General Services Administration Acquisition Regulation (GSAR); Inflation of Acquisition-Related Thresholds, 68335-68336 [2016-24015]

Download as PDF Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations December 17, 2015 addressing noninterference with measures required to protect visibility in any other state (Clean Air Act section 110(a)(2)(D)(i)(II)) are disapproved for the following National Ambient Air Quality Standards: 2006 PM2.5, 2008 Ozone, 2010 NO2, 2010 SO2 and 2012 PM2.5. [FR Doc. 2016–24036 Filed 10–3–16; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 48 CFR Parts 503 and 552 [GSAR Change 76; GSAR Case 2016–G501; Docket No. 2016–0018; Sequence No. 1] RIN 3090–AJ78 General Services Administration Acquisition Regulation (GSAR); Inflation of Acquisition-Related Thresholds II. Public Comments Not Required Office of Acquisition Policy, General Services Administration (GSA). ACTION: Final rule. AGENCY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to make editorial changes. This case updates acquisition-related thresholds to align with the Federal Acquisition Regulation (FAR). DATES: Effective: October 4, 2016. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Ms. Janet Fry, Procurement Analyst, General Services Acquisition Policy Division, GSA, at 703–605–3167. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755. Please cite GSAR case 2016–G501. SUPPLEMENTARY INFORMATION: SUMMARY: asabaliauskas on DSK3SPTVN1PROD with RULES I. Discussion of Changes The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to make editorial changes to align acquisition thresholds with the Federal Acquisition Regulation (FAR). There are no significant content changes resulting from this case. GSAR section 503.1004(a) is updated to remove the duplicative and unnecessary language regarding the outdated $5,000,000 FAR threshold for including FAR 52.203–14, Display of Hotline Poster(s). The remaining text regarding the $1,000,000 threshold for disaster assistance funds is retained with minor edits. VerDate Sep<11>2014 17:56 Oct 03, 2016 Jkt 241001 Contract GSAR clauses 552.219–71, Notice to Offerors of Subcontracting Plan Requirements, and 552.219–72, Preparation, Submission and Negotiation of Subcontracting Plans, are updated to remove reference to the acquisition threshold of $650,000 and the language is restructured to no longer state the threshold but rather direct the reader to FAR 52.219–9 which clearly addresses the thresholds for subcontracting plans. By referencing back to the FAR, future inflation updates will not require amendments to the GSAR. GSAR clause 552.270–13, Proposals for Adjustment, is updated to replace ‘‘$500,000’’ with ‘‘$750,000.’’ Referencing the FAR for the threshold to prevent future updates was not an alternative. 41 U.S.C. 1707, Publication of proposed regulations, applies to the publication of the General Services Administration Acquisition Regulation. Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form including amendment or modification thereof must be published for public comment if it has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form or has a significant cost or administrative impact on contractor or offerors. This final rule is not required to be published for public comment because it contains minor editorial updates without changing the meaning of content. The changes do not have a significant impact on the public. 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. PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 68335 IV. Regulatory Flexibility Act The Regulatory Flexibility Analysis does not apply to this rule because this final rule does not constitute a significant GSAR revision and 41 U.S.C. 1707 does not require publication for public comment. 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 503 and 552 Government procurement. Dated: September 29, 2016. Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy, Office of Governmentwide Policy. Therefore, GSA is amending 48 CFR parts 503 and 552 as set forth below: ■ 1. The authority citation for 48 CFR parts 503 and 552 continues to read as follows: Authority: 40 U.S.C. 121(c). PART 503—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST 2. Amend section 503.1004 by revising paragraph (a) to read as follows: ■ 503.1004 Contract clauses. (a) GSA has exercised the authority provided at FAR 3.1004(b)(1)(i) to establish a lower threshold for inclusion of clause 52.203–14, Display of Hotline Poster(s). When the contract or order is funded with disaster assistance funds, the threshold is $1,000,000. * * * * * PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Amend section 552.219–71 by revising the date of the provision and the provision to read as follows: ■ 552.219–71 Notice to Offerrors of Subcontracting Plan Requirements. * * * * * Notice to Offerrors of Subcontracting Plan Requirements (Oct 2016) The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteranowned, and service-disabled veteran-owned small business concerns to participate in the E:\FR\FM\04OCR1.SGM 04OCR1 68336 Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219–9, Small Business Subcontracting Plan, to reflect this commitment. The plan must demonstrate a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteranowned, and service-disabled veteran-owned small business concerns as subcontractors in the performance of this contract. * * * * * 4. Amend section 552.219–72 by revising the date of the provision and paragraph (a) to read as follows: ■ 552.219–72 Preparation, Submission, and Negotiation of Subcontracting Plans. * * * * * Preparation, Submission, and Negotiation of Subcontracting Plans (Oct 2016) (a) When submitting a subcontracting plan in accordance with FAR 52.219–9, the offeror shall submit a subcontracting plan with its initial offer. The subcontracting plan will be negotiated concurrently with price and any required technical and management proposals, unless the offeror submits a previously-approved commercial plan. * * * * * 5. Amend section 552.270–13 by revising the date of the provision; and removing from paragraph (c) introductory text and paragraph (c)(2) ‘‘500,000’’ and adding ‘‘750,000’’ in their places, respectively. The revision reads as follows. ■ 552.270–13 * * Proposals for Adjustment. * * * Proposals for Adjustment (Oct 2016) * * * * * [FR Doc. 2016–24015 Filed 10–3–16; 8:45 am] BILLING CODE 6820–61–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 355, 356, 365, 369, 370, 373, 374, 376, 377, 378, 382, 383, 384, 385, 386, 390, 391, 392, 395, 397, and 398 asabaliauskas on DSK3SPTVN1PROD with RULES RIN 2126–AB95 General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. AGENCY: FMCSA amends its regulations by making technical SUMMARY: VerDate Sep<11>2014 17:56 Oct 03, 2016 Jkt 241001 corrections throughout. The Agency is making minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update cross references, and improve clarity and consistency of certain regulatory provisions. Further, this set of amendments removes all remaining instances of the term ‘‘common carrier’’ and ‘‘contract carrier’’ as required by the ICC Termination Act (ICCTA) and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU). This rule does not make any substantive changes to the affected regulations, except to remove obsolete provisions. DATES: Effective Date: The final rule is effective September 30, 2016. FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Federal Motor Carrier Safety Administration, Regulatory Development Division, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001, by telephone at (202) 366–5370 or via email at FMCSAregs@dot.gov. Office hours are from 9:00 a.m. to 5:00 p.m. e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Legal Basis for the Rulemaking Congress delegated certain powers to regulate interstate commerce to the United States Department of Transportation (DOT or Department) in numerous pieces of legislation, most notably in section 6 of the Department of Transportation Act (DOT Act) (Pub. L. 85–670, 80 Stat. 931 (1966)). Section 55 of the DOT Act transferred to the Department the authority of the former Interstate Commerce Commission (ICC) to regulate the qualifications and maximum hours-of-service of employees, the safety of operations, and the equipment of motor carriers in interstate commerce. See 49 United States Code (U.S.C.) 104. This authority, first granted to the ICC in the Motor Carrier Act of 1935 (Pub. L. 74–255, 49 Stat. 543, Aug. 9, 1935), now appears in 49 U.S.C. chapter 315. The regulations issued under this authority became known as the Federal Motor Carrier Safety Regulations (FMCSRs), appearing generally at 49 CFR parts 350–399. The administrative powers to enforce chapter 315 were also transferred from the ICC to the DOT in 1966 and appear in 49 U.S.C. chapter 5. The Secretary of the DOT (Secretary) delegated oversight of these provisions to the Federal Highway Administration (FHWA), a predecessor agency of FMCSA. The FMCSA Administrator has been delegated authority under 49 CFR 1.87 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 to carry out the motor carrier functions vested in the Secretary. Between 1984 and 1999, a number of statutes added to FHWA’s authority. Various statutes authorize the enforcement of the FMCSRs, the Hazardous Materials Regulations (HMRs), and the Commercial Regulations, and provide both civil and criminal penalties for violations of these requirements. These statutes include the Motor Carrier Safety Act of 1984 (Pub. L. 98–554, 98 Stat. 2832, Oct. 30, 1984), codified at 49 U.S.C. chapter 311, subchapter III (MCSA); the Commercial Motor Vehicle Safety Act of 1986 (Pub. L. 99–570, 100 Stat. 3207–170, Oct. 27, 1986), codified at 49 U.S.C. chapter 313; the Hazardous Materials Transportation Uniform Safety Act of 1990, as amended (Pub. L. 101–615, 104 Stat. 3244, Nov. 16, 1990), codified at 49 U.S.C. chapter 51; and the ICCTA of 1995 (Pub. L. 104– 88, 109 Stat. 803, Dec. 29, 1995), codified at 49 U.S.C. chapters 131–149. The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106–159, 113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new operating administration within DOT, effective January 1, 2000. The motor carrier safety responsibilities previously assigned to both ICC and FHWA are now assigned to FMCSA. Congress expanded, modified, and amended FMCSA’s authority in the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (Pub. L. 107–56, 115 Stat. 272, Oct. 26, 2001), SAFETEA–LU (Pub. L. 109–59, 119 Stat. 1144, Aug. 10, 2005), the SAFETEA–LU Technical Corrections Act of 2008 (Pub. L. 110–244, 122 Stat. 1572, June 6, 2008), and the Moving Ahead for Progress in the 21st Century Act (MAP– 21) (Pub. L. 112–141, 126 Stat. 405, July 6, 2012). The specific regulations amended by this rule are based on the statutes detailed above. Generally, the legal authority for each of those provisions was explained when the requirement was originally adopted and is noted at the beginning of each part in title 49 of the CFR. Title 49 CFR subtitle B, chapter III, contains all of the FMCSRs. The Administrative Procedure Act (APA) (5 U.S.C. 551–706) specifically provides exceptions to its notice and public comment rulemaking procedures where the Agency finds there is good cause (and incorporates the finding and a brief statement of reasons therefore in the rules issued) to dispense with them. Generally, good cause exists where the Agency determines that notice and public procedures are impractical, E:\FR\FM\04OCR1.SGM 04OCR1

Agencies

[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Rules and Regulations]
[Pages 68335-68336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24015]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 503 and 552

[GSAR Change 76; GSAR Case 2016-G501; Docket No. 2016-0018; Sequence 
No. 1]
RIN 3090-AJ78


General Services Administration Acquisition Regulation (GSAR); 
Inflation of Acquisition-Related Thresholds

AGENCY: Office of Acquisition Policy, General Services Administration 
(GSA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The General Services Administration (GSA) is amending the 
General Services Administration Acquisition Regulation (GSAR) to make 
editorial changes. This case updates acquisition-related thresholds to 
align with the Federal Acquisition Regulation (FAR).

DATES: Effective: October 4, 2016.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Janet Fry, Procurement Analyst, General Services Acquisition Policy 
Division, GSA, at 703-605-3167. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at 202-501-
4755. Please cite GSAR case 2016-G501.

SUPPLEMENTARY INFORMATION:

I. Discussion of Changes

    The General Services Administration (GSA) is amending the General 
Services Administration Acquisition Regulation (GSAR) to make editorial 
changes to align acquisition thresholds with the Federal Acquisition 
Regulation (FAR). There are no significant content changes resulting 
from this case.
    GSAR section 503.1004(a) is updated to remove the duplicative and 
unnecessary language regarding the outdated $5,000,000 FAR threshold 
for including FAR 52.203-14, Display of Hotline Poster(s). The 
remaining text regarding the $1,000,000 threshold for disaster 
assistance funds is retained with minor edits.
    Contract GSAR clauses 552.219-71, Notice to Offerors of 
Subcontracting Plan Requirements, and 552.219-72, Preparation, 
Submission and Negotiation of Subcontracting Plans, are updated to 
remove reference to the acquisition threshold of $650,000 and the 
language is restructured to no longer state the threshold but rather 
direct the reader to FAR 52.219-9 which clearly addresses the 
thresholds for subcontracting plans. By referencing back to the FAR, 
future inflation updates will not require amendments to the GSAR.
    GSAR clause 552.270-13, Proposals for Adjustment, is updated to 
replace ``$500,000'' with ``$750,000.'' Referencing the FAR for the 
threshold to prevent future updates was not an alternative.

II. Public Comments Not Required

    41 U.S.C. 1707, Publication of proposed regulations, applies to the 
publication of the General Services Administration Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form including amendment or 
modification thereof must be published for public comment if it has 
either a significant effect beyond the internal operating procedures of 
the agency issuing the policy, regulation, procedure, or form or has a 
significant cost or administrative impact on contractor or offerors. 
This final rule is not required to be published for public comment 
because it contains minor editorial updates without changing the 
meaning of content. The changes do not have a significant impact on the 
public.

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 Regulatory Flexibility Analysis does not apply to this rule 
because this final rule does not constitute a significant GSAR revision 
and 41 U.S.C. 1707 does not require publication for public comment.

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 503 and 552

    Government procurement.

    Dated: September 29, 2016.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy.
    Therefore, GSA is amending 48 CFR parts 503 and 552 as set forth 
below:

0
1. The authority citation for 48 CFR parts 503 and 552 continues to 
read as follows:

    Authority:  40 U.S.C. 121(c).

PART 503--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

0
2. Amend section 503.1004 by revising paragraph (a) to read as follows:


503.1004   Contract clauses.

    (a) GSA has exercised the authority provided at FAR 3.1004(b)(1)(i) 
to establish a lower threshold for inclusion of clause 52.203-14, 
Display of Hotline Poster(s). When the contract or order is funded with 
disaster assistance funds, the threshold is $1,000,000.
* * * * *

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 552.219-71 by revising the date of the provision and 
the provision to read as follows:


552.219-71   Notice to Offerrors of Subcontracting Plan Requirements.

* * * * *

Notice to Offerrors of Subcontracting Plan Requirements (Oct 2016)

    The General Services Administration (GSA) is committed to 
assuring that maximum practicable opportunity is provided to small, 
HUBZone small, small disadvantaged, women-owned, veteran-owned, and 
service-disabled veteran-owned small business concerns to 
participate in the

[[Page 68336]]

performance of this contract consistent with its efficient 
performance. GSA expects any subcontracting plan submitted pursuant 
to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this 
commitment. The plan must demonstrate a creative and innovative 
program for involving small, HUBZone small, small disadvantaged, 
women-owned, veteran-owned, and service-disabled veteran-owned small 
business concerns as subcontractors in the performance of this 
contract.

* * * * *

0
4. Amend section 552.219-72 by revising the date of the provision and 
paragraph (a) to read as follows:


552.219-72   Preparation, Submission, and Negotiation of Subcontracting 
Plans.

* * * * *

Preparation, Submission, and Negotiation of Subcontracting Plans (Oct 
2016)

    (a) When submitting a subcontracting plan in accordance with FAR 
52.219-9, the offeror shall submit a subcontracting plan with its 
initial offer. The subcontracting plan will be negotiated 
concurrently with price and any required technical and management 
proposals, unless the offeror submits a previously-approved 
commercial plan.

* * * * *

0
5. Amend section 552.270-13 by revising the date of the provision; and 
removing from paragraph (c) introductory text and paragraph (c)(2) 
``500,000'' and adding ``750,000'' in their places, respectively.
    The revision reads as follows.


552.270-13   Proposals for Adjustment.

* * * * *

Proposals for Adjustment (Oct 2016)

* * * * *
[FR Doc. 2016-24015 Filed 10-3-16; 8:45 am]
 BILLING CODE 6820-61-P