General Services Administration Acquisition Regulation (GSAR); Order Level Material Clarifications, 11589-11590 [2022-04287]
Download as PDF
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
[GSAR Case 2020–G537; Docket No. 2022–
0008; Sequence No. 1]
or FSS BPA award. OLMs must be
acquired following the procedures in
GSAR subpart 538.72. OLMs are
currently approved for 59 subcategories
under FSS contracts, see https://
www.gsa.gov/olm. The GSAR currently
requires the Senior Procurement
Executive’s (SPE) authorization for
further use of OLMs under FSS. GSA is
removing this requirement from the
GSAR to provide revised internal
operating guidance in the nonregulatory GSA Acquisition Manual
(GSAM).
GSA is removing references from the
OLM clause at 552.238–115 to the
Federal Travel Regulation (FTR) because
those references unnecessarily conflate
travel as being an order level material
and complicate the procedures for
ordering activities and contracting
officers.
GSA is also updating the GSAR to
accurately reflect terminology,
acronyms, citations, and references in
conformance with the new consolidated
FSS schedule procedures (more
information available at: https://
www.gsa.gov/schedule).
RIN 3090–AK32
II. Authority for This Rulemaking
General Services Administration
Acquisition Regulation (GSAR); Order
Level Material Clarifications
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.
2. In § 73.622(j), amend the Table of
Allotments, under Ohio, by revising the
entry for Toledo to read as follows:
■
§ 73.622 Digital television table of
allotments.
*
*
*
(j) * * *
*
*
Community
Channel No.
OHIO
*
*
*
Toledo ...................................
*
*
11, 13, 23, 26,
* 29, 35
[FR Doc. 2022–04311 Filed 3–1–22; 8:45 am]
BILLING CODE 6712–01–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 538 and 552
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
AGENCY:
The General Services
Administration (GSA) is issuing a final
rule amending the General Services
Administration Acquisition Regulation
(GSAR) to remove unnecessary language
regarding approvals and travel and to
correct citation and acronym references
relating to order level materials.
DATES: Effective: April 1, 2022.
FOR FURTHER INFORMATION CONTACT: Ms.
Megan Huppee or Mr. Bryon Boyer,
GSA Acquisition Policy Division, for
clarification of content at gsarpolicy@
gsa.gov. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite GSAR Case 2020–
G537.
SUMMARY:
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with RULES1
I. Background
Order Level Materials (OLMs) are
supplies and/or services acquired in
direct support of an individual task or
delivery order placed against a Federal
Supply Schedule (FSS) contract or FSS
blanket purchase agreement (BPA),
when the supplies and/or services are
not known at the time of FSS contract
VerDate Sep<11>2014
16:19 Mar 01, 2022
Jkt 256001
III. Discussion and Analysis
After an internal review of existing
policy, GSA is removing the
requirement for GSA SPE authorization
for use of OLMs on FSS, because it is
unnecessary and administratively
burdensome to the agency. Revised
operating guidance which will provide
for a lower level of approval, will now
be provided in the non-regulatory
GSAM, because these are internal
procedures only, and as a result
references to changes to OLM
procedures are removed from the GSAR.
GSAR clause 552.238–115, Special
Ordering Procedures for the Acquisition
of Order-Level Materials prescribes
procedures for including OLMs when
placing an order against an FSS contract
or FSS BPA and references travel. The
reference to travel in the clause,
implying that it is an OLM, has caused
confusion for contracting officers. To
simplify acquisition procedures, this
final rule removes travel from the OLM
clause to allow ordering activities and
contractors to include travel at the order
level in accordance with Federal
Acquisition Regulations Part 31 and
may also include requirements from the
FTR.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
11589
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 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
OIRA has determined that this rule is
not a major rule under 5 U.S.C. 804(2).
Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of
1996 (codified at 5 U.S.C. 801–808), also
known as the Congressional Review Act
or CRA, 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
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 under the CRA
cannot take effect until 60 days after it
is published in the Federal Register.
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 it does not have a
significant effect or impose any new
requirements on contractors or offers,
the rule merely corrects citation
E:\FR\FM\02MRR1.SGM
02MRR1
11590
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
references, removes confusing
references for travel, and removes
inconsistent language for authorizations
for OLMs.
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 538 and
552
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
538 and 552 as set forth below:
■ 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
538.7201
552.238–115 Special Ordering Procedures
for the Acquisition of Order-Level Materials
[Removed and Reserved]
2. Remove and reserve section
538.7201.
■
*
lotter on DSK11XQN23PROD with RULES1
*
3. Amend section 552.238–115 by—
a. Revising the date of the clause;
b. In paragraph (a), in the definition of
‘‘Order-level materials’’ by removing the
words ‘‘materials means’’ and adding
‘‘materials, as used in this clause’’ and
in the third sentence removing the
phrase ‘‘this section’’ and adding the
phrase ‘‘this clause’’ in its place;
■ c. Revising paragraph (d)(2);
■ d. Removing from paragraph (d)(4) the
phrase ‘‘FSS contract’’, and adding the
phrase ‘‘FSS Contract,’’ in its place.
■ e. Removing from paragraph (d)(6) the
phrase ‘‘follow procedures’’ and adding
the phrase ‘‘follow the procedures’’ in
its place;
■ f. Removing from paragraph (d)(7)(i)
introductory text the word ‘‘contractor’’
VerDate Sep<11>2014
16:19 Mar 01, 2022
Jkt 256001
*
*
*
*
Special Ordering Procedures for the
Acquisition of Order-Level Materials (Apr
2022)
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
■
■
■
and adding the word ‘‘Contractor’’ in its
place;
■ g. Removing from paragraph
(d)(7)(i)(A) the phrase ‘‘contractor under
FAR 52.212–4 Alt I (i)(1)(ii)(A)’’ and
adding the phrase ‘‘Contractor under
paragraph (i)(1)(ii)(A) of FAR clause
52.212–4 Alternate I’’ in its place;
■ h. Removing from paragraph
(d)(7)(i)(B) the word ‘‘contractor’’ and
adding the word ‘‘Contractor’’ in its
place wherever it appears, and removing
the word ‘‘its’’;
■ i. Revising paragraph (d)(7)(i)(C);
■ j. Removing from paragraph (d)(7)(iii)
the phrase ‘‘FAR 52.212–4(i)(1)(ii)(D)(2)
Alternate I’’ and adding the phrase
‘‘paragraph (i)(1)(ii)(D)(2) of FAR clause
52.212–4 Alternate I’’ in its place;
■ k. Removing from paragraph (d)(9) the
phrases ‘‘by GSA’’ and ‘‘compliance
with the IFF’’ and adding the phrases
‘‘by GSA (Federal Supply Schedules)’’
and ‘‘compliance with the Industrial
Funding Fee (IFF)’’ in their places
respectively;
■ l. Removing from paragraph (d)(10)
introductory text the phrase ‘‘OLMs’’
and adding the phrase ‘‘Order-level
materials’’ in its place;
■ m. Removing from paragraph
(d)(10)(ii) the phrase ‘‘FSS Schedule
Pricelists’’ and adding ‘‘Federal Supply
Schedule (FSS) Price Lists’’ in its place;
and
■ n. Removing paragraph (d)(11).
The revisions read as follows:
*
*
*
*
(d) * * *
(2) Order-level materials are included in
the definition of the term ‘‘material’’ in FAR
clause 52.212–4 Alternate I, and, therefore,
all provisions of FAR clause 52.212–4
Alternate I that apply to ‘‘materials’’ also
apply to order-level materials.
*
*
*
*
*
(7) * * *
(i) * * *
(C) A Contractor with an approved
purchasing system, per FAR subpart 44.3,
shall instead follow its purchasing system
requirement and is exempt from the
requirements in paragraphs (d)(7)(i)(A) and
(B) of this clause.
*
*
*
*
*
[FR Doc. 2022–04287 Filed 3–1–22; 8:45 am]
BILLING CODE 6820–61–P
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
[Docket No. 220223–0053]
RIN 0648–BL26
Taking of Marine Mammals Incidental
to Commercial Fishing Operations;
Atlantic Large Whale Take Reduction
Plan Regulations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
final rule.
AGENCY:
NMFS is implementing a
temporary emergency rule to prohibit
trap/pot fishery buoy lines between
Federal and State waters within the
Massachusetts Restricted Area during
the month of April 2022 to reduce the
incidental mortality and serious injury
to North Atlantic right whales
(Eubalaena glacialis) in commercial
lobster and Jonah crab trap/pot fisheries.
This emergency rule is necessary to
reduce the risk of right whale mortality
and serious injury in buoy lines in an
area with a high co-occurrence of
whales and buoy lines.
DATES: Effective April 1, 2022, through
April 30, 2022.
ADDRESSES: Copies of the documents
associated with this emergency rule are
available at https://
www.fisheries.noaa.gov/alwtrp or by
emailing Marisa Trego at marisa.trego@
noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Marisa Trego, 978–282–8484,
marisa.trego@noaa.gov, Colleen Coogan,
978 281–9181, colleen.coogan@
noaa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background
The North Atlantic right whale
(Eubalaena glacialis, hereafter referred
to as right whale) population has been
in decline since 2010, with the most
recent published estimate of right whale
population size in 2019 at 368 whales
(±11) with a strong male bias (Pace et al.
2017, Pace 2021). Preliminary 2020 and
2021 data suggest the decline has
continued and that fewer than 350
individuals remain (Pettis et al. 2022).
Though this population estimate is not
final and still undergoing final peer
review, it relies upon the same peerreviewed population models used in
E:\FR\FM\02MRR1.SGM
02MRR1
Agencies
[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Rules and Regulations]
[Pages 11589-11590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04287]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 538 and 552
[GSAR Case 2020-G537; Docket No. 2022-0008; Sequence No. 1]
RIN 3090-AK32
General Services Administration Acquisition Regulation (GSAR);
Order Level Material Clarifications
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 remove unnecessary language regarding approvals
and travel and to correct citation and acronym references relating to
order level materials.
DATES: Effective: April 1, 2022.
FOR FURTHER INFORMATION CONTACT: Ms. Megan Huppee or Mr. Bryon Boyer,
GSA Acquisition Policy Division, for clarification of content at
[email protected]. For information pertaining to status or publication
schedules, contact the Regulatory Secretariat at 202-501-4755. Please
cite GSAR Case 2020-G537.
SUPPLEMENTARY INFORMATION:
I. Background
Order Level Materials (OLMs) are supplies and/or services acquired
in direct support of an individual task or delivery order placed
against a Federal Supply Schedule (FSS) contract or FSS blanket
purchase agreement (BPA), when the supplies and/or services are not
known at the time of FSS contract or FSS BPA award. OLMs must be
acquired following the procedures in GSAR subpart 538.72. OLMs are
currently approved for 59 subcategories under FSS contracts, see
https://www.gsa.gov/olm. The GSAR currently requires the Senior
Procurement Executive's (SPE) authorization for further use of OLMs
under FSS. GSA is removing this requirement from the GSAR to provide
revised internal operating guidance in the non-regulatory GSA
Acquisition Manual (GSAM).
GSA is removing references from the OLM clause at 552.238-115 to
the Federal Travel Regulation (FTR) because those references
unnecessarily conflate travel as being an order level material and
complicate the procedures for ordering activities and contracting
officers.
GSA is also updating the GSAR to accurately reflect terminology,
acronyms, citations, and references in conformance with the new
consolidated FSS schedule procedures (more information available at:
https://www.gsa.gov/schedule).
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
After an internal review of existing policy, GSA is removing the
requirement for GSA SPE authorization for use of OLMs on FSS, because
it is unnecessary and administratively burdensome to the agency.
Revised operating guidance which will provide for a lower level of
approval, will now be provided in the non-regulatory GSAM, because
these are internal procedures only, and as a result references to
changes to OLM procedures are removed from the GSAR.
GSAR clause 552.238-115, Special Ordering Procedures for the
Acquisition of Order-Level Materials prescribes procedures for
including OLMs when placing an order against an FSS contract or FSS BPA
and references travel. The reference to travel in the clause, implying
that it is an OLM, has caused confusion for contracting officers. To
simplify acquisition procedures, this final rule removes travel from
the OLM clause to allow ordering activities and contractors to include
travel at the order level in accordance with Federal Acquisition
Regulations Part 31 and may also include requirements from the FTR.
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 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
OIRA has determined that this rule is not a major rule under 5
U.S.C. 804(2). Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (codified at 5 U.S.C. 801-808), also known as the
Congressional Review Act or CRA, 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 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 under the CRA cannot take effect until 60 days
after it is published in the Federal Register.
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
it does not have a significant effect or impose any new requirements on
contractors or offers, the rule merely corrects citation
[[Page 11590]]
references, removes confusing references for travel, and removes
inconsistent language for authorizations for OLMs.
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 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 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
538.7201 [Removed and Reserved]
0
2. Remove and reserve section 538.7201.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 552.238-115 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), in the definition of ``Order-level materials'' by
removing the words ``materials means'' and adding ``materials, as used
in this clause'' and in the third sentence removing the phrase ``this
section'' and adding the phrase ``this clause'' in its place;
0
c. Revising paragraph (d)(2);
0
d. Removing from paragraph (d)(4) the phrase ``FSS contract'', and
adding the phrase ``FSS Contract,'' in its place.
0
e. Removing from paragraph (d)(6) the phrase ``follow procedures'' and
adding the phrase ``follow the procedures'' in its place;
0
f. Removing from paragraph (d)(7)(i) introductory text the word
``contractor'' and adding the word ``Contractor'' in its place;
0
g. Removing from paragraph (d)(7)(i)(A) the phrase ``contractor under
FAR 52.212-4 Alt I (i)(1)(ii)(A)'' and adding the phrase ``Contractor
under paragraph (i)(1)(ii)(A) of FAR clause 52.212-4 Alternate I'' in
its place;
0
h. Removing from paragraph (d)(7)(i)(B) the word ``contractor'' and
adding the word ``Contractor'' in its place wherever it appears, and
removing the word ``its'';
0
i. Revising paragraph (d)(7)(i)(C);
0
j. Removing from paragraph (d)(7)(iii) the phrase ``FAR 52.212-
4(i)(1)(ii)(D)(2) Alternate I'' and adding the phrase ``paragraph
(i)(1)(ii)(D)(2) of FAR clause 52.212-4 Alternate I'' in its place;
0
k. Removing from paragraph (d)(9) the phrases ``by GSA'' and
``compliance with the IFF'' and adding the phrases ``by GSA (Federal
Supply Schedules)'' and ``compliance with the Industrial Funding Fee
(IFF)'' in their places respectively;
0
l. Removing from paragraph (d)(10) introductory text the phrase
``OLMs'' and adding the phrase ``Order-level materials'' in its place;
0
m. Removing from paragraph (d)(10)(ii) the phrase ``FSS Schedule
Pricelists'' and adding ``Federal Supply Schedule (FSS) Price Lists''
in its place; and
0
n. Removing paragraph (d)(11).
The revisions read as follows:
552.238-115 Special Ordering Procedures for the Acquisition of Order-
Level Materials
* * * * *
Special Ordering Procedures for the Acquisition of Order-Level
Materials (Apr 2022)
* * * * *
(d) * * *
(2) Order-level materials are included in the definition of the
term ``material'' in FAR clause 52.212-4 Alternate I, and,
therefore, all provisions of FAR clause 52.212-4 Alternate I that
apply to ``materials'' also apply to order-level materials.
* * * * *
(7) * * *
(i) * * *
(C) A Contractor with an approved purchasing system, per FAR
subpart 44.3, shall instead follow its purchasing system requirement
and is exempt from the requirements in paragraphs (d)(7)(i)(A) and
(B) of this clause.
* * * * *
[FR Doc. 2022-04287 Filed 3-1-22; 8:45 am]
BILLING CODE 6820-61-P