General Services Administration Acquisition Regulation (GSAR); Rewrite of GSAR Part 517, Special Contracting Methods, 34126-34127 [2015-14198]
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34126
Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Proposed Rules
Appendix C of the Report and Order.
Written public comments are requested
on the IRFA. These comments must be
filed in accordance with the same filing
deadlines as comments filed in response
to the Report and Order and Second
Further Notice of Proposed Rulemaking
as set forth above, and have a separate
and distinct heading designating them
as responses to the IRFA. The
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, will send a copy of
this Report and Order and Second
Further Notice of Proposed Rulemaking,
including the FRFA and IRFA, to the
Chief Counsel for Advocacy of the Small
Business Administration (SBA).
D. Initial Paperwork Reduction Act
Analysis
This Second FNPRM contains
proposed new information collection
requirements. The Commission, as part
of its continuing effort to reduce
paperwork burdens, invites the general
public and OMB to comment on the
information collection requirements
contained in this document, as required
by PRA. In addition, pursuant to the
Small Business Paperwork Relief Act of
2002, we seek specific comment on how
we might ‘‘further reduce the
information collection burden for small
business concerns with fewer than 25
employees.’’
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer.
[FR Doc. 2015–14495 Filed 6–12–15; 8:45 am]
BILLING CODE 6712–01–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 517 and 552
[GSAR Case 2007–G500; Docket 2008–0007;
Sequence 3]
RIN 3090–AI51
General Services Administration
Acquisition Regulation (GSAR);
Rewrite of GSAR Part 517, Special
Contracting Methods
Office of Acquisition Policy,
Office of Government-Wide Policy,
General Services Administration (GSA).
ACTION: Proposed rule.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
AGENCY:
The General Services
Administration (GSA) is proposing to
amend the General Services
Administration Acquisition Regulation
(GSAR) to revise requirements for
special contracting methods and
updates eliminating out of date
SUMMARY:
VerDate Sep<11>2014
16:22 Jun 12, 2015
Jkt 235001
references and reorganizes the text to
align with the Federal Acquisition
Regulation (FAR). This second proposed
rule incorporates many of the changes of
the proposed rule and makes additional
modifications to the text.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before August 14, 2015
to be considered in the formulation of
a final rule.
ADDRESSES: Submit comments
identified by GSAR case 2007–G500 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘GSAR Case 2007–G500’’.
Select the link ‘‘Comment Now’’ that
corresponds with ‘‘GSAR Case 2007–
G500.’’ Follow the instructions provided
at the ‘‘Comment Now’’ screen. Please
include your name, company name (if
any), and ‘‘GSAR Case 2007–G500’’ on
your attached document.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Ms. Flowers, 1800 F
Street NW., 2nd Floor, Washington, DC
20405.
Instructions: Please submit comments
only and cite GSAR Case 2007–G500, in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: For
clarification about content, contact Ms.
Janet Fry at 703–605–3167 or janet.fry@
gsa.gov. For information pertaining to
the status or publication schedules,
contact the Regulatory Secretariat
(MVCB), 1800 F Street NW.,
Washington, DC 20405, 202–501–4755.
Please cite GSAR Case 2007–G500.
SUPPLEMENTARY INFORMATION:
I. Background
The General Services Administration
(GSA) is amending the General Services
Administration Acquisition Regulation
(GSAR) to revise sections of GSAR part
517 that provide requirements for
special contracting methods.
GSA published a proposed rule in the
Federal Register at 73 FR 32274 on June
6, 2008 https://www.gpo.gov/fdsys/pkg/
FR-2008-06-06/pdf/E8-12613.pdf as part
of the General Services Administration
Acquisition Manual (GSAM) Rewrite
initiative undertaken by GSA to update
the GSAM to maintain consistency with
the Federal Acquisition Regulation
(FAR). The GSAM incorporates the
GSAR as well as internal agency
acquisition policy. No comments were
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
received in response to the Federal
Register Notice for the proposed rule.
The case is being issued as a second
proposed rule due to the additional
edits made to GSAR part 517 and the
length of time since the proposed rule
was published in 2008.
II. Discussion and Analysis
A. Summary of Significant Changes
The second proposed rule:
• Updates the statutes cited in GSAR
517.109.
• Deletes GSAR 517.200(b), GSAR
517.202(iv), GSAR 517.202(v), and
GSAR 517.207(a) and makes conforming
changes.
• Replaces the content of GSAR
517.203 with new text, cross referencing
the requirements in FAR 22.407 when
using option provisions that extend the
term of a construction contract.
• Adds a new paragraph at GSAR
517.207(b) that reminds contracting
officers to seek new wage
determinations when exercising options
that extend the term of the contract.
• Addresses other administrative and
typographical updates.
Note: The following proposed changes
were not retained in the second proposed
rule:
• 517.202(c) was not retained as FAR 7.105
already requires contracting officers to
address options in acquisition plans.
• 517.203(c) was not retained as
availability of funds is part of the FAR 17.207
determination.
B. Analysis of Public Comments
No comments on the proposed rule
were received from the public by the
August 5, 2008 closing date.
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
does not expect this proposed rule to
E:\FR\FM\15JNP1.SGM
15JNP1
34127
Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Proposed Rules
have a significant economic impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the revisions are administrative
in nature. The changes merely update
and reorganize existing GSAR coverage.
Therefore, the agency did not perform
an Initial Regulatory Flexibility
Analysis (IRFA).
GSA will also consider comments
from small entities concerning the
subparts affected by the rule consistent
with 5 U.S.C. 610. Interested parties
must submit such comments separately
and should cite 5 U.S.C. 601, GSAR case
2007–G500, in correspondence.
V. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply as the rule does not impose
information collection requirements that
require the approval of the Office of
Management and Budget under 44
U.S.C. chapter 35.
List of Subjects in 48 CFR Parts 517 and
552
Government procurement.
Dated: June 5, 2015.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, General Services
Administration.
Authority: 40 U.S.C. 121(c).
PART 517—SPECIAL CONTRACTING
METHODS
[Amended]
2. Amend section 517.109 by
removing from the introductory text ‘‘40
U.S.C. 490(a)(14)’’ and ‘‘40 U.S.C.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
■
VerDate Sep<11>2014
16:22 Jun 12, 2015
Jkt 235001
517.200
Scope of subpart.
This subpart applies to all GSA
contracts for supplies and services,
including:
(a) Services involving construction,
alteration, or repair (including dredging,
excavating, and painting) of buildings,
bridges, roads, or other kinds of real
property.
(b) Architect-engineer services.
■ 4. Amend section 517.202 by—
■ a. Removing from the introductory
paragraph of (a)(1) ‘‘You should use
options’’ and adding ‘‘Options should
be used’’ in its place;
■ b. Removing from paragraph (a)(2)(i)
‘‘You anticipate a’’ and adding ‘‘There is
an anticipated’’ in its place;
■ c. Revising paragraph (a)(2)(ii);
■ d. Removing paragraphs (a)(2)(iv) and
(a)(2)(v); and
■ e. Removing from paragraph (a)(3)
‘‘Do not use an option’’ and adding ‘‘An
option may not be used’’ in its place.
The revision reads as follows:
517.202
Therefore, GSA proposes to amend 48
CFR parts 517 and 552 as set forth
below:
■ 1. The authority citation for 48 CFR
part 517 is revised to read as follows:
517.109
481(a)(3)’’ and adding ‘‘40 U.S.C.
581(c)(6)’’ and ‘‘40 U.S.C. 501(b)(1)(B)’’
in their places, respectively.
■ 3. Revise section 517.200 to read as
follows:
Solicitations.
Frm 00048
Fmt 4702
Sfmt 9990
Exercise of options.
In addition to the requirements of
FAR 17.207, the contracting officer must
also:
(a) Determine that the contractor’s
performance under the contract met or
exceeded the Government’s expectation
for quality performance, unless another
circumstance justifies an extended
contractual relationship; and
(b) Obtain a new wage determination
if the Service Contract Act (FAR
22.1007) or the Davis-Bacon Act (FAR
22.404–12) applies.
(c) Determine that the option price is
fair and reasonable.
517.208
[Amended]
7. Amend section 517.208 by
removing from the introductory
paragraph (a) ‘‘FSS’s’’ and adding
‘‘FAS’’’ in its place.
■
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
8. The authority citation for 48 CFR
parts 552 continues to read as follows:
Authority: 40 U.S.C. 121(c).
9. Amend section 552.217–70 by
revising the date of the provision; and
removing from paragraph (a), in the
second sentence ‘‘standard);’’ and
adding ‘‘standard),’’ in its place.
The revision reads as follows:
■
552.217–70
*
Construction solicitations and
contracts which contain options that
extend the term of the contract must
include one of the three clauses
described at FAR 22.407(e), (f) or (g).
PO 00000
517.207
■
Use of options.
(a) * * *
(2) * * *
(ii) The use of multiyear contracting
authority is inappropriate and the
contracting officer anticipates a need for
additional supplies or services beyond
the basic contract term.
*
*
*
*
*
■ 5. Revise section 517.203 to read as
follows:
517.203
6. Revise section 517.207 to read as
follows:
■
*
Evaluation of options.
*
*
*
Evaluation of Options (Date)
*
*
*
*
*
[FR Doc. 2015–14198 Filed 6–12–15; 8:45 am]
BILLING CODE 6820–61–P
E:\FR\FM\15JNP1.SGM
15JNP1
]]>Agencies
[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Proposed Rules]
[Pages 34126-34127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14198]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 517 and 552
[GSAR Case 2007-G500; Docket 2008-0007; Sequence 3]
RIN 3090-AI51
General Services Administration Acquisition Regulation (GSAR);
Rewrite of GSAR Part 517, Special Contracting Methods
AGENCY: Office of Acquisition Policy, Office of Government-Wide Policy,
General Services Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is proposing to
amend the General Services Administration Acquisition Regulation (GSAR)
to revise requirements for special contracting methods and updates
eliminating out of date references and reorganizes the text to align
with the Federal Acquisition Regulation (FAR). This second proposed
rule incorporates many of the changes of the proposed rule and makes
additional modifications to the text.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before August 14, 2015 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR case 2007-G500 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``GSAR
Case 2007-G500''. Select the link ``Comment Now'' that corresponds with
``GSAR Case 2007-G500.'' Follow the instructions provided at the
``Comment Now'' screen. Please include your name, company name (if
any), and ``GSAR Case 2007-G500'' on your attached document.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor,
Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR Case 2007-
G500, in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: For clarification about content,
contact Ms. Janet Fry at 703-605-3167 or janet.fry@gsa.gov. For
information pertaining to the status or publication schedules, contact
the Regulatory Secretariat (MVCB), 1800 F Street NW., Washington, DC
20405, 202-501-4755. Please cite GSAR Case 2007-G500.
SUPPLEMENTARY INFORMATION:
I. Background
The General Services Administration (GSA) is amending the General
Services Administration Acquisition Regulation (GSAR) to revise
sections of GSAR part 517 that provide requirements for special
contracting methods.
GSA published a proposed rule in the Federal Register at 73 FR
32274 on June 6, 2008 https://www.gpo.gov/fdsys/pkg/FR-2008-06-06/pdf/E8-12613.pdf as part of the General Services Administration Acquisition
Manual (GSAM) Rewrite initiative undertaken by GSA to update the GSAM
to maintain consistency with the Federal Acquisition Regulation (FAR).
The GSAM incorporates the GSAR as well as internal agency acquisition
policy. No comments were received in response to the Federal Register
Notice for the proposed rule.
The case is being issued as a second proposed rule due to the
additional edits made to GSAR part 517 and the length of time since the
proposed rule was published in 2008.
II. Discussion and Analysis
A. Summary of Significant Changes
The second proposed rule:
Updates the statutes cited in GSAR 517.109.
Deletes GSAR 517.200(b), GSAR 517.202(iv), GSAR
517.202(v), and GSAR 517.207(a) and makes conforming changes.
Replaces the content of GSAR 517.203 with new text, cross
referencing the requirements in FAR 22.407 when using option provisions
that extend the term of a construction contract.
Adds a new paragraph at GSAR 517.207(b) that reminds
contracting officers to seek new wage determinations when exercising
options that extend the term of the contract.
Addresses other administrative and typographical updates.
Note: The following proposed changes were not retained in the
second proposed rule:
517.202(c) was not retained as FAR 7.105 already
requires contracting officers to address options in acquisition
plans.
517.203(c) was not retained as availability of funds is
part of the FAR 17.207 determination.
B. Analysis of Public Comments
No comments on the proposed rule were received from the public by
the August 5, 2008 closing date.
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 does not expect this proposed
rule to
[[Page 34127]]
have a significant economic impact on a substantial number of small
entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., because the revisions are administrative in nature. The
changes merely update and reorganize existing GSAR coverage. Therefore,
the agency did not perform an Initial Regulatory Flexibility Analysis
(IRFA).
GSA will also consider comments from small entities concerning the
subparts affected by the rule consistent with 5 U.S.C. 610. Interested
parties must submit such comments separately and should cite 5 U.S.C.
601, GSAR case 2007-G500, in correspondence.
V. Paperwork Reduction Act
The Paperwork Reduction Act does not apply as the rule does not
impose information collection requirements that require the approval of
the Office of Management and Budget under 44 U.S.C. chapter 35.
List of Subjects in 48 CFR Parts 517 and 552
Government procurement.
Dated: June 5, 2015.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, General
Services Administration.
Therefore, GSA proposes to amend 48 CFR parts 517 and 552 as set
forth below:
0
1. The authority citation for 48 CFR part 517 is revised to read as
follows:
Authority: 40 U.S.C. 121(c).
PART 517--SPECIAL CONTRACTING METHODS
517.109 [Amended]
0
2. Amend section 517.109 by removing from the introductory text ``40
U.S.C. 490(a)(14)'' and ``40 U.S.C. 481(a)(3)'' and adding ``40 U.S.C.
581(c)(6)'' and ``40 U.S.C. 501(b)(1)(B)'' in their places,
respectively.
0
3. Revise section 517.200 to read as follows:
517.200 Scope of subpart.
This subpart applies to all GSA contracts for supplies and
services, including:
(a) Services involving construction, alteration, or repair
(including dredging, excavating, and painting) of buildings, bridges,
roads, or other kinds of real property.
(b) Architect-engineer services.
0
4. Amend section 517.202 by--
0
a. Removing from the introductory paragraph of (a)(1) ``You should use
options'' and adding ``Options should be used'' in its place;
0
b. Removing from paragraph (a)(2)(i) ``You anticipate a'' and adding
``There is an anticipated'' in its place;
0
c. Revising paragraph (a)(2)(ii);
0
d. Removing paragraphs (a)(2)(iv) and (a)(2)(v); and
0
e. Removing from paragraph (a)(3) ``Do not use an option'' and adding
``An option may not be used'' in its place.
The revision reads as follows:
517.202 Use of options.
(a) * * *
(2) * * *
(ii) The use of multiyear contracting authority is inappropriate
and the contracting officer anticipates a need for additional supplies
or services beyond the basic contract term.
* * * * *
0
5. Revise section 517.203 to read as follows:
517.203 Solicitations.
Construction solicitations and contracts which contain options that
extend the term of the contract must include one of the three clauses
described at FAR 22.407(e), (f) or (g).
0
6. Revise section 517.207 to read as follows:
517.207 Exercise of options.
In addition to the requirements of FAR 17.207, the contracting
officer must also:
(a) Determine that the contractor's performance under the contract
met or exceeded the Government's expectation for quality performance,
unless another circumstance justifies an extended contractual
relationship; and
(b) Obtain a new wage determination if the Service Contract Act
(FAR 22.1007) or the Davis-Bacon Act (FAR 22.404-12) applies.
(c) Determine that the option price is fair and reasonable.
517.208 [Amended]
0
7. Amend section 517.208 by removing from the introductory paragraph
(a) ``FSS's'' and adding ``FAS''' in its place.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
8. The authority citation for 48 CFR parts 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
0
9. Amend section 552.217-70 by revising the date of the provision; and
removing from paragraph (a), in the second sentence ``standard);'' and
adding ``standard),'' in its place.
The revision reads as follows:
552.217-70 Evaluation of options.
* * * * *
Evaluation of Options (Date)
* * * * *
[FR Doc. 2015-14198 Filed 6-12-15; 8:45 am]
BILLING CODE 6820-61-P
