Unified Agenda of Federal Regulatory and Deregulatory Actions, 27205-27209 [2018-11285]
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Vol. 83
Monday,
No. 112
June 11, 2018
Part XVIII
General Services Administration
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GENERAL SERVICES
ADMINISTRATION
40 CFR 1900
41 CFR Chs. 101, 102, 105, 300, 301,
302, and 304
48 CFR Chapter 5
Unified Agenda of Federal Regulatory
and Deregulatory Actions
General Services
Administration (GSA).
AGENCY:
ACTION:
Semiannual regulatory agenda.
This agenda announces the
proposed regulatory actions that GSA
plans for the next 12 months and those
that were completed since the fall 2017
edition. This agenda was developed
under the guidelines of Executive Order
12866 ‘‘Regulatory Planning and
Review’’, as amended. GSA’s purpose in
publishing this agenda is to allow
interested persons an opportunity to
SUMMARY:
participate in the rulemaking process.
GSA also invites interested persons to
recommend existing significant
regulations for review to determine
whether they should be modified or
eliminated. Published proposed rules
may be reviewed in their entirety at the
Government’s rulemaking website at
https://www.regulations.gov.
Since the fall 2007 edition, the
internet has been the basic means for
disseminating the Unified Agenda. The
complete Unified Agenda will be
available online at www.reginfo.gov, in
a format that offers users a greatly
enhanced ability to obtain information
from the Agenda database.
Because publication in the Federal
Register is mandated for the regulatory
flexibility agendas required by the
Regulatory Flexibility Act (5 U.S.C.
602), GSA’s printed agenda entries
include only:
(1) Rules that are in the Agency’s
regulatory flexibility agenda, in
accordance with the Regulatory
Flexibility Act, because they are likely
to have a significant economic impact
on a substantial number of small
entities; and
(2) Any rules that the Agency has
identified for periodic review under
section 610 of the Regulatory Flexibility
Act.
Printing of these entries is limited to
fields that contain information required
by the Regulatory Flexibility Act’s
Agenda requirements. Additional
information on these entries is available
in the Unified Agenda published on the
internet. In addition, for fall editions of
the Agenda, the entire Regulatory Plan
will continue to be printed in the
Federal Register, as in past years,
including GSA’s regulatory plan.
Lois
Mandell, Division Director, Regulatory
Secretariat Division at (202) 501–4755.
FOR FURTHER INFORMATION CONTACT:
Dated: March 1, 2018.
Giancarlo Brizzi,
Acting Associate Administrator, Office of
Government-wide Policy.
GENERAL SERVICES ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
182 ....................
General Services Administration Acquisition Regulation (GSAR): GSAR Case 2015–G506, Adoption of
Construction Project Delivery Method Involving Early Industry Engagement.
General Services Acquisition Regulation (GSAR); GSAR Case 2016–G511, Information and Information
Systems Security.
General Services Administration Acquisition Regulation (GSAR); GSAR Case 2016–G515, Cyber Incident
Reporting.
183 ....................
184 ....................
3090–AJ64
3090–AJ84
3090–AJ85
GENERAL SERVICES ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
185 ....................
GSAR Case 2008–G517, Cooperative Purchasing—Acquisition of Security and Law Enforcement Related
Goods and Services (Schedule 84) by State and Local Governments Through Federal Supply Schedules.
General Services Administration Acquisition Regulation (GSAR); GSAR Case 2013–G502, Federal Supply
Schedule Contract (Administration).
General Services Administration Acquisition Regulation (GSAR); GSAR Case 2015–G503, Construction
Contract Administration.
186 ....................
187 ....................
3090–AI68
3090–AJ41
3090–AJ63
GENERAL SERVICES ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Title
188 ....................
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Sequence No.
General Services Administration Acquisition Regulation (GSAR); GSAR Case 2014–G503, Contract Funding.
General Services Administration Acquisition Regulation (GSAR); GSAR Case 2015–G512, Unenforceable
Commercial Supplier Agreement Terms.
General Services Administration Acquisition Regulation (GSAR); GSAR 2016–G506, Federal Supply
Schedule, Order-Level Materials.
189 ....................
190 ....................
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3090–AJ55
3090–AJ67
3090–AJ75
Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda
GENERAL SERVICES
ADMINISTRATION (GSA)
Office of Acquisition Policy
Proposed Rule Stage
182. General Services Administration
Acquisition Regulation (GSAR): GSAR
Case 2015–G506, Adoption of
Construction Project Delivery Method
Involving Early Industry Engagement
E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: GSA is proposing to amend
the General Services Administration
Acquisition Regulation (GSAR) to adopt
an additional project delivery method
for construction, construction manager
as constructor (CMc). CMc is used in
industry and allows for early industry
engagement on construction contracts
that provide schedule growth and
administrative savings. The current FAR
and GSAR lacks detailed coverage
differentiating various construction
project delivery methods. GSA’s
policies on CMc have been previously
issued through other means. By
incorporating CMc into the GSAR and
differentiating for various construction
methods, the GSAR will provide
centralized guidance to ensure
consistent application of construction
project principles across the
organization. Integrating these
requirements into the GSAR will also
allow industry to provide public
comments through the rulemaking
process.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
FR Cite
11/00/18
01/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Tony Hubbard,
Procurement Analyst, General Services
Administration, 1800 F Street NW,
Washington, DC 20405, Phone: 202 357–
5810, Email: tony.hubbard@gsa.gov.
RIN: 3090–AJ64
daltland on DSKBBV9HB2PROD with PROPOSALS4
183. General Services Acquisition
Regulation (GSAR); GSAR Case 2016–
G511, Information and Information
Systems Security
E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: GSA is proposing to update
the General Services Administration
Acquisition Regulation (GSAR) to
streamline and update existing GSA
cybersecurity requirements and
integrate these requirements within the
GSAR. GSA unique policies on
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cybersecurity have been previously
issued through other means. By
incorporating cybersecurity
requirements into the GSAR, the GSAR
will provide centralized guidance to
ensure consistent application of
cybersecurity principles across the
organization. Integrating these
requirements into the GSAR will also
allow industry to provide public
comments through the rulemaking
process.
The GSA cybersecurity requirements
mandate contractors protect the
confidentiality, integrity, and
availability of unclassified GSA
information and information systems
from cybersecurity vulnerabilities, and
threats in accordance with the Federal
Information Security Modernization Act
of 2014 and associated Federal
cybersecurity requirements. This rule
will require contracting officers to
incorporate applicable GSA
cybersecurity requirements within the
statement of work to ensure compliance
with Federal cybersecurity requirements
and implement best practices for
preventing cyber incidents. These GSA
requirements mandate applicable
controls and standards (e.g. U.S.
National Institute of Standards and
Technology, U.S. National Archive and
Records Administration Controlled
Unclassified Information standards).
Cybersecurity requirements for
internal contractor systems, external
contractor systems, cloud systems, and
mobile systems will be covered by this
rule. It will also update existing GSAR
provision 552.239–70, Information
Technology Security Plan and Security
Authorization and GSAR clause
552.239–71, Security Requirements for
Unclassified Information Technology
Resources to only require the provision
and clause when the contract will
involve information or information
systems connected to a GSA network.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
FR Cite
08/00/18
10/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michelle Bohm,
Contract Specialist, General Services
Administration, 100 S Independence
Mall W Room: 9th Floor, Philadelphia,
PA 19106–2320, Phone: 215 446–4705,
Email: michelle.bohm@gsa.gov.
RIN: 3090–AJ84
PO 00000
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184. General Services Administration
Acquisition Regulation (GSAR); GSAR
Case 2016–G515, Cyber Incident
Reporting
E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: GSA is proposing to amend
the General Services Administration
Acquisition Regulation (GSAR) to
provide requirements for GSA
contractors to report cyber incidents
that could potentially affect GSA or its
customer agencies. The rule integrates
the existing cyber incident reporting
policy within GSA Order CIO 9297.2C,
GSA Information Breach Notification
Policy that did not previously go
through the rulemaking process into the
GSAR. By incorporating cyber incident
reporting requirements into the GSAR,
the GSAR will provide centralized
guidance to ensure consistent
application of cybersecurity principles
across the organization. Integrating
these requirements into the GSAR will
also allow industry to provide public
comments through the rulemaking
process.
The rule outlines the roles and
responsibilities of the GSA contracting
officer, contractors, and agencies
ordering off of GSA’s contracts in the
reporting of a cyber incident.
The rule establishes a contractor’s
responsibility to report any cyber
incident where the confidentiality,
integrity, or availability of GSA
information or information systems are
potentially compromised or where the
confidentiality, integrity, or availability
of information or information systems
owned or managed by or on behalf of
the U.S. Government is potentially
compromised. It establishes an explicit
timeframe for reporting cyber incidents,
details the required elements of a cyber
incident report, and provides the
required Government’s points of contact
for submitting the cyber incident report.
The rule also outlines the additional
contractor requirements that may apply
for any cyber incidents involving
personally identifiable information. In
addition, the rule clarifies both GSA and
ordering agencies’ authority to access
contractor systems in the event of a
cyber incident. It also establishes the
role of GSA in the cyber incident
reporting process and outlines how the
primary response agency for a cyber
incident is determined. In addition, it
establishes the requirement for the
contractor to preserve images of affected
systems and ensure contractor
employees receive appropriate training
for reporting cyber incidents. The rule
also outlines how contractor
attributional/proprietary information
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda
provided as part of the cyber incident
reporting process will be protected and
used.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
FR Cite
10/00/18
12/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kevin Funk, Program
Analyst, General Services
Administration, 1800 F Street NW,
Washington, DC 20405, Phone: 202 357–
5805, Email: kevin.funk@gsa.gov.
RIN: 3090–AJ85
GENERAL SERVICES
ADMINISTRATION (GSA)
Agency Contact: Christina Mullins,
Procurement Analyst, General Services
Administration, 1800 F Street NW,
Washington, DC 20405, Phone: 202 969–
4966, Email: christina.mullins@gsa.gov.
RIN: 3090–AI68
186. General Services Administration
Acquisition Regulation (GSAR); GSAR
Case 2013–G502, Federal Supply
Schedule Contract (Administration)
E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: The General Services
Administration (GSA) is amending the
General Services Administration
Acquisition Regulation (GSAR) to
clarify and update the contracting by
negotiation GSAR section and
incorporate existing Federal Supply
Schedule Contracting policies and
procedures, and corresponding
provisions and clauses.
Timetable:
Office of Acquisition Policy
Action
Final Rule Stage
185. GSAR CASE 2008–G517,
Cooperative Purchasing—Acquisition of
Security and Law Enforcement Related
Goods and Services (Schedule 84) by
State and Local Governments Through
Federal Supply Schedules
daltland on DSKBBV9HB2PROD with PROPOSALS4
E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 40
U.S.C. 502(c)(1)(B)
Abstract: The General Services
Administration (GSA) is amending the
General Services Administration
Acquisition Regulation (GSAR) to
implement Public Law 110–248, The
Local Preparedness Acquisition Act.
The Act authorizes the Administrator of
General Services to provide for the use
by State or local governments of Federal
Supply Schedules of the General
Services Administration (GSA) for alarm
and signal systems, facility management
systems, firefighting and rescue
equipment, law enforcement and
security equipment, marine craft and
related equipment, special purpose
clothing, and related services (as
contained in Federal supply
classification code group 84 or any
amended or subsequent version of that
Federal supply classification group).
Timetable:
Action
Date
Interim Final Rule
Interim Final Rule
Comment Period End.
Final Rule ............
09/19/08
11/18/08
FR Cite
73 FR 54334
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Jkt 244001
FR Cite
79 FR 54126
08/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Dana L. Munson,
Procurement Analyst, General Services
Administration, 1800 F Street NW,
Washington, DC 20405, Phone: 202 357–
9652, Email: dana.munson@gsa.gov.
RIN: 3090–AJ41
187. General Services Administration
Acquisition Regulation (GSAR); GSAR
Case 2015–G503, Construction Contract
Administration
E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: GSA is amending the
General Services Administration
Acquisition Regulation (GSAR) to revise
sections of GSAR part 536, Construction
and Architect-Engineer Contracts, and
related parts, to maintain consistency
with the Federal Acquisition Regulation
(FAR) and to incorporate updated
construction contract administration
policies and procedures.
The changes fall into five categories:
(1) Incorporating existing Agency policy
previously issued through other means,
(2) reorganizing to better align with the
FAR, (3) incorporating Agency unique
clauses, (4) incorporating supplemental
material, and (5) editing for clarity.
Timetable:
08/00/18
21:19 Jun 08, 2018
09/10/14
11/10/14
Action
Regulatory Flexibility Analysis
Required: Yes.
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Date
Date
NPRM ..................
NPRM Comment
Period End.
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09/09/16
11/08/16
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FR Cite
81 FR 62434
Action
Final Rule ............
Date
FR Cite
08/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Tony Hubbard,
Procurement Analyst, General Services
Administration, 1800 F Street NW,
Washington, DC 20405, Phone: 202 357–
5810, Email: tony.hubbard@gsa.gov.
RIN: 3090–AJ63
GENERAL SERVICES
ADMINISTRATION (GSA)
Completed Actions
188. General Services Administration
Acquisition Regulation (GSAR); GSAR
Case 2014–G503, Contract Funding
E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: This RIN is being
withdrawn as it is covered by FAR Case
2016–012, Incremental Funding of
Fixed-Price Contracting Actions which
is currently in development.
Completed:
Reason
Withdrawn ...........
Date
FR Cite
02/07/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: James Tsujimoto,
Phone: 202 208–3585, Email:
james.tsujimoto@gsa.gov.
RIN: 3090–AJ55
189. General Services Administration
Acquisition Regulation (GSAR); GSAR
Case 2015–G512, Unenforceable
Commercial Supplier Agreement Terms
E.O. 13771 Designation: Deregulatory.
Legal Authority: 40 U.S.C. 121(c)
Abstract: GSA amended the General
Services Administration Acquisition
Regulation (GSAR) to address common
commercial supplier agreement terms
that are inconsistent with or create
ambiguity with Federal Law.
Completed:
Reason
Final Rule ............
Final Rule Effective.
Date
02/22/18
02/22/18
FR Cite
83 FR 7631
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Janet Fry, Phone: 703
605–3167, Email: janet.fry@gsa.gov.
RIN: 3090–AJ67
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda
190. General Services Administration
Acquisition Regulation (GSAR); GSAR
2016–G506, Federal Supply Schedule,
Order-Level Materials
daltland on DSKBBV9HB2PROD with PROPOSALS4
E.O. 13771 Designation: Deregulatory.
Legal Authority: 40 U.S.C. 121(c)
Abstract: The General Services
Administration (GSA) amended the
General Services Administration
Acquisition Regulation (GSAR) to
clarify the authority to acquire orderlevel materials when placing an
individual task order or delivery order
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21:19 Jun 08, 2018
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against a Federal Supply Schedule (FSS)
contract or FSS blanket purchase
agreement (BPA). OLMs are supplies
and/or services acquired in direct
support of an individual task or delivery
order placed against an FSS contract or
BPA, when the supplies and/or services
are not known at the time of contract or
BPA award.
Completed:
Reason
Date
Final Rule ............
PO 00000
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01/24/18
Fmt 4701
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FR Cite
83 FR 3275
Reason
Final Rule Effective.
Date
27209
FR Cite
01/24/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Leah Price, Phone:
703 605–2558, Email: leah.price@
gsa.gov.
RIN: 3090–AJ75
[FR Doc. 2018–11285 Filed 6–8–18; 8:45 am]
BILLING CODE 6820–34–P
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Agencies
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Unknown Section]
[Pages 27205-27209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11285]
[[Page 27205]]
Vol. 83
Monday,
No. 112
June 11, 2018
Part XVIII
General Services Administration
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 112 / Monday, June 11, 2018 /
Unified Agenda
[[Page 27206]]
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
40 CFR 1900
41 CFR Chs. 101, 102, 105, 300, 301, 302, and 304
48 CFR Chapter 5
Unified Agenda of Federal Regulatory and Deregulatory Actions
AGENCY: General Services Administration (GSA).
ACTION: Semiannual regulatory agenda.
-----------------------------------------------------------------------
SUMMARY: This agenda announces the proposed regulatory actions that GSA
plans for the next 12 months and those that were completed since the
fall 2017 edition. This agenda was developed under the guidelines of
Executive Order 12866 ``Regulatory Planning and Review'', as amended.
GSA's purpose in publishing this agenda is to allow interested persons
an opportunity to participate in the rulemaking process. GSA also
invites interested persons to recommend existing significant
regulations for review to determine whether they should be modified or
eliminated. Published proposed rules may be reviewed in their entirety
at the Government's rulemaking website at https://www.regulations.gov.
Since the fall 2007 edition, the internet has been the basic means
for disseminating the Unified Agenda. The complete Unified Agenda will
be available online at www.reginfo.gov, in a format that offers users a
greatly enhanced ability to obtain information from the Agenda
database.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory Flexibility
Act (5 U.S.C. 602), GSA's printed agenda entries include only:
(1) Rules that are in the Agency's regulatory flexibility agenda,
in accordance with the Regulatory Flexibility Act, because they are
likely to have a significant economic impact on a substantial number of
small entities; and
(2) Any rules that the Agency has identified for periodic review
under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. Additional information on these entries is available in
the Unified Agenda published on the internet. In addition, for fall
editions of the Agenda, the entire Regulatory Plan will continue to be
printed in the Federal Register, as in past years, including GSA's
regulatory plan.
FOR FURTHER INFORMATION CONTACT: Lois Mandell, Division Director,
Regulatory Secretariat Division at (202) 501-4755.
Dated: March 1, 2018.
Giancarlo Brizzi,
Acting Associate Administrator, Office of Government-wide Policy.
General Services Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
182....................... General Services 3090-AJ64
Administration
Acquisition Regulation
(GSAR): GSAR Case 2015-
G506, Adoption of
Construction Project
Delivery Method Involving
Early Industry Engagement.
183....................... General Services 3090-AJ84
Acquisition Regulation
(GSAR); GSAR Case 2016-
G511, Information and
Information Systems
Security.
184....................... General Services 3090-AJ85
Administration
Acquisition Regulation
(GSAR); GSAR Case 2016-
G515, Cyber Incident
Reporting.
------------------------------------------------------------------------
General Services Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
185....................... GSAR Case 2008-G517, 3090-AI68
Cooperative Purchasing--
Acquisition of Security
and Law Enforcement
Related Goods and
Services (Schedule 84) by
State and Local
Governments Through
Federal Supply Schedules.
186....................... General Services 3090-AJ41
Administration
Acquisition Regulation
(GSAR); GSAR Case 2013-
G502, Federal Supply
Schedule Contract
(Administration).
187....................... General Services 3090-AJ63
Administration
Acquisition Regulation
(GSAR); GSAR Case 2015-
G503, Construction
Contract Administration.
------------------------------------------------------------------------
General Services Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
188....................... General Services 3090-AJ55
Administration
Acquisition Regulation
(GSAR); GSAR Case 2014-
G503, Contract Funding.
189....................... General Services 3090-AJ67
Administration
Acquisition Regulation
(GSAR); GSAR Case 2015-
G512, Unenforceable
Commercial Supplier
Agreement Terms.
190....................... General Services 3090-AJ75
Administration
Acquisition Regulation
(GSAR); GSAR 2016-G506,
Federal Supply Schedule,
Order-Level Materials.
------------------------------------------------------------------------
[[Page 27207]]
GENERAL SERVICES ADMINISTRATION (GSA)
Office of Acquisition Policy
Proposed Rule Stage
182. General Services Administration Acquisition Regulation (GSAR):
GSAR Case 2015-G506, Adoption of Construction Project Delivery Method
Involving Early Industry Engagement
E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: GSA is proposing to amend the General Services
Administration Acquisition Regulation (GSAR) to adopt an additional
project delivery method for construction, construction manager as
constructor (CMc). CMc is used in industry and allows for early
industry engagement on construction contracts that provide schedule
growth and administrative savings. The current FAR and GSAR lacks
detailed coverage differentiating various construction project delivery
methods. GSA's policies on CMc have been previously issued through
other means. By incorporating CMc into the GSAR and differentiating for
various construction methods, the GSAR will provide centralized
guidance to ensure consistent application of construction project
principles across the organization. Integrating these requirements into
the GSAR will also allow industry to provide public comments through
the rulemaking process.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/18
NPRM Comment Period End............. 01/00/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Tony Hubbard, Procurement Analyst, General Services
Administration, 1800 F Street NW, Washington, DC 20405, Phone: 202 357-
5810, Email: [email protected].
RIN: 3090-AJ64
183. General Services Acquisition Regulation (GSAR); GSAR Case 2016-
G511, Information and Information Systems Security
E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: GSA is proposing to update the General Services
Administration Acquisition Regulation (GSAR) to streamline and update
existing GSA cybersecurity requirements and integrate these
requirements within the GSAR. GSA unique policies on cybersecurity have
been previously issued through other means. By incorporating
cybersecurity requirements into the GSAR, the GSAR will provide
centralized guidance to ensure consistent application of cybersecurity
principles across the organization. Integrating these requirements into
the GSAR will also allow industry to provide public comments through
the rulemaking process.
The GSA cybersecurity requirements mandate contractors protect the
confidentiality, integrity, and availability of unclassified GSA
information and information systems from cybersecurity vulnerabilities,
and threats in accordance with the Federal Information Security
Modernization Act of 2014 and associated Federal cybersecurity
requirements. This rule will require contracting officers to
incorporate applicable GSA cybersecurity requirements within the
statement of work to ensure compliance with Federal cybersecurity
requirements and implement best practices for preventing cyber
incidents. These GSA requirements mandate applicable controls and
standards (e.g. U.S. National Institute of Standards and Technology,
U.S. National Archive and Records Administration Controlled
Unclassified Information standards).
Cybersecurity requirements for internal contractor systems,
external contractor systems, cloud systems, and mobile systems will be
covered by this rule. It will also update existing GSAR provision
552.239-70, Information Technology Security Plan and Security
Authorization and GSAR clause 552.239-71, Security Requirements for
Unclassified Information Technology Resources to only require the
provision and clause when the contract will involve information or
information systems connected to a GSA network.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/00/18
NPRM Comment Period End............. 10/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michelle Bohm, Contract Specialist, General
Services Administration, 100 S Independence Mall W Room: 9th Floor,
Philadelphia, PA 19106-2320, Phone: 215 446-4705, Email:
[email protected].
RIN: 3090-AJ84
184. General Services Administration Acquisition Regulation (GSAR);
GSAR Case 2016-G515, Cyber Incident Reporting
E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: GSA is proposing to amend the General Services
Administration Acquisition Regulation (GSAR) to provide requirements
for GSA contractors to report cyber incidents that could potentially
affect GSA or its customer agencies. The rule integrates the existing
cyber incident reporting policy within GSA Order CIO 9297.2C, GSA
Information Breach Notification Policy that did not previously go
through the rulemaking process into the GSAR. By incorporating cyber
incident reporting requirements into the GSAR, the GSAR will provide
centralized guidance to ensure consistent application of cybersecurity
principles across the organization. Integrating these requirements into
the GSAR will also allow industry to provide public comments through
the rulemaking process.
The rule outlines the roles and responsibilities of the GSA
contracting officer, contractors, and agencies ordering off of GSA's
contracts in the reporting of a cyber incident.
The rule establishes a contractor's responsibility to report any
cyber incident where the confidentiality, integrity, or availability of
GSA information or information systems are potentially compromised or
where the confidentiality, integrity, or availability of information or
information systems owned or managed by or on behalf of the U.S.
Government is potentially compromised. It establishes an explicit
timeframe for reporting cyber incidents, details the required elements
of a cyber incident report, and provides the required Government's
points of contact for submitting the cyber incident report.
The rule also outlines the additional contractor requirements that
may apply for any cyber incidents involving personally identifiable
information. In addition, the rule clarifies both GSA and ordering
agencies' authority to access contractor systems in the event of a
cyber incident. It also establishes the role of GSA in the cyber
incident reporting process and outlines how the primary response agency
for a cyber incident is determined. In addition, it establishes the
requirement for the contractor to preserve images of affected systems
and ensure contractor employees receive appropriate training for
reporting cyber incidents. The rule also outlines how contractor
attributional/proprietary information
[[Page 27208]]
provided as part of the cyber incident reporting process will be
protected and used.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/18
NPRM Comment Period End............. 12/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kevin Funk, Program Analyst, General Services
Administration, 1800 F Street NW, Washington, DC 20405, Phone: 202 357-
5805, Email: [email protected].
RIN: 3090-AJ85
GENERAL SERVICES ADMINISTRATION (GSA)
Office of Acquisition Policy
Final Rule Stage
185. GSAR CASE 2008-G517, Cooperative Purchasing--Acquisition of
Security and Law Enforcement Related Goods and Services (Schedule 84)
by State and Local Governments Through Federal Supply Schedules
E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c); 40 U.S.C. 502(c)(1)(B)
Abstract: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) to
implement Public Law 110-248, The Local Preparedness Acquisition Act.
The Act authorizes the Administrator of General Services to provide for
the use by State or local governments of Federal Supply Schedules of
the General Services Administration (GSA) for alarm and signal systems,
facility management systems, firefighting and rescue equipment, law
enforcement and security equipment, marine craft and related equipment,
special purpose clothing, and related services (as contained in Federal
supply classification code group 84 or any amended or subsequent
version of that Federal supply classification group).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 09/19/08 73 FR 54334
Interim Final Rule Comment Period 11/18/08
End.
Final Rule.......................... 08/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Christina Mullins, Procurement Analyst, General
Services Administration, 1800 F Street NW, Washington, DC 20405, Phone:
202 969-4966, Email: [email protected].
RIN: 3090-AI68
186. General Services Administration Acquisition Regulation (GSAR);
GSAR Case 2013-G502, Federal Supply Schedule Contract (Administration)
E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) to
clarify and update the contracting by negotiation GSAR section and
incorporate existing Federal Supply Schedule Contracting policies and
procedures, and corresponding provisions and clauses.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/10/14 79 FR 54126
NPRM Comment Period End............. 11/10/14 .......................
Final Rule.......................... 08/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dana L. Munson, Procurement Analyst, General
Services Administration, 1800 F Street NW, Washington, DC 20405, Phone:
202 357-9652, Email: [email protected].
RIN: 3090-AJ41
187. General Services Administration Acquisition Regulation (GSAR);
GSAR Case 2015-G503, Construction Contract Administration
E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: GSA is amending the General Services Administration
Acquisition Regulation (GSAR) to revise sections of GSAR part 536,
Construction and Architect-Engineer Contracts, and related parts, to
maintain consistency with the Federal Acquisition Regulation (FAR) and
to incorporate updated construction contract administration policies
and procedures.
The changes fall into five categories: (1) Incorporating existing
Agency policy previously issued through other means, (2) reorganizing
to better align with the FAR, (3) incorporating Agency unique clauses,
(4) incorporating supplemental material, and (5) editing for clarity.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/09/16 81 FR 62434
NPRM Comment Period End............. 11/08/16 .......................
Final Rule.......................... 08/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Tony Hubbard, Procurement Analyst, General Services
Administration, 1800 F Street NW, Washington, DC 20405, Phone: 202 357-
5810, Email: [email protected].
RIN: 3090-AJ63
GENERAL SERVICES ADMINISTRATION (GSA)
Completed Actions
188. General Services Administration Acquisition Regulation (GSAR);
GSAR Case 2014-G503, Contract Funding
E.O. 13771 Designation: Other.
Legal Authority: 40 U.S.C. 121(c)
Abstract: This RIN is being withdrawn as it is covered by FAR Case
2016-012, Incremental Funding of Fixed-Price Contracting Actions which
is currently in development.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 02/07/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: James Tsujimoto, Phone: 202 208-3585, Email:
[email protected].
RIN: 3090-AJ55
189. General Services Administration Acquisition Regulation (GSAR);
GSAR Case 2015-G512, Unenforceable Commercial Supplier Agreement Terms
E.O. 13771 Designation: Deregulatory.
Legal Authority: 40 U.S.C. 121(c)
Abstract: GSA amended the General Services Administration
Acquisition Regulation (GSAR) to address common commercial supplier
agreement terms that are inconsistent with or create ambiguity with
Federal Law.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 02/22/18 83 FR 7631
Final Rule Effective................ 02/22/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Janet Fry, Phone: 703 605-3167, Email:
[email protected].
RIN: 3090-AJ67
[[Page 27209]]
190. General Services Administration Acquisition Regulation (GSAR);
GSAR 2016-G506, Federal Supply Schedule, Order-Level Materials
E.O. 13771 Designation: Deregulatory.
Legal Authority: 40 U.S.C. 121(c)
Abstract: The General Services Administration (GSA) amended the
General Services Administration Acquisition Regulation (GSAR) to
clarify the authority to acquire order-level materials when placing an
individual task order or delivery order against a Federal Supply
Schedule (FSS) contract or FSS blanket purchase agreement (BPA). OLMs
are supplies and/or services acquired in direct support of an
individual task or delivery order placed against an FSS contract or
BPA, when the supplies and/or services are not known at the time of
contract or BPA award.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 01/24/18 83 FR 3275
Final Rule Effective................ 01/24/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Leah Price, Phone: 703 605-2558, Email:
[email protected].
RIN: 3090-AJ75
[FR Doc. 2018-11285 Filed 6-8-18; 8:45 am]
BILLING CODE 6820-34-P