General Services Administration Acquisition Regulation (GSAR); Rewrite of GSAR Part 517, Special Contracting Methods, 36421-36423 [2016-13113]
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Vol. 81
Monday,
No. 108
June 6, 2016
Part III
General Services Administration
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48 CFR Part 501, 511, 515, et al.
General Services Administration Acquisition Regulations; Final Rules
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Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 517 and 552
[GSAR Change 71; GSAR Case 2007–G500;
Docket No. 2008–0007; Sequence No. 3]
RIN 3090–AI51
General Services Administration
Acquisition Regulation (GSAR);
Rewrite of GSAR Part 517, Special
Contracting Methods
II. Discussion and Analysis
Office of Government-wide
Policy, Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
AGENCIES:
The General Services
Administration (GSA) is issuing a final
rule, with editorial revisions to the
second proposed rule, amending the
General Services Administration
Acquisition Regulation (GSAR) to
update requirements for special
contracting methods by eliminating out
of date references and reorganizing the
text to align with the Federal
Acquisition Regulation (FAR).
DATES: Effective: July 6, 2016.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms.
Janet Fry, General Services Acquisition
Policy Division, GSA, by phone at 703–
605–3167 or by email at janet.fry@
gsa.gov. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite GSAR case 2007–G500.
SUPPLEMENTARY INFORMATION:
SUMMARY:
sradovich on DSK3TPTVN1PROD with RULES3
I. Background
The General Services Administration
(GSA) is amending the General Services
Administration Acquisition Regulation
(GSAR) to update outdated statutes and
remove unnecessary or duplicative
language from 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
General Services Administration
Acquisition Regulation (GSAR) as well
as internal agency acquisition policy.
No comments were received in response
to the Federal Register Notice for the
proposed rule.
GSA published a second proposed
rule in the Federal Register at 80 FR
VerDate Sep<11>2014
17:57 Jun 03, 2016
Jkt 238001
34126 on June 15, 2015 https://
www.gpo.gov/fdsys/pkg/FR-2015-06-15/
pdf/2015-14198.pdf due to the
additional edits made to GSAR part 517
and the length of time since the
proposed rule was published in 2008.
No comments were received in response
to the Federal Register Notice for the
second proposed rule.
To keep the GSAR current, GSA has
updated statutes, removed unnecessary
or duplicative language, aligned part
517 with the FAR and made editorial
revisions as described below.
A. Summary of Significant Changes
The final rule:
• Replaces ‘‘multiyear’’ with ‘‘multiyear’’ through the 517.1 subpart.
• Updates the statutes cited in GSAR
517.109.
• Deletes GSAR 517.200(b), GSAR
517.202(a)(2)(iv), GSAR 517.202(a)(2)(v)
and GSAR 517.207(a), and makes
conforming changes.
• Removes and reserves section
517.203 because the introduction text
and paragraphs are duplicative of FAR
17.207 and GSAR 517.207.
• Replaces the content of GSAR
517.207(b) with new text, clarifying the
need for the Contracting Officer to
document the determination.
• Updates the program reference in
GSAR 517.208(a).
• Addresses other administrative and
typographical updates.
Note: The following changes proposed in
the second proposed rule were not retained
in the final rule:
• The proposed new text in GSAR 517.203
cross referencing the requirements in FAR
22.407 when using option provisions was not
retained in the final rule as the FAR
adequately addresses the inclusion of option
clauses.
• The proposed new text in GSAR 517.207
reminding Contracting Officers to seek new
wage determinations when exercising
options was not retained in the final rule
since the requirement is adequately
addressed in FAR 22.1007 for Service
Contract Labor Standard and in FAR 22.404–
12 for Wage Rate Requirements
(Construction).
B. Analysis of Public Comments
No comments on the second proposed
rule were received from the public by
the August 14, 2015 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
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(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 revisions are administrative
in nature. The changes merely update
and reorganize existing GSAR coverage.
V. Paperwork Reduction Act
The final rule does not contain any
information collection requirements that
require 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 517 and
552
Government procurement.
Dated: May 27, 2016.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, GSA amends 48 CFR parts
517 and 552 as set forth below:
■ 1. The authority citation for 48 CFR
parts 517 and 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
PART 517—SPECIAL CONTRACTING
METHODS
Subpart 517.1—Multi-year Contracting
2. Revise the heading of subpart 517.1
to read as set forth above.
■
517.109
[Amended]
3. Amend section 517.109 by
removing from the introductory text
‘‘multiyear’’, ‘‘40 U.S.C. 490(a)(14)’’, and
‘‘40 U.S.C. 481(a)(3)’’ and adding
‘‘multi-year’’, ‘‘40 U.S.C. 581(c)(6)’’, and
‘‘40 U.S.C. 501(b)(1)(B)’’ in their places,
respectively.
■ 4. Revise section 517.200 to read as
follows:
■
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Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
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.
■ 5. Amend section 517.202 by—
■ a. Removing from the introductory
text of paragraph (a)(1) ‘‘You should use
options’’ and adding ‘‘Options may 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 shall not be used’’ in its place.
The revision reads as follows:
517.202
Use of options.
(a) * * *
(2) * * *
(ii) When there is both a need for
additional supplies or services beyond
the basic contract period and the use of
multi-year contracting authority is
inappropriate.
*
*
*
*
*
517.203
[Removed and Reserved]
6. Remove and reserve section
517.203.
■ 7. 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) Document the contract file with
the rationale for an extended contractual
relationship if the contractor’s
performance rating under the contract is
less than satisfactory.
(b) Determine that the option price is
fair and reasonable.
517.208
[Amended]
8. Amend section 517.208 by
removing from paragraph (a) ‘‘FSS’s
Stock or’’ and adding ‘‘the Federal
Acquisition Service’s’’ in its place.
sradovich on DSK3TPTVN1PROD with RULES3
■
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
9. The authority citation for 48 CFR
part 552 continues to read as follows:
■
Authority: 40 U.S.C. 121(c).
10. Amend section 552.217–70 by
revising the date of the provision; and
■
VerDate Sep<11>2014
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Jkt 238001
removing from paragraph (a), in the
second sentence ‘‘standard);’’ and
adding ‘‘standard),’’ in its place.
The revision reads as follows:
552.217–70
*
*
Evaluations of options.
*
*
*
EVALUATION OF OPTIONS (JUL 2016)
*
*
*
*
*
[FR Doc. 2016–13113 Filed 6–3–16; 8:45 am]
BILLING CODE 6820–61–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 501, 515, and 552
[Change 72; GSAR Case 2008–G506; Docket
2008–0007; Sequence 14]
RIN 3090–AI76
General Services Administration
Acquisition Regulation (GSAR);
Rewrite of GSAR Part 515, Contracting
by Negotiation
Office of Acquisition Policy,
Office of Government-wide Policy,
General Services Administration (GSA).
ACTION: Final rule.
AGENCY:
The General Services
Administration (GSA) is issuing a final
rule to amend the General Services
Administration Acquisition Regulation
(GSAR) to clarify and update the
contracting by negotiation GSAR
section. The rule updates GSAR part
515 by eliminating out of date
references and reorganizes the text to
align with the Federal Acquisition
Regulation (FAR). The final rule
incorporates many of the changes of the
proposed rule and makes additional
modifications to the text.
DATES: Effective: July 6, 2016.
FOR FURTHER INFORMATION CONTACT: For
clarification about content, contact Ms.
Dana Munson at 202–357–9652. For
information pertaining to the status or
publication schedules, contact the
Regulatory Secretariat Division (MVCB),
1800 F Street NW., Washington, DC
20405, (202) 501–4755. Please cite
GSAR Case 2008–G506.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
GSA published a proposed rule in the
Federal Register at 73 FR 57580 on
October 3, 2008 (https://Federal
Register.gov/a/E8–22745) revising GSAR
Part 515 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).
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36423
The final rule updates the text
addressing GSAR part 501, General
Services Administration Acquisition
Regulation System, part 515,
Contracting by Negotiation, and
corresponding provisions and clauses in
GSAR part 552, Solicitation Provisions
and Contract Clauses. Streamlined and
innovative acquisition procedures that
contractors, offerors, and GSA
contracting personnel can utilize when
entering into and administering
contractual relationships are also
implemented with this final rule.
The GSAM incorporates the General
Services Administration Acquisition
Regulation (GSAR) as well as internal
agency acquisition policy. Five
comments were received in response to
the Federal Register notice and were
considered in crafting the final rule.
Comments received in response to the
2008 Federal Register publication along
with collaborative input from both
Federal Acquisition Services (FAS) and
Public Buildings Services (PBS) Offices
of Acquisition Management were
considered in drafting the final rule.
II. Discussion and Analysis
A. Summary of Significant Changes
The proposed rule published in
October, 2008 moved clauses associated
with GSA’s Multiple Award Schedule
(MAS) contracts to GSAR part 538,
Federal Supply Schedule Contracting,
as part of the Rewrite initiative.
However, only GSAR 515.209–70(c) and
(d) and its associated clause 552.215–71
have been moved to part 538 through
GSAR Case 2013–G502, Administrative
Changes. Therefore, the remaining MAS
provisions and clauses will be retained
in GSAM part 515 per the final rule
until addressed in separate GSAR 538
cases.
The proposed rule also transferred
requirements from the regulatory GSAR
part 515 to the non-regulatory GSAM as
the requirements apply internally to
GSA and not the public. These changes
are reflected in the final rule.
The final rule makes additional
changes based upon the comments
received in response to the proposed
rule and further edits existing GSAR 515
text. The specific changes to GSAR part
515 are as follows:
• GSAR 501.106—Aligned Office of
Management and Budget (OMB) Control
Number 3090–0163 with GSAR Clause
552.215–73, Notice.
• GSAR 515.204—Moved the text
from subsection 515.204–1 to section
515.204 to parallel FAR section 15.204,
identifying in paragraph (a) that the
uniform contract format is not required
for leasing. Added paragraph (b)
E:\FR\FM\06JNR3.SGM
06JNR3
Agencies
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36421-36423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13113]
[[Page 36421]]
Vol. 81
Monday,
No. 108
June 6, 2016
Part III
General Services Administration
-----------------------------------------------------------------------
48 CFR Part 501, 511, 515, et al.
General Services Administration Acquisition Regulations; Final Rules
Federal Register / Vol. 81 , No. 108 / Monday, June 6, 2016 / Rules
and Regulations
[[Page 36422]]
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 517 and 552
[GSAR Change 71; GSAR Case 2007-G500; Docket No. 2008-0007; Sequence
No. 3]
RIN 3090-AI51
General Services Administration Acquisition Regulation (GSAR);
Rewrite of GSAR Part 517, Special Contracting Methods
AGENCIES: Office of Government-wide Policy, Office of Acquisition
Policy, General Services Administration (GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is issuing a final
rule, with editorial revisions to the second proposed rule, amending
the General Services Administration Acquisition Regulation (GSAR) to
update requirements for special contracting methods by eliminating out
of date references and reorganizing the text to align with the Federal
Acquisition Regulation (FAR).
DATES: Effective: July 6, 2016.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Janet Fry, General Services Acquisition Policy Division, GSA, by
phone at 703-605-3167 or by email at janet.fry@gsa.gov. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 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 update
outdated statutes and remove unnecessary or duplicative language from
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 General Services Administration Acquisition
Regulation (GSAR) as well as internal agency acquisition policy. No
comments were received in response to the Federal Register Notice for
the proposed rule.
GSA published a second proposed rule in the Federal Register at 80
FR 34126 on June 15, 2015 https://www.gpo.gov/fdsys/pkg/FR-2015-06-15/pdf/2015-14198.pdf due to the additional edits made to GSAR part 517
and the length of time since the proposed rule was published in 2008.
No comments were received in response to the Federal Register Notice
for the second proposed rule.
II. Discussion and Analysis
To keep the GSAR current, GSA has updated statutes, removed
unnecessary or duplicative language, aligned part 517 with the FAR and
made editorial revisions as described below.
A. Summary of Significant Changes
The final rule:
Replaces ``multiyear'' with ``multi-year'' through the
517.1 subpart.
Updates the statutes cited in GSAR 517.109.
Deletes GSAR 517.200(b), GSAR 517.202(a)(2)(iv), GSAR
517.202(a)(2)(v) and GSAR 517.207(a), and makes conforming changes.
Removes and reserves section 517.203 because the
introduction text and paragraphs are duplicative of FAR 17.207 and GSAR
517.207.
Replaces the content of GSAR 517.207(b) with new text,
clarifying the need for the Contracting Officer to document the
determination.
Updates the program reference in GSAR 517.208(a).
Addresses other administrative and typographical updates.
Note: The following changes proposed in the second proposed
rule were not retained in the final rule:
The proposed new text in GSAR 517.203 cross referencing
the requirements in FAR 22.407 when using option provisions was not
retained in the final rule as the FAR adequately addresses the
inclusion of option clauses.
The proposed new text in GSAR 517.207 reminding
Contracting Officers to seek new wage determinations when exercising
options was not retained in the final rule since the requirement is
adequately addressed in FAR 22.1007 for Service Contract Labor
Standard and in FAR 22.404-12 for Wage Rate Requirements
(Construction).
B. Analysis of Public Comments
No comments on the second proposed rule were received from the
public by the August 14, 2015 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 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 revisions are administrative in
nature. The changes merely update and reorganize existing GSAR
coverage.
V. Paperwork Reduction Act
The final rule does not contain any information collection
requirements that require 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 517 and 552
Government procurement.
Dated: May 27, 2016.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy.
Therefore, GSA amends 48 CFR parts 517 and 552 as set forth below:
0
1. The authority citation for 48 CFR parts 517 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 517--SPECIAL CONTRACTING METHODS
Subpart 517.1--Multi-year Contracting
0
2. Revise the heading of subpart 517.1 to read as set forth above.
517.109 [Amended]
0
3. Amend section 517.109 by removing from the introductory text
``multiyear'', ``40 U.S.C. 490(a)(14)'', and ``40 U.S.C. 481(a)(3)''
and adding ``multi-year'', ``40 U.S.C. 581(c)(6)'', and ``40 U.S.C.
501(b)(1)(B)'' in their places, respectively.
0
4. Revise section 517.200 to read as follows:
[[Page 36423]]
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
5. Amend section 517.202 by--
0
a. Removing from the introductory text of paragraph (a)(1) ``You should
use options'' and adding ``Options may 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 shall not be used'' in its place.
The revision reads as follows:
517.202 Use of options.
(a) * * *
(2) * * *
(ii) When there is both a need for additional supplies or services
beyond the basic contract period and the use of multi-year contracting
authority is inappropriate.
* * * * *
517.203 [Removed and Reserved]
0
6. Remove and reserve section 517.203.
0
7. 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) Document the contract file with the rationale for an extended
contractual relationship if the contractor's performance rating under
the contract is less than satisfactory.
(b) Determine that the option price is fair and reasonable.
517.208 [Amended]
0
8. Amend section 517.208 by removing from paragraph (a) ``FSS's Stock
or'' and adding ``the Federal Acquisition Service's'' in its place.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
9. The authority citation for 48 CFR part 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
0
10. 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 Evaluations of options.
* * * * *
EVALUATION OF OPTIONS (JUL 2016)
* * * * *
[FR Doc. 2016-13113 Filed 6-3-16; 8:45 am]
BILLING CODE 6820-61-P