General Services Administration Acquisition Regulation (GSAR); Extending Federal Supply Schedule Orders Beyond the Contract Term, 48617-48619 [2021-18517]
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Proposed Rules
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commercial stations. Of this total,
11,245 stations (or 99%) had revenues
of $41.5 million or less in 2020,
according to Commission staff review of
the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on February
9, 2021, and therefore these stations
qualify as small entities under the SBA
definition. In addition, there were 4195
noncommercial educational FM
stations. The Commission does not
compile and does not have access to
information on the revenue of NCE
radio stations that would permit it to
determine how many such stations
would qualify as small entities.
44. In assessing whether a business
concern qualifies as small under the
above definition, business (control)
affiliations must be included. Our
estimate, therefore, likely overstates the
number of small entities that might be
affected by our action because the
revenue figure on which it is based does
not include or aggregate revenues from
affiliated companies. In addition, an
element of the definition of ‘‘small
business’’ is that the entity not be
dominant in its field of operation. We
are unable at this time to define or
quantify the criteria that would
establish whether a specific radio or
television station is dominant in its field
of operation. Accordingly, the estimate
of small businesses to which the
proposed rules may apply does not
exclude any radio or television station
from the definition of small business on
this basis and is therefore possibly overinclusive.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
45. In this section, we identify the
reporting, recordkeeping and other
compliance requirements contained in
the FNPRM and consider whether small
entities are affected disproportionately
by any such requirements. The FNPRM
proposes no new reporting,
recordkeeping or compliance
requirements, only seeks to refresh the
record on resuming, after a suspension,
collection of broadcaster workforce
composition data on FCC Form 395–B.
The FNPRM also seeks to refresh the
record to resolve an issue outstanding
since 2004 on whether the Commission
can or should change its handling of the
data to keep it confidential. The FNPRM
also asks whether and how more
recently enacted statutes affect its
handling of broadcaster employee
composition data. If the FNPRM is
adopted, broadcasters will simply
resume filing Form 395–B and the FCC
may change the way it handles data
contained in Form 395–B. Because the
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FNPRM contains no new reporting or
recordkeeping obligations and proposes
only resuming filing of an existing
Form, the reporting, recordkeeping and
other compliance requirements of small
entities will not change from such
requirements under existing rules, and
the burden imposed by the FNPRM will
be no greater than under current rules.
Additionally, stations with four or less
full-time employees are exempt from
filing the report. Therefore, because no
new requirements are imposed and
small stations are exempt, the
Commission concludes that small
entities will not be disproportionately
affected by the FNPRM.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
46. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
47. This FNPRM seeks to refresh the
record regarding the Commission’s
annual collection of broadcaster
workforce composition data by race and
gender on FCC Form 395–B. It would
lead only to resumption of this data
collection and would impose no new
requirements for which the Commission
can consider alternatives that would
minimize the economic burden on small
entities. Further, as detailed in the
FNPRM, section 334(a) of the Act states
that the Commission shall not revise
either the EEO regulations in effect as of
September 1992 as such regulations
apply to television broadcast station
licensees or permittees or the ‘‘forms
used by such licensees to report
pertinent employment data.’’
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the FNPRM
48. None.
Ordering Clauses
49. Accordingly, it is ordered that,
pursuant to the authority found in
sections 1, 4(i), 4(j), 4(k), 303, 334, and
403 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i),
154(j), 154(k), 303, 334, and 403, this
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48617
Further Notice of Proposed Rulemaking
is adopted.
50. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Notice of Proposed Rulemaking,
including the Initial Regulatory
Flexibility Act Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2021–18665 Filed 8–30–21; 8:45 am]
BILLING CODE 6712–01–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 517, 538, and 552
[GSAR Case 2020–G509; Docket No. GSA–
GSAR 2021–0015; Sequence No. 1]
RIN 3090–AK19
General Services Administration
Acquisition Regulation (GSAR);
Extending Federal Supply Schedule
Orders Beyond the Contract Term
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Proposed rule.
AGENCY:
GSA is proposing to amend
the General Services Administration
Acquisition Regulation (GSAR) to
incorporate existing internal Federal
Supply Schedule (FSS) policy
concerning the option to extend the
term of the contract and performance of
orders beyond the term of the base FSS
contract.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat Division at the address
shown below on or before November 1,
2021 to be considered in the formation
of the final rule.
ADDRESSES: Submit comments in
response to GSAR Case 2020–G509 to:
Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘GSAR Case 2020–G509’’.
Select the link ‘‘Comment Now’’ that
corresponds with GSAR Case 2020–
G509. Follow the instructions provided
at the ‘‘Comment Now’’ screen. Please
include your name, company name (if
any), and ‘‘GSAR Case 2020–G509’’ 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.
SUMMARY:
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Proposed Rules
Instructions: Please submit comments
only and cite GSAR Case 2020–G509 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.
Thomas O’Linn, Procurement Analyst,
at gsarpolicy@gsa.gov for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755 or GSARegSec@gsa.gov.
Please cite GSAR Case 2020–G509.
SUPPLEMENTARY INFORMATION:
I. Background
As a part of GSA’s comprehensive
review of the regulatory requirements in
the GSAR, GSA identified supplemental
internal GSA policy related to the FSS
program that should be placed within
the GSAR. Specifically, GSA is seeking
to incorporate into the GSAR FSS clause
I–FSS–163, Option to Extend the Term
of the Contract (Evergreen), and FSS
policy concerning standard fill-in
information for paragraph (d) of FAR
clause 52.216–22, Indefinite Quantity.
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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
GSA is amending the GSAR to revise
subpart 517.2 for purposes of clarifying
requirements contained in 517.207.
Additionally, GSA is revising subpart
538.2 for purposes of revising the title
of section 538.270 and adding
paragraphs (d)(36) and (e) to section
538.273. Lastly, GSA is revising subpart
552.2 to add the following new GSAR
clause: 552.238–116, Option to Extend
the Term of the FSS Contract. This new
GSAR clause incorporates FSS clause, I–
FSS–163, Option to Extend the Term of
the Contract (Evergreen).
FSS clause I–FSS–163, Option to
Extend the Term of the Contract
(Evergreen), has been in use by the FSS
program since 2000. This clause is
currently implemented through internal
GSA policy and incorporated into FSS
solicitations and contracts.
Incorporating this clause into the GSAR
allows for greater transparency and
ensures FSS regulations are in one area
(i.e., part 538).
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The internal policy concerning
standard fill-in information for
paragraph (d) of FAR clause 52.216–22,
Indefinite Quantity, has been in use by
the FSS program since 2016. The use of
standard fill-in information supports the
administration of orders issued during
the FSS contract ordering period that
remain active beyond expiration of the
FSS contract ordering period. This
requirement is currently implemented
through internal GSA policy and
incorporated into FSS solicitations and
contracts. Incorporating this
requirement into the GSAR allows for
greater transparency and ensures FSS
regulations are in one area (i.e., part
538).
To support the incorporation of these
internal GSA policies to the GSAR the
following amendments to the GSAR are
being made: The title of section 538.270
is being revised from ‘‘Evaluation of
Federal Supply Schedule (FSS) offers’’
to ‘‘Solicitation, evaluation and award
of Federal Supply Schedule (FSS)
contracts’’; GSAR clause 552.238–116,
Option to Extend the Term of the FSS
Contract, is being added (i.e., this clause
incorporates and will replace the
existing FSS clause I–FSS–163, Option
to Extend the Term of the Contract
(Evergreen)); adding paragraph (d)(36) to
GSAR section 538.273 for purposes of
incorporating the prescription for
552.238–116, Option to Extend the
Term of the FSS Contract; adding
paragraph (e) to GSAR section 538.273
for purposes of incorporating the
standard fill-in requirement for
paragraph (d) of FAR clause 52.216–22,
Indefinite Quantity; and making
technical changes to 517.207 for
purposes of clarity and conformity.
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 rulemaking has been
reviewed and determined by Office of
Management and Budget (OMB) not to
be 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.
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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 rulemaking has
been reviewed and determined by OMB
not to be a ‘‘major rule’’ under 5 U.S.C.
804(2).
VI. Regulatory Flexibility Act
GSA does not expect this proposed
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.
Therefore, an Initial Regulatory
Flexibility Analysis has not been
performed. GSA invites comments from
small business concerns and other
interested parties on the expected
impact of this proposed 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 2020–G509), in
correspondence.
VII. Paperwork Reduction Act
This rulemaking 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 517,
538, and 552
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy, General Services Administration.
Therefore, GSA proposes amending
48 CFR parts 517, 538, and 552 as set
forth below:
1. The authority citation for 48 CFR
parts 517, 538, and 552 continues to
read as follows:
■
Authority: 40 U.S.C. 121(c).
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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Proposed Rules
PART 517—SPECIAL CONTRACTING
METHODS
2. Amend section 517.207 by revising
the introductory text and paragraph (a)
to read as follows:
■
517.207
Exercise of options.
In addition to the requirements of
FAR 17.207, the contracting officer
shall:
(a) Document the contract file with
the rationale for exercising the contract
option to extend the period of
performance if the contractor’s
performance under the contract is less
than satisfactory.
*
*
*
*
*
PART 538—FEDERAL SUPPLY
SCHEDULE CONTRACTING
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2019–0014;
4500030113]
RIN 1018–BD03
Endangered and Threatened Wildlife
and Plants; Threatened Status With
Section 4(d) Rule for the Dolphin and
Union Caribou and 12-Month Finding
for the Peary Caribou
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; 12-month
finding.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce a 12-month
finding on a petition to list the Peary
caribou (Rangifer tarandus pearyi) (a
538.270 Solicitation, evaluation, and award
caribou subspecies) and the Dolphin
of Federal Supply Schedule (FSS)
and Union caribou (Rangifer tarandus
contracts.
groenlandicus x peary) as endangered or
■ 4. Amend section 538.273 by adding
threatened subspecies under the
paragraphs (d)(36) and (e) to read as
Endangered Species Act of 1973, as
follows:
amended (Act). Both Peary caribou and
Dolphin and Union caribou are native
538.273 FSS solicitation provisions and
only to Canada. After a review of the
contract clauses.
best available scientific and commercial
*
*
*
*
*
information, we find that it is not
(d) * * *
warranted at this time to add the Peary
(36) 552.238–116, Option to Extend
the Term of the FSS Contract. Use in all caribou to the List of Endangered and
Threatened Wildlife. We find that
FSS solicitations and contracts.
listing the Dolphin and Union caribou
(e) Insert the following fill-in
as a Distinct Population Segment (DPS)
information within the blank of
of the barren-ground caribou subspecies
paragraph (d) of FAR clause 52.216–22,
(Rangifer tarandus groenlandicus) is
Indefinite Quantity: ‘‘the completion of
warranted. Accordingly, we propose to
customer order, including options, 60
list this DPS with a rule issued under
months following the expiration of the
section 4(d) of the Act (‘‘4(d) rule’’). To
FSS contract ordering period’’.
ensure that subsequent rulemaking
PART 552—SOLICITATION
resulting from this proposed rule is as
PROVISIONS AND CONTRACT
accurate and effective as possible, we
CLAUSES
are soliciting information from the
public, other governmental agencies, the
■ 5. Add section 552.238–116 to read as
Government of Canada and its
follows:
provincial governments, the scientific
community, industry, and any other
552.238–116 Option to Extend the Term of
the FSS Contract.
interested parties.
As prescribed in 538.273(d)(36), insert DATES: We will accept comments
the following clause:
received or postmarked on or before
November 1, 2021. Comments submitted
Option To Extend the Term of the FSS
Contract (Date)
electronically using the Federal
(a) The Government may require continued eRulemaking Portal (see ADDRESSES,
performance of this contract for an additional below) must be received by 11:59 p.m.
5 year period. This option may be exercised
Eastern Time on the closing date. We
up to three times.
must receive requests for public
(b) The Contracting Officer may exercise
hearings, in writing, at the address
the option by providing written notice to the
shown in FOR FURTHER INFORMATION
Contractor 30 days before the contract
CONTACT by October 15, 2021
expires.
ADDRESSES: You may submit comments
(End of clause)
by one of the following methods:
[FR Doc. 2021–18517 Filed 8–30–21; 8:45 am]
(1) Electronically: Go to the Federal
BILLING CODE 6820–61–P
eRulemaking Portal: https://
SUMMARY:
3. Revise section 538.270 heading to
read as follows:
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■
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48619
www.regulations.gov. In the Search box,
enter the docket number or RIN for this
rulemaking (presented above in the
document headings). For best results, do
not copy and paste either number;
instead, type the docket number or RIN
into the Search box using hyphens.
Then, click on the Search button. On the
resulting page, in the panel on the left
side of the screen, under the Document
Type heading, check the Proposed Rule
box to locate this document. You may
submit a comment by clicking on
‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–HQ–ES–2019–0014; U.S. Fish and
Wildlife Service; MS: JAO/3W; 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
FOR FURTHER INFORMATION CONTACT:
Elizabeth Maclin, Branch of Delisting
and Foreign Species, Ecological Services
Program, U.S. Fish and Wildlife Service,
5275 Leesburg Pike, MS: ES, Falls
Church, VA 22041; telephone 703–358–
2646. If you use a telecommunications
device for the deaf, call the Federal
Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under
the Endangered Species Act of 1973, as
amended (‘‘Act,’’ 16 U.S.C. 1531 et seq.),
if we determine that a species warrants
listing as an endangered or threatened
species, we are required to promptly
publish a proposal in the Federal
Register and make a determination on
our proposal within 1 year.
What this document does. We find
that listing the Peary caribou subspecies
is not warranted, and we propose to list
the Dolphin and Union caribou DPS as
a threatened species with a rule under
section 4(d) of the Act.
The basis for our action. Under the
Act, we may determine that a species is
an endangered or threatened species
because of any of five factors, alone or
in combination: (A) The present or
threatened destruction, modification, or
curtailment of its habitat or range; (B)
overutilization for commercial,
recreational, scientific, or educational
purposes; (C) disease or predation; (D)
the inadequacy of existing regulatory
mechanisms; or (E) other natural or
manmade factors affecting its continued
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]]>Agencies
[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Proposed Rules]
[Pages 48617-48619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18517]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 517, 538, and 552
[GSAR Case 2020-G509; Docket No. GSA-GSAR 2021-0015; Sequence No. 1]
RIN 3090-AK19
General Services Administration Acquisition Regulation (GSAR);
Extending Federal Supply Schedule Orders Beyond the Contract Term
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: GSA is proposing to amend the General Services Administration
Acquisition Regulation (GSAR) to incorporate existing internal Federal
Supply Schedule (FSS) policy concerning the option to extend the term
of the contract and performance of orders beyond the term of the base
FSS contract.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at the address shown below on or before
November 1, 2021 to be considered in the formation of the final rule.
ADDRESSES: Submit comments in response to GSAR Case 2020-G509 to:
Regulations.gov: https://www.regulations.gov. Submit comments via the
Federal eRulemaking portal by searching for ``GSAR Case 2020-G509''.
Select the link ``Comment Now'' that corresponds with GSAR Case 2020-
G509. Follow the instructions provided at the ``Comment Now'' screen.
Please include your name, company name (if any), and ``GSAR Case 2020-
G509'' 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.
[[Page 48618]]
Instructions: Please submit comments only and cite GSAR Case 2020-
G509 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. Thomas O'Linn, Procurement
Analyst, at [email protected] for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat Division at 202-501-4755 or [email protected].
Please cite GSAR Case 2020-G509.
SUPPLEMENTARY INFORMATION:
I. Background
As a part of GSA's comprehensive review of the regulatory
requirements in the GSAR, GSA identified supplemental internal GSA
policy related to the FSS program that should be placed within the
GSAR. Specifically, GSA is seeking to incorporate into the GSAR FSS
clause I-FSS-163, Option to Extend the Term of the Contract
(Evergreen), and FSS policy concerning standard fill-in information for
paragraph (d) of FAR clause 52.216-22, Indefinite Quantity.
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
GSA is amending the GSAR to revise subpart 517.2 for purposes of
clarifying requirements contained in 517.207. Additionally, GSA is
revising subpart 538.2 for purposes of revising the title of section
538.270 and adding paragraphs (d)(36) and (e) to section 538.273.
Lastly, GSA is revising subpart 552.2 to add the following new GSAR
clause: 552.238-116, Option to Extend the Term of the FSS Contract.
This new GSAR clause incorporates FSS clause, I-FSS-163, Option to
Extend the Term of the Contract (Evergreen).
FSS clause I-FSS-163, Option to Extend the Term of the Contract
(Evergreen), has been in use by the FSS program since 2000. This clause
is currently implemented through internal GSA policy and incorporated
into FSS solicitations and contracts. Incorporating this clause into
the GSAR allows for greater transparency and ensures FSS regulations
are in one area (i.e., part 538).
The internal policy concerning standard fill-in information for
paragraph (d) of FAR clause 52.216-22, Indefinite Quantity, has been in
use by the FSS program since 2016. The use of standard fill-in
information supports the administration of orders issued during the FSS
contract ordering period that remain active beyond expiration of the
FSS contract ordering period. This requirement is currently implemented
through internal GSA policy and incorporated into FSS solicitations and
contracts. Incorporating this requirement into the GSAR allows for
greater transparency and ensures FSS regulations are in one area (i.e.,
part 538).
To support the incorporation of these internal GSA policies to the
GSAR the following amendments to the GSAR are being made: The title of
section 538.270 is being revised from ``Evaluation of Federal Supply
Schedule (FSS) offers'' to ``Solicitation, evaluation and award of
Federal Supply Schedule (FSS) contracts''; GSAR clause 552.238-116,
Option to Extend the Term of the FSS Contract, is being added (i.e.,
this clause incorporates and will replace the existing FSS clause I-
FSS-163, Option to Extend the Term of the Contract (Evergreen)); adding
paragraph (d)(36) to GSAR section 538.273 for purposes of incorporating
the prescription for 552.238-116, Option to Extend the Term of the FSS
Contract; adding paragraph (e) to GSAR section 538.273 for purposes of
incorporating the standard fill-in requirement for paragraph (d) of FAR
clause 52.216-22, Indefinite Quantity; and making technical changes to
517.207 for purposes of clarity and conformity.
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 rulemaking has been reviewed and determined by Office of
Management and Budget (OMB) not to be 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.
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 rulemaking has been reviewed and determined by OMB not to be a
``major rule'' under 5 U.S.C. 804(2).
VI. Regulatory Flexibility Act
GSA does not expect this proposed 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.
Therefore, an Initial Regulatory Flexibility Analysis has not been
performed. GSA invites comments from small business concerns and other
interested parties on the expected impact of this proposed 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 2020-G509), in
correspondence.
VII. Paperwork Reduction Act
This rulemaking 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 517, 538, and 552
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy, General Services Administration.
Therefore, GSA proposes amending 48 CFR parts 517, 538, and 552 as
set forth below:
0
1. The authority citation for 48 CFR parts 517, 538, and 552 continues
to read as follows:
Authority: 40 U.S.C. 121(c).
[[Page 48619]]
PART 517--SPECIAL CONTRACTING METHODS
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2. Amend section 517.207 by revising the introductory text and
paragraph (a) to read as follows:
517.207 Exercise of options.
In addition to the requirements of FAR 17.207, the contracting
officer shall:
(a) Document the contract file with the rationale for exercising
the contract option to extend the period of performance if the
contractor's performance under the contract is less than satisfactory.
* * * * *
PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING
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3. Revise section 538.270 heading to read as follows:
538.270 Solicitation, evaluation, and award of Federal Supply Schedule
(FSS) contracts.
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4. Amend section 538.273 by adding paragraphs (d)(36) and (e) to read
as follows:
538.273 FSS solicitation provisions and contract clauses.
* * * * *
(d) * * *
(36) 552.238-116, Option to Extend the Term of the FSS Contract.
Use in all FSS solicitations and contracts.
(e) Insert the following fill-in information within the blank of
paragraph (d) of FAR clause 52.216-22, Indefinite Quantity: ``the
completion of customer order, including options, 60 months following
the expiration of the FSS contract ordering period''.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. Add section 552.238-116 to read as follows:
552.238-116 Option to Extend the Term of the FSS Contract.
As prescribed in 538.273(d)(36), insert the following clause:
Option To Extend the Term of the FSS Contract (Date)
(a) The Government may require continued performance of this
contract for an additional 5 year period. This option may be
exercised up to three times.
(b) The Contracting Officer may exercise the option by providing
written notice to the Contractor 30 days before the contract
expires.
(End of clause)
[FR Doc. 2021-18517 Filed 8-30-21; 8:45 am]
BILLING CODE 6820-61-P
