General Services Administration Acquisition Regulation (GSAR); Rewrite of GSAR Part 515, Contracting by Negotiation, 36423-36425 [2016-13114]
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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
■
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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)
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Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
identifying the Senior Procurement
Executive (SPE) as the designee per FAR
15.204(e).
• GSAR 515.204–1—Deleted
paragraphs (a) and (b) were moved to
other sections of GSAR Part 515.
• GSAR 515.205—Deleted. When a
contracting officer uses the governmentwide point of entry, such as
FedBizOpps, the contracting officer
need not specifically send a solicitation
to anyone, including the incumbent.
• GSAR 515.209—Added paragraphs
(a) through (c) to align all GSAM part
515, Solicitation provisions and contract
clauses, with FAR 15.209.
Æ Paragraph (a) is the prescription
for clause 552.215–70, Examination of
Records by GSA. Edits made to the text
include deleting the subtitle ‘‘Clause for
other than multiple award schedules.’’
Replaced ‘‘$100,000’’ with ‘‘simplified
acquisition threshold’’ and the word
‘‘you’’ with ‘‘contracting officer’’.
Eliminated the dashes in the titles,
‘‘Assistant Inspector General-Auditing’’
and ‘‘Regional Inspector GeneralAuditing, replacing each dash with
‘‘for’’.
Æ Paragraph (b) is the prescription
for clause 552.215–73, Notice, moved
from GSAM 515.204–1(b)(1) and (2),
notifying the public of the assignment of
OMB Control Number 3090–0163 to the
information collection requirements
contained in the solicitation and
contract, and of GSA’s hours of
operation for requests of pre- or postaward debriefings.
Æ Paragraph (c) is the new
prescription to use GSAR clause
552.215–74, Notice about Releasing
Proposals, when using non-government
evaluators.
Æ Paragraph (d) Clause for Multiple
Award Schedules changes ‘‘Multiple
Award Schedules (MAS)’’ to ‘‘Federal
Supply Schedules (FSS);’’ Clause
should be used in all FSS solicitations
and contracts.
• GSAR 515.305—Moved from the
regulatory to the non-regulatory as it is
only applicable internally to GSA.
• GSAR 515.305–70—Deleted
paragraph (a) was made non-regulatory,
the solicitation notice in paragraph (c)
was moved to 515.209–70(c) and the
‘‘Notice’’ itself was converted into
clause 552.215–74.
• GSAR 515.70—The subpart, ‘‘Use of
Bid Samples’’, is deleted in its entirety
as it is duplicative of FAR 14.202–4.
• GSAR 552.215–70—Replaced
‘‘$100,000’’ with ‘‘simplified acquisition
threshold’’.
• GSAR 552.215–73—Added a new
clause, notifying the public of OMB
Control Number assigned to information
collection requirements contained in the
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solicitation and contract, and GSA’s
hours of operations.
• GSAR 552–215–74—Added a new
clause for inclusion in solicitations
when non-government evaluators will
be used.
B. Analysis of Public Comments
The public comment period for GSAR
Part 515 closed on December 2, 2008,
five comments were received from two
respondents. A discussion of these
comments is provided below:
Comment 1: The respondent
recommended consideration be given to
providing guidance on which section of
the Uniform Contract Format (UCF) the
mandated paragraphs should be
incorporated. GSAR 515.210–70
provides guidance to include this on
GSA Form 1602 if it is used, but what
if it is not used?
Response: Guidance will be added to
the GSAM to clarify that the information
should be placed in Section L of the
solicitation.
Comment 2: GSAR 515.205: The
respondent strongly recommended
deleting this entire section, which
requires contracting officers to issue
solicitations to potential sources. The
respondent stated that there is little
value added, especially since we no
longer maintain mailing lists. Potential
offerors download the solicitations from
FedBizOpps, so there is rarely written
interest expressed, positive or negative.
The guidance provided doesn’t appear
to add any real value as any contracting
officer should know to do this without
having it spelled out. Even if the section
is not deleted, paragraph (a) needs to be
deleted. This paragraph causes a
problem when the follow-on acquisition
strategy differs from the current and
historical.
Response: Concur. This section is
deleted. The GSAR text of the final rule
is amended as a result of this comment.
Comment 3: GSAR 515.209–70(c): The
respondent stated that this section,
which requires the contracting officer to
insert the clause at 552.215–71
Examination of Records by GSA
(Multiple Award Schedule) in
solicitations and contracts for MAS
contracts, does not appear to relate to
the Examination of Records clauses. The
respondent recommended clearly
identifying when this notice should be
included. Not all solicitations will be
reviewed by nongovernment evaluators,
yet as currently written it appears to
state this notice should always be
included. The following revision was
recommended:
‘‘(c) Solicitation notice. When
nongovernment evaluators will be used,
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include in the solicitation a notice
substantially as follows:’’
Response: Concur. Clause 552.215–74,
Notice about Releasing Proposals is
amended to include nongovernment
evaluators. The prescription at 515.209–
70(c) is amended to clarify that the
clause is only applicable when
nongovernment evaluators are used. The
GSAR text of the final rule is amended
as a result of this comment.
Comment 4: GSAR 515.7002(b)(1):
The respondent stated that the actual
prescription for use of GSAR clause
515.70 Use of Bid Samples needs to be
added. Currently it just states ‘‘use the
clause.’’
Response: Non-concur. GSAR subpart
515.70, Use of Bid Samples, is deleted
in the final rule of the GSAR text as it
unnecessarily duplicates the FAR. No
changes were made to the GSAR text of
the final rule as a result of this
comment.
Comment 5: The respondent stated,
both the current GSAR 515.204–1 and
the proposed revision indicate that the
paragraph regarding debriefing requests
does not apply to leasehold interests in
real property. The respondent was
curious as to why this is so: are there
no debriefings under leasehold
acquisitions? If so, then there could be
a separate Part 570 clause addressing
only the OMB and Nondisclosure/
Conflict of Interest requirements.
Response: Non-concur. GSAR 570.309
addresses debriefings under leasehold
acquisitions. No changes were made to
the GSAR text of the final rule as a
result of this comment.
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
Executive Order 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
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Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the revisions are administrative
in nature and only update and
reorganize existing GSAR coverage.
V. Paperwork Reduction Act
The Paperwork Reduction Act
applies; however, these changes to the
GSAR do not impose additional
information collection requirements to
the paperwork burden previously
approved under OMB Control Number
3090–0163.
List of Subjects in 48 CFR Parts 501,
515, and 552
Government procurement.
Dated: May 26, 2016.
Jeffrey A. Koses,
Office of Acquisition Policy, Senior
Procurement Executive, General Services
Administration.
Therefore, GSA is amending 48 CFR
parts 501, 515 and 552 as set forth
below:
PART 501—GENERAL SERVICES
ADMINISTRATION ACQUISITION
REGULATION SYSTEM
1. The authority citation for 48 CFR
part 501 continues to read as follows:
■
Authority: 40 U.S.C. 121(c).
501.106
[Amended]
2. Amend section 501.106 by adding
to the table, in numerical sequence,
GSAR Reference ‘‘552.215–73’’ and its
corresponding OMB control number
‘‘3090–0163’’.
■
PART 515—CONTRACTING BY
NEGOTIATION
3. The authority citation for 48 CFR
part 515 is revised to read as follows:
sradovich on DSK3TPTVN1PROD with RULES3
(a) The uniform contract format is not
required for leases of real property (See
GSAM 570.116).
(b) The Senior Procurement Executive
is the agency head’s designee for the
purposes of granting exemptions to the
use of the Uniform Contract Format (see
FAR 15.204(e)).
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■
[Removed]
7. Remove subparts 515.3 and 515.70.
9. Amend section 552.215–70 by
revising the introductory text and the
date of the clause, and removing
‘‘exceeding $100,000’’ and adding
‘‘exceeding the simplified acquisition
threshold’’ in its place.
The revisions read as follows:
■
Contract format.
5. Remove sections 515.204–1 and
515.205.
■ 6. Amend section 515.209–70 by—
■ a. Revising the introductory text of
paragraph (a);
515.5 and 515.70
Authority: 40 U.S.C. 121(c).
4. Revise section 515.204 to read as
follows:
■
*
*
*
*
(a) Examination of records by GSA
clause for other than multiple award
schedule (MAS) contracts. Insert the
clause at 552.215–70, Examination of
Records by GSA, in all solicitations and
contracts above the simplified
acquisition threshold, including
acquisitions of leasehold interests in
real property, that meet any of the
conditions listed below:
*
*
*
*
*
(9) The contracting officer may
modify the clause at 552.215–70 to
define the specific area of audit (e.g., the
use or disposition of Governmentfurnished property). Office of General
Counsel or the Office of Regional
Counsel and the Assistant Inspector
General for Auditing or Regional
Inspector General for Auditing, as
appropriate, must concur in any
modifications to the clause.
(b) Insert the clause at 552.215–73,
Notice, in all solicitations for negotiated
procurements above the simplified
acquisition threshold in accordance
with FAR part 15.
*
*
*
*
*
8. The authority citation for 48 CFR
part 552 continues to read as follows:
■
[Removed]
*
■
Authority: 40 U.S.C. 121(c).
515.204–1 and 515.205
515.209–70 Examination of records by
GSA clause.
PART 552—SOLICITATIONS AND
PROVISIONS
■
515.204
b. Redesignating paragraph (b) as
paragraph (a)(9) and revising newly
redesignated paragraph (a)(9); and
■ c. Adding new paragraph (b).
The revisions and addition read as
follows:
■
552.215–70
GSA.
Examination of Records by
As prescribed in 515.209–70(a), insert
the following clause:
Examination of Records by GSA ([JUN
2016])
*
*
*
*
*
10. Add section 552.217–73 to read as
follows:
■
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36425
552.215–73 Notice Regarding Information
Collection Requirements.
As prescribed in 515.209–70(b), insert
the following clause:
Notice (JUN 2016)
(a) The information collection
requirements contained in this solicitation/
contract are either required by regulation or
approved by the Office of Management and
Budget pursuant to the Paperwork Reduction
Act and assigned OMB Control No. 3090–
0163.
(b) GSA’s hours of operation are 8:00 a.m.
to 4:30 p.m. EST. Requests for pre-award
debriefings postmarked or otherwise
submitted after 4:30 p.m. EST will be
considered submitted the following business
day. Requests for post-award debriefings
delivered after 4:30 p.m. EST will be
considered received and filed the following
business day.
(End of clause)
[FR Doc. 2016–13114 Filed 6–3–16; 8:45 am]
BILLING CODE 6820–61–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 511, 538, and 552
[GSAR Change 73; GSAR Case 2010–G511;
Docket No. 2014–0008; Sequence No. 1]
RIN 3090–AJ43
General Services Administration
Acquisition Regulation (GSAR);
Purchasing by Non-Federal Entities
Office of Government-wide
Policy, Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
AGENCY:
The General Services
Administration (GSA) is issuing a final
rule amending the General Services
Administration Acquisition Regulation
(GSAR) regulation, Describing Agency
Needs, to implement the Federal Supply
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). GSA is also
amending the GSAR, Federal Supply
Schedule Contracting, and Solicitation
Provisions and Contract Clauses, in
regard to this statutory implementation
to clarify the application of these laws
and access privileges of certain NonFederal Entities purchasing off of
Federal Supply Schedules (FSS).
Additionally, prescriptions in the GSAR
are amended to reflect the correct
prescription numbers. This final rule
SUMMARY:
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Agencies
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36423-36425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13114]
-----------------------------------------------------------------------
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
AGENCY: Office of Acquisition Policy, Office of Government-wide Policy,
General Services Administration (GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: 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:
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).
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)
[[Page 36424]]
identifying the Senior Procurement Executive (SPE) as the designee per
FAR 15.204(e).
GSAR 515.204-1--Deleted paragraphs (a) and (b) were moved
to other sections of GSAR Part 515.
GSAR 515.205--Deleted. When a contracting officer uses the
government-wide point of entry, such as FedBizOpps, the contracting
officer need not specifically send a solicitation to anyone, including
the incumbent.
GSAR 515.209--Added paragraphs (a) through (c) to align
all GSAM part 515, Solicitation provisions and contract clauses, with
FAR 15.209.
[cir] Paragraph (a) is the prescription for clause 552.215-70,
Examination of Records by GSA. Edits made to the text include deleting
the subtitle ``Clause for other than multiple award schedules.''
Replaced ``$100,000'' with ``simplified acquisition threshold'' and the
word ``you'' with ``contracting officer''. Eliminated the dashes in the
titles, ``Assistant Inspector General-Auditing'' and ``Regional
Inspector General-Auditing, replacing each dash with ``for''.
[cir] Paragraph (b) is the prescription for clause 552.215-73,
Notice, moved from GSAM 515.204-1(b)(1) and (2), notifying the public
of the assignment of OMB Control Number 3090-0163 to the information
collection requirements contained in the solicitation and contract, and
of GSA's hours of operation for requests of pre- or post-award
debriefings.
[cir] Paragraph (c) is the new prescription to use GSAR clause
552.215-74, Notice about Releasing Proposals, when using non-government
evaluators.
[cir] Paragraph (d) Clause for Multiple Award Schedules changes
``Multiple Award Schedules (MAS)'' to ``Federal Supply Schedules
(FSS);'' Clause should be used in all FSS solicitations and contracts.
GSAR 515.305--Moved from the regulatory to the non-
regulatory as it is only applicable internally to GSA.
GSAR 515.305-70--Deleted paragraph (a) was made non-
regulatory, the solicitation notice in paragraph (c) was moved to
515.209-70(c) and the ``Notice'' itself was converted into clause
552.215-74.
GSAR 515.70--The subpart, ``Use of Bid Samples'', is
deleted in its entirety as it is duplicative of FAR 14.202-4.
GSAR 552.215-70--Replaced ``$100,000'' with ``simplified
acquisition threshold''.
GSAR 552.215-73--Added a new clause, notifying the public
of OMB Control Number assigned to information collection requirements
contained in the solicitation and contract, and GSA's hours of
operations.
GSAR 552-215-74--Added a new clause for inclusion in
solicitations when non-government evaluators will be used.
B. Analysis of Public Comments
The public comment period for GSAR Part 515 closed on December 2,
2008, five comments were received from two respondents. A discussion of
these comments is provided below:
Comment 1: The respondent recommended consideration be given to
providing guidance on which section of the Uniform Contract Format
(UCF) the mandated paragraphs should be incorporated. GSAR 515.210-70
provides guidance to include this on GSA Form 1602 if it is used, but
what if it is not used?
Response: Guidance will be added to the GSAM to clarify that the
information should be placed in Section L of the solicitation.
Comment 2: GSAR 515.205: The respondent strongly recommended
deleting this entire section, which requires contracting officers to
issue solicitations to potential sources. The respondent stated that
there is little value added, especially since we no longer maintain
mailing lists. Potential offerors download the solicitations from
FedBizOpps, so there is rarely written interest expressed, positive or
negative. The guidance provided doesn't appear to add any real value as
any contracting officer should know to do this without having it
spelled out. Even if the section is not deleted, paragraph (a) needs to
be deleted. This paragraph causes a problem when the follow-on
acquisition strategy differs from the current and historical.
Response: Concur. This section is deleted. The GSAR text of the
final rule is amended as a result of this comment.
Comment 3: GSAR 515.209-70(c): The respondent stated that this
section, which requires the contracting officer to insert the clause at
552.215-71 Examination of Records by GSA (Multiple Award Schedule) in
solicitations and contracts for MAS contracts, does not appear to
relate to the Examination of Records clauses. The respondent
recommended clearly identifying when this notice should be included.
Not all solicitations will be reviewed by nongovernment evaluators, yet
as currently written it appears to state this notice should always be
included. The following revision was recommended:
``(c) Solicitation notice. When nongovernment evaluators will be
used, include in the solicitation a notice substantially as follows:''
Response: Concur. Clause 552.215-74, Notice about Releasing
Proposals is amended to include nongovernment evaluators. The
prescription at 515.209-70(c) is amended to clarify that the clause is
only applicable when nongovernment evaluators are used. The GSAR text
of the final rule is amended as a result of this comment.
Comment 4: GSAR 515.7002(b)(1): The respondent stated that the
actual prescription for use of GSAR clause 515.70 Use of Bid Samples
needs to be added. Currently it just states ``use the clause.''
Response: Non-concur. GSAR subpart 515.70, Use of Bid Samples, is
deleted in the final rule of the GSAR text as it unnecessarily
duplicates the FAR. No changes were made to the GSAR text of the final
rule as a result of this comment.
Comment 5: The respondent stated, both the current GSAR 515.204-1
and the proposed revision indicate that the paragraph regarding
debriefing requests does not apply to leasehold interests in real
property. The respondent was curious as to why this is so: are there no
debriefings under leasehold acquisitions? If so, then there could be a
separate Part 570 clause addressing only the OMB and Nondisclosure/
Conflict of Interest requirements.
Response: Non-concur. GSAR 570.309 addresses debriefings under
leasehold acquisitions. No changes were made to the GSAR text of the
final rule as a result of this comment.
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 Executive Order 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
[[Page 36425]]
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et
seq., because the revisions are administrative in nature and only
update and reorganize existing GSAR coverage.
V. Paperwork Reduction Act
The Paperwork Reduction Act applies; however, these changes to the
GSAR do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Number 3090-
0163.
List of Subjects in 48 CFR Parts 501, 515, and 552
Government procurement.
Dated: May 26, 2016.
Jeffrey A. Koses,
Office of Acquisition Policy, Senior Procurement Executive, General
Services Administration.
Therefore, GSA is amending 48 CFR parts 501, 515 and 552 as set
forth below:
PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION
SYSTEM
0
1. The authority citation for 48 CFR part 501 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
501.106 [Amended]
0
2. Amend section 501.106 by adding to the table, in numerical sequence,
GSAR Reference ``552.215-73'' and its corresponding OMB control number
``3090-0163''.
PART 515--CONTRACTING BY NEGOTIATION
0
3. The authority citation for 48 CFR part 515 is revised to read as
follows:
Authority: 40 U.S.C. 121(c).
0
4. Revise section 515.204 to read as follows:
515.204 Contract format.
(a) The uniform contract format is not required for leases of real
property (See GSAM 570.116).
(b) The Senior Procurement Executive is the agency head's designee
for the purposes of granting exemptions to the use of the Uniform
Contract Format (see FAR 15.204(e)).
515.204-1 and 515.205 [Removed]
0
5. Remove sections 515.204-1 and 515.205.
0
6. Amend section 515.209-70 by--
0
a. Revising the introductory text of paragraph (a);
0
b. Redesignating paragraph (b) as paragraph (a)(9) and revising newly
redesignated paragraph (a)(9); and
0
c. Adding new paragraph (b).
The revisions and addition read as follows:
515.209-70 Examination of records by GSA clause.
* * * * *
(a) Examination of records by GSA clause for other than multiple
award schedule (MAS) contracts. Insert the clause at 552.215-70,
Examination of Records by GSA, in all solicitations and contracts above
the simplified acquisition threshold, including acquisitions of
leasehold interests in real property, that meet any of the conditions
listed below:
* * * * *
(9) The contracting officer may modify the clause at 552.215-70 to
define the specific area of audit (e.g., the use or disposition of
Government-furnished property). Office of General Counsel or the Office
of Regional Counsel and the Assistant Inspector General for Auditing or
Regional Inspector General for Auditing, as appropriate, must concur in
any modifications to the clause.
(b) Insert the clause at 552.215-73, Notice, in all solicitations
for negotiated procurements above the simplified acquisition threshold
in accordance with FAR part 15.
* * * * *
515.5 and 515.70 [Removed]
0
7. Remove subparts 515.3 and 515.70.
PART 552--SOLICITATIONS AND PROVISIONS
0
8. The authority citation for 48 CFR part 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
0
9. Amend section 552.215-70 by revising the introductory text and the
date of the clause, and removing ``exceeding $100,000'' and adding
``exceeding the simplified acquisition threshold'' in its place.
The revisions read as follows:
552.215-70 Examination of Records by GSA.
As prescribed in 515.209-70(a), insert the following clause:
Examination of Records by GSA ([JUN 2016])
* * * * *
0
10. Add section 552.217-73 to read as follows:
552.215-73 Notice Regarding Information Collection Requirements.
As prescribed in 515.209-70(b), insert the following clause:
Notice (JUN 2016)
(a) The information collection requirements contained in this
solicitation/contract are either required by regulation or approved
by the Office of Management and Budget pursuant to the Paperwork
Reduction Act and assigned OMB Control No. 3090-0163.
(b) GSA's hours of operation are 8:00 a.m. to 4:30 p.m. EST.
Requests for pre-award debriefings postmarked or otherwise submitted
after 4:30 p.m. EST will be considered submitted the following
business day. Requests for post-award debriefings delivered after
4:30 p.m. EST will be considered received and filed the following
business day.
(End of clause)
[FR Doc. 2016-13114 Filed 6-3-16; 8:45 am]
BILLING CODE 6820-61-P