General Services Administration Acquisition Regulation; Remove Office of General Counsel Review for Final Payments, 61871-61872 [2020-18597]

Download as PDF Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Rules and Regulations [FR Doc. 2020–21178 Filed 9–30–20; 8:45 am] BILLING CODE 6712–01–C FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 18–126; RM–11800; FCC 20–114; FRS 17043] Television Broadcasting Services; Stamford, Connecticut Federal Communications Commission. ACTION: Final rule; application for review. AGENCY: This document denies an Application for Review filed by PMCM TV, LLC (PMCM) of the Media Bureau’s grant of a rulemaking petition filed by Connecticut Public Broadcasting, Inc. (CPBI), licensee of noncommercial educational television station WEDW, Bridgeport, Connecticut, to change WEDW’s community of license from Bridgeport to Stamford, Connecticut. The document finds that the Bureau’s reallotment was proper. DATES: Effective October 1, 2020. FOR FURTHER INFORMATION CONTACT: Jeremy Miller, Jeremy.Miller@fcc.gov, Media Bureau, (202) 418–1507. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Memorandum Opinion and Order, MB Docket No. 18–126, adopted August 11, 2020 and released August 11, 2020. The full text of this document is available for download at https://www.fcc.gov/edocs. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@ fcc.gov or call the Consumer & Governmental Affairs Bureau at 202– 418–0530 (voice), 202–418–0432 (tty). jbell on DSKJLSW7X2PROD with RULES SUMMARY: Synopsis In the Report and Order in this proceeding, the Bureau granted CPBI’s request to change its community of license over the objection of PMCM. See 84 FR 16413–01 (April 19, 2019). The document rejects all of PMCM’s challenges to this grant. First, the Commission disagrees with PMCM’s argument that while the Commission partially lifted a freeze on community of license changes for petitions that do not require a change in the station’s technical facilities, CPBI’s rulemaking petition was not eligible because CPBI subsequently sought to relocate WEDW’s technical facilities from Bridgeport to Stamford after filing the Petition. The Commission finds that VerDate Sep<11>2014 21:58 Sep 30, 2020 Jkt 253001 consistent with these requirements of the partially lifted freeze, CPBI’s petition did not request a change in WEDW’s authorized technical facilities nor was such a change required to comply with the Commission’s community coverage requirements. In particular, the Commission finds that the later-filed request to move transmission facilities to Stamford is a separate matter from CPBI’s community of license petition and disagree with PMCM that the modification application is integral to consideration of the Petition. The document also finds that the Application for Review was an impermissible collateral attack on CPBI’s separate application to move its transmission facilities to Stamford, which had been final for over a year and not pending before the Commission. In addition, the Commission also denies PMCM’s argument that grant of this community of license change would effectively relocate WEDW to New York City. The petition for rulemaking did not propose to move the authorized technical facilities from its site near Bridgeport and, thus, CPBI did not propose a change to WEDW’s service area as part of this rulemaking. This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980, see 5 U.S.C. 601–612, do not apply to this proceeding. This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this Memorandum Opinion and Order to GAO, pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because the Application for Review was denied.) Federal Communications Commission Marlene Dortch, Secretary. [FR Doc. 2020–19545 Filed 9–30–20; 8:45 am] BILLING CODE 6712–01–P PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 61871 GENERAL SERVICES ADMINISTRATION 48 CFR Part 532 [GSAR Case 2020–G521 Docket No. 2020– 0017; Sequence No. 1] RIN 3090–AK25 General Services Administration Acquisition Regulation; Remove Office of General Counsel Review for Final Payments Office of Acquisition Policy, General Services Administration (GSA). ACTION: Direct final rule with request for comments. AGENCY: The General Services Administration (GSA) is issuing a final rule amending the General Services Administration Acquisition Regulation (GSAR) to revise internal agency approval procedures for processing a final payment for construction and building service contracts where, after 60 days, a contracting officer is unable to obtain a release of claims from a contractor. SUMMARY: This final rule is effective on November 30, 2020 without further notice unless adverse comments are received by November 2, 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 2020–G521 via the Federal eRulemaking portal at Regulations.gov by searching for ‘‘GSAR Case 2020–G521’’. Select the link ‘‘Comment Now’’ that corresponds with GSAR Case 2020–G521. Follow the instructions provided at the ‘‘Comment Now’’ screen. Please include your name, company name (if any), and ‘‘GSAR Case 2020–G521’’ on your attached document. Instructions: Please submit comments only and cite GSAR Case 2020–G521 in all correspondence related to this case. Comments received generally 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. FOR FURTHER INFORMATION CONTACT: Mr. Alexander Beyrent, GSA Acquisition Policy Division, at gsarpolicy@gsa.gov, for clarification of content. For information pertaining to status or publication schedules, contact the DATES: E:\FR\FM\01OCR1.SGM 01OCR1 61872 Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Rules and Regulations Regulatory Secretariat at 202–501–4755. Please cite GSAR Case 2020–G521. SUPPLEMENTARY INFORMATION: I. Background As part of GSA’s regulatory reform efforts, GSA determined that GSAR 532.905–70 should no longer require contracting officers to obtain approval of legal counsel before processing final payments for construction and building service contracts where, after 60 days, the contracting officers are unable to obtain releases of claims from contractors. Legal review is not a statutory requirement, and the decision to process final payments in such cases is a business decision, rather than a legal one. II. Authority for This Rulemaking Title 40 of the United States Code (U.S.C.) Section 121 authorizes GSA to issue regulations, including the GSAR, to control the relationship between GSA and contractors. jbell on DSKJLSW7X2PROD with RULES III. Discussion and Analysis Prior to the issuance of this rule, GSA guidance on final payments for construction and building service contracts provided that, ‘‘in cases where, after 60 days from the initial attempt, the contracting officer is unable to obtain a release of claims from the contractor, the final payment may be processed with the approval of assigned legal counsel.’’ GSA is proposing to amend GSAR 532.905–70(c) by removing the legal approval requirement because this is a business decision to be made by the contracting officer, not a legal decision. Therefore, upon implementation of this rule, a contracting officer may instead process a final payment in such a situation after documenting in the contract file: (i) That the contracting officer requested a release of claims from the contractor and did not receive a response within 60 calendar days; and (ii) approval to process the final payment from one level above the contracting officer. IV. 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 VerDate Sep<11>2014 21:58 Sep 30, 2020 Jkt 253001 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. (ii) Approval to process the final payment from one level above the contracting officer. [FR Doc. 2020–18597 Filed 9–30–20; 8:45 am] BILLING CODE 6820–61–P V. Executive Order 13771 This final rule was not subject to E.O. 13771 because this rule is not a significant regulatory action under E.O. 12886. DEPARTMENT OF VETERANS AFFAIRS 48 CFR Part 852 Solicitation Provisions and Contract Clauses VI. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant GSAR revision. VII. Paperwork Reduction Act CFR Correction In Title 48 of the Code of Federal Regulations, Chapters 7 to 14, revised as of October 1, 2019, on page 272, remove the second printing of section 852.232– 70, and on page 278, remove the second printing of section 852.236–72. ■ The final 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). [FR Doc. 2020–21868 Filed 9–30–20; 8:45 am] List of Subjects in 48 CFR Part 532 DEPARTMENT OF COMMERCE Government procurement. Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy, Office of Governmentwide Policy, General Services Administration. Therefore, GSA amends 48 CFR part 532 as set forth below: PART 532—CONTRACT FINANCING 1. The authority citation for 48 CFR part 532 continues to read as follows: ■ Authority: 40 U.S.C. 121(c). 2. Amend section 532.905–70 by: a. Removing from paragraph (a) ‘‘amount due the Contractor’’ and adding ‘‘amount due to the contractor’’ in its place; ■ b. Revising paragraph (b); and ■ c. Removing paragraphs (c) and (d). The revision reads as follows: ■ ■ 532.905–70 Final payment—construction and building service contracts. * * * * * (b) A contracting officer may only process the final payment for a construction or building service contract once: (1) The contractor submits a properly executed GSA Form 1142, Release of Claims; or (2) The contracting officer documents in the contract file: (i) That the contracting officer requested a release of claims from the contractor and did not receive a response within 60 calendar days; and, PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 BILLING CODE 1301–00–D National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 200910–0237] RTID 0648–XT037 Atlantic Highly Migratory Species; Adjustments to 2020 Northern Albacore Tuna Quota, 2020 North and South Atlantic Swordfish Quotas, and 2020 Atlantic Bluefin Tuna Reserve Category Quota National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary final rule. AGENCY: NMFS adjusts the 2020 baseline quotas for U.S. North Atlantic albacore tuna (northern albacore), North and South Atlantic swordfish, and the Atlantic bluefin Reserve category based on available underharvest of the 2019 adjusted U.S. quotas. This action is necessary to implement binding recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: Effective October 1, 2020, through December 31, 2020. SUMMARY: E:\FR\FM\01OCR1.SGM 01OCR1

Agencies

General Services Administration

[Federal Register Volume 85, Number 191 (Thursday, October 1, 2020)]
[Rules and Regulations]
[Pages 61871-61872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18597]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 532

[GSAR Case 2020-G521 Docket No. 2020-0017; Sequence No. 1]
RIN 3090-AK25


General Services Administration Acquisition Regulation; Remove 
Office of General Counsel Review for Final Payments

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

ACTION: Direct final rule with request for comments.

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

SUMMARY: The General Services Administration (GSA) is issuing a final 
rule amending the General Services Administration Acquisition 
Regulation (GSAR) to revise internal agency approval procedures for 
processing a final payment for construction and building service 
contracts where, after 60 days, a contracting officer is unable to 
obtain a release of claims from a contractor.

DATES: This final rule is effective on November 30, 2020 without 
further notice unless adverse comments are received by November 2, 
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 2020-G521 via the 
Federal eRulemaking portal at Regulations.gov by searching for ``GSAR 
Case 2020-G521''. Select the link ``Comment Now'' that corresponds with 
GSAR Case 2020-G521. Follow the instructions provided at the ``Comment 
Now'' screen. Please include your name, company name (if any), and 
``GSAR Case 2020-G521'' on your attached document.
    Instructions: Please submit comments only and cite GSAR Case 2020-
G521 in all correspondence related to this case. Comments received 
generally 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.

FOR FURTHER INFORMATION CONTACT: Mr. Alexander Beyrent, GSA Acquisition 
Policy Division, at [email protected], for clarification of content. 
For information pertaining to status or publication schedules, contact 
the

[[Page 61872]]

Regulatory Secretariat at 202-501-4755. Please cite GSAR Case 2020-
G521.

SUPPLEMENTARY INFORMATION:

I. Background

    As part of GSA's regulatory reform efforts, GSA determined that 
GSAR 532.905-70 should no longer require contracting officers to obtain 
approval of legal counsel before processing final payments for 
construction and building service contracts where, after 60 days, the 
contracting officers are unable to obtain releases of claims from 
contractors. Legal review is not a statutory requirement, and the 
decision to process final payments in such cases is a business 
decision, rather than a legal one.

II. Authority for This Rulemaking

    Title 40 of the United States Code (U.S.C.) Section 121 authorizes 
GSA to issue regulations, including the GSAR, to control the 
relationship between GSA and contractors.

III. Discussion and Analysis

    Prior to the issuance of this rule, GSA guidance on final payments 
for construction and building service contracts provided that, ``in 
cases where, after 60 days from the initial attempt, the contracting 
officer is unable to obtain a release of claims from the contractor, 
the final payment may be processed with the approval of assigned legal 
counsel.'' GSA is proposing to amend GSAR 532.905-70(c) by removing the 
legal approval requirement because this is a business decision to be 
made by the contracting officer, not a legal decision. Therefore, upon 
implementation of this rule, a contracting officer may instead process 
a final payment in such a situation after documenting in the contract 
file: (i) That the contracting officer requested a release of claims 
from the contractor and did not receive a response within 60 calendar 
days; and (ii) approval to process the final payment from one level 
above the contracting officer.

IV. 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.

V. Executive Order 13771

    This final rule was not subject to E.O. 13771 because this rule is 
not a significant regulatory action under E.O. 12886.

VI. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant GSAR revision.

VII. Paperwork Reduction Act

    The final 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 532

    Government procurement.

Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Governmentwide Policy, General Services Administration.

    Therefore, GSA amends 48 CFR part 532 as set forth below:

PART 532--CONTRACT FINANCING

0
1. The authority citation for 48 CFR part 532 continues to read as 
follows:

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


0
2. Amend section 532.905-70 by:
0
a. Removing from paragraph (a) ``amount due the Contractor'' and adding 
``amount due to the contractor'' in its place;
0
b. Revising paragraph (b); and
0
c. Removing paragraphs (c) and (d).
    The revision reads as follows:


532.905-70   Final payment--construction and building service 
contracts.

* * * * *
    (b) A contracting officer may only process the final payment for a 
construction or building service contract once:
    (1) The contractor submits a properly executed GSA Form 1142, 
Release of Claims; or
    (2) The contracting officer documents in the contract file:
    (i) That the contracting officer requested a release of claims from 
the contractor and did not receive a response within 60 calendar days; 
and,
    (ii) Approval to process the final payment from one level above the 
contracting officer.

[FR Doc. 2020-18597 Filed 9-30-20; 8:45 am]
BILLING CODE 6820-61-P

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