General Services Administration Acquisition Regulation (GSAR); Updating References to Commercial Items, 68441-68444 [2021-25274]
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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
security and law enforcement review
and advance the shared goal of the
Commission and industry, including
small entities, to make the Executive
Branch review process as efficient as
possible. As discussed in the FRFA in
the Executive Branch Review Order,
timeframes for review of FCC
applications referred to the Executive
Branch have also been adopted, which
will help prevent unnecessary delays
and make the process more efficient and
transparent, which ultimately benefits
all applicants, including small entities.
65. The Commission will send a copy
of the Second Report and Order,
including this Supplemental FRFA, in a
report to be sent to Congress pursuant
to the Small Business Regulatory
Enforcement Fairness Act of 1996.
lotter on DSK11XQN23PROD with RULES1
Ordering Clauses
66. It is ordered that, pursuant to
sections 4(i), 4(j), 214, 303, 309, 310 and
413 of the Communications Act as
amended, 47 U.S.C. 154(i), 154(j), 214,
303, 309, 310 and 413, and the Cable
Landing License Act of 1921, 47 U.S.C.
34–39, and Executive Order No. 10530,
Section 5(a) reprinted as amended in 3
U.S.C. 301, this Second Report and
Order is adopted.
67. It is further ordered that as
discussed herein, pursuant to 47 U.S.C.
155(c) and 47 CFR 0.261, the Chief of
the International Bureau is directed to
administer and make available on a
public website, a standardized set of
national security and law enforcement
questions for the Categories of
Information set forth in Part 1, Subpart
CC of the Commission’s rules.
68. It is further ordered that the
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Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Second Report and Order to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
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Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Second Report and Order, including
the Supplemental Final Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2021–24944 Filed 12–1–21; 8:45 am]
BILLING CODE 6712–01–P
16:00 Dec 01, 2021
48 CFR Parts 502, 509, 511, 512, 514,
532, 536, 538, and 552
[GSAR Case 2021–G510; Docket No. GSA–
GSAR 2021–0026; Sequence No. 1]
RIN 3090–AK37
General Services Administration
Acquisition Regulation (GSAR);
Updating References to Commercial
Items
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
AGENCY:
G. Report to Congress
VerDate Sep<11>2014
GENERAL SERVICES
ADMINISTRATION
Jkt 256001
The General Services
Administration (GSA) is issuing a final
rule amending the General Services
Administration Acquisition Regulation
(GSAR) to conform to changes in the
Federal Acquisition Regulation (FAR)
that reflect an updated ‘‘commercial
item’’ definition pursuant to a section of
the John S. McCain National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2019.
DATES: Effective January 3, 2022.
FOR FURTHER INFORMATION CONTACT: Mr.
Stephen Carroll at 817–253–7858 or
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 2021–
G510.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
This final rule amends the General
Services Administration Acquisition
Regulation (GSAR) to change instances
of ‘‘commercial item(s)’’ with
commercial product(s), commercial
services(s), or both commercial
product(s) and commercial service(s) to
match similar actions taken in the
Federal Acquisition Regulation (FAR).
FAR Case 2018–018 was published as
a final rule at 86 FR 61017 on November
4, 2021, to implement section 836 of the
John S. McCain National Defense
Authorization Act for Fiscal Year 2019
to separate the definition of
‘‘commercial item’’ into the definitions
of ‘‘commercial product’’ and
‘‘commercial service.’’
It is important to note that the
amendment to separate ‘‘commercial
item’’ with ‘‘commercial product’’ and
‘‘commercial service’’ does not expand
or shrink the universe of products or
services that the Government may
procure using GSAR part 512, nor does
it change the terms and conditions
vendors must comply with.
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68441
This rule does not add any new
solicitation provisions or contract
clauses. This rule merely replaces the
term ‘‘commercial item(s)’’ with
‘‘commercial product(s),’’ ‘‘commercial
service(s),’’ ‘‘commercial product(s) or
commercial service(s),’’ or ‘‘commercial
product(s) and commercial service(s)’’
in the GSAR including in part 552, as
appropriate. It does not add any new
burdens because the case does not add
or change any requirements with which
vendors must comply.
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
As changed by FAR Case 2018–018,
and as required by section 836 of the
NDAA for FY 2019, this final rule
replaces instances of commercial item(s)
with commercial product(s),
commercial service(s), or both
commercial product(s) and commercial
service(s).
This final rule also replaces all
instances of ‘‘non-commercial’’ and
‘‘noncommercial’’ with ‘‘other than
commercial’’ as it relates to this rule.
This is an editorial change and will
provide consistent language to the FAR
and throughout the GSAR.
Other minor editorial changes are
made in this final rule to provide
consistent language.
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 rule has been reviewed
and determined by 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
E:\FR\FM\02DER1.SGM
02DER1
68442
Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
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. Notice for Public Comment
The statute that applies to the
publication of the GSAR is the Office of
Federal Procurement Policy statute
(codified at title 41 of the United States
Code). Specifically, 41 U.S.C. 1707(a)(1)
requires that a procurement policy,
regulation, procedure or form (including
an amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This rule is not
required to be published for public
comment, because GSA is not issuing a
new regulation; rather, this rule is
merely an editorial change and will
provide consistent language to the FAR
(pursuant to section 836 of the John S.
McCain National Defense Authorization
Act for Fiscal Year 2019) throughout the
GSAR. The rule does not expand or
shrink the universe of products or
services that the Government may
procure using GSAR part 512, nor does
it change the terms and conditions
vendors must comply with.
This rule does not add any new
solicitation provisions or contract
clauses. This rule merely replaces the
term ‘‘commercial item(s)’’ with
‘‘commercial product(s),’’ ‘‘commercial
service(s),’’ ‘‘commercial product(s) or
commercial service(s),’’ or ‘‘commercial
product(s) and commercial service(s)’’
in the GSAR including in part 552, as
appropriate. It does not add any new
burdens because the case does not add
or change any requirements with which
vendors must comply.
lotter on DSK11XQN23PROD with RULES1
VII. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) does not apply to this
rule, because an opportunity for public
comment is not required to be given for
this rule under 41 U.S.C. 1707(a)(1) (see
Section VI. of this preamble).
Accordingly, no regulatory flexibility
analysis is required and none has been
prepared.
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16:00 Dec 01, 2021
Jkt 256001
VIII. 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 Parts 502,
509, 511, 512, 514, 532, 536, 538, and
552
Government procurement.
Jeffrey Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy, General Services Administration.
Therefore, GSA amends 48 CFR parts
502, 509, 511, 512, 514, 532, 536, 538,
and 552 as set forth below:
■ 1. The authority citation for 48 CFR
parts 502, 509, 511, 512, 514, 532, 536,
538, and 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
PART 502—DEFINITIONS OF WORDS
AND TERMS
502.101
[Amended]
2. Amend section 502.101 in the
introductory text by—
■ a. Removing the words ‘‘that meet’’
and adding the words ‘‘that meets’’ in
its place;
■ b. Removing the words ‘‘commercial
item’’ and adding the words
‘‘commercial products and commercial
services’’ in its place; and
■ c. Removing the word ‘‘supply’’ and
adding the words ‘‘product’’ in its place.
■
PART 509—CONTRACTOR
QUALIFICATIONS
509.405–1
[Amended]
Subpart 512.3—Solicitation Provisions
and Contract Clauses for the
Acquisition of Commercial Products
and Commercial Services
512.301
[Amended]
7. Amend section 512.301 by—
■ a. Removing from the section heading
and paragraph (a) introductory text
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place;
■ b. Removing from paragraph (a)(1)
‘‘Acquisition of Commercial Items’’ and
‘‘commercial items’’ and adding
‘‘Acquisitions of Commercial Products
and Commercial Services’’ and
‘‘commercial products and commercial
services’’ in their places, respectively;
■ c. Removing from paragraph (a)(2)
‘‘Commercial Items’’ and ‘‘commercial
item’’ and adding ‘‘Commercial
Products and Commercial Services’’ and
‘‘commercial products and commercial
services’’ in their places, respectively;
■ d. Removing from paragraph (b)
‘‘Commercial Items’’ and adding
‘‘Commercial Products and Commercial
Services’’ in its place; and
■ e. Removing from paragraph (d)(1)
‘‘commercial items’’ and adding
‘‘commercial products and commercial
services’’ in its place.
■
PART 514—SEALED BIDDING
514.201–2
8. Amend section 514.201–2 by
removing from paragraph (b)
‘‘Commercial Items’’ and adding
‘‘Commercial Products and Commercial
Services’’ in its place.
■
514.270–1
3. Amend section 509.405–1 by
removing from paragraph (b)(6)
‘‘commercial items.)’’ and adding
‘‘commercial products and commercial
services).’’ in its place.
[Amended]
[Amended]
■
PART 511—DESCRIBING AGENCY
NEEDS
511.602
[Amended]
4. Amend section 511.602 by
removing from introductory text of
paragraph (d) ‘‘any items’’ and adding
‘‘any product or service’’ in its place.
■
PART 512—ACQUISITION OF
COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
5. Revise the heading for part 512 to
read as set forth above.
■ 6. Revise the heading of subpart 512.3
to read as follows:
■
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9. Amend section 514.270–1 by
removing ‘‘FAR 3.302’’ and adding
‘‘FAR 2.101’’ in its place.
■
514.270–4
[Amended]
10. Amend section 514.270–4 in
paragraph (d)(3)(ii) by removing
‘‘commercial items’’ and adding
‘‘commercial products’’ in its place and
removing the word ‘‘etc.’’.
■
514.270–7
[Amended]
11. Amend section 514.270–7 by
removing from paragraph (d) ‘‘item’’
everywhere it appears and adding
‘‘product’’ in its place.
■
PART 532—CONTRACT FINANCING
12. Revise the heading of subpart
532.1 to read as follows:
■
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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
Subpart 532.1—Financing for Other
Than a Commercial Purchase
532.908
[Amended]
13. Amend section 532.908 by
removing from paragraph (b)(2) ‘‘not for
commercial items’’ and adding ‘‘for
other than commercial products or
commercial services’’ in its place.
■
PART 536—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
536.7104
[Amended]
14. Amend section 536.7104 by
removing ‘‘services or items’’ and
adding ‘‘services or supplies’’ in its
place.
[Amended]
Amended]
16. Amend section 538.273 by—
■ a. Removing from paragraph (b)
introductory text ‘‘Commercial Items’’
and adding ‘‘Commercial Products and
Commercial Services’’ in its place;
■ b. Removing from paragraph (c)
introductory text ‘‘Evaluation—
Commercial Items’’ and adding
‘‘Evaluation—Commercial Products and
Commercial Services’’ in its place;
■ c. Removing from paragraph (c)(1)
‘‘Commercial Items’’ and adding
‘‘Commercial Products and Commercial
Services’’ in its place;
■ d. Removing from paragraph (d)
introductory text ‘‘Conditions—
Commercial Items’’ and adding
‘‘Conditions—Commercial Products and
Commercial Services’’ in its place;
■ e. Removing from paragraph (d)(2)
‘‘contemplate items’’ and adding the
word ‘‘contemplate products’’ in its
place;
■ f. Removing from paragraphs (d)(19)
and (32) ‘‘for items’’ and adding ‘‘for
products’’ in its place; and
■ g. Removing from paragraph (d)(35)
‘‘when items’’ and adding ‘‘when
products’’ in its place.
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■
[Amended]
17. Removing from paragraph (a)
‘‘Conditions—Commercial Items’’ and
adding ‘‘Conditions—Commercial
Products and Commercial Services’’ in
its place.
■
VerDate Sep<11>2014
16:00 Dec 01, 2021
Jkt 256001
552.232–25
552.212–4 Contract Terms and
Conditions—Commercial Products and
Commercial Services (FAR DEVIATION).
*
*
*
*
*
*
*
*
*
19. Amend section 552.212–71 by—
a. Revising the section heading, clause
heading, and date of the clause; and
■ b. In paragraph (a) introductory text:
■ i. Removing ‘‘items or components’’
and adding ‘‘products, including
commercial components, and
commercial services’’ in its place; and
■ ii. Removing from the last sentence
‘‘The clauses’’ and adding ‘‘The GSAR
clauses’’ in its place.
The revisions read as follows:
15. Amend section 538.271 by
removing from paragraph (a)
‘‘commercial items as defined in FAR
2.101’’ and adding ‘‘commercial
products and commercial services’’ in
its place.
538.7003
18. Amend section 552.212–4 by
revising the section heading, clause
heading, and the date of the clause to
read as follows:
■
■
■
■
538.273
and adding ‘‘Commercial Products and
Commercial Services’’ in its place.
The revision reads as follows:
*
PART 538—FEDERAL SUPPLY
SCHEDULE CONTRACTING
538.271
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
Contract Terms and Conditions—
Commercial Products and Commercial
Services (FAR DEVIATION) (JAN,
2022).
■
68443
552.212–71 Contract Terms and
Conditions Applicable to GSA Acquisitions
of Commercial Products and Commercial
Services.
*
*
*
*
*
Contract Terms and Conditions
Applicable to GSA Acquisitions of
Commercial Products and Commercial
Services (JAN, 2022).
*
*
*
*
*
20. Amend section 552.212–72 by—
a. Revising the section heading, clause
heading, and date of the clause; and
■ b. Removing from the introductory
text of the clause ‘‘commercial items or
components’’ and adding ‘‘commercial
products, including commercial
components, and commercial services’’
in its place.
The revisions read as follows:
■
■
552.212–72 Contract Terms and
Conditions Required To Implement Statutes
or Executive Orders Applicable to GSA
Acquisition of Commercial Products and
Commercial Services.
*
*
Prompt Payment.
*
*
*
Prompt Payment (JAN, 2022)
*
*
*
*
*
22. Amend section 552.238–75 by—
a. Revising the section heading, clause
heading, and date of the clause; and
■ b. In paragraph (a):
■ i. Revising the first sentence;
■ ii. Removing from the second
sentence ‘‘complexity of items’’ and
adding ‘‘complexity of products or
services’’ in its place; and
■ iii. Removing from the last sentence
‘‘the item(s)’’ and adding ‘‘the products
or services’’ in its place.
The revisions read as follows:
■
■
552.238–75 Evaluation—Commercial
Products and Commercial Services (Federal
Supply Schedule).
*
*
*
*
*
Evaluation—Commercial Products and
Commercial Services (Federal Supply
Schedule) (JAN, 2022)
(a) The Government may make
multiple awards for the supplies or
services offered in response to this
solicitation that meet the commercial
product or commercial service
definition in FAR clause 52.202–1.
* * *
*
*
*
*
*
■ 23. Amend section 552.238–78 by:
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (d)
introductory text ‘‘an item’s’’ and
adding ‘‘an product’s’’ in its place.
The revision reads as follows:
552.238–78 Identification of Products That
Have Environmental Attributes.
*
*
*
*
*
Identification of Products That Have
Environmental Attributes (JAN, 2022)
*
*
*
*
*
24. Amend section 552.238–82 by—
a. Revising the date of the clause;
b. Removing form paragraph (b)(1)(vii)
‘‘Commercial Items’’ and adding
‘‘Commercial Products and Commercial
Services’’ in its place; and
■ c. Removing from Alternate II,
paragraph (b)(1)(v), ‘‘Commercial Items’’
and adding ‘‘Commercial Products or
Services’’ in its place.
The revision reads as follows:
■
■
■
552.238–82 Modifications (Federal Supply
Schedules).
*
*
*
*
*
Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders Applicable to GSA
Acquisition of Commercial Products
and Commercial Services (JAN, 2022)
*
*
*
*
21. Amend section 552.232–25 by:
a. Revising the date of the clause; and
b. Removing from paragraph (a)(5)
introductory text ‘‘Commercial Items’’
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*
■
■
■
*
E:\FR\FM\02DER1.SGM
*
*
02DER1
*
*
68444
Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
552.238–111 Environmental Protection
Agency Registration Requirement.
Modifications (Federal Supply
Schedules) (JAN, 2022)
*
*
*
*
*
*
25. Amend section 552.238–111 by—
■ a. Revising the date of the clause; and
■ b. Removing form paragraph (c)
‘‘Commercial Items’’ and adding
‘‘Commercial Products and Commercial
Services’’ in its place.
The revision reads as follows:
lotter on DSK11XQN23PROD with RULES1
■
VerDate Sep<11>2014
16:00 Dec 01, 2021
Jkt 256001
*
*
*
*
Environmental Protection Agency
Registration Requirement (JAN, 2022)
*
*
*
*
*
■ 26. Amend section 552.238–114 by—
■ a. Revising the date of the clause; and
■ b. Removing form paragraph (a)(1)
‘‘Commercial Item’’ and adding
‘‘Commercial Products and Commercial
Services’’ in its place.
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The revision reads as follows:
552.238–114 Use of Federal Supply
Schedule Contracts by Non-Federal
Entities.
*
*
*
*
*
Use of Federal Supply Schedule
Contracts by Non-Federal Entities (JAN,
2022)
*
*
*
*
*
[FR Doc. 2021–25274 Filed 12–1–21; 8:45 am]
BILLING CODE 6820–61–P
E:\FR\FM\02DER1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Rules and Regulations]
[Pages 68441-68444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25274]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 502, 509, 511, 512, 514, 532, 536, 538, and 552
[GSAR Case 2021-G510; Docket No. GSA-GSAR 2021-0026; Sequence No. 1]
RIN 3090-AK37
General Services Administration Acquisition Regulation (GSAR);
Updating References to Commercial Items
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is issuing a final
rule amending the General Services Administration Acquisition
Regulation (GSAR) to conform to changes in the Federal Acquisition
Regulation (FAR) that reflect an updated ``commercial item'' definition
pursuant to a section of the John S. McCain National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2019.
DATES: Effective January 3, 2022.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen Carroll at 817-253-7858 or
[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 2021-G510.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule amends the General Services Administration
Acquisition Regulation (GSAR) to change instances of ``commercial
item(s)'' with commercial product(s), commercial services(s), or both
commercial product(s) and commercial service(s) to match similar
actions taken in the Federal Acquisition Regulation (FAR).
FAR Case 2018-018 was published as a final rule at 86 FR 61017 on
November 4, 2021, to implement section 836 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 to separate the
definition of ``commercial item'' into the definitions of ``commercial
product'' and ``commercial service.''
It is important to note that the amendment to separate ``commercial
item'' with ``commercial product'' and ``commercial service'' does not
expand or shrink the universe of products or services that the
Government may procure using GSAR part 512, nor does it change the
terms and conditions vendors must comply with.
This rule does not add any new solicitation provisions or contract
clauses. This rule merely replaces the term ``commercial item(s)'' with
``commercial product(s),'' ``commercial service(s),'' ``commercial
product(s) or commercial service(s),'' or ``commercial product(s) and
commercial service(s)'' in the GSAR including in part 552, as
appropriate. It does not add any new burdens because the case does not
add or change any requirements with which vendors must comply.
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
As changed by FAR Case 2018-018, and as required by section 836 of
the NDAA for FY 2019, this final rule replaces instances of commercial
item(s) with commercial product(s), commercial service(s), or both
commercial product(s) and commercial service(s).
This final rule also replaces all instances of ``non-commercial''
and ``noncommercial'' with ``other than commercial'' as it relates to
this rule. This is an editorial change and will provide consistent
language to the FAR and throughout the GSAR.
Other minor editorial changes are made in this final rule to
provide consistent language.
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 rule has been reviewed and determined by 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
[[Page 68442]]
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. Notice for Public Comment
The statute that applies to the publication of the GSAR is the
Office of Federal Procurement Policy statute (codified at title 41 of
the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires
that a procurement policy, regulation, procedure or form (including an
amendment or modification thereof) must be published for public comment
if it relates to the expenditure of appropriated funds, and has either
a significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure, or form, or has a
significant cost or administrative impact on contractors or offerors.
This rule is not required to be published for public comment, because
GSA is not issuing a new regulation; rather, this rule is merely an
editorial change and will provide consistent language to the FAR
(pursuant to section 836 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019) throughout the GSAR. The rule
does not expand or shrink the universe of products or services that the
Government may procure using GSAR part 512, nor does it change the
terms and conditions vendors must comply with.
This rule does not add any new solicitation provisions or contract
clauses. This rule merely replaces the term ``commercial item(s)'' with
``commercial product(s),'' ``commercial service(s),'' ``commercial
product(s) or commercial service(s),'' or ``commercial product(s) and
commercial service(s)'' in the GSAR including in part 552, as
appropriate. It does not add any new burdens because the case does not
add or change any requirements with which vendors must comply.
VII. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not
apply to this rule, because an opportunity for public comment is not
required to be given for this rule under 41 U.S.C. 1707(a)(1) (see
Section VI. of this preamble). Accordingly, no regulatory flexibility
analysis is required and none has been prepared.
VIII. 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 Parts 502, 509, 511, 512, 514, 532, 536,
538, and 552
Government procurement.
Jeffrey Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy, General Services Administration.
Therefore, GSA amends 48 CFR parts 502, 509, 511, 512, 514, 532,
536, 538, and 552 as set forth below:
0
1. The authority citation for 48 CFR parts 502, 509, 511, 512, 514,
532, 536, 538, and 552 continues to read as follows:
Authority: 40 U.S.C. 121(c).
PART 502--DEFINITIONS OF WORDS AND TERMS
502.101 [Amended]
0
2. Amend section 502.101 in the introductory text by--
0
a. Removing the words ``that meet'' and adding the words ``that meets''
in its place;
0
b. Removing the words ``commercial item'' and adding the words
``commercial products and commercial services'' in its place; and
0
c. Removing the word ``supply'' and adding the words ``product'' in its
place.
PART 509--CONTRACTOR QUALIFICATIONS
509.405-1 [Amended]
0
3. Amend section 509.405-1 by removing from paragraph (b)(6)
``commercial items.)'' and adding ``commercial products and commercial
services).'' in its place.
PART 511--DESCRIBING AGENCY NEEDS
511.602 [Amended]
0
4. Amend section 511.602 by removing from introductory text of
paragraph (d) ``any items'' and adding ``any product or service'' in
its place.
PART 512--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
0
5. Revise the heading for part 512 to read as set forth above.
0
6. Revise the heading of subpart 512.3 to read as follows:
Subpart 512.3--Solicitation Provisions and Contract Clauses for the
Acquisition of Commercial Products and Commercial Services
512.301 [Amended]
0
7. Amend section 512.301 by--
0
a. Removing from the section heading and paragraph (a) introductory
text ``commercial items'' and adding ``commercial products and
commercial services'' in its place;
0
b. Removing from paragraph (a)(1) ``Acquisition of Commercial Items''
and ``commercial items'' and adding ``Acquisitions of Commercial
Products and Commercial Services'' and ``commercial products and
commercial services'' in their places, respectively;
0
c. Removing from paragraph (a)(2) ``Commercial Items'' and ``commercial
item'' and adding ``Commercial Products and Commercial Services'' and
``commercial products and commercial services'' in their places,
respectively;
0
d. Removing from paragraph (b) ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place; and
0
e. Removing from paragraph (d)(1) ``commercial items'' and adding
``commercial products and commercial services'' in its place.
PART 514--SEALED BIDDING
514.201-2 [Amended]
0
8. Amend section 514.201-2 by removing from paragraph (b) ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' in
its place.
514.270-1 [Amended]
0
9. Amend section 514.270-1 by removing ``FAR 3.302'' and adding ``FAR
2.101'' in its place.
514.270-4 [Amended]
0
10. Amend section 514.270-4 in paragraph (d)(3)(ii) by removing
``commercial items'' and adding ``commercial products'' in its place
and removing the word ``etc.''.
514.270-7 [Amended]
0
11. Amend section 514.270-7 by removing from paragraph (d) ``item''
everywhere it appears and adding ``product'' in its place.
PART 532--CONTRACT FINANCING
0
12. Revise the heading of subpart 532.1 to read as follows:
[[Page 68443]]
Subpart 532.1--Financing for Other Than a Commercial Purchase
532.908 [Amended]
0
13. Amend section 532.908 by removing from paragraph (b)(2) ``not for
commercial items'' and adding ``for other than commercial products or
commercial services'' in its place.
PART 536--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
536.7104 [Amended]
0
14. Amend section 536.7104 by removing ``services or items'' and adding
``services or supplies'' in its place.
PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING
538.271 [Amended]
0
15. Amend section 538.271 by removing from paragraph (a) ``commercial
items as defined in FAR 2.101'' and adding ``commercial products and
commercial services'' in its place.
538.273 Amended]
0
16. Amend section 538.273 by--
0
a. Removing from paragraph (b) introductory text ``Commercial Items''
and adding ``Commercial Products and Commercial Services'' in its
place;
0
b. Removing from paragraph (c) introductory text ``Evaluation--
Commercial Items'' and adding ``Evaluation--Commercial Products and
Commercial Services'' in its place;
0
c. Removing from paragraph (c)(1) ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place;
0
d. Removing from paragraph (d) introductory text ``Conditions--
Commercial Items'' and adding ``Conditions--Commercial Products and
Commercial Services'' in its place;
0
e. Removing from paragraph (d)(2) ``contemplate items'' and adding the
word ``contemplate products'' in its place;
0
f. Removing from paragraphs (d)(19) and (32) ``for items'' and adding
``for products'' in its place; and
0
g. Removing from paragraph (d)(35) ``when items'' and adding ``when
products'' in its place.
538.7003 [Amended]
0
17. Removing from paragraph (a) ``Conditions--Commercial Items'' and
adding ``Conditions--Commercial Products and Commercial Services'' in
its place.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
18. Amend section 552.212-4 by revising the section heading, clause
heading, and the date of the clause to read as follows:
552.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services (FAR DEVIATION).
* * * * *
Contract Terms and Conditions--Commercial Products and Commercial
Services (FAR DEVIATION) (JAN, 2022).
* * * * *
0
19. Amend section 552.212-71 by--
0
a. Revising the section heading, clause heading, and date of the
clause; and
0
b. In paragraph (a) introductory text:
0
i. Removing ``items or components'' and adding ``products, including
commercial components, and commercial services'' in its place; and
0
ii. Removing from the last sentence ``The clauses'' and adding ``The
GSAR clauses'' in its place.
The revisions read as follows:
552.212-71 Contract Terms and Conditions Applicable to GSA
Acquisitions of Commercial Products and Commercial Services.
* * * * *
Contract Terms and Conditions Applicable to GSA Acquisitions of
Commercial Products and Commercial Services (JAN, 2022).
* * * * *
0
20. Amend section 552.212-72 by--
0
a. Revising the section heading, clause heading, and date of the
clause; and
0
b. Removing from the introductory text of the clause ``commercial items
or components'' and adding ``commercial products, including commercial
components, and commercial services'' in its place.
The revisions read as follows:
552.212-72 Contract Terms and Conditions Required To Implement
Statutes or Executive Orders Applicable to GSA Acquisition of
Commercial Products and Commercial Services.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders Applicable to GSA Acquisition of Commercial Products
and Commercial Services (JAN, 2022)
* * * * *
0
21. Amend section 552.232-25 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (a)(5) introductory text ``Commercial
Items'' and adding ``Commercial Products and Commercial Services'' in
its place.
The revision reads as follows:
552.232-25 Prompt Payment.
* * * * *
Prompt Payment (JAN, 2022)
* * * * *
0
22. Amend section 552.238-75 by--
0
a. Revising the section heading, clause heading, and date of the
clause; and
0
b. In paragraph (a):
0
i. Revising the first sentence;
0
ii. Removing from the second sentence ``complexity of items'' and
adding ``complexity of products or services'' in its place; and
0
iii. Removing from the last sentence ``the item(s)'' and adding ``the
products or services'' in its place.
The revisions read as follows:
552.238-75 Evaluation--Commercial Products and Commercial Services
(Federal Supply Schedule).
* * * * *
Evaluation--Commercial Products and Commercial Services (Federal Supply
Schedule) (JAN, 2022)
(a) The Government may make multiple awards for the supplies or
services offered in response to this solicitation that meet the
commercial product or commercial service definition in FAR clause
52.202-1. * * *
* * * * *
0
23. Amend section 552.238-78 by:
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (d) introductory text ``an item's'' and
adding ``an product's'' in its place.
The revision reads as follows:
552.238-78 Identification of Products That Have Environmental
Attributes.
* * * * *
Identification of Products That Have Environmental Attributes (JAN,
2022)
* * * * *
0
24. Amend section 552.238-82 by--
0
a. Revising the date of the clause;
0
b. Removing form paragraph (b)(1)(vii) ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place; and
0
c. Removing from Alternate II, paragraph (b)(1)(v), ``Commercial
Items'' and adding ``Commercial Products or Services'' in its place.
The revision reads as follows:
552.238-82 Modifications (Federal Supply Schedules).
* * * * *
[[Page 68444]]
Modifications (Federal Supply Schedules) (JAN, 2022)
* * * * *
0
25. Amend section 552.238-111 by--
0
a. Revising the date of the clause; and
0
b. Removing form paragraph (c) ``Commercial Items'' and adding
``Commercial Products and Commercial Services'' in its place.
The revision reads as follows:
552.238-111 Environmental Protection Agency Registration Requirement.
* * * * *
Environmental Protection Agency Registration Requirement (JAN, 2022)
* * * * *
0
26. Amend section 552.238-114 by--
0
a. Revising the date of the clause; and
0
b. Removing form paragraph (a)(1) ``Commercial Item'' and adding
``Commercial Products and Commercial Services'' in its place.
The revision reads as follows:
552.238-114 Use of Federal Supply Schedule Contracts by Non-Federal
Entities.
* * * * *
Use of Federal Supply Schedule Contracts by Non-Federal Entities (JAN,
2022)
* * * * *
[FR Doc. 2021-25274 Filed 12-1-21; 8:45 am]
BILLING CODE 6820-61-P
