General Services Administration Acquisition Regulation; Remove Erroneous Guidance on Illustration of Forms, 21665-21666 [2021-08024]

Download as PDF Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Rules and Regulations 48 CFR Parts 504, 509, and 570 [GSAR Case 2020–G538; Docket No. 2021– 0009; Sequence No. 1] RIN 3090–AK33 General Services Administration Acquisition Regulation; Remove Erroneous Guidance on Illustration of Forms Office of Acquisition Policy, General Services Administration (GSA). ACTION: Direct final rule. AGENCY: The General Services Administration (GSA) is issuing a direct final rule amending the General Services Administration Acquisition Regulation (GSAR) to redesignate the terminology for unique identification of entities receiving GSA awards. The change to the GSAR eliminates references to the proprietary Data Universal Numbering System (DUNS®) number and conforms to similar changes in the Federal Acquisition Regulation (FAR). DATES: This direct final rule is effective on June 22, 2021 without further notice unless adverse comments are received by May 24, 2021. 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–G538 to: Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ‘‘GSAR Case 2020–G538’’. Select the link ‘‘Comment Now’’ that corresponds with GSAR Case 2020– G538. Follow the instructions provided at the ‘‘Comment Now’’ screen. Please include your name, company name (if any), and ‘‘GSAR Case 2020–G538’’ on your attached document. If your comment cannot be submitted using https://www.regulations.gov, call or email the points of contact in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Instructions: Please submit comments only and cite GSAR Case 2020–G538 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. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:04 Apr 22, 2021 Mr. Bryon Boyer, Procurement Analyst, at 817–850–5580 or email 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 2020–G538. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: GENERAL SERVICES ADMINISTRATION Jkt 253001 I. Background GSA is publishing this direct final rule in order to update GSAR references to ‘‘DUNS®’’ (Data Universal Numbering System) to reflect ‘‘UEI’’ (unique entity identifier). The Federal Government removed references to the proprietary Data Universal Numbering System (DUNS®) number. Federal Acquisition Regulation (FAR) Case 2015–022, changed DUNS® references to UEI in the FAR in 81 FR 67736, effective October 31, 2016. This rule’s changes to the GSAR are necessary to reconcile to the changes in the FAR. This rule also corrects a technical drafting error in the electronic Code of Federal Regulations (eCFR). The changes to the FAR changed certain references to DUNS® in GSAR parts 504, 509, and 570. 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 of the Rule GSA is amending the GSAR parts 504, 509, 570 to remove references to the proprietary Data Universal Numbering System (DUNS®) number and replace them with references to ‘‘unique entity identifier’’ (UEI). This change will reconcile the GSA supplement to the FAR, which was previously changed to change the references from DUNS® to UEI effective October 31, 2016. This rule harmonizes the language of the GSAR supplement to the FAR. IV. Executive Order 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 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 21665 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. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a ‘‘major rule’’ may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register. This rule has been reviewed and determined by OMB not to be a ‘‘major rule’’ under 5 U.S.C. 804(2). VI. Regulatory Flexibility Act The Regulation Flexibility Act does not apply to this rule, because this direct final rule does not constitute a significant GSAR revision, and 41 U.S.C. 1707 does not require publication for public comment. VII. Paperwork Reduction Act The direct 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 Parts 504, 509, and 570 Government procurement. Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy, Office of Governmentwide Policy, General Services Administration. Therefore, GSA amends 48 CFR parts 504, 509, and 570 as set forth below: 1. The authority citation for 48 CFR parts 504, 509, and 570 continues to read as follows: ■ Authority: 40 U.S.C. 121(c). PART 504—ADMINISTRATIVE MATTERS § 504.1103 [Amended] 2. Amend section 504.1103 by— a. Removing from paragraph (a) ‘‘andunique’’ and adding ‘‘and unique’’ in its place; and ■ b. Removing from paragraph (b) ‘‘DUNS or DUNS+4 number’’ and adding ‘‘unique entity identifier’’ in its place. ■ ■ E:\FR\FM\23APR1.SGM 23APR1 21666 Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Rules and Regulations PART 570—ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY PART 509—CONTRACTOR QUALIFICATIONS § 509.406–3 [Amended] 3. Amend section 509.406–3 by removing from paragraph (b)(2) ‘‘DUNS Numbers’’ and adding ‘‘unique entity identifiers’’ in its place. ■ § 570.701 * * FAR provisions and clauses. * * 4. Amend section 570.701 by revising and republishing paragraph (a) to read as follows: ■ If . . . Then include . . . (a) the estimated value of the acquisition exceeds the micro-purchase threshold identified in FAR 2.101. 52.204–3 Taxpayer Identification. 52.204–6 Unique Entity Identifier. 52.204–7 System for Award Management. 52.219–1 Small Business Program Representations. 52.219–28 Post-Award Small Business Program Rerepresentation (use if lease term exceeds five years). 52.232–23 Assignment of Claims. 52.232–33 Payment by Electronic Funds Transfer—System for Award Management. 52.233–1 Disputes. * * * * * * [FR Doc. 2021–08024 Filed 4–22–21; 8:45 am] BILLING CODE 6820–61–P khammond on DSKJM1Z7X2PROD with RULES * VerDate Sep<11>2014 16:04 Apr 22, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 E:\FR\FM\23APR1.SGM 23APR1 *

Agencies

[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Rules and Regulations]
[Pages 21665-21666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08024]



[[Page 21665]]

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

GENERAL SERVICES ADMINISTRATION

48 CFR Parts 504, 509, and 570

[GSAR Case 2020-G538; Docket No. 2021-0009; Sequence No. 1]
RIN 3090-AK33


General Services Administration Acquisition Regulation; Remove 
Erroneous Guidance on Illustration of Forms

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

ACTION: Direct final rule.

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

SUMMARY: The General Services Administration (GSA) is issuing a direct 
final rule amending the General Services Administration Acquisition 
Regulation (GSAR) to redesignate the terminology for unique 
identification of entities receiving GSA awards. The change to the GSAR 
eliminates references to the proprietary Data Universal Numbering 
System (DUNS[supreg]) number and conforms to similar changes in the 
Federal Acquisition Regulation (FAR).

DATES: This direct final rule is effective on June 22, 2021 without 
further notice unless adverse comments are received by May 24, 2021. 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-G538 to: 
Regulations.gov: https://www.regulations.gov. Submit comments via the 
Federal eRulemaking portal by searching for ``GSAR Case 2020-G538''. 
Select the link ``Comment Now'' that corresponds with GSAR Case 2020-
G538. Follow the instructions provided at the ``Comment Now'' screen. 
Please include your name, company name (if any), and ``GSAR Case 2020-
G538'' on your attached document. If your comment cannot be submitted 
using https://www.regulations.gov, call or email the points of contact 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    Instructions: Please submit comments only and cite GSAR Case 2020-
G538 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. Bryon Boyer, Procurement Analyst, 
at 817-850-5580 or email 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 2020-G538.

SUPPLEMENTARY INFORMATION:

I. Background

    GSA is publishing this direct final rule in order to update GSAR 
references to ``DUNS[supreg]'' (Data Universal Numbering System) to 
reflect ``UEI'' (unique entity identifier). The Federal Government 
removed references to the proprietary Data Universal Numbering System 
(DUNS[supreg]) number. Federal Acquisition Regulation (FAR) Case 2015-
022, changed DUNS[supreg] references to UEI in the FAR in 81 FR 67736, 
effective October 31, 2016. This rule's changes to the GSAR are 
necessary to reconcile to the changes in the FAR. This rule also 
corrects a technical drafting error in the electronic Code of Federal 
Regulations (eCFR).
    The changes to the FAR changed certain references to DUNS[supreg] 
in GSAR parts 504, 509, and 570.

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 of the Rule

    GSA is amending the GSAR parts 504, 509, 570 to remove references 
to the proprietary Data Universal Numbering System (DUNS[supreg]) 
number and replace them with references to ``unique entity identifier'' 
(UEI). This change will reconcile the GSA supplement to the FAR, which 
was previously changed to change the references from DUNS[supreg] to 
UEI effective October 31, 2016. This rule harmonizes the language of 
the GSAR supplement to the FAR.

IV. Executive Order 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. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a ``major rule'' may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. A major rule cannot take 
effect until 60 days after it is published in the Federal Register. 
This rule has been reviewed and determined by OMB not to be a ``major 
rule'' under 5 U.S.C. 804(2).

VI. Regulatory Flexibility Act

    The Regulation Flexibility Act does not apply to this rule, because 
this direct final rule does not constitute a significant GSAR revision, 
and 41 U.S.C. 1707 does not require publication for public comment.

VII. Paperwork Reduction Act

    The direct 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 Parts 504, 509, and 570

    Government procurement.

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

    Therefore, GSA amends 48 CFR parts 504, 509, and 570 as set forth 
below:

0
1. The authority citation for 48 CFR parts 504, 509, and 570 continues 
to read as follows:

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

PART 504--ADMINISTRATIVE MATTERS


Sec.  504.1103  [Amended]

0
2. Amend section 504.1103 by--
0
a. Removing from paragraph (a) ``andunique'' and adding ``and unique'' 
in its place; and
0
b. Removing from paragraph (b) ``DUNS or DUNS+4 number'' and adding 
``unique entity identifier'' in its place.

[[Page 21666]]

PART 509--CONTRACTOR QUALIFICATIONS


Sec.  509.406-3  [Amended]

0
3. Amend section 509.406-3 by removing from paragraph (b)(2) ``DUNS 
Numbers'' and adding ``unique entity identifiers'' in its place.

PART 570--ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY

0
4. Amend section 570.701 by revising and republishing paragraph (a) to 
read as follows:


Sec.  570.701  FAR provisions and clauses.

* * * * *

------------------------------------------------------------------------
                   If . . .                        Then include . . .
------------------------------------------------------------------------
(a) the estimated value of the acquisition     52.204-3 Taxpayer
 exceeds the micro-purchase threshold           Identification.
 identified in FAR 2.101.                      52.204-6 Unique Entity
                                                Identifier.
                                               52.204-7 System for Award
                                                Management.
                                               52.219-1 Small Business
                                                Program Representations.
                                               52.219-28 Post-Award
                                                Small Business Program
                                                Rerepresentation (use if
                                                lease term exceeds five
                                                years).
                                               52.232-23 Assignment of
                                                Claims.
                                               52.232-33 Payment by
                                                Electronic Funds
                                                Transfer--System for
                                                Award Management.
                                               52.233-1 Disputes.
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2021-08024 Filed 4-22-21; 8:45 am]
BILLING CODE 6820-61-P