisions and contract clauses.
* * * * *
(b) * * *
(2) The contracting officer shall include the clause at 552.211-75,
Preservation, Packaging, and Packing, in solicitations and contracts
for supplies expected to exceed the simplified acquisition threshold.
The contracting officer may also include the clause in contracts
estimated to be at or below the simplified acquisition threshold when
appropriate. The contracting officer shall use Alternate I in
solicitations and contracts for all Federal Supply Schedule Contracts.
* * * * *
(c) Supply contracts. The contracting officer shall include the
clause at 552.211-77, Packing List, in solicitations and contracts for
supplies, including purchases over the micropurchase threshold. Use
Alternate I in solicitations and contracts for all Federal Supply
Schedule Contracts.
PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING
0
3. Amend section 538.273 by revising paragraphs (a)(2) and (b)(2) to
read as follows:
538.273 Contract clauses.
(a) * * *
(2) 552.238-71, Submission and Distribution of Authorized FSS
Schedule Pricelists. Use Alternate I, in solicitations and contracts
for all Federal Supply Schedule contracts.
(b) * * *
(2) 552.238-75, Price Reductions. Use Alternate I in solicitations
and contracts for all Federal Supply Schedule contracts.
0
4. Revise the heading of subpart 538.70 to read as follows:
Subpart 538.70--Purchasing by Non-Federal Entities
0
5. Amend section 538.7000 by adding paragraph (d) to read as follows:
538.7000 Scope of subpart.
* * * * *
(d) Other Federal Supply Schedules as outlined in this subpart.
0
6. Amend section 538.7001 by adding, in alphabetical order, the
definitions for ``Preparedness'', ``Recovery'', ``Relief'', and
``Response'' to read as follows:
538.7001 Definitions.
* * * * *
Preparedness means actions that may include, but are not limited to
planning, resourcing, training, exercising, and organizing to build,
sustain, and improve operational disaster response capabilities.
Preparedness also includes the process of identifying the personnel,
training, and equipment needed for a wide range of potential incidents,
and developing jurisdiction-specific plans for delivering capabilities
when needed for an incident.
Recovery means actions including, but not limited to, the
development, coordination, and execution of service- and site-
restoration plans; the reconstitution of Government operations and
services; individual, private-sector, nongovernmental, and public-
assistance programs to provide housing and to promote restoration;
long-term care and treatment of affected persons; additional measures
for social, political, environmental, and economic restoration;
evaluation of the incident to identify lessons learned; post-incident
reporting; and development of initiatives to mitigate the effects of
future incidents.
Relief means disaster ``response'' and ``recovery''. Please see
full definitions for these terms.
Response means immediate actions taken during a disaster, or in its
immediate aftermath, in order to save lives, protect property and the
environment, and meet basic human needs. Response also includes the
execution of emergency plans and actions to support short-term
recovery.
* * * * *
0
7. Amend section 538.7002 by revising paragraph (d); and adding
paragraphs (e) through (g) to read as follows:
538.7002 General.
* * * * *
(d) Public Law 109-364, the John Warner National Defense
Authorization Act for Fiscal Year 2007 authorizing state and local
governments, to use Federal Supply Schedule contracts to purchase
products and services to be used to facilitate recovery from a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
or to facilitate for recovery from terrorism or nuclear, biological,
chemical, or radiological attack. Public Law 111-263, the Federal
Supply Schedules Usage Act of 2010 authorizing state and local
governments to use Federal Supply Schedule contracts to purchase
products and services to be used to facilitate disaster preparedness or
response.
(e) Public Law 111-263, the Federal Supply Schedules Usage Act of
2010, authorizes the American National Red Cross to use Federal Supply
Schedule contracts to purchase goods or services to be used in
furtherance of its purposes as set forth in its federal charter (36
U.S.C. 300102).
(f) Public Law 111-263, the Federal Supply Schedules Usage Act of
2010, authorizes other qualified organizations to use Federal Supply
Schedule contracts to purchase products and services in furtherance of
purposes determined to be appropriate to facilitate emergency
preparedness and disaster relief and set forth in guidance by the
Administrator of General Services, in consultation with the
Administrator of the Federal Emergency Management Agency. Other
qualified organizations must meet the requirements of 42 U.S.C. 5152.
(g) A listing of the participating contractors and SINs for the
goods and services that are available under these authorized Federal
Supply Schedules, is available in GSA's e-Library at www.gsa.gov/elibrary.
0
8. Amend section 538.7003 by revising the introductory text to read as
follows:
[[Page 21695]]
538.7003 Policy.
Preparing solicitations when schedules are open to eligible non-
federal entities. When opening authorized Federal Supply Schedules for
use by eligible non-federal entities, the contracting officer must make
minor modifications to certain Federal Acquisition Regulation and GSAM
provisions and clauses in order to make clear distinctions between the
rights and responsibilities of the U.S. Government in its management
and regulatory capacity pursuant to which it awards schedule contracts
and fulfills associated Federal requirements versus the rights and
responsibilities of eligible ordering activities placing orders to
fulfill agency needs. Accordingly, the contracting officer is
authorized to modify the following FAR provisions/clauses to delete
``Government'' or similar language referring to the U.S. Government and
substitute ``ordering activity'' or similar language when preparing
solicitations and contracts to be awarded under authorized Federal
Supply Schedules. When such changes are made, the word ``(DEVIATION)''
shall be added at the end of the title of the provision or clause.
These clauses include but are not limited to:
* * * * *
0
9. Revise section 538.7004 to read as follows:
538.7004 Solicitation provisions and contract clauses.
(a) The contracting officer shall insert the clause at 552.238-77,
Definition (Federal Supply Schedules), in solicitations and contracts
for all Federal Supply Schedules.
(b) The contracting officer shall insert the clause at 552.238-78,
Scope of Contract (Eligible Ordering Activities), in solicitations and
contracts for all Federal Supply Schedules.
(c) The contracting officer shall insert the clause at 552.238-79,
Use of Federal Supply Schedule Contracts by Non-Federal Entities, in
solicitations and contracts for all Federal Supply Schedules.
(d) See 552.101-70 for authorized FAR deviations.
Subpart 538.71--[Removed and Reserved]
0
10. Remove and reserve subpart 538.71.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
11. Revise section 552.238-76 to read as follows:
552.238-76 Definition (Federal Supply Schedules)--Non-Federal Entity
Purchasing.
As prescribed in 538.7104(a), insert the following clause:
DEFINITION (FEDERAL SUPPLY SCHEDULES)--NON-FEDERAL ENTITY PURCHASING
(DATE)
Ordering activity (also called ``ordering agency'' and
``ordering office'') means an eligible ordering activity (see
(552.238-78, authorized to place orders under Federal Supply
Schedule contracts.
(End of clause)
0
12. Amend section 552.238-78 by--
0
a. Revising the clause heading;
0
b. Redesignating paragraphs (a)(7) and (8) as paragraphs (a)(8) and
(9), respectively;
0
c. Adding a new paragraph (a)(7);
0
d. Revising paragraph (d);
0
e. Adding paragraph (h); and
0
f. Removing Alternate I.
The revised and added text reads as follows:
552.238-78 Scope of Contract (Eligible Ordering Activities).
* * * * *
SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (DATE)
(a) * * *
(7) Tribes or tribally designated housing entities pursuant to
25 U.S.C. 4111(j);
* * * * *
(d) The following activities may place orders against Schedule
contracts:
(1) State and local government may place orders against Schedule
70 contracts, and Consolidated Schedule contracts containing
information technology Special Item Numbers, and Schedule 84
contracts, on an optional basis; PROVIDED, the Contractor accepts
order(s) from such activities;
(2) The American National Red Cross may place orders against
Federal Supply Schedules for products and services in furtherance of
the purposes set forth in its Federal charter (36 U.S.C. 300102);
PROVIDED, the Contractor accepts order(s) from the American National
Red Cross; and
(3) Other qualified organizations, as defined in section 309 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5152), may place orders against Federal Supply Schedules
for products and services determined to be appropriate to facilitate
emergency preparedness and disaster relief and set forth in guidance
by the Administrator of General Services, in consultation with the
Administrator of the Federal Emergency Management Agency; PROVIDED,
the Contractor accepts order(s) from such activities.
(4) State and local governments may place orders against Federal
Supply Schedules for goods or services determined by the Secretary
of Homeland Security to facilitate recovery from a major disaster
declared by the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121, et seq.) to
facilitate disaster preparedness or response, or to facilitate
recovery from terrorism or nuclear, biological, chemical, or
radiological attack; PROVIDED, the Contractor accepts order(s) from
such activities.
* * * * *
(h) All users of GSA's Federal Supply Schedules, including non-
Federal users, shall use the schedules in accordance with the
ordering guidance provided by the Administrator of General Services.
GSA encourages non-Federal users to follow the Schedule Ordering
Procedures set forth in the Federal Acquisition Regulation (FAR)
8.4, but they may use different established competitive ordering
procedures if such procedures are needed to satisfy their state and
local acquisition regulations and/or organizational policies.
(End of clause)
0
13. Amend section 552.238-79 by--
0
a. Revising the section heading;
0
b. Revising the introductory text; and
0
c. Revising the clause heading.
The revised text reads as follows:
552.238-79 Use of Federal Supply Schedule Contracts by Non-Federal
Entities
As prescribed in 538.7004(c) and 538.7104(c), insert the following
clause:
USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY NON-FEDERAL ENTITIES (DATE)
* * * * *
538.238-80 [Removed and Reserved]
0
14. Remove and reserve section 552.238-80.
[FR Doc. 2014-08648 Filed 4-16-14; 8:45 am]
BILLING CODE 6820-61-P
