General Services Administration Acquisition Regulation; Removing Duplicative Responsibility Determination Guidance, 56739-56740 [2018-24755]

Download as PDF 56739 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Rules and Regulations TABLE 2—EPA-APPROVED ARIZONA REGULATIONS—Continued State citation Title/subject * R18–2–715.02 ........ * * Standards of Performance for Existing Primary Copper Smelters; Fugitive Emissions. * * * State effective date EPA approval date Additional explanation * 5/7/2017 * 11/14/2018, [insert Federal Register citation]. * * Submitted by the Governor’s designee on April 6, 2017. * * * * Article 13 (State Implementation Plan Rules for Specific Locations) R18–2–B1301 ......... Limits on Lead Emissions from the Hayden Smelter. 7/1/2018 11/14/2018, [insert Federal Register citation]. Submitted by the Governor’s designee on April 6, 2017. * R18–2–C1302, excluding subsection (E)(6). * * Limits on SO2 Emissions from the Miami Smelter. * 12/14/2018 * 11/14/2018, [insert Federal Register citation]. Appendix 14 ............ Procedures for Sulfur Dioxide and Lead Fugitive Emissions Studies for the Hayden Smelter. 5/7/2017 11/14/2018, [insert Federal Register citation]. * * Submitted by the Governor’s designee on April 6, 2017. Subsection (E)(6) was withdrawn by the Arizona Department of Environmental Quality. Submitted by the Governor’s designee on April 6, 2017. * * * * * * * * BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 48 CFR Part 509 [GSAR Change 96; GSAR Case 2017–G503; Docket No. 2018–0012; Sequence No. 1] RIN 3090–AJ87 General Services Administration Acquisition Regulation; Removing Duplicative Responsibility Determination Guidance Office of Acquisition Policy, General Services Administration (GSA). ACTION: Direct final rule. AGENCY: GSA is amending the General Services Administration Acquisition Regulation (GSAR) to remove duplicative text already contained in the Federal Acquisition Regulation. DATES: Effective date: This rule is effective January 14, 2019 unless GSA receives adverse comments during the comment period. If GSA receives adverse comments, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. Comment date: Comments are due December 14, 2018 by any of the methods listed in the Addresses section of this rule. SUMMARY: 18:08 Nov 13, 2018 * Submit comments in response to GSAR Case 2017–G503 by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ‘‘GSAR Case 2017–G503’’. Select the link ‘‘Comment Now’’ that corresponds with ‘‘GSAR Case 2017– G503.’’ Follow the instructions provided on the screen. Please include your name, company name (if any), and ‘‘GSAR Case 2017–G503’’ on your attached document. • Mail: General Services Administration, Regulatory Secretariat Division (MVCB), ATTN: Lois Mandell, 1800 F Street NW, 2nd floor, Washington, DC 20405. Instructions: Please submit comments only and cite ‘‘GSAR Case 2017–G503’’ in all correspondence related to this case. All comments received will be posted without change to https:// www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Ms. Johnnie McDowell, Procurement Analyst, at 202–718–6112 or johnnie.mcdowell@gsa.gov, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory ADDRESSES: [FR Doc. 2018–24743 Filed 11–13–18; 8:45 am] VerDate Sep<11>2014 * Jkt 247001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 * * Secretariat Division at 202–501–4755. Please cite GSAR Case 2017–G503. SUPPLEMENTARY INFORMATION: I. Background FAR 1.304(b) states that agency regulations shall not ‘‘unnecessarily repeat, paraphrase, or otherwise restate material contained in the FAR.’’ Here, both GSAR 509.105–1(b) and FAR 9.105(b) provide guidance to obtaining information from Government sources for a responsibility determination of potential Government contractors. II. Discussion and Analysis Both GSAR 509.105–1(b) and FAR 9.105–1(b) pertain to how contracting officers obtain information regarding a contractor’s responsibility. GSAR 509.105–1(b) states ‘‘[t]he contracting officer may solicit and consider information from any appropriate activities[.]’’ FAR 9.105–1(b) states ‘‘[g]enerally, the contracting officer shall obtain information regarding the responsibility of prospective contractors, including requesting preaward surveys when necessary (see 9.106) promptly after bid opening or receipt of offers . . .’’ GSAR 509.105– 1(b) simply paraphrases FAR 9.105–1(b) as it restates that a contracting officer should obtain information regarding a contractor’s responsibility through ‘‘any appropriate activities’’ which is implied through FAR 9.105–1(b)’s language. Further, FAR 9.105 includes that standards and procedures for requesting and obtaining information sufficient to determine the responsibility of a E:\FR\FM\14NOR1.SGM 14NOR1 56740 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Rules and Regulations prospective contractor, i.e., that an offeror meets the standards at FAR 9.104. Therefore, GSAR 509.105–1(b) will be removed from the GSAR because it violates FAR 1.304(b) by unnecessarily paraphrasing FAR 9.105– 1(b). 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. PART 509—CONTRACTOR QUALIFICATIONS 1. The authority citation for part 509 continues to read as follows: ■ Authority: 40 U.S.C. 121(c). 2. Revise section 509.105–1 to read as follows: ■ 509.105–1 Obtaining information. FAR 9.105–1 lists a number of sources of information that a contracting officer may utilize before making a determination of responsibility. The contracting officer may request information directly from a prospective contractor using GSA Form 527, Contractor’s Qualifications and Financial Information, but only after exhausting other available sources of information. [FR Doc. 2018–24755 Filed 11–13–18; 8:45 am] BILLING CODE 6820–61–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration IV. Executive Order 13771 This final rule is not subject to E.O. 13771, because this rule is not a significant regulatory action under E.O. 12866. V. Regulatory Flexibility Act This rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because the rule merely removes unnecessarily duplicative regulatory language. The rule imposes no new reporting, recordkeeping, or other information collection requirements. Therefore, a Regulatory Flexibility Analysis has not been performed. VI. Paperwork Reduction Act This rule does not contain any information collection requirements that require the 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 Part 509 Government procurement. Dated: November 7, 2018. Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy, Office of Governmentwide Policy, General Services Administration. Therefore, GSA is amending 48 CFR part 509 as set forth below: VerDate Sep<11>2014 18:08 Nov 13, 2018 Jkt 247001 50 CFR Part 679 [Docket No. 170817779–8161–02] RIN 0648–XG591 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: NMFS is reallocating the projected unused amount of Pacific cod total allowable catch (TAC) from vessels using jig gear, trawl catcher vessels, and American Fisheries Act (AFA) catcher/ processors to catcher vessels less than 60 feet (18.3 m) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2018 TAC of Pacific cod to be harvested. DATES: Effective November 13, 2018, through 2400 hours, Alaska local time (A.l.t.), December 31, 2018. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands (BSAI) according to the Fishery Management Plan for Groundfish of the Bering Sea SUMMARY: PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2018 Pacific cod TAC specified for vessels using jig gear in the BSAI is 249 metric tons (mt) as established by the final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018) and reallocation (83 FR 42227, August 21, 2018). The 2018 Pacific cod TAC specified for trawl catcher vessels in the BSAI is 40,227 mt as established by the final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018). The 2018 Pacific cod TAC specified for AFA catcher/processors in the BSAI is 4,186 mt as established by the final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018). The 2018 Pacific cod TAC allocated to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 6,290 mt as established by final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018) and reallocation (83 FR 42227, August 21, 2018). The Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that jig vessels will not be able to harvest 100 mt of the 2018 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(1), the trawl catcher vessels will not be able to harvest 2,200 mt of the 2018 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(9), and the AFA catcher/processors will not be able to harvest 158 mt of the 2018 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(7). Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS apportions 100 mt of Pacific cod from the jig vessel apportionment, 2,200 mt of Pacific cod from the trawl catcher vessel apportionment, and 158 mt of Pacific cod from the AFA catcher/ processor apportionment to the annual amount specified for catcher vessels less than 60 feet (18.3 m) LOA using hookand-line or pot gear. The harvest specifications for Pacific cod included in final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018) and reallocations (83 FR 42227, August 21, 2018) are revised as follows: 149 mt to the annual amount for vessels using E:\FR\FM\14NOR1.SGM 14NOR1

Agencies

General Services Administration

[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Rules and Regulations]
[Pages 56739-56740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24755]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 509

[GSAR Change 96; GSAR Case 2017-G503; Docket No. 2018-0012; Sequence 
No. 1]
RIN 3090-AJ87


General Services Administration Acquisition Regulation; Removing 
Duplicative Responsibility Determination Guidance

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

ACTION: Direct final rule.

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

SUMMARY: GSA is amending the General Services Administration 
Acquisition Regulation (GSAR) to remove duplicative text already 
contained in the Federal Acquisition Regulation.

DATES: Effective date: This rule is effective January 14, 2019 unless 
GSA receives adverse comments during the comment period. If GSA 
receives adverse comments, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.
    Comment date: Comments are due December 14, 2018 by any of the 
methods listed in the Addresses section of this rule.

ADDRESSES: Submit comments in response to GSAR Case 2017-G503 by any of 
the following methods:
     Regulations.gov: https://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``GSAR 
Case 2017-G503''. Select the link ``Comment Now'' that corresponds with 
``GSAR Case 2017-G503.'' Follow the instructions provided on the 
screen. Please include your name, company name (if any), and ``GSAR 
Case 2017-G503'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), ATTN: Lois Mandell, 1800 F Street NW, 2nd 
floor, Washington, DC 20405.
    Instructions: Please submit comments only and cite ``GSAR Case 
2017-G503'' in all correspondence related to this case. All comments 
received will be posted without change to https://www.regulations.gov, 
including any personal and/or business confidential information 
provided. To confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission 
to verify posting (except allow 30 days for posting of comments 
submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Johnnie McDowell, Procurement 
Analyst, at 202-718-6112 or [email protected], for clarification 
of content. For information pertaining to status or publication 
schedules, contact the Regulatory Secretariat Division at 202-501-4755. 
Please cite GSAR Case 2017-G503.

SUPPLEMENTARY INFORMATION: 

I. Background

    FAR 1.304(b) states that agency regulations shall not 
``unnecessarily repeat, paraphrase, or otherwise restate material 
contained in the FAR.'' Here, both GSAR 509.105-1(b) and FAR 9.105(b) 
provide guidance to obtaining information from Government sources for a 
responsibility determination of potential Government contractors.

II. Discussion and Analysis

    Both GSAR 509.105-1(b) and FAR 9.105-1(b) pertain to how 
contracting officers obtain information regarding a contractor's 
responsibility. GSAR 509.105-1(b) states ``[t]he contracting officer 
may solicit and consider information from any appropriate 
activities[.]'' FAR 9.105-1(b) states ``[g]enerally, the contracting 
officer shall obtain information regarding the responsibility of 
prospective contractors, including requesting pre-award surveys when 
necessary (see 9.106) promptly after bid opening or receipt of offers . 
. .'' GSAR 509.105-1(b) simply paraphrases FAR 9.105-1(b) as it 
restates that a contracting officer should obtain information regarding 
a contractor's responsibility through ``any appropriate activities'' 
which is implied through FAR 9.105-1(b)'s language. Further, FAR 9.105 
includes that standards and procedures for requesting and obtaining 
information sufficient to determine the responsibility of a

[[Page 56740]]

prospective contractor, i.e., that an offeror meets the standards at 
FAR 9.104. Therefore, GSAR 509.105-1(b) will be removed from the GSAR 
because it violates FAR 1.304(b) by unnecessarily paraphrasing FAR 
9.105-1(b).

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. Executive Order 13771

    This final rule is not subject to E.O. 13771, because this rule is 
not a significant regulatory action under E.O. 12866.

V. Regulatory Flexibility Act

    This rule will not have a significant economic impact on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because the rule 
merely removes unnecessarily duplicative regulatory language. The rule 
imposes no new reporting, recordkeeping, or other information 
collection requirements. Therefore, a Regulatory Flexibility Analysis 
has not been performed.

VI. Paperwork Reduction Act

    This rule does not contain any information collection requirements 
that require the 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 Part 509

    Government procurement.

    Dated: November 7, 2018.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy, General Services Administration.

    Therefore, GSA is amending 48 CFR part 509 as set forth below:

PART 509--CONTRACTOR QUALIFICATIONS

0
1. The authority citation for part 509 continues to read as follows:

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


0
2. Revise section 509.105-1 to read as follows:


509.105-1   Obtaining information.

    FAR 9.105-1 lists a number of sources of information that a 
contracting officer may utilize before making a determination of 
responsibility. The contracting officer may request information 
directly from a prospective contractor using GSA Form 527, Contractor's 
Qualifications and Financial Information, but only after exhausting 
other available sources of information.

[FR Doc. 2018-24755 Filed 11-13-18; 8:45 am]
 BILLING CODE 6820-61-P

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