General Services Administration Acquisition Regulation (GSAR); Extending Federal Supply Schedule Orders Beyond the Contract Term, 10313-10314 [2022-03808]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Rules and Regulations
appropriate circuit by April 25, 2022.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
(1) Rule 74.6 ‘‘Surface Cleaning and
Degreasing,’’ revised on November 10,
2020.
(2) Rule 74.6.1 ‘‘Batch Loaded Vapor
Degreasers,’’ amended on November 10,
2020.
(B) [Reserved]
(ii) [Reserved]
Dated: February 15, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
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: Final rule.
B. Analysis of Public Comments
No public comments were received in
response to the proposed rule.
GSA is issuing a final rule
amending the General Services
Administration Acquisition Regulation
(GSAR) to incorporate existing internal
GSA Federal Supply Schedule (FSS)
policy concerning the option to extend
the term of the contract and the
performance of orders beyond the term
of the base FSS contract.
DATES: Effective March 28, 2022.
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:
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule 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.
[FR Doc. 2022–03689 Filed 2–23–22; 8:45 am]
BILLING CODE 6560–50–P
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(336)(i)(B)(2) and
(3) and (c)(569) to read as follows:
■
Identification of plan-in part.
jspears on DSK121TN23PROD with RULES1
*
*
*
*
*
(c) * * *
(336) * * *
(i) * * *
(B) * * *
(2) Previously approved on October
25, 2005, in paragraph (c)(336)(i)(B)(1)
of this section and now deleted with
replacement in (c)(569)(i)(A)(1), Rule
47.6 adopted on November 11, 2003.
(3) Previously approved on October
25, 2005, in paragraph (c)(336)(i)(B)(1)
of this section and now deleted with
replacement in (c)(569)(i)(A)(2), Rule
47.6.1 adopted on November 11, 2003.
*
*
*
*
*
(569) Amended regulations for the
following APCDs were submitted on
July 26, 2021 by the Governor’s
designee.
(i) Incorporation by reference.
(A) Ventura County Air Pollution
Control District
VerDate Sep<11>2014
16:01 Feb 23, 2022
48 CFR Parts 538 and 552
[GSAR Case 2020–G509; Docket No. GSA–
GSAR 2021–0015; Sequence No. 1]
SUMMARY:
■
§ 52.220
GENERAL SERVICES
ADMINISTRATION
RIN 3090–AK19
For the reasons stated in the
preamble, the Environmental Protection
Agency amends part 52, chapter I, title
40 of the Code of Federal Regulations as
follows:
Jkt 256001
II. Discussion and Analysis
A. Summary of Significant Changes
There are no significant changes from
the proposed rule. However, two minor
editorial changes have been made. The
two minor editorial changes are as
follows:
• Removal of the proposed changes to
517.207 from the final rule. The reason
is because 517.207 is no longer
regulatory as the section was made nonregulatory under a final rule published
at 86 FR 28499 on May 27, 2021, and
corrected at 86 FR 61079 published on
November 5, 2021; and
• Change the prescription language
for GSAR Clause 552.238–116, Option
to Extend the Term of the FSS Contract,
noted at section 538.238(d)(36). The
final rule changes the prescription from
‘‘Use in all FSS solicitations and
contracts’’ to ‘‘Use in FSS solicitations
and contracts when appropriate.’’ This
change recognizes that not all FSS
contracts are five year contracts with
three five year options (e.g., VA
Schedules).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
10313
I. Background
GSA published a proposed rule at 86
FR 48617 on August 31, 2021, to amend
the 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. Specifically,
this rule incorporates into the GSAR
FSS clause I–FSS–163, Option to Extend
the Term of the Contract (Evergreen),
and FSS policy concerning standard fillin information for paragraph (d) of FAR
clause 52.216–22, Indefinite Quantity.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
IV. 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. The General Services
Administration will submit a report
E:\FR\FM\24FER1.SGM
24FER1
10314
Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Rules and Regulations
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and 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).
V. Regulatory Flexibility Act
List of Subjects in 48 CFR Parts 538 and
552
Government procurement.
Jeffrey Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy, General Services Administration.
GSA does not expect this final 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, a Final Regulatory
Flexibility Analysis has not been
performed. GSA invites comments from
small business concerns and other
interested parties on the expected
impact of this rule on small entities.
GSA will also consider comments
from small entities concerning the
existing regulations in subparts affected
by the rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (GSAR Case 2020–G509), in
correspondence.
Therefore, GSA amends 48 CFR parts
538 and 552 as set forth below:
■ 1. The authority citation for 48 CFR
parts 538 and 552 continues to read as
follows:
VI. Paperwork Reduction Act
538.273 FSS solicitation provisions and
contract clauses.
This final rule does not contain any
information collection requirements that
require the approval of the Office of
jspears on DSK121TN23PROD with RULES1
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
VerDate Sep<11>2014
16:01 Feb 23, 2022
Jkt 256001
Authority: 40 U.S.C. 121(c).
PART 538—FEDERAL SUPPLY
SCHEDULE CONTRACTING
2. Revise section 538.270 heading to
read as follows:
■
538.270 Solicitation, evaluation, and award
of Federal Supply Schedule (FSS)
contracts.
3. Amend section 538.273 by adding
paragraphs (d)(36) and (e) to read as
follows:
■
*
*
*
(d) * * *
PO 00000
Frm 00018
*
*
(36) 552.238–116, Option to Extend
the Term of the FSS Contract. Use in
FSS solicitations and contracts when
appropriate.
(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
4. 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 (Mar 2022)
(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. 2022–03808 Filed 2–23–22; 8:45 am]
BILLING CODE 6820–61–P
Fmt 4700
Sfmt 9990
E:\FR\FM\24FER1.SGM
24FER1
]]>Agencies
[Federal Register Volume 87, Number 37 (Thursday, February 24, 2022)]
[Rules and Regulations]
[Pages 10313-10314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03808]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: GSA is issuing a final rule amending the General Services
Administration Acquisition Regulation (GSAR) to incorporate existing
internal GSA Federal Supply Schedule (FSS) policy concerning the option
to extend the term of the contract and the performance of orders beyond
the term of the base FSS contract.
DATES: Effective March 28, 2022.
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
GSA published a proposed rule at 86 FR 48617 on August 31, 2021, to
amend the 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.
Specifically, this rule incorporates 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. Discussion and Analysis
A. Summary of Significant Changes
There are no significant changes from the proposed rule. However,
two minor editorial changes have been made. The two minor editorial
changes are as follows:
Removal of the proposed changes to 517.207 from the final
rule. The reason is because 517.207 is no longer regulatory as the
section was made non-regulatory under a final rule published at 86 FR
28499 on May 27, 2021, and corrected at 86 FR 61079 published on
November 5, 2021; and
Change the prescription language for GSAR Clause 552.238-
116, Option to Extend the Term of the FSS Contract, noted at section
538.238(d)(36). The final rule changes the prescription from ``Use in
all FSS solicitations and contracts'' to ``Use in FSS solicitations and
contracts when appropriate.'' This change recognizes that not all FSS
contracts are five year contracts with three five year options (e.g.,
VA Schedules).
B. Analysis of Public Comments
No public comments were received in response to the proposed rule.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This rule 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.
IV. 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. The General Services
Administration will submit a report
[[Page 10314]]
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and 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).
V. Regulatory Flexibility Act
GSA does not expect this final 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, a Final Regulatory Flexibility Analysis has not been
performed. GSA invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
GSA will also consider comments from small entities concerning the
existing regulations in subparts affected by the rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (GSAR Case 2020-G509), in
correspondence.
VI. Paperwork Reduction Act
This 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 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 538 and 552 as set forth below:
0
1. The authority citation for 48 CFR parts 538 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 538--FEDERAL SUPPLY SCHEDULE CONTRACTING
0
2. Revise section 538.270 heading to read as follows:
538.270 Solicitation, evaluation, and award of Federal Supply
Schedule (FSS) contracts.
0
3. 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 FSS solicitations and contracts when appropriate.
(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
4. 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 (Mar 2022)
(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. 2022-03808 Filed 2-23-22; 8:45 am]
BILLING CODE 6820-61-P
