General Services Administration Acquisition Regulation (GSAR); Submission and Distribution of Federal Supply Schedule (FSS) Price Lists, 1127-1128 [2019-28016]
Download as PDF
Federal Register / Vol. 85, No. 6 / Thursday, January 9, 2020 / Rules and Regulations
[GSAR Case 2016–G502; Docket No. GSAR–
2019–0019; Sequence No. 1]
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘GSAR Case 2016–G502.’’
Select the link ‘‘Submit a Comment’’
that corresponds with ‘‘GSAR Case
2016–G502.’’ Follow the instructions
provided at the ‘‘Submit a Comment’’
screen. Please include your name,
company name (if any), and ‘‘GSAR
Case 2016–G502’’ on your attached
document. To confirm receipt of your
comment(s), please check
www.regulations.gov, approximately
two to three days after submission to
verify posting (except allow 30 days for
posting of comments submitted by
mail).
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Ms. Mandell/GSAR
2016–G502, 1800 F Street NW, 2nd
Floor, Washington, DC 20405.
Instructions: Please submit comments
only and cite GSAR Case 2016–G502, 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.
FOR FURTHER INFORMATION CONTACT: Ms.
Dana Bowman, Procurement Analyst, at
gsarpolicy@gsa.gov, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite GSAR Case 2016–
G502.
RIN 3090–AK14
SUPPLEMENTARY INFORMATION:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64
continues to read as follows:
■
Authority: 47 U.S.C. 154, 201, 202, 217,
218, 220, 222, 225, 226, 227, 228, 251(a),
251(e), 254(k), 262, 403(b)(2)(B), (c), 616, 620,
and 1401–1473, unless otherwise noted.
2. Amend § 64.601 by revising
paragraph (a)(39) to read as follows:
■
§ 64.601 Definitions and provisions of
general applicability.
(a) * * *
(39) Telecommunications relay
services (TRS). Telephone transmission
services that provide the ability for an
individual who is deaf, hard of hearing,
deaf-blind, or who has a speech
disability to engage in communication
by wire or radio with one or more
individuals, in a manner that is
functionally equivalent to the ability of
a hearing individual who does not have
a speech disability to communicate
using voice communication services by
wire or radio.
*
*
*
*
*
[FR Doc. 2019–28445 Filed 1–8–20; 8:45 am]
BILLING CODE 6712–01–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Part 552
General Services Administration
Acquisition Regulation (GSAR);
Submission and Distribution of Federal
Supply Schedule (FSS) Price Lists
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Direct final rule with request for
comments.
AGENCY:
This direct final rule amends
the General Services Administration
Acquisition Regulation (GSAR) to
update GSAR clauses applicable to the
submission and distribution of Federal
Supply Schedule (FSS) Price Lists.
DATES: Effective Date: This final rule is
effective on March 9, 2020 without
further notice unless adverse comments
are received by February 10, 2020. 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.
ADDRESSES: Submit comments in
response to GSAR Case 2016–G502 by
any one of the following methods:
lotter on DSKBCFDHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:49 Jan 08, 2020
Jkt 250001
I. Background
GSA is amending the General Services
Administration Acquisition Regulation
(GSAR) at part 552, Solicitation
Provisions and Contract Clauses, to
update and bring current practices for
submitting and distributing FSS Price
Lists. Specifically, GSA is amending
clauses 552.238–77, Submission and
Distribution of Authorized Federal
Supply Schedule (FSS) Price Lists, and
552.23–82, Modifications (Federal
Supply Schedules).
Currently, regulations reference
submission of paper copies of the
Authorized FSS Price List for approval
by the contracting officer, and
distribution of paper copies to a
designated mailing list. This is no
longer in line with current practices.
Under this rule, the contractor will
submit its FSS price list on a commonuse electronic medium as prescribed by
GSA. Eligible ordering activities will
utilize GSA’s online shopping and
ordering system to review a contractors’
price lists.
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
1127
Updating regulations applicable to the
submission and distribution of FSS
price lists as described under the rule
has many benefits, which include:
The elimination of duplicative
requirements related to the submission
of paper price lists;
The elimination of requirements to
distribute paper price lists to a customer
mailing list; and
Streamlined requirements for price
lists that are consistent with current
practices and can accommodate the
continued modernization of the FSS
Program.
II. Authority for This Rulemaking
Title 41 United States Code (U.S.C.)
152(3) authorizes GSA to establish
procedures for the FSS Program. GSA’s
FSS procedures are deemed to meet the
Competition in Contracting Act (CICA)
requirement of full and open
competition as long as participation has
been open to all responsible sources;
and orders and contracts under those
procedures result in the lowest overall
cost alternative to meet the needs of the
Federal Government.
This is also consistent with the
Federal Acquisition System and its
principle to minimize administrative
operating costs (Federal Acquisition
Regulation (FAR) 1.102(b)(2)). The
Federal Acquisition System is designed
to deliver the best value product or
service to the customer in terms of cost,
quality, and timeliness.
By eliminating duplication and
streamlining the requirements for price
lists, GSA is making it easier to do
business with the Government.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
Executive Order 12866, Regulatory
Planning and Review, dated September
30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Executive Order 13771
This final rule is not subject to E.O.
13771, because this rule is not a
E:\FR\FM\09JAR1.SGM
09JAR1
1128
Federal Register / Vol. 85, No. 6 / Thursday, January 9, 2020 / Rules and Regulations
significant regulatory action under E.O.
12866.
V. Regulatory Flexibility Act
The General Services Administration
does not expect this rule to 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.
Though, the elimination of regulations
applicable to the submission and
distribution of FSS price lists will yield
positive benefits for small businesses.
Therefore, a Regulatory Flexibility
Analysis has not been performed. GSA
invites comments from small business
concerns and other interested parties on
the expected impact of this rule on
small entities.
GSA will also consider comments
from small entities concerning the
existing regulations in subparts affected
by the rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (GSAR Case 2016–G502), in
correspondence.
lotter on DSKBCFDHB2PROD with RULES
VI. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. Chapter 35) does apply because
the direct final rule impacts two clauses
VerDate Sep<11>2014
15:49 Jan 08, 2020
Jkt 250001
with information collection
requirements. However, these clause
revisions do not impose additional
information collection requirements to
the burden previously approved under
existing OMB Control Number 3090–
0302.
List of Subjects in 48 CFR Part 552
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, GSA amends 48 CFR part
552 as set forth below:
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
part 552 continues to read as follows:
■
Authority: 40 U.S.C. 121(c).
2. Revise section 552.238–77 to read
as follows:
■
552.238–77 Submission and Distribution
of Authorized Federal Supply Schedule
Price Lists.
Submission and Distribution of Authorized
Federal Supply Schedule Price Lists (FEB
2020)
(a) The Contractor shall submit its
Authorized Federal Supply Schedule Price
List on a common-use electronic medium as
prescribed by GSA. Some structured data
entry in a prescribed format may be required.
(b) Eligible ordering activities will utilize
GSA’s online shopping and ordering system
to review a Contractors’ price lists.
End of Clause
552.238–82
3. Amend section 552.238–82 by—
■ a. Removing from paragraph (b)(3)
‘‘Contractor shall submit’’ and adding
‘‘Contractor shall transmit’’ in its place
(twice), respectively;
■ b. In Alternate I:
■ i. Removing from the introductory text
‘‘paragraph (f)’’ and adding ‘‘paragraph
(e)’’ in its place; and
■ ii. Redesignating paragraph (f) as
paragraph (e).
■
[FR Doc. 2019–28016 Filed 1–8–20; 8:45 am]
BILLING CODE 6820–61–P
As prescribed in 538.273(d)(1), insert
the following clause:
PO 00000
Frm 00046
Fmt 4700
Sfmt 9990
[Amended]
E:\FR\FM\09JAR1.SGM
09JAR1
Agencies
[Federal Register Volume 85, Number 6 (Thursday, January 9, 2020)]
[Rules and Regulations]
[Pages 1127-1128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28016]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Part 552
[GSAR Case 2016-G502; Docket No. GSAR-2019-0019; Sequence No. 1]
RIN 3090-AK14
General Services Administration Acquisition Regulation (GSAR);
Submission and Distribution of Federal Supply Schedule (FSS) Price
Lists
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Direct final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This direct final rule amends the General Services
Administration Acquisition Regulation (GSAR) to update GSAR clauses
applicable to the submission and distribution of Federal Supply
Schedule (FSS) Price Lists.
DATES: Effective Date: This final rule is effective on March 9, 2020
without further notice unless adverse comments are received by February
10, 2020. 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.
ADDRESSES: Submit comments in response to GSAR Case 2016-G502 by any
one of the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``GSAR
Case 2016-G502.'' Select the link ``Submit a Comment'' that corresponds
with ``GSAR Case 2016-G502.'' Follow the instructions provided at the
``Submit a Comment'' screen. Please include your name, company name (if
any), and ``GSAR Case 2016-G502'' on your attached document. To confirm
receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Ms. Mandell/GSAR 2016-G502, 1800 F Street NW,
2nd Floor, Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR Case 2016-
G502, 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.
FOR FURTHER INFORMATION CONTACT: Ms. Dana Bowman, Procurement Analyst,
at [email protected], for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite GSAR Case 2016-G502.
SUPPLEMENTARY INFORMATION:
I. Background
GSA is amending the General Services Administration Acquisition
Regulation (GSAR) at part 552, Solicitation Provisions and Contract
Clauses, to update and bring current practices for submitting and
distributing FSS Price Lists. Specifically, GSA is amending clauses
552.238-77, Submission and Distribution of Authorized Federal Supply
Schedule (FSS) Price Lists, and 552.23-82, Modifications (Federal
Supply Schedules).
Currently, regulations reference submission of paper copies of the
Authorized FSS Price List for approval by the contracting officer, and
distribution of paper copies to a designated mailing list. This is no
longer in line with current practices.
Under this rule, the contractor will submit its FSS price list on a
common-use electronic medium as prescribed by GSA. Eligible ordering
activities will utilize GSA's online shopping and ordering system to
review a contractors' price lists.
Updating regulations applicable to the submission and distribution
of FSS price lists as described under the rule has many benefits, which
include:
The elimination of duplicative requirements related to the
submission of paper price lists;
The elimination of requirements to distribute paper price lists to
a customer mailing list; and
Streamlined requirements for price lists that are consistent with
current practices and can accommodate the continued modernization of
the FSS Program.
II. Authority for This Rulemaking
Title 41 United States Code (U.S.C.) 152(3) authorizes GSA to
establish procedures for the FSS Program. GSA's FSS procedures are
deemed to meet the Competition in Contracting Act (CICA) requirement of
full and open competition as long as participation has been open to all
responsible sources; and orders and contracts under those procedures
result in the lowest overall cost alternative to meet the needs of the
Federal Government.
This is also consistent with the Federal Acquisition System and its
principle to minimize administrative operating costs (Federal
Acquisition Regulation (FAR) 1.102(b)(2)). The Federal Acquisition
System is designed to deliver the best value product or service to the
customer in terms of cost, quality, and timeliness.
By eliminating duplication and streamlining the requirements for
price lists, GSA is making it easier to do business with the
Government.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
IV. Executive Order 13771
This final rule is not subject to E.O. 13771, because this rule is
not a
[[Page 1128]]
significant regulatory action under E.O. 12866.
V. Regulatory Flexibility Act
The General Services Administration does not expect this rule to
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. Though, the elimination of regulations applicable to the
submission and distribution of FSS price lists will yield positive
benefits for small businesses.
Therefore, a Regulatory Flexibility Analysis has not been
performed. GSA invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
GSA will also consider comments from small entities concerning the
existing regulations in subparts affected by the rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (GSAR Case 2016-G502), in
correspondence.
VI. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. Chapter 35) does apply
because the direct final rule impacts two clauses with information
collection requirements. However, these clause revisions do not impose
additional information collection requirements to the burden previously
approved under existing OMB Control Number 3090-0302.
List of Subjects in 48 CFR Part 552
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy.
Therefore, GSA amends 48 CFR part 552 as set forth below:
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
0
2. Revise section 552.238-77 to read as follows:
552.238-77 Submission and Distribution of Authorized Federal Supply
Schedule Price Lists.
As prescribed in 538.273(d)(1), insert the following clause:
Submission and Distribution of Authorized Federal Supply Schedule Price
Lists (FEB 2020)
(a) The Contractor shall submit its Authorized Federal Supply
Schedule Price List on a common-use electronic medium as prescribed
by GSA. Some structured data entry in a prescribed format may be
required.
(b) Eligible ordering activities will utilize GSA's online
shopping and ordering system to review a Contractors' price lists.
End of Clause
552.238-82 [Amended]
0
3. Amend section 552.238-82 by--
0
a. Removing from paragraph (b)(3) ``Contractor shall submit'' and
adding ``Contractor shall transmit'' in its place (twice),
respectively;
0
b. In Alternate I:
0
i. Removing from the introductory text ``paragraph (f)'' and adding
``paragraph (e)'' in its place; and
0
ii. Redesignating paragraph (f) as paragraph (e).
[FR Doc. 2019-28016 Filed 1-8-20; 8:45 am]
BILLING CODE 6820-61-P