General Services Administration Acquisition Regulation (GSAR); Fair Opportunity Complaints on GSA Contracts, 2249-2250 [2016-31932]
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Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations
requester to appeal to the Chairman no
less than 90 days after the date of such
adverse determination, and the right of
such requester to seek dispute
resolution services from the agency’s
FOIA Public Liaison or the Office of
Government Information Services.
(2) Upon granting a request, the
Secretary shall promptly make records
available to the requestor. Upon denial
of such a request the Secretary shall
promptly notify the requestor of the
determination, explain the reason for
denial, give an estimate of the volume
of matter denied, and set forth the
names and titles or positions of each
person responsible for the denial of the
request.
(3)(i) * * *
(B) Be filed not later than 90 days
following receipt of notification of full
or partial denial of records requested.
*
*
*
*
*
(b) * * *
(3) If the time limit is extended as
prescribed under this section, and the
request cannot be processed within the
extended time limit, the Secretary shall
notify the requestor, and either provide
the requestor with an opportunity to
limit the scope of the request so that it
may be processed within the time limit,
or provide the requestor an opportunity
to arrange with the Secretary an
alternative time frame for processing the
request or a modified request. To aid the
requester, the Commission will make
available its FOIA Public Liaison, who
shall assist in the resolution of any
dispute between the requester and the
Commission, and notify the requester of
the right of the requester to seek dispute
resolution services from the Office of
Government Information Services.
*
*
*
*
*
■ 4. Amend § 503.33 by revising
paragraph (a)(5) and adding paragraphs
(a)(8) and (9) to read as follows:
sradovich on DSK3GMQ082PROD with RULES
§ 503.33 Exceptions to availability of
records.
(a) * * *
(5) Inter-agency or intra-agency
memoranda or letters that would not be
available by law to a party other than an
agency in litigation with the
Commission, provided that the
deliberative process privilege shall not
apply to records created 25 years or
more before the date on which the
records were requested.
*
*
*
*
*
(8) Contained in or related to
examination, operating, or condition
reports prepared by, on behalf of, or for
the use of an agency responsible for the
regulation or supervision of financial
institutions; or
VerDate Sep<11>2014
16:50 Jan 06, 2017
Jkt 241001
(9) Geological and geophysical
information and data, including maps,
concerning wells.
*
*
*
*
*
■ 5. Amend § 503.34 by revising
paragraph (b) to read as follows:
§ 503.34 Annual report of public
information request activity.
*
*
*
*
*
(b) Each such report shall be made
available to the public in electronic
format.
By the Commission.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2016–31891 Filed 1–6–17; 8:45 am]
BILLING CODE 6731–AA–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 516 and 552
[Change 81; GSAR Case 2015–G513; Docket
No. 2016–0021; Sequence No. 1]
RIN 3090–AJ79
General Services Administration
Acquisition Regulation (GSAR); Fair
Opportunity Complaints on GSA
Contracts
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) to clarify that the orderingagency task and delivery order
Ombudsman has jurisdiction and
responsibility to review and resolve fair
opportunity complaints on tasks and
delivery orders placed against GSA
multiple-award contracts.
DATES: Effective: January 9, 2017.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms.
Dana Davis, General Services
Acquisition Policy Division, GSA, by
telephone at 202–357–9652 or by email
at dana.munson@gsa.gov. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat at 202–501–4755.
Please cite GSAR case 2015–G513.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Discussion of Changes
The General Services Administration
(GSA) is issuing a final rule amending
the General Services Administration
Acquisition Regulation (GSAR) part 552,
Solicitation Provisions and Contract
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
2249
Clauses at 552.216–74 Task and
Delivery Orders. The final rule clarifies
that the jurisdiction and responsibility
to review and resolve fair opportunity
complaints placed against GSA
multiple-award contracts lies with the
ordering-agency task and delivery order
Ombudsman. Also, the final rule
requires the ordering agency to include
contact information for their task and
delivery order Ombudsman when
placing task or delivery orders against
GSA multiple-award contracts. Finally,
so that GSA can maintain insight into
fair opportunity complaints that arise on
orders other agencies place against these
contracts, the final rule requires the
contractor to provide a copy of its
complaint to the GSA Procurement
Ombudsman for informational
purposes, at the same time the
contractor files its complaint to the
ordering agency for action.
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 contractors or
offerors. This final rule is not required
to be published for public comment
because it does not have a significant
impact on the public, contractors or
offerors. This rule brings internal GSAR
policy up-to-date with FAR policy. The
change clarifies internal operating
procedures by the Government by
clarifying GSA’s jurisdiction regarding
fair opportunity complaints. The
proposed rule comment period is
impracticable as the FAR has already
directed specific regulatory action.
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
E:\FR\FM\09JAR1.SGM
09JAR1
2250
Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations
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 Act 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
This final rule does not contain any
information collection that requires
additional 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 516 and
552
Government procurement.
Dated: December 29, 2016.
Nicholas West,
Acting Senior Procurement Executive, Acting
Director, Office of Acquisition Policy, Office
of Governmentwide Policy.
Therefore, GSA amends 48 CFR parts
516 and 552 as set forth below:
■ 1. The authority citation for 48 CFR
parts 516 and 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
2. Amend section 516.506 by—
a. Revising paragraph (b);
b. Redesignate paragraph (d) as
paragraph (e); and
■ c. Adding a new paragraph (d).
The revision and addition reads as
follows:
sradovich on DSK3GMQ082PROD with RULES
■
■
■
16:50 Jan 06, 2017
*
*
*
*
*
(b) In solicitations and contracts for
multiple-award contracts where GSA is
the only ordering activity, or for GSA
orders placed against a GSA multipleaward contract, insert clause 552.216–
74, GSA Task-Order and Delivery-Order
Ombudsman. This clause shall not be
included in GSA-awarded contracts
available for multiple agency use (i.e.,
Governmentwide Acquisition Contracts,
Multi-Agency Contracts); instead, see
paragraph (d) of this section.
*
*
*
*
*
(d) Insert clause 552.216–76, Ordering
Agency Task-Order and Delivery-Order
Ombudsman in all GSA-awarded
contracts available for multiple agency
use (i.e., Governmentwide Acquisition
Contracts, Multi-Agency Contracts).
*
*
*
*
*
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Amend section 552.216–74 by
revising the date of the clause and
paragraph (c) to read as follows:
■
552.216–74 GSA Task-Order and DeliveryOrder Ombudsman.
*
Jkt 241001
*
*
*
*
GSA Task-Order and Delivery-Order
Ombudsman JAN 2017)
*
PART 516—TYPES OF CONTRACTS
VerDate Sep<11>2014
516.506 Solicitation provisions and
contract clauses.
*
*
*
*
(c) The GSA Task-Order and DeliveryOrder Ombudsman is located at the General
Services Administration (GSA), Office of
Government-wide Policy (OGP), Office of
Acquisition Policy (MV). Contact information
for the GSA Task-Order and Delivery-Order
Ombudsman can be found at: https://
www.gsa.gov/ombudsman.
(End of Clause)
PO 00000
Frm 00058
Fmt 4700
Sfmt 9990
4. Add section 552.216–76 to read as
follows:
■
552.216–76 Ordering Agency Task-Order
and Delivery-Order Ombudsman.
As prescribed in 516.506(d), insert the
following provision:
Ordering Agency Task-Order and DeliveryOrder Ombudsman (JAN 2017)
(a) Ordering Agency Task-Order and
Delivery-Order Ombudsman. The Ordering
Agency shall designate a Task-Order and
Delivery-Order Ombudsman to review
complaints from contractors and ensure that
they are afforded a fair opportunity for
consideration in the award of task or delivery
orders placed against GSA Indefinite
Delivery/Indefinite Quantity (ID/IQ)
contracts, consistent with the procedures in
the contract. The contact information for the
Ordering Agency Task-Order and DeliveryOrder Ombudsman shall be made available to
contractors.
(b) Submission of Complaints. When a
contractor submits a complaint to the
Ordering Agency’s designated Task-Order
and Delivery-Order Ombudsman, the
contractor shall also send a copy of the
complaint to the GSA Procurement
Ombudsman, for informational purposes.
The GSA Procurement Ombudsman is
located at the General Services
Administration, Office of Governmentwide
Policy (OGP), Office of Acquisition Policy
(MV). Contact information for the GSA
Procurement Ombudsman can be found at:
https://www.gsa.gov/ombudsman.
(c) If the contractor is not satisfied with the
resolution of its complaint by the Ordering
Agency Task-Order and Delivery-Order
Ombudsman, the contractor may follow the
procedures outlined in FAR subpart 33.1, as
applicable (e.g., FAR 16.505(a)(10).
(End of Clause)
[FR Doc. 2016–31932 Filed 1–6–17; 8:45 am]
BILLING CODE 6820–61–P
E:\FR\FM\09JAR1.SGM
09JAR1
Agencies
[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Rules and Regulations]
[Pages 2249-2250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31932]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 516 and 552
[Change 81; GSAR Case 2015-G513; Docket No. 2016-0021; Sequence No. 1]
RIN 3090-AJ79
General Services Administration Acquisition Regulation (GSAR);
Fair Opportunity Complaints on GSA Contracts
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is issuing a final
rule amending the General Services Administration Acquisition
Regulation (GSAR) to clarify that the ordering-agency task and delivery
order Ombudsman has jurisdiction and responsibility to review and
resolve fair opportunity complaints on tasks and delivery orders placed
against GSA multiple-award contracts.
DATES: Effective: January 9, 2017.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Dana Davis, General Services Acquisition Policy Division, GSA, by
telephone at 202-357-9652 or by email at dana.munson@gsa.gov. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at 202-501-4755. Please cite GSAR case 2015-
G513.
SUPPLEMENTARY INFORMATION:
I. Discussion of Changes
The General Services Administration (GSA) is issuing a final rule
amending the General Services Administration Acquisition Regulation
(GSAR) part 552, Solicitation Provisions and Contract Clauses at
552.216-74 Task and Delivery Orders. The final rule clarifies that the
jurisdiction and responsibility to review and resolve fair opportunity
complaints placed against GSA multiple-award contracts lies with the
ordering-agency task and delivery order Ombudsman. Also, the final rule
requires the ordering agency to include contact information for their
task and delivery order Ombudsman when placing task or delivery orders
against GSA multiple-award contracts. Finally, so that GSA can maintain
insight into fair opportunity complaints that arise on orders other
agencies place against these contracts, the final rule requires the
contractor to provide a copy of its complaint to the GSA Procurement
Ombudsman for informational purposes, at the same time the contractor
files its complaint to the ordering agency for action.
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 contractors or offerors.
This final rule is not required to be published for public comment
because it does not have a significant impact on the public,
contractors or offerors. This rule brings internal GSAR policy up-to-
date with FAR policy. The change clarifies internal operating
procedures by the Government by clarifying GSA's jurisdiction regarding
fair opportunity complaints. The proposed rule comment period is
impracticable as the FAR has already directed specific regulatory
action.
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
[[Page 2250]]
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 Act 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
This final rule does not contain any information collection that
requires additional 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 516 and 552
Government procurement.
Dated: December 29, 2016.
Nicholas West,
Acting Senior Procurement Executive, Acting Director, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, GSA amends 48 CFR parts 516 and 552 as set forth below:
0
1. The authority citation for 48 CFR parts 516 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 516--TYPES OF CONTRACTS
0
2. Amend section 516.506 by--
0
a. Revising paragraph (b);
0
b. Redesignate paragraph (d) as paragraph (e); and
0
c. Adding a new paragraph (d).
The revision and addition reads as follows:
516.506 Solicitation provisions and contract clauses.
* * * * *
(b) In solicitations and contracts for multiple-award contracts
where GSA is the only ordering activity, or for GSA orders placed
against a GSA multiple-award contract, insert clause 552.216-74, GSA
Task-Order and Delivery-Order Ombudsman. This clause shall not be
included in GSA-awarded contracts available for multiple agency use
(i.e., Governmentwide Acquisition Contracts, Multi-Agency Contracts);
instead, see paragraph (d) of this section.
* * * * *
(d) Insert clause 552.216-76, Ordering Agency Task-Order and
Delivery-Order Ombudsman in all GSA-awarded contracts available for
multiple agency use (i.e., Governmentwide Acquisition Contracts, Multi-
Agency Contracts).
* * * * *
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 552.216-74 by revising the date of the clause and
paragraph (c) to read as follows:
552.216-74 GSA Task-Order and Delivery-Order Ombudsman.
* * * * *
GSA Task-Order and Delivery-Order Ombudsman JAN 2017)
* * * * *
(c) The GSA Task-Order and Delivery-Order Ombudsman is located
at the General Services Administration (GSA), Office of Government-
wide Policy (OGP), Office of Acquisition Policy (MV). Contact
information for the GSA Task-Order and Delivery-Order Ombudsman can
be found at: https://www.gsa.gov/ombudsman.
(End of Clause)
0
4. Add section 552.216-76 to read as follows:
552.216-76 Ordering Agency Task-Order and Delivery-Order Ombudsman.
As prescribed in 516.506(d), insert the following provision:
Ordering Agency Task-Order and Delivery-Order Ombudsman (JAN 2017)
(a) Ordering Agency Task-Order and Delivery-Order Ombudsman. The
Ordering Agency shall designate a Task-Order and Delivery-Order
Ombudsman to review complaints from contractors and ensure that they
are afforded a fair opportunity for consideration in the award of
task or delivery orders placed against GSA Indefinite Delivery/
Indefinite Quantity (ID/IQ) contracts, consistent with the
procedures in the contract. The contact information for the Ordering
Agency Task-Order and Delivery-Order Ombudsman shall be made
available to contractors.
(b) Submission of Complaints. When a contractor submits a
complaint to the Ordering Agency's designated Task-Order and
Delivery-Order Ombudsman, the contractor shall also send a copy of
the complaint to the GSA Procurement Ombudsman, for informational
purposes. The GSA Procurement Ombudsman is located at the General
Services Administration, Office of Governmentwide Policy (OGP),
Office of Acquisition Policy (MV). Contact information for the GSA
Procurement Ombudsman can be found at: https://www.gsa.gov/ombudsman.
(c) If the contractor is not satisfied with the resolution of
its complaint by the Ordering Agency Task-Order and Delivery-Order
Ombudsman, the contractor may follow the procedures outlined in FAR
subpart 33.1, as applicable (e.g., FAR 16.505(a)(10).
(End of Clause)
[FR Doc. 2016-31932 Filed 1-6-17; 8:45 am]
BILLING CODE 6820-61-P